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Judgment
Sr. No,Contents,"Provision as per
Development Plan
Dharamshala","As per the revised
drawing submitted
on dated 13.12.2021","Remarks by TCP
Directorate as per
provisions of DP
Dharamshala, 2035
1,Land use,"Traffic and
Transportation i.e.
Bus Stand","Traffic and
Transportation i.e.
Bus Stand including
commercial complex)","As per Land Use of
Revised
Development Plan.
2,"Plot Area and
Ownership of land",150.00 Sqm,4835.00 Sqm,In order
3 Floor wise Built-up area:,,,,
,1.Ground Floor,,584.31Sqm,"Ground floor shall be
put to use which is
ancillary and sub
servient to public use
of bus stand.
,2.First Floor,,584.31Sqm,"First floor shall be
put to use which is
ancillary and sub
servient to public use
of bus stand.
,"3. Second Floor (Bus
Stand)",,2444.56 Sqm.,"Shop/outlets shall be
put to use which is
ancillary and sub
servient to public use
of bus stand.
Relaxation to the
extent of 1.0 mtrs in
floor height of Bus
Parking Floor is
hereby considered
and granted in
public interest.
,4. Third Floor,,2391.48 Sqm.,In order
,5. Fourth Floor.,,1446338 Sqm,"The 27 shops
already constructed
shall be put to use
which is ancillary
and sub servient to
public use of bus
stand as per
undertaking of CEO,
HPCT& Bus Stand
Management and
Development
Authority. The
proposed 7 more
shops to be
constructed are
disallowed.
,Total built up Area,9670.00 Sqm.,"7473.04 Sqm.
(including parking
floors) 2842.72
(Excluding parking
floors.",In order.
4,F.A.R,2.00,"1.54 (including
parking floors 0.59)
0.59 (Excluding
parking floors.)",In order.
5,No. of Storeys,4+1 Parking,2+3 Parking Floors,"Basement
constructed below
ground floor shall be
plugged and
rendered un-usable
and un-habitable.
6.,"Maximum Height of
building",18.80m,24.40 m,"Relaxation as per
actual construction
carried out at site to
the extent of 5.60
mtrs in overall height
of building is hereby
considered and
granted in public
interest.
7,Set Backs,,,
,Front,8.00m,"7.14 mtrs. (Average
as per revenue
boundary). 3.90 M.
(Average as per site
from acquired edge
of road","Relaxation in Front
Set back as per
actual construction
carried out at site to
the extent of 4.10
mtrs is considered
and granted in
public interest.
,Left,2.50m,1.50 m. (Average),"Relaxation in left
setback as per actual
construction carried
out at site to the
extent of 1.00 m is
hereby considered
and granted in
public interest.
,Right,2.50m,20.24m .( Average),In order.
,Rear,2.50m,6.17m.( Average),In order.
8,% age Coverage,40%,50.60%,"Relaxation in ground
coverage to the
extent of 10.60 % is
hereby considered
and granted in
public interest.
9,"Structure Stability
Certificate
mandatory",Mandatory,Submitted,In order
10,"Provision of
Electricity& Water
Supply",-do-,"Shown in the
submitted drawings",In order
11,"Provision of Sewer
Disposal",-do-,"Provision shown
through septic tank
in the submitted
drawings.",In order
12,"Provision of Rain
Water Harvesting
Tank","Provision of 40000
Ltr. Capacity of
R.W.H.T. Is required.","Provision shown in
higher capacity in
the submitted
drawings.",In order
13,"Provision of barrier
free access","Mandatory i.e.
Ramp, Lift,
Escalators, and
Toilet for Persons
with disability","Provisions except
ramps are not shown
through in each
floor in the maps","Applicant shall
construct at least one
male and female
toilet each at parking
floors for persons
with disability.
14,"Height of slopping
roof","2.50 mtr. max.
Height of slopping
roof is permissible","Slopping roof of
2.30 mtr. height has
proposed in the
submitted plans.",In order
Use of Ground Floor and First Floor is hereby permitted for use which is ancillary and sub servient to public use of Bus Stand, for which",,,,
in compliance to the orders of the Hon’ble High Court of Himachal Pradesh dated 04.01.2022 undertaking has been submitted by the,,,,
CEO, HPCT & BSMDA.",,,,
On 4th floor, the 27 shops already constructed are hereby permitted and same shall be put to use which is ancillary and sub servient to",,,,
public use of Bus Stand, for which the CEO, HPCT & BSMDA has given an undertaking in compliance to the orders of the Hon’ble",,,,
Apex Court dated 12.01.2021.,,,,
The Bus stand/ parking complex shall strictly be used for the purposes defined in the proposed drawings and in accordance with the,,,,
directions passed by the Hon’ble Apex Court.,,,,
Accordingly, two complete sets of project drawings are sent herewith for further necessary action with the direction to follow all codal",,,,
formalities, please.",,,,
Encl: As above.,,,,
Kamal Kant Saroch (IAS),,,,
Director,,,,
Town and Country Planning Department,,,,
Himachal Pradesh, Shimla -09â€",,,,
Having carefully perused the aforesaid communication, this court finds that reliefs, as prayed for, in the instant petition stand granted to the",,,,
petitioner and as such, nothing remains to be adjudicated in the present petition.",,,,
Consequently, in view of the above, present petition is disposed of with direction to the Managing Director, HP BSM&DA to ensure strict",,,,
compliance of terms and conditions contained in the aforesaid communication dated 13.1.2022, so that bus-stand complex at McLeodganj,",,,,
Dharamshala, is put to use forthwith. Needless to say, Project Proponent would render proper assistance to the Managing Director, enabling him to",,,,
comply with the directions contained in the instant order.,,,,
Pending applications, if any, also stand discoed of.",,,,