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Dhiraj Khot (Student)     11 November 2014

Ownership of open spaces in private property

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.



 3 Replies

Advocate Ravinder (Advocate/Attorney)     11 November 2014

Once the layout of formed, it is deemed that the roads, parks, playgrounds and common spaces are all belong to Municipal Authorities/Government.  Documentary evidence is not necessary.  Municipal authority is the owner.  The Municipal authority has no authority to enter into rental agreement with illegal encroachers.  The rental agreement shown by the encroachers might be forged and fabricated one.  

 

If any person encroaching the open space, any plot owner can approach the Municipal authority and should give an application for removal.  If there is no action from the Municipal authority, the owner of the plot has to file a Writ Petition before the High Court making the encroacher and Municipal authority as respondents.  

 

Note:--You have not disclosed the facts properly. You was saying the layout is private layout.  What is mean by private layout.  Who has authorized the layout, whether Gram Panchayat, Municipality, Municipal Corporation etc.  Whether it is unauthorized layout.  Contact me for full clarification from me on ravinder2345@gmail.com or 7893011777, this time with full and clear facts.  

T. Kalaiselvan, Advocate (Advocate)     15 November 2014

the layout plan will clearly show the demarcation and also the details of flats, open spaces, common spaces etc.. The rental agreement may not be genuine, might have been fabricated for wrongful gain by the tenant in collusion with the owner. By the way who is the owner?, Is he the owner for the open space too?, If you are confirmed about the open space to be common space, consult and discuss with a local lawyer on all the issues with the help of the lay out plan and other relevant papers, write to the Municipal authorities about the illegal encroachment and seek relief accordingly.

Venugopal Reddy2   26 February 2021

There are two layouts one in the year 1986 and revised the same in 1990 now I am in possesion of one plot as per revised plan lay out it is legal or not suggest


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