aside the revised plan of construction of
Residential premises on the common open plot on the
eastern side of the plot ... unauthorized construction made by
respondent no.7 and 8 in open common plot
admeasuring area 2840.00 sq. ft. equal to 293.84 sq.
mtrs. in survey
common open plot of the society, pending the admission,
hearing and final disposal of this petition;
(C) YOUR LORDSHIPS be pleased to direct the respondent
remove the so-
called encroachment of the common plot by respondent
No.4 on common open plot. The learned Single Judge
has observed in para
which
according to these applicants is the actual area of common
plot kept open.
Page 1 of 2
C/MCA/2359/2014 ORDER
Learned advocate ... open 769.00 Sq.Mtrs., the Surat
Municipal Corporation to ensure that a minimum 10% of the
entire land area is kept for common plot.
With
Plaintiffs purchased large property comprising inter alia 18
plots, open spaces, internal roads and common areas from the original
vendors Bapu Gaikwad and Shankarrao Cornell
that was done with the consent of the then occupants of the plots / association.
4.Be that as it may, there have been certain subsequent ... with an open well and pumproom for common purpose.
However, it has now been brought to our notice that the above plot was registered
common plot of the society and presently,
no forum is available to pray for restraint order to prevent
such illegal construction on the common plot ... prevailing today in connection with the
common plot of the society.
5. It is left open to the petitioner to take help of the professional
that the neighbouring plots have been handed over and that the contention that the plots in question were lying in a common purpose area ... process of regulating the allotment of impugned industrial plot which comes under common purpose/public purpose/open space reservation area, that the allotment
common plot of the society and presently, no forum is available
to pray for restraint order to prevent such illegal construction on the
common plot ... prevailing today in connection with the common plot of
the society.
5. It is left open to the petitioner to take help of the professional
consideration of Rs. 88.09 lacs for
transfer of the flat alongwith open plot. [Ref: Pg. No. 178 of the P.B.].
f) The Collector ... belong to
the Transferor, but was a common plot of land allotted to the society for its
common use. Further, the additional constitution of around
