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
immediate neighbour. It is claimed that there
is a common space infront of defendant's house meant for
common use for property bearing ... site plan,
attached with the counter claim. The said common space is a
government/municipal land and no one has got any
independent right upon
plaintiff has no independent and exclusive rights to
use the open/common space outside property No. BÂ9/345, SectorÂ3,
Rohini, Delhi ... shows the open space infront of his house
and the said open space is common space. The said space is used
by the occupants
permission or authorisation, had done some work on the
terrace/open common space area and started a commercial venture under
the name and style ... that
on account of the unauthorised construction put up on the common
space/area, coupled with the fact that unauthorised using of the
residential building
below-
Fourth Floor- This floor consists of 4 rooms with one
common kitchen space and one common bathroom in
which two rooms are found vacant ... anyone.
Third Floor- This floor consists of 5 rooms with one
common kitchen space and one common bathroom in
which three rooms are found vacant
document to
show that he is the exclusive owner of the common space of the suit
property of which he is claiming ... argued by the Ld. Counsel for the defendant that the common
space in the suit property is not the exclusive property of anyone
wall as enumerated in the policy. Lift is being installed in a common
area in the society and not on a public land. Respondent ... common
area of the society. The dispute among the petitioners and the private
respondents relates to common area/common space within the premises
spaces are different than the
provisions for recreational space the Regulations 13.3.1 deals with
recreational open spaces and clause 13.3.11 deals with amenities
space ... reservations for
amenity space under Rule 13.3.11.
36. Clause 2.9 provides that amenity space means statutory
space kept in any layout to be used
their own and have lodged rival claims regarding the
common space. It has been the allegation of the plaintiff that the
defendant has demolished ... construction and has raised new
construction while encroaching upon 2 feet common land.
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Authority with due regard to internal approach roads,
marginal open spaces common plot, water supply, drainage, and internal road lighting.
c. Where the land ... Project which
necessitated higher margins and, therefore, the common plot and the common facilities (club house,
swimming pool etc.) had to be kept on that
