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NDMC vs Tanvi Trading & Credit (P) Ltd.

Supreme Court20 February 2009J.M. Panchal · R.V. Raveendran · K.G. Balakrishnan

Ratio decidendi

The rule this decision rests on

Where height restrictions apply to a plot situated on a main road in a Land Betterment Zone, the height of the main building shall be determined by reference to the height of the lowest building on the adjoining plots facing the same main road, rather than by reference to buildings on a different, rear-facing road.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A. No. 1inCivil Appeal No. 5292 of 2008
NDMC & others ... Appellants
Versus
M/s Tanvi Trading& Credit Pvt. Ltd. & Others ... Respondents
With
I.A. No. 1InCivil Appeal No. 5293 of 2008
Union of India ... AppellantsVersusM/s Tanvi Trading& Credit Pvt. Ltd. & Others ... Respondents
ORDER
1. By filing these applications, the applicants have
prayed to clarify the concept of `mother plot' and of2
the word `adjoining' appearing in LBZ guidelines
dated February 08, 1988 so that fresh plans can be
submitted by them to the NDMC in accordance with
law and strictly within the four corners of judgment
dated August 28, 2008 rendered by this Court in
Civil Appeal No. 5292 of 2008 and Civil Appeal No.
5293 of 2008.
2. The Learned Counsel for applicants submitted that
applicants are proposing to construct only a
building with two storeys (ground and first floor) in
the plot in question which will not exceed the height
of the buildings on either side, on Amrita Shergil
Marg.
From the record of the case, it is evident that Plot
No. 47 belonging to the applicants faces Amrita Shergil
Marg. From the decision rendered in Civil Appeal
Nos.5292-5293 of 2008, it is clear that the concept of

`mother plot' would not be applicable so far as Plot No. 3

47 is concerned because of bifurcation of original plot

which had taken place pursuant to a decree of Court. In

the judgment which is sought to be clarified, it is held

that even if the concept of `mother plot' is not made

applicable to the facts of the case, the appellants would

be entitled to construct a building of the height of the

bungalow which is the lowest on the adjoining plots. It is

also clear from the clarification relating to the LBZ

guidelines issued on 09.05.1997, that to have uniformity,

the height of the main building on the adjoining plots on

Amrita Shergil Marg will have to be taken into

consideration and not of any building on a different road,

that is Prithvi Raj Road which is on the rear of the plot in

question.

3. With the above clarification, the application is

disposed of accordingly.

....................................CJI (K.G. BALAKRISHNAN) 4

......................................J. (R.V. RAVEENDRAN)

......................................J. (J.M. PANCHAL) NEW DELHI February 20, 2009.

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