Obligation of owners of parks and play-fields

(1) in the case of a park or play-field not vested in a local authority but included in the list published under section 4 or varied under section 5, the executive authority may, by notice, require the owner or the person or authority in occupation of such park or play-field— (a)to maintain such park or play-field in a clean and proper condition- or (b)to ronove or alter any projection or obstruction in or over any such park or play-field or to execute such repans to any building in such park or play-field as the executive authority may consider neccs- saiy, within a date specified m the notice. (2) If the owner or the person or authority in occupation fails to comply with the notice under sub-section (1), the executive autho- rity shall himself arrange— (a) to maintain such park or play-field in a clean and proper condition; or (b) to remove or altci the projection 01 obstruction; 01 (c) to execute such rcpaiis as he may consider necessary, and the cost of such maintenance, letnoval, alteration or repairs shall be lecoverablc from the owner or the person or authority in occupation, in such manner as may be prescribed. (3) Any dispute as to the amount of the cost tecoverable under sub-section (2) shall be decided by the Government and theii decision shall be final. (4) The executive authority may, instead of or in addition to taking action as indicated in sub-section (2), proceed to acquire the land under the Kerala Land Acquisition Act, 1961 (21 of 1962), for the purpose of the effective management of the land as a park or play-field. (5) Any owner oi any person or authority in occupation of a play-field desiring to convert the pla> -field to any use othei than as a play-field may give notice to the person or authority managing the affairs of any educational institution or other duly constituted public body which uses the play-field or to the local authority within whose jurisdiction the play-field is situated to purchase his or its rights in the play-field and if such person, authority, public body or local authority does not agree to purchase his oi its rights, he or it may, after the expiry of a reasonable period which shall be not less than six months after the date of the notice, put it to such use as he or it desires. (1) ... (b) to remove or alter any projection or obstruction in or over any such park or play-field or to execute such repairs to any building in such park or play-field as the executive authority may consider necessary, within a date specified in the notice.

(2) If the owner or the person or authority in occupation fails to comply with the notice under sub-section (1), the executive authority shall himself arrange— (a) to maintain such park or play-field in a clean and proper condition; or (b) to remove or alter the projection or obstruction; or (c) to execute such repairs as he may consider necessary, and the cost of such maintenance, removal, alteration or repairs shall be recoverable from the owner or the person or authority in occupation, in such manner as may be prescribed.

(3) Any dispute as to the amount of the cost recoverable under sub-section (2) shall be decided by the Government and their decision shall be final.

(4) The executive authority may, instead of or in addition to taking action as indicated in sub-section (2), proceed to acquire the land under the Kerala Land Acquisition Act, 1961 (21 of 1962), for the purpose of the effective management of the land as a park or play-field.

(5) Any owner or any person or authority in occupation of a play-field desiring to convert the play-field to any use other than as a play-field may give notice to the person or authority managing the affairs of any educational institution or other duly constituted public body which uses the play-field or to the local authority within whose jurisdiction the play-field is situated to purchase his or its rights in the play-field and if such person, authority, public body or local authority does not agree to purchase his or its rights, he or it may, after the expiry of a reasonable period which shall be not less than six months after the date of the notice, put it to such use as he or it desires.