However, despite the lapse of 12 years of the gift, the
OSR area had not been developed into a park. The learned
Single Judge disposed ... other materials available on record
that in the OSR area, there is a katcha road,
which is said to have been laid by the
Corporation
Petitioner had surrendered the 'OSR Lands' to the
Local Authority and that it was misusing the OSR area even after
transfer ... OSR premises and the Petitioner inter alia replied as
under:
“7.There was a dilapidated factory
building structure in the OSR area which
was repaired
authority transfer the land? Can the local authority build on
the OSR area? The answer to all these questions is only in the
negative. Unlike ... case there is no requirement to execute a gift of OSR
area in terms of Pandit Chetram Vashishta 220 (supra), the project
proponent/owner would
decision to convert the land OSR
area into the plots, and the low lying areas were converted into OSR
area and the conversion has been ... lying area.
Hence the OSR areas on the road side was converted as
saleable area and to compensate the OSR the saleable plot
which
usual practice to insist upon the applicants to fence the OSR area which has easy access from the public road, if the location is approved ... access to the petitioner's property, if the OSR area is fenced and handed over to the respondent. Hence, the entire file was returned
unauthorised layout, formed prior to 31.12.1989; (iii) that the OSR area representing 10% of the parent site was not gifted or handed over ... Corporation; and (iv) that even if OSR area had been handed over to the Corporation, OSR charges are payable, if the layout is unapproved
layout as per the legal requirement, open space reservation area (OSR) land for
public purpose like Road, Drainage, Park, Playground etc. were provided. After
obtaining ... land is reserved in the layout and they
are holding the OSR land for the benefit of the public in general, and regularly
paying
Government to clarify whether the payment of the OSR charges in
lieu of reservation of OSR land is applicable to the said case and also ... allowed the appeal with a direction to reserve the required
OSR area and to regularise the unauthorised sub division. As per the School
Education Department
would be constructed for
the owners, each villa having a built up area of 3,000 sq.ft and 4800 sq.ft of
land ... certain areas regarding
interpretation of the respective entitlement of plots/ villas, OSR area and
extent of site were trashed out between the parties
only in the interpretation
of their respective allotments of
plots/villas/OSR area, extent of site, etc.
That is the reason why the Supplemental
Agreement
