SC:Construction cannot be permitted in open spaces in an approved layout

The Hon’ble Supreme Court on 17th April 2020, in the matter of Anjuman E Shiate Ali & Anr. v. Gulmohar Area Societies Welfare Group & Ors. etc. observed that in an approved layout, the open spaces which are left, are to be continued in that manner alone and no construction can be permitted in such open spaces.

The Hon’ble Supreme Court

The open spaces/garden left in an approved layout, cannot be allowed for the purpose of constructions. (Para 22)

If one wants to utilize a big plot within the area of residential usage as indicated in the development plan, it is mandatory to sub-divide such big plots into smaller plots for utilizing them for the purpose of construction. When the layout is to be approved, certain percentage of area is required to be left towards roads, open plots, garden etc. (Para 22)

In an approved layout, the open spaces which are left, are to be continued in that manner alone and no construction can be permitted in such open spaces. (Para 23)

Copy of judgement: Judgement_17-Apr-2020

-Adv. Tushar Kaushik

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