they did not own this land, the Applicants fraudulently
sold the common plot of the society, causing illegal financial
gain. It is further alleged that ... common plot of Harkornagar
Vibhag - 2 (City Survey No. 226/A/35, 628.12 Sq. Mtrs.) and
Harkornagar Vibhag - 1 (City Survey
plots were having area of 1493 sq. mtrs. and 'B'
type plots were having are of 759 sq. mtrs. In these plots,
common ... 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
plots were
defined and demarcated during the process of preparation of the
draft TP scheme and hence, the demarcated original plots and final
plots were ... separate final plots provided under the sanctioned draft TP scheme
have been combined and the plot holders have been given one
common final plot
meter of land sold to the purchaser
along with the common plot admeasuring 300.09 sq. meters for which
no consideration is received by the seller ... regulations, stamp duty has been collected by the authority on this
common plot also. Had the ld. PCIT gone through these facts and
circumstances, then
were required to
determine and acquire proportionate area of final plot from the
competent authority and to obtain revised plan after de-
marking the area ... property as the suit property had
been shown as parking and common plot as per the sanctioned
plan of the Amenakhatun Hospital.
3.8 Thereafter
Shriji Investors (the
purchasers) contains description of the property as Sub-
divided Plot No.136/1/1 (total area 8866.48 sq.mtrs.) and Sub-
division ... total area of 12,330.32 sq.mtrs.,
inclusive of common plot area with the old existing
construction thereon.
33. With the above sale deed brought
original development
permission for its use as an open common plot for its members. This
Court also issued further writ that such town planning scheme
matters which
directly flow from the common theme. No actionable similarity was
found despite a few commonalities being found to exist between the
rival works ... infringement made out as the protection sought is
in respect of common plots, themes and other unprotectable
elements; and on a proper comparison
that the complainant side is
running a school in a common plot of Binanagar Co-
operative Housing Society, which is a co-operative society
Page ... settling the matter
with regards to the encroachment made on the common
plot by the school and during that period, verbal
altercation had taken place
petitioner was engaged in Diwali
celebration by firing crackers in
the common plot. The petitioner
was also attacked upon the
petitioner and his family members
