site in the city of Bangalore was reserved as an open
space in an improvement scheme adopted under the City of
Bangalore Improvement ... Government in terms
of the new Act. In the scheme, the open space in question
had been reserved for a public park. However, pursuant
main thrust of the writ petitioners was to ensure "open spaces" for the
city and to provide the crying need of space ... garden/play ground or any other open user as in column
(3) of the above Table, open spaces, public amenities and
utilities for the lands
covered or uncovered spaces in the plot and lock-up garages.
(ii) Size of Parking Space.-The minimum sizes of parking spaces to be provided ... terraces" which are required to be kept open. It also makes it clear that open spaces are different from car parking spaces. Therefore
plan in which he has to set apart, among other things, open spaces for roads, parks etc. and open sites for other public utility services ... five colonies, in 1956, provides that open sites reserved for such public utility services (as distinguishable from open spaces earmarked for roads, parks etc.) shall
would also consist, inter alia, of two
basements and open space for parking beneath the towers. The third revised plan
also contained a requirement ... states that for buildings higher than 55 mtrs., 16 mtrs. open space must be left
in the sides and rear.. Since the height
under the
applicable master plan the suit land is reserved for `open
space' and residential houses cannot be constructed
thereupon and, therefore, the agreement ... said use and the lands thus
released shall be reserved for open space under Section 7(b)
of the Act as shown in the plan
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
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
