take into account Section 45 of the Act while
reserving the common open plot of the Survya Kiran
Society and under such circumstances the final ... terms of
Section 45 of the Act and thus the common open plot
could not have been reserved for commercial sale, as
indicated
kept open for margin, road, or for distance
between the road and building, or for internal road or for
common open plot etc. After coming ... accordingly.
All other regulations pertaining to margin land, internal street
roads, common open plot etc. would also be applicable on
remaining 60% land.
In pursuance
Survey No.139/48, Municipal Census
No.16/48, which is Final Plot No.2 in the Town
Planning Scheme No.9 and that ... encroachment requiring
the authorities to take steps for such removal on
common open plot earmarked for parking and common use.
This Court dismissed the petition
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
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
land in which the common plots were
combined from three to two common plots and total open
area available under such common plots was reduced ... reconstitution of plots. That being the position, it became
necessary to reconstitute the common plots by eliminating
small portions of common plot which survived
question which has been purchased by the petitioner
was a common open plot of the society and therefore
they have no right to dispose ... petitioner
has also purchased it knowing fully well that it was
open common plot. Mr. Purohit denies the same.
2. Hence notice returnable
common plot of 5%
of the total area for the purpose of the development. The plots
were made including the common plot ... plot
admeasuring 4619 sq. yards and out of this common plot
admeasuring 4616 sq. yards was considered as a common plot
provided for the plotting
Page 6 of 16
C/SCA/13412/2013 ORDER
open for common utility like common plots, internal roads, approach
roads etc. Therefore, about ... meters of land
was kept open for common amenities like common plot, approach roads,
internal roads, etc. and the remaining land is the ownership
common plot" as contained
in the General Development Control Regulations of JADA, a
common plot shall mean a common open space exclusive of
margins ... unit. The owner shall have to give an
undertaking that the common plot shall be for the common use
of all the residents and occupants
