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26 WP-2486-18 & 3805-18 J

24. Clause 13.3.2 clearly lays down that the open space shall be used for the purpose of common use of all the residents or occupants of the layout/building unit. Sub clause (b) of clause 13.3.2 authorizes the authority to take over the land of recreational open space if convinced that there is misuse of the same. The possession/custody shall remain with the Chief Officer until society is formed. The recreational open space shall not be sold to any other person and it shall not be put to any other user except for the common use of residents/occupants. Clause 13.3.8 Sub-Rule (1) (2) and (4) provide for the purpose of construction of pavilion, gymnasia or club house or vipashyana and yoga centre or crèche or kindergarten or library or water tank, health centre and construction of swimming pool thereon, but the same can be done if the owner or owners society of the plots make a proposal to that effect. It is obvious that when the open space is to be used exclusively for the common use of plot holders, Shirdi Nagar Panchayat cannot construct structures or swimming pool on the same for the common use of the general public.