Acts of different States require
even private house owners to leave open space in front and
back for lawn and fresh ... prohibited under Section 38-A of the Act. Absence of open
space and public park, in present day when urbanisation is
on increase, rural exodus
years. It is stated that taking advantage of its classification of Open Space and Recreational Area, they have now decided to locate the car park ... families. It is contended by the petitioner with the depletion of open spaces in the City, due to construction of multi storeyed buildings, most
open space in a residential area or in busy townships is treated as a lung space of the area. Where open space is preserved ... disputed that Open Space Reserve is treated as lung space.
18. The Apex Court has categorically held that where open space is preserved and earmarked
said proceedings, the second respondent was required to set apart open space in the layout for the purpose of park, children's playground, library ... Cooperative Nagar Housing Society consisting of 318 housing plots, besides allotting open space as required under clause 16 of the first respondent's proceedings
streets, roads, squares, houses, buildings for religious and charitable purposes, open spaces, gardens, recreation grounds, schools, markets, shops, factories, hospitals, dispensaries, public buildings and public ... appropriated and the provision and maintenance of sufficient open spaces about buildings;
(o) the advance to the owners of land or buildings comprised within
while considering whether it is
open to the Government to convert a open space, which is
reserved for a park for the general good ... Supreme
Court held as follows:
25. Reservation of open spaces for parks and
playgrounds is universally recognised as a legitimate
exercise of statutory power rationally
constructing
houses by obtaining proper approval from the 3rd respondent. The open
space in a residential area, is treated as lung space of the area ... that Open Space Reserve is treated as lung space.
18. The Apex Court has categorically held that where
open space is preserved and earmarked
sides of the building in the matter of leaving open space were marginal and a plot having an extent of 4,300 sq.ft. cannot ... width of the street as well as the extent of open space between the street and the building. So calculated, the limit permitted under
play ground will not arise. On the other hand, the open space was only becoming a nuisuance and used by antisocial elements. The Society after ... cent of the lay out area have to be kept as open space for public purpose. The approved lay out plan cannot be interfered with
Maduri City Municipal Corporation proposes to lease out the roadside open space to the individual vendors, recording the undertaking given before this Court ... plan to lease out or to give license for the open space area of the two streets, the said Writ Petition was disposed
