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4.1 Learned advocate for the petitioners submitted that thereafter, construction was done in the form of residential house that too after getting necessary development permission from respondent No. 3 - Bilimora Nagarpalika. Thus, undisputedly, the construction was done as per the permission granted by respondent No. 3 - Nagarpalika by keeping 830.80 sq. mtrs. open area in the form of common open plot. The said common open plot is used by all the residents of the Society for their common use and this is the only common plot available to the petitioner No. 1 - Society. The issue herein is the common open plot forming part of T.P.Scheme No.1- (Bilimora-Desra).