The Tamil Nadu Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, 1959
The Tamil Nadu Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, 1959, Act 26 of 1959, is a State law that preserves and regulates parks, play-fields and open spaces across Tamil Nadu. It requires local authorities to prepare official lists of these lands, allows the Government to approve and revise those lists, and restricts change of use, construction and encroachment without previous Government sanction.
What this law covers
The Tamil Nadu Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, 1959, Act 26 of 1959, is a State law to preserve and regulate parks, play-fields and open spaces in the State of Tamil Nadu.
It extends to the whole of the State of Tamil Nadu. It came into force at once in the City of Madras and in every municipality in the State. The Government may also extend its provisions to any other local area in the State by notification, and may cancel or modify such notification.
What counts as a park, play-field or open space
The Act defines these terms broadly.
- An open space means land, enclosed or not, belonging to the Government or a local authority, with no buildings or with not more than one-twentieth covered by buildings, and used wholly or mainly for recreation, air or light.
- A park means land with no buildings or with not more than one-twentieth covered by buildings, laid out as a garden, lawn or meadow, and maintained for public recreation, air or light.
- A play-field means land adapted for play, games or sport and used by schools, colleges or clubs.
How land gets officially listed
The executive authority of every local authority must prepare and submit to the Government a correct and complete list, with plans and maps, of all parks, play-fields and open spaces in its area.
The Government must then publish the list and make the maps, plans and documents available for public inspection. Any person interested may send objections or suggestions in writing within three months from publication. After considering them and making any inquiry it thinks fit, the Government may approve the list with or without modifications.
The Government may later vary or revoke a published list. It must first publish a draft and consider objections or suggestions. The Government must also review approved lists once in every five years and cause revised lists to be prepared.
Why this matters to owners and buyers
If land is included in a published list under the Act, there are important restrictions.
- A listed park, play-field or open space cannot be used for a different purpose without previous sanction of the Government.
- No person may construct a building, put up a structure likely to affect its utility, or make any encroachment in or over listed land without previous sanction of the Government.
- A local authority must maintain listed parks, play-fields and open spaces belonging to or vested in it in a clean and proper condition.
Powers over privately held parks and play-fields
For parks and play-fields not vested in the local authority but included in the published list, the executive authority may require the owner or occupier to maintain them properly, remove encroachments or obstructions, or carry out repairs.
If the owner or occupier does not comply, the executive authority may do the work and recover the cost. The executive authority may also proceed to acquire the land under the Land Acquisition Act, 1894, for effective management as a park or play-field.
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Common questions
How do I know whether my land is treated as a park, play-field or open space under this law?
The Government publishes approved lists of parks, play-fields and open spaces, and the publication states where related particulars can be inspected by the public. The process also includes maps and plans prepared by the local authority.
Can listed land be used for some other purpose?
Not unless there is previous sanction of the Government. The Act says a listed park, play-field or open space cannot be used for any purpose other than the purpose for which it was used on the relevant date, except with previous Government sanction.
Can someone build on or encroach into a listed park or open space?
No, not without previous sanction of the Government. The Act prohibits construction of any building, putting up a structure likely to affect the utility of the land, and making any encroachment in or over listed land.
What happens if a private owner does not maintain a listed park or play-field?
The executive authority may issue a notice requiring maintenance, removal or alteration of encroachments or obstructions, or repairs. If the owner or occupier does not comply, the executive authority may carry out the work and recover the cost.
