respective parties, it appears
that dispute is with respect to common plot between tenement nos. 4
and 5 total admeasuring 400 sq.yards ... tenement holders are required to leave 5 ft margin and
thereafter common plot boundary start. Therefore, it appears to the
Court that if a fresh
society, a resolution was passed
regarding development of the common plot of the society.
Pursuant to the said resolution, the respondents ... permitted to develop the common plot. The
petitioner has filed Lavad case before the Board of
Nominees, Surat and claimed several reliefs including the
relief
common plot out of
Final Plot No.66 admeasuring 14638 Sq.Mts. allotted to them in lieu
of their original plot. Mr.J.D.Ajmera ... reserve an area
admeasuring 333 sq.mts. per Hectare for a common plot whereas the
respondents have reserved an area in excess of this.
There
illegally entered into the premises of the
complainant and asked for common plot. It is also the case of the
prosecution that the appellant-accused
came to be admitted.
The
instant appeal arises from the common judgment and award rendered by
the reference Court, particularly ... regarding the non-agricultural land
@ Rs.3 per sq.mtr., for common plot @ Rs.2 per sq.mtr. and for open
land
claim the exclusive
right of the plot No.613 which is common plot for ingress
and outgress to the several plot holders.
5)After having
possession of the suit lands which forms part of the
common plot of the society. Respondent No.4, therefore, cannot get
any permission to develop
area, at the same time, constructed common play area, common garden,
common parking amenities and common plot area, etc. In-fact, both
the plots were ... plots
was developed simultaneously, had common amenities like common play
area, common garden, common parking amenities and common plot area.
Thus, this was clear case
interest of the members of the petitioner
Association for using the common open plot which is specifically
earmarked for the purpose of parking or common ... pleased to the restrain the respondent No.4 from using
the common plot for commercial purpose, which is specifically
earmarked for the purpose of parking
keep open the existing gate situated on the
easternside of the common plot, adjoining to the plot No.6 towards
six meters road as indicated ... keep open the
existing gate situated on the easternside of the common plot,
adjoining to the plot No.6 towards six meters road as indicated
