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Kumpatla Appa Rao vs Government Of Andhra Pradesh on 5 October, 2021 cites

Pt.Chet Ram Vashist vs Municipal Corporation Of Delhi on 26 October, 1994

The Apex Court makes it clear that reserving any site for any street, open space, park, school etc. in a layout plan is normally a public purpose as it is inherent in such reservation that it shall be used by the public in general. The effect of such reservation is that the owner ceases to be a legal owner of the land in question and he holds the land for the benefit of the society or the public in general. (Vide: "Pt.Chet Ram Vashist (dead) by L.Rs v. Municipal Corporation of Delhi8") In view of the judgment of the Apex Court, the State Government cannot have any jurisdiction to alter the character of the land reserved for public purpose.
Supreme Court of India Cites 11 - Cited by 116 - R M Sahai - Full Document

Municipal Corporation, Ludhiana & ... vs Balinder Bachan Singh (D) By Lrs. & ... on 28 April, 2004

The Apex Court highlighted the purpose of providing lung space, its importance and use in "Municipal Corporation, Ludhiana v. Balinder Bachan Singh (Dead) by Lrs10" and held that for every locality green spaces and green belts have to be provided to provide lung space to the residents of the locality. A provision for Green Park was made by the Municipal Corporation keeping in view the minimum requirement to provide open/green space to the residents of the locality.
Supreme Court of India Cites 2 - Cited by 11 - Full Document

Sri Devi Nagar Residences Welfare ... vs Subbathal on 12 April, 2007

The Apex Court in its latter judgment in "Sri Devi Nagar Residences Welfare Association v. Subbathal11" further clarified as to how the open space serves necessity to preserve and protect the same while observing that the open space in a residential area or in busy townships is treated as lung space of the area. It provides fresh air and refreshment to the persons in the neighbourhood. Its presence ameliorates the hazards of pollution and it has to be preserved and protected for the sustenance of the men around. It is 10 (2004) 5 SCC 182 11 2007 (3) LW 259 MSM,J wp_14705_2021 22 for the health and well- being of the inhabitants of the residential area. The same cannot be bartered for any other purpose.
Madras High Court Cites 6 - Cited by 35 - Full Document

M.I. Builders Pvt. Ltd vs Radhey Shyam Sahu And Others on 26 July, 1999

In view of the law declared in catena of perspective pronouncements (referred above) the site reserved for public purpose in the layout cannot be used for any other purpose and it is for the benefit of public i.e. for construction of school, temple, community hall and park etc. The intention of the State is to convert the land, reserved for public purpose, into house sites for allotment to the landless poor persons, depriving the residents of the layout to enjoy the amenities like school, temple, community hall and park for their use. If such conversion is permitted, the residents of the layout will lose not only their amenities and also right to enjoy clean and decent surroundings, sufficient light, pure air and water, electricity, sanitation and other civic amenities like roads etc., that too such conversion is impermissible under law as discussed above including the Andhra Pradesh Land Development (Layout and Sub-division) Rules, 2017, the Andhra Pradesh Panchayat Raj Act, 1994 and the Andhra Pradesh Town Planning Act, 1920. Therefore, the proposed allotment of land reserved for public purpose is totally in violation of law declared by the Apex Court, High Court of Andhra Pradesh and the law declared by the Madras High Court in various judgments (referred supra). Therefore, such conversion of land reserved for public purpose into house sites by the State depriving the residents 14 [1999]3SCR1066 MSM,J wp_14705_2021 24 of layout to enjoy the benefit in reservation of such plots for public use is a grave illegality and contrary to the provisions of enactments referred above.
Supreme Court of India Cites 77 - Cited by 432 - D P Wadhwa - Full Document
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