Reserved Plots For Open Space/Gardens Can't Be Used For Construction Purpose
- by Aditi-Harshraj
- May 07, 2020 18:24
Gardens / Open spaces are the lungs of the city which gives relief to the people from their busy and exhausting day. It is essential for their mental and physical well beings. But most of the developing cities in India don't have the required open space per person. As per the World Health Organisation (WHO) 9 square metre is the minimum requirement of every person. In Mumbai, less than 2 sq Mrs of open space is available per person and still, construction is going on. Anjum E Shiite Ali v. Gulmohar Area Societies Welfare ( 19 April 2020 ) The subject matter of this case was two plots in Juhu, which were earmarked for open space/ garden in Mumbai in 1967. But the plot was under construction.
So PIL was filed in Bombay High Court to stop the construction in these two open plots. According to Development Control Regulations (DVR) 1991, Municipal Corporation of Greater Mumbai (MCGM) has already used the open space of 1,200 acres for construction of 1,068 plots. And are still converting open space into buildings. Maharashtra Housing & Area Development (MHAD) prepares development plans as per the zones such as residential, commercial, industrial, etc. So Every residential zone must have a garden/ open space. Therefore If any authority has not indicated the open-source/ garden which was already shown in the approved layout then the builders can't claim the benefits of making construction in open areas/gardens. It was held that open space areas/ gardens shall not be used for construction work.
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