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
Constitution of India and thereby
restore the position of the Common Plot i.e. ante-
existing prior to the construction work started by the
respondents ... plot holders. I further say that the
original plot holder i.e. petitioner Nos. 1 and 2 had by
letter dated 23.6.2003 handed over common
revised
plan, common plot is to be made available for plot holders and no
construction is permissible on common plot. Mr. Shaikh submitted
that though ... construction being made
by some of the plot holders on their plots as also on the common plot.
The Secretary has decided the revision application
plotted as several residential plots, which would include
common roads and common plot admeasuring 8619 sq. yds. The
land owner thereafter sold several parcels ... agricultural permission
granted by the Collector which envisages common roads and
common plot, would the erstwhile owner have any right, title or
interest remaining
plots (in the
said housing society) which is adjoining the
common plot.
3.1 On the allegation that the petitioner has put
Page ... plots arose in light of the
petitioner's defence that it has not put up
construction beyond his own plot, much less the
common
petitioner, which in effect
completely takes away the common plot of the petitioner society;
Page 1 of 6
C/SCA/14171/2013 ORDER
(B) Pending ... same reconstitutes the original plot no. 62 of the
petitioner society into Final Plot No. 103 without the common plot, and
be further pleased
other
defendants in the suit from transferring the common plot of
defendant No.1 Society in any manner or from making any
construction ... changing use of the common and
also restraining the defendants from entering upon and taking
possession of the common plot. Such suit is filed
residing on the plots
adjoining to plot No.8. Their objection is that plot No.8 is a
common plot and, therefore, the petitioner ... putting up the construction on plot
No.8 is concerned as plot No.8 is not a common plot. Mr.
Pandya further submitted that
respondent No.2 is making illegal and unauthorized
construction on the common plot of the society and presently,
no forum is available to pray ... restraint order to prevent
such illegal construction on the common plot. The Court has,
therefore, permitted the petitioner to circulate the matter
today.
2. Leave
member of the society and he is entitled
to use the common plot meant for common uses /activities of the
members of the society ... case of the petitioner that in respect of such common plot of the
society, the Panchayat could not have passed resolution to construct
Bal Anganwadi
