Granting of permission by corporation for change in layout by considering an ownership ofstakeholder
(1) We had purchased a plot of area 171.24 Sq.Mtr & Varade Padta rasta's area as 41.89 Sq.Mtr, so Total Area 213.10 Sq. Mtr. duly entering in to registered sale deed by paying necessary stamp duty to the government during the year 1994.
(2) The subject plot was purchased with 4 sides boundary wall of height 2.5 Feet from the builder.
(3) Then the construction of 4 BHK Duplex was carried out by obtaining due permission from Vadodara Mahanagar Sevasadan then after also obtained plinth check certificate from competent authority of VMSS & finally the usage of building was started upon obtaining of Occupation certificate from the competent authority of VMSS during the year 2000.
(4) We had purchased the subject Plot from the builder of society Sugam Park-2, Which is comprising of totally 45 Plots. The society is not at all registered till now.
(5) Since the year 2000 we were living a life peacefully with our family together with all other 44 stakeholder of the society. However, During the year 2017 one of the house out of 45 has been sold by the owner & then the new owner had initiated the matter of common plot with the VMSS.
(6) The VMSS had also issued a notice to us to remove the compound wall which falls under common plot. Upon getting notice from VMSS we investigated the whole matter & analyzed as under.
(a) The builder had made 2 Layout, in initial lay out they had shown common plot in east corner & then later on revised the layout with common plot in center of society.
(b) Also, As Per revised layout , wherein he had considered common plot in center of the society, he had devided the common plot in 12 plots .
(c) out of 12 plots, he had made the Dastavej with 6 Holders duly mentioning the area of common plot sold in dastavej of respective stakeholder & in other 6 dastavej without mentioning the area of common plot, as in our case.
(d) Also, Out of totally 45 Stakeholder of the society, He had taken a consent of selling of common plot as per his wish from the remaining 33 stakeholders by putting the subject Terms in their Registered sale deed. Accordingly, Right from the begining of establishment of society i.e. from 1995 the common plot was only on Paper & none of society member had even seen the common plot as passed by VMSS in revised layout.
(e) Also, The builder had mentioned the first Rajjachitthi in a dastavej of all 45 Stakeholders & in no way the reference of revised Rajjachitthi is being mentioned in anybody's dastavej.
(f) so, We can say so called revised Rajachitthi is just between Builder & VMSS.
(g) We seek your advise to proceed further in our case.
(h) Can we request VMSS to change layout by considering our exclusive ownership by way of Registered sale deed as well as adverse possession in view of ownership of almost 30 years.