land of the colony, including all open plots that were meant to be kept
open as “vacant space”, were transferred in favour of the petitioner ... under
a registered deed dated 16th November, 1977. Such open spaces, according to
the petitioner, included a piece of land measuring about 19250 sq.mtrs
Respondent No. 2
to make the allotment of designated Open Space, Plot Nos. 8 and 9, in its
4
favour. The user of land ... changed from open space to Industrial Area
vide resolution dated 10.2.2006 and plot was renumbered as 126, instead of
Open Space
sanction the plan for building
activities with condition that the open space for parks and
schools be transferred to the Corporation free of cost ... colony into 98 residential plots and 7 shops plots. Some
open space was reserved for children park. The plan was
approved by the Corporation
street" includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not, over which the public have a right
street” includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not, to which the public have access
Chief Inspector, communicate with any work room except through an intervening open space or ventilated passage; (d) all such accommodation shall be maintained
persons inter alia engaged
in protection and rightful use of public open spaces in
Mumbai. The second and the third petitioners are the
convenor ... Greater Mumbai Municipal Corporation (respondent no.3) from
legitimizing encroachments of open spaces in Mumbai.
Accordingly, it was prayed that sanctions/approvals granted to
proposals
persons inter alia engaged
in protection and rightful use of public open spaces in
Mumbai. The second and the third petitioners are the
convenor ... Greater Mumbai Municipal Corporation (respondent no.3) from
legitimizing encroachments of open spaces in Mumbai.
Accordingly, it was prayed that sanctions/approvals granted to
proposals
streets included in the scheme; (j) the provision of open parks, playing fields and open spaces for the benefit of any area comprised ... rehabilitation scheme for providing such number of open plots with roads streets and open spaces as may be necessary. 44. City or town or village
right to the free passage of light or air to an open space of ground; (c) a right to surface-water not flowing
