Municipality's rights to remove encroachment in open spaces sanctioned in private layout
Dhiraj Khot
(Querist) 11 November 2014
This query is : Resolved
Here is a brief:
There is an Open Space which was earmarked as Open Space in a Private Layout. While the Open Space was marked in layout and approved, there is no documentary evidence to show that it was transferred to the Municipality. Some persons are encroaching this Open Space by showing rent agreements with the owner. Here is question regarding law:
Who is the owner of the Open Space? In absence of a documentary evidence to show that Open Space was actually transferred to Municipality, in which cases can Municipality be deemed to say that Municipality is the owner of the Open Space and has right to remove encroachment.
Any relevant case laws?
Additional Facts: The Open Space is in Maharashtra and the layout was passed in 1960 which is before the Maharashtra Regional Town Planning Act came into existence.
Isaac Gabriel
(Expert) 11 November 2014
It is not uncommon to sell the plots reserving the right of the open space/public space with the land lord.Later,after improvement it is sold at huge rates giving different nomanclature.Unless these places are handed over to the local body through documents,the hue and cry of the plot owners pointing out the mentioning as such in their documents will not work out.It is the bounden duth of the plot owners to ensure that the public places are duly handed over to the local body.In the case given by you,you need to move the court and seek remedy.
ajay sethi
(Expert) 11 November 2014
muncipal corporation has to acquire land reserved for recreational ground from pvt owner .
ajay sethi
(Expert) 11 November 2014
muncipal corporation is not the owner of said plot of land . if it fails to acquire plot within specific period reservation lapses
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 November 2014
Who is the owner of the Open Space? In absence of a documentary evidence to show that Open Space was actually transferred to Municipality, in which cases can Municipality be deemed to say that Municipality is the owner of the Open Space and has right to remove encroachment.
Any relevant case laws?
Additional Facts: The Open Space is in Maharashtra and the layout was passed in 1960 which is before the Maharashtra Regional Town Planning Act came into existence.
1] Take 7/12 extract, CTS No., Polot No.
from relevant Revenue Authority
2] Report to BMC for encroachment/unauthrozed occupation by strangers
BMC will swing into action if land is transferred to them or TPS/RG
Advocate. Arunagiri
(Expert) 14 November 2014
If it is marked as a open space, this space would have been transfered to Municipality at the time of getting the lay out approval. Other wise they can not get the approval.
So, you can inform the municipality along with proofs, for suitable action.
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
I agree with the experts views and opinion on the subject. You may visit the previous thread where you have repeated the same query to see my opinion.
