flat in the building and the stilt and 09 meters
open space on all four sides of the building is the common area ... sold to the flat-purchaser
and all open spaces, parking space, lobbies, staircase, terraces,
recreation spaces etc. will remain the property of the Developers until
kept reserved as 'Reserved Special Area' and for 'open space',
but no residential plots were carved out, out of the land ... land acquired from the respondent
Society is shown as 'open space' (in the Lay Out Plan (Map) of Model
Town Extension which means
plan on the ground that it was shown as an open space. Having permitted to construct residential
house, it cannot turn round and refuse ... plan for construction of residential
house in the property shown as open space in the approved layout approved by the
Director of Town Planning, vide
amount against common area, area
pertinent to the premises and open space surrounding the building. It
was also stated that he had also obtained occupancy ... submitted that portion of open land which was
handed over to the Municipal Corporation was never the part of open
space containing the Rose Garden
ground floor from first floor and kept it in the open
space and they were waiting for containers on 26/07/2005 ... were brought from first floor to ground floor and kept in open space. This is not covered by Marine Open Cover
(Cargo) Policy purchased
ground level due to which rain water gets
blocked in open space. Moreover lid of septic tank has been provided
of cement concrete instead ... been blocked by
cement as such waste water flows in open space and log there.
Complainant further averred that defects such as blockage of water
society to make utilize the area of car
parking from the open space as per bye-laws of the society. Therefore, no deficiency in service
that the same was not
lying inside the shop, but in the open. Location of risks as given in the
policy, no where says that ... open. It is a
matter of common knowledge that material like rod iron is normally not kept
inside the shop, but in the open space
aspect. As the culprits came in the factory premises from the open space and ran
away from that. No witness statement proves forcible entry
along with recreation club, swimming pool,
tennis court, open space for parks, overhead water tank, Tar roads, street
lights, avenue plantation etc. the complainant intended
