whether called as pathway between two plots or styled as open
space between two plots, is a common amenity meant for the
benefit ... appropriate such common amenities, common pathways or
common open spaces for individual and private use of the
members or the plot allottees then, health hazards
whether called as pathway between two plots or styled as open
space between two plots, is a common amenity meant for the
benefit ... appropriate such common amenities, common pathways or
common open spaces for individual and private use of the
members or the plot allottees then, health hazards
plot. Plot No.3 has been allotted smaller
share because the frontal part is made open by proposing to
use the plot for common facilities ... common" and open
which can be used as space for common water reservoir
putting a concrete slab thereon. This will make the plot
obvious that when the open space is to be used exclusively for the
common use of plot holders, Shirdi Nagar Panchayat cannot
construct structures ... plot
holders and not for the general public.
31. Even the plot holders have no right to use open space and
amenity space
open land between these two plots does not hold any
merits. The appellate tribunal has rightly held that there was no
open land/common land ... aforesaid plots and open space, was left for plot no. 5 only
which may be due to wrong measurement while carving out
aforesaid plots
obvious that when the open space is to be used exclusively for the
common use of plot holders, Shirdi Nagar Panchayat cannot
construct structures ... plot
holders and not for the general public.
31. Even the plot holders have no right to use open space and
amenity space
sharing expenses in
future would be continued (v) That it will be
open for Shri Devikrishan to get his name
added with ... open
plot on back side, on ground floor of the
bungalow belongs to both the members of first
party in equal share and open plot
petitioner was in
the open plot whereas the plaintiff's case was that the
construction was in the common plot of the society. Before ... fact the construction
was not carried out in the common plot but it was an open
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open plot and Rs.74,059/- for
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FA 939/07 2 Common ... rate of Rs.200/- per square meter for the open plot and has granted
Rs.1,50,000/- for the constructed portion. Hence, this appeal
towards the plot of the plaintiff. It is
contended that the defendants are illegally opening ventilators and big
opening towards the plot of the plaintiff ... said ventilators/ windows have been opened
towards common passage and not opened towards the private passage
of the plot of the plaintiff. It is contended
