upon the petitioners, because, the development permission is granted
over the common plot of the Society. It was pointed out that as per
the original ... which the development permission is given is, in fact, a common plot
of the Society. That in view of the impugned development permission,
the petitioners
Constitution of India and
thereby restore the position of the Common Plot i.e. ante-existing
prior to the construction work started by the respondents ... plot holders. I further say that the original plot holder
i.e. petitioner Nos. 1 and 2 had by letter dated 23.6.2003 handed
over common
said
construction plan, certain areas were demarcated as common plot and
internal roads in the revised plan. It appears that thereafter, the
area was included ... Planning
Scheme was framed for such purpose. In the scheme, the common plot
of the petitioner society is given final plot
case as appearing from the record are that there was a
common plot owned by the respondent No.7 Patidar Co-operative
Housing Society ... situated in
the defendant No.1 society has been sanctioned for common plot,
garden and club, therefore, any act, writings, resolutions, deeds or
transactions
owners of plot No.2B with open
plot in front of the said plot. The plaintiffs purchased the said
plot by registered sale deed dated ... plot for all plot
holders. It is also case of the defendants that the plaintiffs have
paid consideration only for plot No.2B (plot
unauthorized construction put up by the Res. No.2 upon the common
plot of the society.
(B) That
this Hon'ble Court be pleased ... unauthorized construction put up by the Res.No.2 upon common plot of
the Society.
The
petitioner has made manifold grievances in the petition
appellant plaintiff that plot No.9/A is a
common plot of society, namely Ahuja Park situated in Kubernagar,
Ahmedabad. On perusal of the impugned ... nothing on record to show
that the disputed plot is common plot of the society. The learned
advocate appearing on behalf of the appellant could
monarch
and he has no power or authority to allot common plot/common space.
In the present case, mezzanine (skip) floor to respondents ... this
Court any law which permits regularization of allotment of common
plot of a co-operative society in favour of any person, more
particularly when
area, (iii) Height of building, (iv) Change of use, (v) Common plot, and (vi) Parking, subject to the condition that the occupier or owner shall
land admeasuring gross plot area entitlement of
2634.36 sq. mtrs and net plot area of 2451.12 sq mtrs out of the
common plot of land
