open spaces under the
Town Planning Act cannot be understood because in a common cluster
development, there would not be any open space left ... common facilities in favour of any specific society because open spaces
etc., have been maintained taking into consideration total area of the plot
January, 2005
for transferring complete rights in respect of common areas, open spaces,
terraces and common facilities, so also for conferring absolute and
marketable right ... common areas in relation
to each flat does not extend by any stretch of imagination to surrounding
open space from the Plot
backside of Plot No.B-7 or that the godown had the opening
towards both these plots and godown was common on the backside ... particularly when
plot No.B-6 has a separate opening on the road and plot No.B-7 has a separate
opening on the road
directed
to allow the Complainant to use open space of the plot and parking area and
other common areas and claimed compensation ... marginal utilization of the
plot for commercial purpose and constructed elevated platform in common
areas of the building. But, he has
asserted that Complainant
bungalows
and the plot-owners and all other unit holders have right to use common
areas, facilities and open spaces.
[4] During
the pendency ... perusal of the sanctioned plans, it is
seen that the open spaces and common amenities areas have been allotted as
per Building & Control Rules
Edward Sheelam
Aged about 34 years, occ :
service
R/o Plot no. 504, Archana Aparments,
Golconda X roads,
Hyderabad , rep. by her GPA holder ... Appellants No. 1
and 2 are owners and possessors of open plots bearing nos. 92 and 93 admeasuring 974 sq. yards comprised
in survey
members
open plots, dwelling units or commercial units (whether
in a multi-storeyed building or otherwise) and in case
where open plots or dwelling units ... already
acquired, to provide its members common amenities
and services including services relating to the
arrangement of finances facilitating construction of
dwelling units in order
allotted plot no.12 and
the appellant purchased the same and applied to respondent no.1 for transfer
of the plot in the name ... open place of about 70 feet width was left in front of the plot no.12 and its
adjoining plots, for common
common areas of
the layout described in Schedule IV A and IV B have hereunder agreed to
convey the open spaces being
1. Open Space ... undertaking to share & permit the use of the aforementioned common open
spaces, amenity space more particularly described in the schedule
mtrs. house property
bearing plot No.104/Open/2/72, House bearing No.2-2-7/5/B admeasuring ... mtrs. house property
bearing plot No.104/Open/2/72, House bearing No.2-2-7/5/B, admeasuring
