defendant has no independent right over plaint C
schedule common space. Thereafter, the 1st defendant has
attempted to make some more constructions in plaint ... compound wall separating the common
road and the property of the 1st defendant. Plaint C schedule
is not a common space, whereas, it forms part
space to be used for parking and for other
common purposes. The said common space has been
captured by accused and his family members ... been planting plants and
trees in the common area. He has admitted that common
space area is to be used by the concerned dwellers
registered, the building as well
as the stilt parking spaces, open spaces and all
common amenities become the property of the
Society.
7 The stilt ... common areas and facilities
appurtenant to the premises, the nature extent and
description of the common/limited common areas and
facilities/limited common areas
hereunder the observations of the court with regard to the
parking space; common utility area; sanctioned building plan as well as
impact on safety ... Underlining by us)
50. That obstruction by parking in a common space could have disastrous
consequences, is best illustrated by the Uphaar tragedy. This
authority,
the areas of residential unit as well as of the common
spaces and common buildings are specified and super
area cannot change until there ... should provide a comparison of the
areas of the original approved common spaces and the
flats with finally approved common spaces/buildings
and the flats
adjoining open space in the ground floor of the
building was sanctioned as the garage space and common space. That being
so, the same ... garage space. Nevertheless, they could not deny
the fact that even if not the garage space, the room was built over the
common space
developer is mandatorily required to convey ground coverage,
plinth area, open spaces, common amenities and roads as
undivided share. Respondent Nos.1 and 2 opposed ... common easements and
common facilities. It requires that the deemed conveyance order
and certificate clearly record that the applicant society has
undivided rights in common
certain rights/interest in
an immovable property such as the open spaces/common
area/facilities which were claimed by the plaintiff in the
present suit ... spaces which were claimed in the suit. The spaces
which were claimed in the suit were not common spaces or
areas as contemplated under
open space toward house No. A/24
This is an open space measuring about 80 ft X 10 Ft. It is
common ... statement of Assistant Engineer MCD.
19. By common portion as alleged by plaintiff, it means the common space
between the front portion and back portion
sanctioned plans is effected and also envisage that the
percentage of undivided common interest of the owners of the flats cannot be
changed without their ... height of
blocks. For building height up to 18 mts., the spacing shall be
increased by 1 metre for every addition of 3 mtrs
