Hello,
As you know it is a common problem in our country that most building violates the building rules which should not be tolerated... But at the same time, I found many of the building rules an enchroachment into the rights of the owners who want to build a comfortable home for them to live. I would like to find a way to challenge some of those building rules/parameters to the extent it is arbitrary and doesn't directly serve the interest of the public safety and convenience etc.
For example, I see the following in CMDA (chennai) Development Control Rules(DCR):
1. The front setback is 1.5 M if the road widdth is <10M but 3M if the road widdth is >=10M <15M.
There can be no logic for the above, because:
The front setback is left empty or used for parking but never given to the public use and thus the only thing that the municipality should be concerned is public safety here and thus what could be the justification to change the front setback requirements based on the widdth of the road? Why should it double the moment the road becomes 10M? what could the difference between a road widdth of 9 M and 11M (from public safety point of view)?
In addition, the DCR allows one or two floors and whouldn't safety and thereby the setback be varying by number of floors as well? Naturally a 2 floor building would require more front setback for safety of the public.
2. Similarly, the DCR requires a total side setback of just 1M if the plot widdth is <=20ft but the moment the plot widdth is @30ft, then the total side setback required is 3M!!!! What could possibly be the logic? Logically there is an aspect of safety and comfort here and both has no bearing on the widdth of the plot but only on the height of the building and why it changes drastically blows my mind!! It seems completely arbitrary and unscientific and can never be supprted by any data point...
There are many such parameters which has no relevance to the public safety and convenience and yet are being forced on to the citizens...similarly the FSI is a useless parameter as such for control of density...
I am looking for your views as well as case laws where the court may have set aside similar parameters on the ground of arbitrariness.. Your help with the same is much appreciated.
Cheers!
