direction
to the respondent no.2 and 4 from
removing the common plot No.2 and 3 of
the petitioner society and also
further direction ... authority i.e. res.
No.2 and 4 from removing the common
plot nos. 2 and 3 of the petitioner
society.
C) Be pleased
total area of 1236.59 Sq.Mtrs.
pertaining to the common plot belonging to the petitioner-
Society with following prayers:
"(A) Your Lordships be pleased ... 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
northern side of the site plan, there is a common plot
admeasuring 555 sq. mtrs. On the southern side of the common
plot, there ... record. Perusal of the same shows
that there is mention regarding common plot in all these sale deeds.
There is also mention regarding common plot
assessment of the capital gains on sale of the
common plot, which is not the subject matter of assessment
in the hands of the society ... Assessing officer erred in taking the cost
of acquisition of the common plot sold during the year as
Rs. Nil and in consequently calculating long
actual plot Sr. No., the amount received from the sale
of plot No.29 could not be ascertained whether it is an
independent plot forming ... proportion to
their respective size of the plot.
iii. It was submitted that the plots held for common amenities were
from time to time allotted
actual plot Sr. No., the amount received from the sale
of plot No.29 could not be ascertained whether it is an
independent plot forming ... proportion to
their respective size of the plot.
iii. It was submitted that the plots held for common amenities were
from time to time allotted
constructions were also noticed, the place and size of
common plot was found to have been changed in a manner
and in the way impermissible ... area which
was not required to be kept as common plot is treated
as common plot and vice-a-versa. It is further
recorded that
constructions were also noticed, the place and size of
common plot was found to have been changed in a manner
and in the way impermissible ... area which
was not required to be kept as common plot is treated
as common plot and vice-a-versa. It is further
recorded that
herein appears to have made certain
construction on the common plot of the housing society and
approached the Competent Authority under the provisions ... appellant that respondent no.4 herein has made construction in
common plot of the housing society, such constructions are not to
be regularized
constructions were also noticed, the place and size of
common plot was found to have been changed in a manner
and in the way impermissible ... area which
was not required to be kept as common plot is treated
as common plot and vice-a-versa. It is further
recorded that
