open space/ spaces meant for public park, garden, or children's play ground in a duly sanctioned scheme having statutory character. Reservation of open ... leave open space in front and back for lawn and fresh air. In 1984 the B.D. Act itself provided for reservation of not less
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
establishing the BDA. The
public interest in the reservation and preservation of open
spaces for parks and playgrounds cannot be sacrificed by leasing
or selling ... guaranteed rights a reality for all the citizens.
25. Reservation of open spaces for parks and playgrounds is
universally recognised as a legitimate exercise
Bubna submitted that since the plots were under
reservation for open space in the plan of Bhiwandi-Nizampur
Municipal Corporation, the Appellant is not entitled
following matters namely:-
(e) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets, green belts, dairies, transport facilities, public ... authority was to show the allotment or reservation of land for open spaces, gardens etc. The Supreme Court also took note of Rule
authority to acquire the land for open space for Surat Municipal Corporation; That the words "open space" are so vague and it does ... guaranteed rights a reality for all the citizens.
25. Reservation of open spaces for parks and playgrounds is universally recognized as a legitimate exercise
establishing the BDA. The public interest in the reservation and preservation of open spaces for parks and playgrounds cannot be sacrified by leasing or selling ... guaranteed rights a reality for all the citizens.
25. Reservation of open spaces for parks and play grounds is universally recognised as a legitimate exercise
access. An area of 19,250 square metres was shown as open space. After pleadings were amended, Defendant No. 9 has examined Umesh ... Defendant No. 10, DW-2 had stated that 15% reservation for open space which he had advised was on the basis of the guidelines formulated
Muddappa is apposite. (Paragraph 24).
"Protection of the environment, open spaces for recreation and fresh air, play grounds for childern, promenade for the residents ... citizens."
(emphasis supplied)
(At Paragraph 25)
"Reservation of open spaces for parks and play grounds is universally recognized as a legitimate exercise
namely--
(i) xxx xxx xxx
(ii) the allotment or reservation of lands for roads, open spaces,
gardens, recreation grounds, schools, markets and other public
purposes ... establishing the BDA. The public interest in the reservation and
preservation of open spaces for parks and playgrounds cannot be
sacrificed by leasing or selling
