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5. The above arguments have been controverted by learned counsels representing plot holders as well as by the State. It has been submitted that the petitioners applied for revised development permission by suppressing the fact that there were conditions which were imposed at the time of granting non-agricultural use permission. The revised development permission accorded to the petitioners' father was in the year 1993 which has neither been varied nor altered. As per this permission, the petitioners were not permitted to develop or use the plot kept for common purposes. It HC-NIC Page 3 of 5 Created On Sat Jul 02 02:07:03 IST 2016 C/SCA/3456/2011 JUDGMENT has been submitted that if there was any violation of the aforesaid condition, the violator was liable for punishment under the Bombay Land Revenue Code. It has been submitted that the Collector has passed the order under the Bombay Land Revenue Code and passing of such order was within his jurisdiction.

6. I have considered the submissions of both sides. Site Plan/lay out plan of the plot in question is available at page 154. On the northern side of the site plan, there is a common plot admeasuring 555 sq. mtrs. On the southern side of the common plot, there is an 18 mtr.wide road and below that there are residential houses of the respondents. I have gone through some of the sale deeds which have been placed on record. Perusal of the same shows that there is mention regarding common plot in all these sale deeds. There is also mention regarding common plot left for the common purpose of the residents. Further there is mention about this plot in the non-agricultural use permission granted by the Collector vide his order dated 08.06.1992. Through their action, the petitioners are trying to use the common plot by raising constructions and using the same for commercial and residential activities. This Court is of the considered opinion that such activity cannot be permitted. Perusal of the conditions imposed by the Collector at the time of grant of non- agriculture permission leaves no doubt that allowing further construction on the plot kept for common purpose will amount to violation of the conditions imposed by the Collector in the aforesaid HC-NIC Page 4 of 5 Created On Sat Jul 02 02:07:03 IST 2016 C/SCA/3456/2011 JUDGMENT non-agricultural permission. Once there is violation of the conditions imposed in the non-agricultural permission, the Collector is within his powers to intervene with such activity under the powers available to him under the Bombay Land Revenue Code. Accordingly, the action of the Collector of restraining the petitioners from raising constructions is well within his powers.