takes place. The open spaces so
created serve as long space to the city
benefiting the community at large. The open
space enable to make ... open space reserved become no man's
land without any care for its maintenance. If
the ownership of the open space reservation for
communal
concerned, a part
of the said land has been reserved as open space reservation
area with GREEN SHADE as per the Planning Permission rules ... been used for formation of residential plots, roads and open
space reservation area as could be witnessed in Sketch `B'.
10. The appellant further
129C]
4.2 The public interest in the reservation and preserva-
tion of open spaces for parks and play grounds cannot be
sacrificed by leasing ... Bihar., AIR 1988 SC 1782, re-
ferred to.
4.3 Reservation of open spaces for parks and play
grounds is universally recognised as a legitimate exercise
action under Section 6 of the
Karnataka Parks, Play-fields, and Open Space [Reservation
and Regulation] Act, 1985 and for other reliefs.
11. The learned
The State Of Himachal Pradesh vs Yogendra Mohan Sengupta on 11 January, 2024
Author: B
Fifty Thousand
Digitally signed by
CHETAN ARORA
Date: 2025.10.08
Only) towards Open Space Reservation charges was quashed and a
17:23:54 IST
Reason ... Rupees One
Crore Sixty Four Lakhs Fifty Thousand Only) as Open Space Reservation
charges (hereinafter referred to as “OSR”), calculated in lieu of land
specification of land uses, i.e., residential, industrial, agricultural,
etc., reservation for open spaces, gardens, etc., reservation and conservation
of areas of natural scenery ... open spaces, playgrounds, stadia,
zoological gardens, green belts, nature reserves, sanctuaries and
dairies;
d) Transport and communication;
e) Public utilities and amenities;
f) Reservation
removal of buildings, bridges and other
structures; allotment or reservation of land for open spaces,
gardens, recreation grounds, schools, markets, green-belts, dairies,
transport facilities ... bridges and other structures;
(ii-d) the allotment or reservation of land for open
spaces, gardens, recreation grounds, schools, markets,
green-belts, dairies, transport facilities
resolution dated
July 14, 1976, the Bangalore Development Authority allotted the open space
in favour of the appellant, a Medical Trust, for the purpose ... judgment, this Court further held that the
reservation of open spaces for parks and playgrounds are universally
recognised as a legitimate exercise of statutory power
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
