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
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
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
original plot holder i.e. petitioner Nos. 1 and 2 had by
letter dated 23.6.2003 handed over common plot as
well ... constructing Anganwadi upon the said common plot.
It is stated by those residents that the common plot
has remained unutilized since last 17 years
plots allotted to them and since some of
the employees who were transferred out from Gandhinagar further
sought permission to sell their plots, upon receipt ... these poles were required to be erected at
common places along roadside or in the open space left by the
Government. The authorities seem
Court. The mode of calculating market
price in case of undeveloped plot versus
developed property was considered by the
court. Therein, the land situated ... consider the market value of the open
plot when we have sale instances of
developed plot. In 'Lal Chand' case
(supra), the land
part of
construction put up by the petitioner encroaches
over the common plot, then, the petitioner shall
take necessary corrective measures and remove
such construction ... construction put up
by the petitioner caused encroachment over the
common plot or not, and thereafter, take
Page 7 of 8
C/SCA/6800/2015
