roads and open space
SB
(Querist) 20 December 2010
This query is : Resolved
-> if one single party buys all the residential plots in a sanctioned layout (thru registered sale deed )
1) what happens to the status of the internal roads and open space ie who will be the owner of the same ? govt or buyer
2) will it still be mandatory for the owner to make them exist when there are no other occupant?
3) if still mandatory - can these be relocated as per the requirement of single owner
4) are there any court precedence for such matter?
thanks
s.subramanian
(Expert) 20 December 2010
The lay out has to be maintained as per the sanction of the local authority. It cannot be latered on any ground. The open space allotted for common purpose has to be kept apart.
Y V Vishweshwar Rao
(Expert) 20 December 2010
In AP - In a Lay out a total area of 10 % should be kept as open place and 30 % should be kept as Roads area and 60 % will be allowed/Taken as Plotted area - subject the confirmation of Lay Out Rules .
On Approval of Lay out the Roads and Open places have to be transfered by Regd Gift Deed , free of costs , in favour of UDA / Municipality/ Lay Out approval Authority and the Roads and Open Places will be owned /under Custody / maintained by the said Local Authority
If all the plots are purchased by One single Owner/person . He can not disturb the percentage of the 10 , 30 & 60 % respectively referred above . At the most he can apply for re- lay out / according to the needs of the Party - subject to the approval of the Local Body /Approving Authority.- it may be approved or not according to the consideration of the UDA / Local Body
SB
(Querist) 21 December 2010
Sincere thanks to fair reply,
further to initial query, since one owns the 100% plots can he apply for industrial conversion of the layout and if yes, can he include the area under road and open space in the application for conversion since it won't remain a residential layout as setback or conversion norms are different for residential and industrial conversion.
Secondly can the single owner apply for cancellation of layout and amalgation of total land?
Y V Vishweshwar Rao
(Expert) 21 December 2010
If the entire lay out plots are purchased by the Single person or a company - they can apply for conversion of the usage from Residential to Industrial usage - subject to lay Out/Industrial LP Rules as applicable for industrial Lay outs and it is subject to approval of the Local Body as per the situation of local Area land usage. If required any existing master plan usage also required to be amended accordingly !
Y V Vishweshwar Rao
(Expert) 21 December 2010
The entire land with all plots - roads , open places can be shown as New Lay Out plan for industrial Lay out - the 100 % Plots purchaser is the owner of all plots with right to use the Roads and Open Places in the lay out - The situation of Roads / Open Places / is being sought to be re-aligned as per the Industrial Lay Out Rules .The Local Body may consider the same.
SB
(Querist) 22 December 2010
Sincere thanks Mr. V. Rao for your promptness and clarity. One last query- is there any legal citation / order in this regard.
thanks one again to you and all
regards
SB
