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
plots to these
housing socities in the year 1960. The Bombay Housing Board also earmarked
certain plots as amenities and utilities plots. These plots were ... Government, certain
plots were allotted in common for the purpose of creating common amenities.
The individual plots allotted to each of the societies have been
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
1996. The preferential plots are mainly the
corner plots and plots having advantageious locations
and these plaintiffs had purchased aforementioned
corner plot having advantageous position ... free uninterrupted and unrestricted
access into the common areas and more particularly
the common areas behind plot Nos.1,2 and 3 including
the suit
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
approval for commencement and completion as one project
on a common plot of land.
2. At the outset, during hearing, Shri Sanjay Sharma,
learned counsel ... does not lay
down that the plot having minimum area of one acre must
be a vacant plot.
25. The question, therefore, to be considered
Land in Sq.mtrs 17718
Less: 40 x being road & Common plot etc. 7087
10031
Sale Price per Sq. mtrs ... allotment letters and
receipts issued with regard to particular plots, the right to the plots cannot be
denied in any case to the allottees. There
Scheme No.3 for final Plot
No.25 with Sneh Sagar Co.op.Hsg. Society Ltd. tenement No.13/B and 14/B
was purchased ... possession of building (land + construction) and
rights received through isment, common facilities, common plot parking and
other such rights was handed over
