that 665
Sq. Mts. of such land will be kept open for common plot in addition
to providing for other land for road. Such land
present
appellants challenged the action of the Government in allotting the
open plot in front of their residential units to several Government
servants primarily ... allotted, has open lands larger than the lands
required to be kept open as common plots under the GDCR framed by
the Gandhinagar Urban Development
December, 2004 canceling the allotments of Plots in their favour in an open auction. Since common questions of law and fact arise in the disposal ... some other parties have now acquired interest in the said plots, it was not open to the High Court to direct the appellants
December, 2004 canceling the allotments of
Plots in their favour in an open auction. Since common
questions of law and fact arise in the disposal ... some other parties have now
acquired interest in the said plots, it was not open to the
High Court to direct the appellants
definition of word premises.
Obviously prior to 1989 the open plots of lands were exempted.
12. Learned Judges of the Courts below have found that ... tenant by filing a suit under the
common law in respect of a open plot of land. Shri Joshi learned
counsel for the respondent/plaintiff
disposal of the individual plots, the
appellant was obliged to earmark open space for community purpose, like
provision of park, play ground, etc., and, therefore ... restraining the appellant from interfering with the common possession
and common enjoyment of the property by the plot owners. The respondents are not
claiming ownership
have been using open plot for recreational activities
including as a playground, nevertheless, they cannot insist that
plot be kept open for all times ... said regulation primarily
defines the term common plot and provides that the term shall mean
open space exclusive of margin and approaches and further provides
consisting of two rooms, a small balcony
opening towards gali, kitchen, bathroom and common WC and a open
1
courtyard in front of kitchen, bath ... comprising of two rooms, a
small balcony opening towards gali, kitchen, bathroom and common WC
and a open courtyard in front of kitchen, bath
open plot of one Shanker Lal. The site map
Ex.P.3 is very relevant. In the western side of this plot, in
middle there ... Meaning thereby the
plot of Shanker Lal is surrounding by houses of other persons
and the substantial part of plot has common boundary with
that
respondents for providing the common
facilities and amenities like (i) construction of temples, (ii)
Chora of village, (iii) Big open plot for celebration of festivals