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Showing contexts for: common open plot in Anvarbhai Abdulbhai Vora vs State Of Gujarat on 26 April, 2018Matching Fragments
C) Any other appropriate relief may be granted as deem fit by this Hon'ble Court in the interest of justice."Page 1 of 12 C/SCA/6710/2018 ORDER
2. The case of the petitioners are that the petitioners are residing at Narayannagar Society situated at Block No.13 of Revenue Survey No.4/2 at Chhapra Bhatha, Amroli, Surat. There are as many as 52 members residing and all 52 members are residing in tenements / rowhouse and each of the house is admeasuring 55.74 sq mtr containing the construction of 42.45 sq mtr area on the ground floor. It is the case of the petitioners that after getting the land converted into Nonagricultural land vide order dated 10.11.1989 and after getting the construction permission on 19.07.1991, the construction had been put up and petitioners are residing in House Nos.32 and 33 of said Narayannagar Society. It is the further case of the petitioners that society is having open space area which is earmarked as common plot in the map of the society and the said common plot is to be used for the benefit of all members of the society for various purpose. It has been alleged that the House Nos.31 to 35 are situated exactly in front of the common plot area and some of the area of the common plot is situated adjacent to House No.31 and the owners of House Nos.32 and 33 have carried out the construction by encroaching the area of the common plot and such illegal construction has been carried out which was brought to the notice of the respondent authority. So much so that Respondent Nos.4 to 6 are keeping cows and buffaloes in the said area for maintaining their livelihood. By keeping such cattle and utilising the common plot area in such unauthorised manner, some 4050 cows and buffaloes are being kept and illegal sell of milk activities are going on. Since no action has been initiated by the respondent authority and representations having not been decided so far, petitioners are left with no option but are constrained to approach this Court by way of present petition under Article 226 of the Constitution of India.