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Construction in open space

This query is : Resolved 
 

Online (Querist)
27 October 2020

Respected sir/madam

I am a Badminton coach from Pune

There is a housing society near where I live with an unused & abandoned open ground

When I approached the Chairman for taking the ground on a lease to build a badminton complex on it, I was told that according to law, 20% of total society area must be left without any construction, for playing purposes.
Now since badminton can be categorized as "playing", Can we build a temporary tin/steel shed i.e. non-concrete construction on such a space? If no, can the corporation be approached for permission?


thank you


Isaac GabrielOnline (Expert)
27 October 2020

The society bylaw provides open space for playing/ puvblic purposes.Nothing wrong in allowing this place badminton ie for use fo playing .

SHIRISH PAWAR, 7738990900Online (Expert)
27 October 2020

Hello,

Society can allow you only as per the sanction plan. The ground may be open space for playing purposes as per sanction plan. So society cannot allow you to make construction however you can use it for playing purpose.

Advocate Bhartesh goyalOnline (Expert)
27 October 2020

You can't make constructions on open land against the bye laws of society and sanctioned plan however you can use the open land for playing badminton or any other game.

Rajendra K Goyal Online (Expert)
27 October 2020

Agree with the expert Advocate Bhartesh goyal.

Hemant AgarwalOnline (Expert)
27 October 2020

1. Society CANNOT give its Land to private individuals for constructing ANYTHING, whatsoever, without any exceptions. This would be a violation and a prosecutable offence.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

kavksatyanarayanaOnline (Expert)
27 October 2020

As per your query, you are not residing in that housing society? Then society cannot give you the site for playing purpose. It is a violation of bylaws.

K RajasekharanOnline (Expert)
28 October 2020

The query, which is repeated here for the second time, is built upon improper understanding of the facts and laws, and hence wholly misconceived, as said above.

The land is not an open land in the sense open to public with unobstructed entrance and exit but it is a closed land meant for the use of the society or specifically for the inmates of the society.

It is not an unused land though it may look like an unused one. Its use is to keep it open for playing for the people belonging to the society. Whether they use it regularly or not at all, is immaterial. Keeping it for the purpose playing itself is its use which the statute prescribes. Hence it is a used land.

Since the vacant land belongs to the society, no person, unsupported by law, has any right to do anything whatsoever in the land without due permission of the society.

The society, despite being willing, cannot give permission to an outsider for any sports purposes, as it should be kept as a play ground for unfettered use of the inmates. It is a private right of an inmate to use it or not to use it for playing, which no outsider has any right to indulge in.

In short, it is a private space of some private individuals organised into a society on which no outsider has any say at all.

Rajendra K Goyal Online (Expert)
28 October 2020

Repeated query:
https://www.lawyersclubindia.com/experts/construction-in-open-space-723616.asp

https://www.lawyersclubindia.com/experts/tin-shed-construction-723641.asp

Dr J C VashistaOnline (Expert)
30 October 2020

Repetition of same story shall not be responded.
If you are dissatisfied with obligation of experts it would be better to contact and consult a local prudent lawyer with relevant documents for professional advise and proceeding.

Hemant AgarwalOnline (Expert)
30 October 2020

REPEATED QUERY:
1. Some people abuse this legal forum, just because it is FREE. Hence repeated query for the same topic is a time pass for them.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com



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