front marginal space is 3 Mtrs, side marginal
space and rear marginal space is 6 Mtrs and side marginal space at open
space ... Open Space as per CC 3020/07 dated
space, in spite of the variation 04.01.2008 are as follows:
in dimensions (if any), more
Open Space
Area in Acres)
1986 550.000 Original Plan showing provision
of parks, open space etc.
1989 453.450 Part of Green Area, Parks,
Open Space wiped ... Part of Green Area, Parks,
Open Space further wiped out
1993 512.000 Part of Green Area, Parks,
Open Space further wiped out
1995 580.000 Part
having been
aggrieved by the illegal/ unlawful industrial encroachments on the open
spaces by constructing illegal, unregulated, unsystematic and dangerous
boiler plants, extended chemical processing ... only polluting industries, but have also illegally
and unlawfully encroached upon open spaces in the industrial area. It is
further mentioned that on 09th January
been treated and registered as original application,
complaining about concretization of open spaces, on the pretext of
parking area requirements, and road-sides ... rarely see a patch of open
land. Due to lack of the cleaning department the open spaces
are not cleaned for years and they turn
percentage of area of a colony under roads, open spaces etc. is
required to be not less than 45% of the gross area ... reproduced as
under:-
"4. Percentage of area under roads, open space etc. in
layout plans [Sections
parties in this case is with respect to use of substantial open space surrounding the Building in question. It is averred that the Petitioners/Complainants ... have been prevented from using and enjoying the aforesaid open space as the Respondent No. 1 has covered the open space by erecting iron grill
prescribed under rule-58".
Rule-58.
"(I) Projection into open spaces-Every open
space provided either interior or exterior shall be
kept free ... height
of the storey immediately below:-
However, these projections into open spaces shall
not reduce the minimum required open front, rear
or side spaces
Apartment Ownership Act which define "open space" and "parking space" "limited open area". Parking space is defined ... prospective allottees that a part of the open area shall be allotted and charged as open parking space, the grievance about such charge cannot subsequently
Respondents to cancel all the building permissions issued in open
space/parks/amenities areas of the Sri Ram Nagar Colony, Puppalaguda
Village, Ranga Reddy District ... charges with 33.3%
Page 7 of 23
compounding fee and 14% open space charges duly taking into
consideration of registration value as on the date
flat in the building and the stilt and 09 meters
open space on all four sides of the building is the common area ... sold to the flat-purchaser
and all open spaces, parking space, lobbies, staircase, terraces,
recreation spaces etc. will remain the property of the Developers until
