Case Note & Summary
The Supreme Court addressed applications concerning the clarification of the concept of 'mother plot' and the term 'adjoining' as per the LBZ guidelines dated February 08, 1988. The applicants, M/s Tanvi Trading & Credit Pvt. Ltd., sought to construct a two-storey building on Plot No. 47, which faces Amrita Shergil Marg. The court noted that the original plot had been bifurcated following a court decree, thus the concept of 'mother plot' was deemed inapplicable to Plot No. 47. The court emphasized that the height of the proposed building should not exceed that of the lowest bungalow on the adjoining plots along Amrita Shergil Marg, and that the height of buildings on Prithvi Raj Road was irrelevant to this determination. The court disposed of the application with these clarifications, allowing the applicants to proceed with their construction plans in compliance with the clarified guidelines.
Headnote
A) Administrative Law - Building Regulations - Clarification of Guidelines - Not applicable to Plot No. 47 - Court clarified that the concept of 'mother plot' does not apply to Plot No. 47 due to bifurcation, allowing construction of a building not exceeding the height of the lowest adjoining bungalow. The height of buildings on Amrita Shergil Marg must be considered for uniformity, excluding those on Prithvi Raj Road. Held that the applicants can proceed with their construction plans accordingly (Paras 1-3).
Issue of Consideration
Clarification of the concept of 'mother plot' and the term 'adjoining' in LBZ guidelines
Final Decision
The Supreme Court clarified that the concept of 'mother plot' does not apply to Plot No. 47, allowing the applicants to construct a building not exceeding the height of the lowest adjoining bungalow on Amrita Shergil Marg.
Law Points
- Clarification of guidelines
- building height regulations
- concept of mother plot
- adjoining plots
- LBZ guidelines
