Plot Nos. 57 and 58 are divided in 8
sub-plots and such sub-plotting was also
sanctioned by the concerned authority. Said 8
plots ... sanctioned on
8 plots of original plot Nos. 57 and 58. As per
the said scheme, out of said 8 plot holders, 4
members have
land of Narayannagar Society known
as common plot land of the society which is situated at Revenue
Survey No.4/2 block ... that
society is having open space area which is earmarked as common
plot in the map of the society and the said common plot
occupying a residential tenament,
which was adjacent to the common plot of the society. It was
the case of the plaintiffs before the Trial Court ... that the said
defendant had encroached upon the common plot of the
society for his personal use, which was to be used
along with Undiv SH adm.
130.79 sq.mtrs in the common
road and common plot total
admeasuring about 1220.77
sq.mtrs.
Residential Plot ... mtrs
alongwith Undiv SH admeasuring
130.26 sq.mtrs. In the common
road and common plot, total
admeasuring about 1225.15
sq.mtrs.
Residential Plot
decree of the Court provided
inter alia firstly that the open common plot space
which was located between the boundary of the house ... temple,
shall be erected between the proposed temple and the
common plot. It was thirdly agreed to be made part of
the decree that
same society. Next to the
house of the complainant, there is common plot. Members of
the society intended to construct a community hall ... said
common plot for the benefit of the members of the society.
The complainant objected to it because if the community hall
would be constructed
made within a period of three months and
the common plot is also sold out.
5.4. Having come to know about the above referred order
lands. According to the petitioner, he has also
a plot in the said area being plot no. 6. He
has narrated about the alleged illegal ... various plots and some are
carrying out in the common plot also, however,
the respondent authorities are not taking any
serious action against them, though
plot in question is from the
beginning considered as a common plot and therefore, be made
available for common amenities of the citizens. This fact ... signature of the appellant himself by which the construction on
the plot was agreed to be carried out in a particular manner and
that
ORDER
legal proceedings for removal of encroachment and
obstruction from spaces of common use and
enjoyment ?"
[5] "Whether the Courts below were justified ... deceased
Respondent no. 1 herein there exists open space,
road and common plot of the ownership of the
present appellant no. 1Society and that
