issue
pertains to setting up of water distribution station in common open
plot of Gujarat Housing Board, Chandkheda. From the pleadings it
appears that originally ... allotment of land on
11.02.2013 which came to be acceded for common open plot (COP)
on 24.04.2013. The Water Supply Sewerag Committee and
Municipal Board
6881/2022 ORDER DATED: 29/06/2022
may be kept open.
7. This application is vehemently opposed by learned Additional Public
Prosecutor Mr. Ronak Raval ... Prohibition) Act , alleges illegal construction by the present
applicant, on the common open plot, whereas as of now it appears,
that there is no illegal
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
plots have been
given specific plot numbers, whereas the areas which have been
earmarked as open spaces meant for common
purposes/amenities have not been ... having purchased the
plots, the legitimate expectation was that the plots, which have
been shown as earmarked for open spaces or common
amenities, will
been constructed on subject plot A which is almost
touching the common boundary between plot A and plot B on the
northern and western sides ... North and West along with the
common boundaries between subject plot A and plot B. For creating
this open space, the existing portion for podium
written statement that if any construction is permitted,
common plot in question be kept open for the cultural activities in
the interest of general public
also from crating third
party interest in relation of the common areas, open
spaces, civic and other facilities within the Ferns City
Layout ... existence in the layout, but it is only
an open space meant for common use where the
members of the Plaintiff Association are parking their
that there is open space between the plot of the plaintiff and the
defendant No. 1 which is used as common passage for ingress ... admitted that the same relates to plot bearing
khasra no.360 and the common passage is on this plot only. He further
deposed that
towards the area to be used
for roads, drains, and common facilities
like park, open space, etc. Thereafter,
further deduction will have to be made ... plots should be the
basis, appropriate deductions will have to
be made therefrom towards the area to be
used for roads, drains and common
facilities
plots are located in one corner. In fact, Plot
No.42 has opening towards North and East, whereas, Plot
No.57 has opening towards ... other
words, the Eastern boundary of Plot No.42 and the
Western boundary of Plot No.57 is common.
5) Fifthly, the manner in which
