Chairman of the Society had allotted
one room constructed on the common plot to Mansing for living in it
without any rent. Mansing ... additional room besides the old room situated on the common plot of
the Society. This triggered the controversy between the members of
the Society
allegation that the petitioner has sold part of the common plot, which admittedly formed a part of the lands owned by the petitioner ... that merely because a parcel of land is demarcated as a common plot in the lay out plan, the owner does not lose his title
common use
of all the residents and occupants of the building unit, free of
cost. On sanction of the development permission, the common
plot shall ... common use of the residents/occupants.
Page 18 of 40
C/WPPIL/347/2013 CAV JUDGMENT
The general requirements so far as the common plot
Maruti Cooperative Housing
Society Limited., PartII to sell the common plot admeasuring 400
sq. yds in favour of the Appellant Trust could ... utilization by the common people including
the members of the Respondent Society. The object of utilizing the
common plot for a common
plots without following the
procedure of calling for tenders or auction process
for allotment of plots and to submit the details of
the common plots ... different plots
referred to hereinabove are as under:
(i) Plot Nos.4002 and 4003 admeasuring 1940
sq.mtrs., transferred on 10.10.2008.
(ii) Plot
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
which has affected the
plot size of a number of plots. Examples are:
1. Straightening of the boundary between Plot No.261 and 268
which ... size of Plot Nos.175 to 179 has also reduced by
demarcating of fresh Final Plot Line.
3. Similarly, bulge between Plot
sold 63 plots and out of
this 63 plot holders, 47 came together and formed a society while
remaining 16 plot holders remained as individuals ... disputed plot of land would be decided accordingly. To put it in other
words, whether the plot of land is a common plot owned
sale &
handing over possession of Tenements to the Applicants and
common plot, road, main gate to the Applicant No.1 society;
during year ... થાય ત્યાં સુધી
કોમનપ્લોટની માલિકી સત્તામંડળ ખાતેરહેશે"
Accordingly, Possession of common plot-1 & 2
admeasuring 1440.23 & 894.05 Sq.Mtrs.
approved
upon the petitioners, because, the development permission is granted
over the common plot of the Society. It was pointed out that as per
the original ... which the development permission is given is, in fact, a common plot
of the Society. That in view of the impugned development permission,
the petitioners
