Section 80-IB(10): Multiple Housing Projects On 1 Acre Plot Permissible: B'Bay High Court

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From: editor@itatonline.org <itatonline.org@gmail.com>
Date: Fri, Mar 30, 2012 at 10:23 AM
Subject: Message from EGroup of SolapurCAs S. 80-IB(10): Multiple Housing Projects On 1 Acre Plot Permissible: B'Bay High Court
To: editor@itatonline.org

 

Dear Subscriber,

 

The following important judgement is available for download at itatonline.org.

CIT vs. M/s.Vandana Properties (Bombay High Court)

S. 80-IB(10): Multiple Housing Projects On 1 Acre Plot Permissible

 

The High Court had to consider the following questions on interpretation of s. 80-IB(10): (i) what is a "housing project" u/s 80-IB(10)?, (ii) whether if approval for construction of 'E' building was granted by the local authority subject to the conditions set out in the first approval granted on 12.5.1993 for construction of A and B building, construction of 'E' building is an "extension" of the earlier housing project for which approval was granted prior to 1.10.1998 and, therefore, benefit of s. 80IB (10) cannot be granted?, (iii) whether the housing project must be on a vacant plot of land which has minimum area of one acre and if there are multiple buildings and the proportionate area for each building is less than one acre, s. 80-IB(10) can be denied?, whether the merger of two flats into one so as to exceed the maximum size of 1000 sq feet violates the condition set out in s. 80IB (10)? HELD by the High Court:

 

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Regards,