Summary:
When the BMC acquires part of a plot, it gives the owner additional construction rights on the remaining portion. The society also said that the plot did not fall within the road line and hence cannot be acquired. “He has also not challenged the fact that he has availed of extra FSI from the defendant (BMC) in lieu of setback land.” Thus, the 115 sq metre acquisition in his case would be offset by excess FSI already used, the BMC had said. The society thus claims that as it is the owner of the plot, the BMC ought to have issued the landacquisition notice to it and not Satyamurty..