common use
and common purposes of all members of the society, and all members of
the society, so far as common plot and common facilities ... member of the society who had common interest for common use
of the common plot of the society. Therefore, the contention of the
learned counsel
common use
and common purposes of all members of the society, and all members of
the society, so far as common plot and common facilities ... member of the society who had common interest
for common use of the common plot of the society. Therefore, the
contention of the learned counsel
never belonged to the original owner but it was for common plot and
to be used for the public purpose. The entries recorded ... name of Nagarpalika was
entered in relation to the common plot in the village form No.6. It
was further noticed that the vendor
width and was allowed to carry out plot/building on the
common plot land.
2 The
Courts below have, prima-facie, found that the construction ... said common plot
cannot be converted into any commercial plot and no kind of
construction can be carried out in the common plot. The above
mtrs of land, which
includes the common plot and roads. However, subsequently when the
final award was declared on 28/09/1993, it was only ... mtrs. of land (actual land acquired excluding the common plot and
roads). That the learned Reference Court vide judgement and order
dated 18/10/1996
respondent No.4, which would be
a common wall so far as the common plot and the bungalow of
respondent No.4 is concerned. Under ... such respondent No.4 has encroached upon some
portion of the common plot. Let the Officer of Corporation have
measurement of common plot in presence
ought not to have held that
construction was on the common plot and is required to be removed.
It is contended that as such there ... therefore in the Final Plot where there are different
plots, question would not arise to keep the common plot. It is lastly
submitted that respondent
behalf of the
private respondents to have 10% of the common plot is considered in
that case also, there is no common plot admeasuring about ... identify the plot which is required to be
used as common plot, the area of which shall not be less than 10% of
the total
commercial purpose.
Smt.Pushpaben has plotted above referred land and total 121 plots
for residential purpose and two plots for commercial purpose were
earmarked ... provisions of law, 3 common plots of 2497.35
sq.mtrs. were earmarked. Provision of Development Plan Roads was
also maintained in plots.
Since
sister
principal grievance of the petitioners is that the
area of common plot is allotted to a charitable trust for
construction of temple
