common amenities and facilities like
compound, staircase and other facilities, which may be there
including the terrace in common and nobody can claim ... safety, or normally in common use;"
Moreover,
Section 21(1) of the said Act refers to common areas and facilities
and provides that
common use
and common purposes of all members of the society, and all members of
the society, so far as common plot and common facilities ... some third party. Therefore, if the common
plot is earmarked for common use and common facility of a residential
colony, which in the present case
common use
and common purposes of all members of the society, and all members of
the society, so far as common plot and common facilities ... some third party. Therefore, if the common
plot is earmarked for common use and common facility of a residential
colony, which in the present case
common
fund, controlled by the group, for a common benefit. Any
amount surplus to that needed to pursue the common
purpose is said ... appropriated in
the common fund of the society to be utilised as per the
byelaws which envisage development of common facilities
and expenditure
Counsel pointed out that another common plot was still available
with the Society for other common amenities and facilities and
therefore this sale in favour ... utilization by the common people including
the members of the Respondent Society. The object of utilizing the
common plot for a common
development fund of the society and thereafter be used for the common facilities. It is further communicated that if any amount is fixed ... societies are also separately charging maintenance charges for maintaining the common facilities of the societies from the members. It is further stated that
Park.
7. The
petitioner-Company developed total 48 Industrial Plots with
common facilities and infrastructure. They have been sold as 32 units
to 32 parties ... common
effluent treatment facility, telecom network, generation and
distribution of power, air conditioning and such other facilities as
are for common use for industrial activity
commercial activity and shall exclude the area
utilized for providing common facility or infrastructure facility;
(c)"associated enterprise" shall have the same meaning ... industrial
activity;
(e)"common facility" means facilities required for proper functioning
of industrial park and commonly shared by all the units located
Counsel pointed out that another common plot was still available
with the Society for other common amenities and facilities and
therefore this sale in favour ... utilization by the common people including
the members of the Respondent Society. The object of utilizing the
common plot for a common
waste treatment and disposal facility;
No occupier shall establish on-site treatment and disposal
facility, if a service of common bio-medical waste treatment
facility ... Treatment Facility.
48 According to the Biomedical Waste Management Rules,
2016, the "biomedical waste treatment and disposal facility"
means any facility wherein treatment
