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.