3.4.2 Recreational Open Space - Owner’s Undertaking

The owner shall give an undertaking that the recreational open space shall be for the common use of all the residents or occupants of the layout / building unit.

i) On sanction of the development permission, the recreational open space shall be deemed to have been vested in the society / association of the residents / occupants of the layout / building unit except as specified otherwise. In case such society or association is yet to be formed, the owner shall give undertaking to the Authority at the time of occupation certificate in case of Group Housing Scheme and at the time of final approval in case of plotted layout, that he will transfer the recreational open space at a nominal cost of Re.1/- to the society / association whenever it is formed. The recreational open space shall not be sold / leased out / allotted / transferred for any purpose, to any other person and it shall not be put to any other use except for the common use of society / association of the residents/ occupants as mentioned in Regulation No.3.4.7.

ii) If the Authority is convinced that, either the owner has failed to abide by the undertaking or such open space is being used in violation of the provisions as prescribed in these regulations, then the Authority shall take over possession of such land of recreational open

space for maintaining it for the uses permissible in these regulations, subject to condition that it shall not be further handed over or allotted to any person / institute / authority other than the society / association of the residents / occupants.

Provided that, it shall not bar the return of the possession of such open space to the original society / association of plot owners, after taking due undertaking to that effect.

Provided further that the cost incurred by the Planning Authority on maintenance of such Recreational Open Space shall be recovered as arrears of dues to the Authority from the owner / society / association of the residents / occupants till reversion of the possession.