that the amended plan enabled the promoter to encroach upon the common undivided open park areas for construction of new building. The undivided open park ... enhanced number of floors, site, office transformers and generator rooms encroaching upon common areas. The amendment far exceed the permissible
B. Venkata Prashant vs Government Of Andhra Pradesh & Ors. on 16 February, 1998
Equivalent
with a malafide
intention of encroaching common areas belonging to the first
plaintiff on the pretext that they want to build upon the
existing Temple ... date
22.07.2011, they with a malafide intention to encroach the
common areas belonging to first plaintiff and with a pretext
that they want to build
under:-
i. Respondent No.2 alleged that the petitioners illegally
encroached the common area of the building, i.e., common lobby
in front of their ... affairs of the residential society. There is an allegation of
encroachment of common area, dispute in respect of claiming of roof-rights,
alleged non-fulfilling
common space, which was encroached upon by him alongwith his wife during pendency of the suit on 25.1.2014 and the open common parking area ... other common area of the apartment campus. The suit was filed in November, 2011. During pendency of the suit this area was encroached upon
dated 26.11.1996. The set backs are not provided and the
common areas are encroached. Cellar floor was unauthorisedly
constructed and construction was in gross violation ... failed to maintain setbacks and
constructed RCC columns and common areas are encroached. The
plaintiff made cellar unauthorisedly and violated the sanctioned
plan by constructing
purchased the retail space (shops) on super area
basis comprising both carpet area and joint common area from OPs. These were earlier
sold ... joint common areas since
they purchased space on the basis of super areas. However, these common areas
allegedly have been illegally encroached upon
Rules, 2007 is to
prevent the unauthorised construction /encroachment in the common
area of the society.
(b) It is averred that the defendant ... defendant no.1 and 2 made illegal attempt of encroaching upon
common areas of the society by illegally trespassing the labour in the
society
Chander Aggarwal to
Mrs. Suraj Kumari stating that there is encroachment of common
areas of ground floor;
Wealth tax receipt for the year
purchased the First Floor. A dispute arose
regarding alleged encroachment of common areas by the Petitioner.
4. A Complaint filed by Respondent