plots. As per the guidelines of the
C.M.D.A., open areas were left for park in the approved layout
and all the plots ... association.
Thereafter, the promoter of the above layout handed over the
common open areas meant for the park to the 2nd respondent for
development
Chennai] before this Court, the
Learned Single Judge, while passing the Common Order on
30.08.2013, at paragraph 4, had referred to the communication
dated ... communication shows that the road abutting the
Petitioners' plot is not encroached and kept open with compound
wall and gate on the eastern side
wherein C.P.No.1,
Plot No.320 was allotted as Open Space Reservation Area(OSR
area). The said plots were unsold till ... petition, to accommodate some
influential persons, Plot No.320, which was originally classified and
approved as 'Common Property' to be used for common
front portion of the plot No.51.
In the year 1982, she attempted to put up construction in the common
passage claiming that ... consent letter given by Thaiyanayaki Ammal for
transfer of plot, the Society has registered the plot bearing No.51 to an extent
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plots and 4 shops were
located and vacant sites, earmarked for Park [26428
sq.ft], Children's playground [4440 sq.ft] and open space ... dated 16.10.1986, wherein, 48 housing plots,
4 shops and vacant sites, earmarked for Park, Children's
playground and open space were allotted. The Srirangam
common pathway including the said Paramasamy Thevar and the
present plaintiffs. The common pathway cannot be a subject matter of any
encumbrance. The common pathway ... common pathway. Likewise the residents of the houses on the 2nd
defendant's plot have also used the same pathway. So the common pathway
common pathway including the said Paramasamy Thevar and the
present plaintiffs. The common pathway cannot be a subject matter of any
encumbrance. The common pathway ... common pathway. Likewise the residents of the houses on the 2nd
defendant's plot have also used the same pathway. So the common pathway
have formed a lay out so that all the
plot owners who have purchased the plots on the northern side
and southern side ... enjoyment of pathway and the reservation of
common passage for the benefit of all the plot owners. In such
circumstances, this Curt is unable
protect the
vacant sites earmarked for public utility open areas as referred in the Revised
Approved Layout Plan ... have been unauthorizedly occupying sites, which have been
reserved for public utility open areas. Therefore, they prayed for action to be
initiated by the promoter
layout
earmarked for shops and recreation facilities, etc., into housing plots
and allotted to few persons, like the petitioner. However, the resolution
to allot vacant ... play ground
3
and open space, was sought to be converted by the petitioner and the
similar persons into housing plots, despite the resolution
