Respected counsels,
Requesting your valuable comments on my below query,
There are 3 plots namely A, B and C. Plot C has a reservation of 125 square meters for road setback area. Builder in order to utilize that 125 square meters (reserved for road setback area) exchanges the measurement of plot A with plot C and in the same sanctioned plan he utilizes FSI of reserved area to construct 1 additional floor on wings constructed on plot A and B.
After few months the road for which 125 square meters on Plot C was reserved, got aligned and 125 square meter of Plot C got vacant. Builder thereafter has utilized that 125 square meters road setback area and got a new wing erected on Plot C.
My question is since builder has made triple use of Plot C,
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By using FSI in lieu of reservation of 125 square meter (road setback area) to build 1 extra floor,
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By exchanging the measurement of plots A and C shown inflated measurement in building plan.
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By acquiring road setback area for construction of new wing.
Is the act done by builder is legal in law?
Does the newly constructed wing stands illegal?
Is it a strong base to be challenged in high court?
Appreciate your early responses...