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Showing contexts for: common plot in M/S. Prime Properties vs Sana Lakshmi Devi on 29 June, 2020Matching Fragments
48. Coming to the 3rd point with regard to the nature of the land, it is the specific case of Bhagyanagar Cooperative Housing Society Limited that they have obtained a layout from the Gram Panchayat and divided the land into almost 2,000 plots, the said stand is contrary to the stand taken in O.S.No.730 of 2001 filed by them. Moreover, they have stated that the subject land is covered by flyovers, roads, common areas, parts etc., many of the individual plots owners, have applied to the concerned Department for getting the plots regularized under the Layout Regularization Scheme, and applied to the government under the provisions of the ULC Act for getting their individual plots regularized, and paid substantial amount. When Bhagyanagar Cooperative Housing Society Limited themselves have pleaded that the lands have been converted into plots and there are roads, flyovers, parks, common areas etc., in the subject land, the conclusion arrived at by the learned Single Judge that the lands in question are basically agricultural lands cannot be countenanced. It is well established principle of law that any case has to stand or fall on HCJ & AARJ the basis of the pleadings made by the plaintiff/petitioner who has approached the Court and not on the weakness of the defendant/respondent. The Society on one hand cannot say that the subject land is converted into plots and covered by roads, flyovers, drainage pipes etc., to suit their needs, and yet, on the other hand take a stand that the lands are Agricultural lands, in order to defeat the claim of M/s. Prime Properties. Obviously, the nature of the land will not change according to the whims and fancies of a party. Having taken a specific stand that the land is converted into plots, that there are flyovers, roads, open areas, parks etc., in the subject land, the Bhagyanagar Cooperative Housing Society Limited cannot turn around and take a contra stand, that the lands are agricultural lands. For, a party cannot be permitted to blow hot and cold simultaneously. In order to see if the provisions of the Agricultural Ceiling Act or ULC Act are application or not, it is important to extract some of the provisions of the Agricultural Ceiling Act as well as the relevant provisions of the ULC Act.