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Mohamed Hashim   26 January 2018

Land Allocated for park

a land was alllocated for park in municipality layout. it was used as a playground for past 25 years. now municipality is trying to build a park there. can we get injunction restraining them?


I know this judgment AIR 1996 SC 253 : (1995) 5 SCC 762 (G.N.Khajuria (Dr) v. Delhi Development Authority). The Division Bench in the above referred judgment held that, "a portion of land reserved for public purpose in a layout or in a development plan or master plan approved by the Local Body cannot be used for any other purpose, than the one specified therein."

Still, is there any other chance?


Learning

 2 Replies

Ms.Usha Kapoor (CEO)     27 January 2018

tHAT WAY PARK ALSO FOR PUBLIC PURPOSE.lET THEmUNICIPAL aUTHORITIES CONVERT THIS PL;AY GROUND INT9O PARK.pARK ALSO SOMETIMES PROVIDE FOR PLAYING GAMES LIKE sHUTTLE bADMINTON. PIMGPONG ETC OR EVEN CRICKET.fOR mORNINGWALKERS PARK IS A BOON.

Ms.Usha Kapoor (CEO)     27 January 2018

If you wantplay ground only You can file perpetual injunction restraining the Municipality from converting the play ground as Park.


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