- (1.) The challenge in the present writ petition is to a condition in the zoning plan communicated vide letter dated 02.08.1990 whereby additional coverage of 5% on the ground floor on the plots having back on the sector dividing roads was not permitted.
(2.) The petitioner purchased Plot No. 523, Sector 2, Panchkula measuring 209 square meters on 09.09.1998 situated on dividing road of Sectors 2 and 4. As per the Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979 (for short "the Regulations") the maximum coverage on a plot up to 225 square meters was 55% prior to amendment of the Regulations in the year 1987. The zoning plan approved in terms of such Regulation has been appended by the petitioner as Annexure P-2.
(3.) However on 06.03.1987 the Regulations were amended enhancing maximum coverage to 60% for the ground floor on the plot size up to 225 square meters with maximum permissible coverage on the first floor being 55%. The amendment further contemplated that the building shall conform to the restriction contained in the zoning plans of the respective area of sector. The relevant extract from the Regulations, as amended, reads as under :- "Haryana Urban Development Authority (Erection of Buildings) Regulations, 1979 13. Proportion of the site which may be covered with buildings." (a) The proportion up to which a site may be covered with buildings including ancillary building shall be in accordance with the following slabs, remaining portion of the site shall be left open in the form of an open space around the building or a courtyard. (i) RESIDENTIAL (a) Permissible Maximum Coverage (b) Permissible FAR and Maximum Height : xx xx xx xx Provided that the building shall conform to the restriction contained in the zoning plans of the respective area or sector: Provided further that in the case of houses already constructed or which are under construction before the issue of this notification the benefit of additional covered area, i.e. the difference between the aggregate permissible coverage on all floors as now stipulated and that already provided in the rules may be allowed on any floor subject to the restrictions as provided in the zoning plan and other provisions as stipulated above:-;