While constructing the said apartment
complex, the developer has reserved an Open Space Reservation land as per the
Development Control Rules. A natural spring ... water source is available in the
said Open Space Reservation land and the same had never gone dry.
1.1. While so, the Government had proposed
declared as restricted area for
construction and it is a open space reservation area. There is an electricity
board transformer is in existence and there ... counter affidavit that the land reserved
for public purpose as open space reservation has been earmarked as per
Section 49 of the Tamil Nadu Town
regularisation, an extent of 3224.64 square metres was reserved as
Open Space Reservation (OSR).
4. Heard the learned counsel appearing on either side ... clause (II), for the expression "The
reservation of land for Open Space
Reservation shall be provided by
amalgamating or altering the unsold plots
Petition No.13976 of 2026
the said land only as Park/Open Space Reservation in accordance with DTCP
approval in Na.Ka.No.12920/2018 ... direction to the
respondents to strictly maintain the Park/Open Space Reservation in accordance
with DTCP approval dated 10.08.2018 in respect of the property more
considering the
fact that for a land to be earmarked as Open Space Reservation
area for public purposes, it ought to have been carried ... learned Single
Judge that the land was reserved for open space reservation is
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cannot be permitted to partake of the benefits flowing
from the open space reservation. For instance, if adjoining the
site and as indicated ... State of Bihar,
MANU/SC/0572/1988 : AIR1988SC1782.
25. Reservation of open spaces for parks and
play grounds is universally recognised as a
legitimate exercise
would be sufficient if areas reserved as
open space like parks, play fields, children play space alone need
be handed over to the Executive authority ... alienate.
39. The land which is earmarked and reserved as Open Space Reservation
area was not even 10% of the total area and the plaintiffs
Collectors to allot open Government
land for certain public purposes. The said Circular also specifically
recognized the necessity of earmarking open spaces within
Colonies ... used for the SR
area since it is non-buildable open space reservation. It is
submitted that Regulation 17(3)(D)(a)(2)(ii) would
Collectors to allot open Government
land for certain public purposes. The said Circular also specifically
recognized the necessity of earmarking open spaces within
Colonies ... used for the SR
area since it is non-buildable open space reservation. It is
submitted that Regulation 17(3)(D)(a)(2)(ii) would
recreational purposes of the residents represented
by the petitioner. The reservation of open space for parks and
playgrounds is universally recognised as a legitimate exercise ... Nagar Colony Welfare
Committee (supra), it was observed that the reservation of open
spaces for parks and playgrounds is universally recognised as a
legitimate exercise
