plots to respective plot holders. It
was recited in the sale-deeds that final Plot No.568 and
471 will be kept as common plots ... land in question has been plotted into 116 plots and
out of such plots, some of the plots were sold to
individuals and some
directions directing the respondent corporation to
remove the encroachments from the common plot of the
petitioner society situated at Final Plot ... Final Plot No.217 and if anybody has encroached on
any part of the land of Final Plot No.217, including the common plot
Means the space adjacent to boundary of Building-unit,
buildings or common plot that should be kept fully open-to-
sky. No built-up area ... various floors
4. Permissible pen Spaces enforced under these
Regulations ‐ Common Plot, Marginal Open
5. Spaces, Setbacks and other open spaces.
6. Permissible Uses
respondent that common plot
was kept only for the purpose of use of the plot holders to whom
individual plots were sold by the petitioner ... that individual plots were sold to several
persons and piece of land was kept open for use of plot holders as
common plot and they
further stated that plot No.17
in the society is a common plot and is to be kept as
common plot, however the society ... society is that plot No.17 was never
kept as common plot, it was a plot which was given
number and in respect of which
road is required to be laid
down and common plot is also required to be
maintained. If such a provision is to be made ... making proper
provision for the road and the common plot as per
the provisions of the Code read with the Rules and
the respondent shall
facts and circumstances of the
present case in reference to the common
plot No.1 [survey No.391 Chhaya] in the
facts and circumstances ... objection to the
construction which is made in the common plot. It
is the case of Mr.Sanghvi, learned counsel
appearing for the petitioner that
under
utilization like size of common plot. In case the size of plot is more, the common
plot size will be commensurately higher, which ... material to treat assessee's case as that of a common plot size
having relatively higher non utilization of FSI beyond 32% because
112A and D-112B are part of a
common plot( Refer Asst Order Pg 7) . In respect of Plot
encroaching upon 2' of land of the
common path of plot No. 4/B (of the map attached ... year 1970 encroaching upon 2' of land of
the common path of plot No. 4/B but in his cross examination
