common use
of all the residents and occupants of the building unit, free of
cost. On sanction of the development permission, the common
plot shall ... common use of the residents/occupants.
Page 18 of 40
C/WPPIL/347/2013 CAV JUDGMENT
The general requirements so far as the common plot
order dated 27.12.1960.
As per the relevant provisions of law regarding common plot
the predecessor-in-title (ancestor of the petitioners) as
erstwhile ruler ... common plot of 5%
of the total area for the purpose of the development. The plots
were made including the common plot
Gujarat Cooperative
Societies Act, 1961 had categorically
held that the common plot reserved under
NA permission cannot be converted to any
exclusive use without ... members of
the Society have a common/joint as well
as individual right to use the common
plot, and if there is any illegal
mentioned in the
approved plan as also of keeping three common plots open.
Total area of such common plots came to 1072 sq. mtrs ... revised plan for
development of the land in which the common plots were
combined from three to two common plots and total open
area available
that they will not put up
any construction in the common plot.
4.2 According to the respondent No.3, despite such
Page ... that the petitioner will not carry out any
construction in the common plot. Annexed hereto and
marked as Annexure-I is a copy
order dated
1.7.2014 whereby respondent No.1 Collector has
directed that common plot in the cooperative
housing society should not be used or allowed ... members of the society against commercial use of
the common plot of cooperative housing society,
on one hand respondent No.1 Collector issued
showcause
remove the lock from the gate to go to the
common plot of the plaintiff Society is unsustainable since the
present appellant had constructed ... relief to
the fact that, defendants have made
encroachment upon the common plot of the
society. In support of their say at the
relevant time
declared and admitted that it has put up
construction over common plot and the construction of the
premises in question is unauthorized and contrary ... having
Survey No.40/1, 41 and 42 and also on common plot 1 and 2 of
the Survey
between the road and building, or for internal road or for
common open plot etc. After coming into operation of the
Development Plan, no development ... accordingly.
All other regulations pertaining to margin land, internal street
roads, common open plot etc. would also be applicable on
remaining 60% land.
In pursuance
shops of around 125 to 150 sq. ft. on the common plot of the Society
facing the main road and that the respondent ... 2014 CAV JUDGMENT
shops on the common plot of the Society. The further grievance of
the petitioner was that the Jamnagar Urban Development Authority
although
