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Will garden in a gated community be open for general public
19-Sep-2023 (In Property Law)
Hi, I'm an owner in a gated community , construction of which will complete by Dec'2016. We see clarity for below : In GHMC Approval copy , It is mentioned as one of the point that : "The Applicant Shall handover Tot-lot area i.e Organized Open Space to GHMC through registered Gift Deed before coming for Occupancy Certificate" What does it signify ? Does this mean the garden area does not belong to our society and will be open for public? However,that area is inside the boundary that Builder has constructed. Please Clarify.
Hi
As per the terms of GHMC building permission plan, it appears that the Tot-Lot area (Organised Open garden Space) was to be handed over to GHMC vide registered gift deed which is as per AP Building rules and inline with the AP Building rules and regulations for Gated communities.
As per AP building rules, a certain portion of Open space in a gated community needs to be handed over to GHMC for road widening/ garbage collection facilities/ Green cover / Park (Childrens park )/ Library/Other amenities etc.
Though the ownership of such open spaces are technically transferred to GHMC by the gated community, the residents of Gated community can continue to use the said open space uninterruptedly. It is also a common practice that the area so gifted to GHMC will remain under exclusive use of Residents of Gated community for unlimited period of time.
Public might be allowed access to such area probably in 10-15 years from now that too when the demand for space increases in your locality.
As per the terms of GHMC building permission plan, it appears that the Tot-Lot area (Organised Open garden Space) was to be handed over to GHMC vide registered gift deed which is as per AP Building rules and inline with the AP Building rules and regulations for Gated communities.
As per AP building rules, a certain portion of Open space in a gated community needs to be handed over to GHMC for road widening/ garbage collection facilities/ Green cover / Park (Childrens park )/ Library/Other amenities etc.
Though the ownership of such open spaces are technically transferred to GHMC by the gated community, the residents of Gated community can continue to use the said open space uninterruptedly. It is also a common practice that the area so gifted to GHMC will remain under exclusive use of Residents of Gated community for unlimited period of time.
Public might be allowed access to such area probably in 10-15 years from now that too when the demand for space increases in your locality.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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