3. Preparation and submission of list of parks, play-fields and open spaces by executive authorities.- (1) The executive authority of every local authority shall, not later than six months from the date on which this Act comes into force in the area within the jurisdiction of the local authority, prepare and Submit for the approval of the local authority a correct and complete list with plans and maps of all the parks, play-fields and open spaces in such area.
(2) The list referred to in sub-section (1) shall be in such form and shall contain such particulars as may be prescribed.
(3) The local authority shall, as soon as may be after the receipt of the list and other documents referred to in sub-section (1), publish the list in the prescribed manner, and such publication shall state at what place and time the maps, plans and documents aforesaid will be available to the public for inspection.
4. Approval and publication of list by local authority and Government.- (1) Any person interested may Submit his objections and suggestions in Writing in respect of anything contained in, or relating to, the list referred to in section 3, to the local authority within three months of the date of publication of the list under sub-section (3) of that section.
(2) The local authority may, after Considering the objections and suggestions, if any, received under sub-section (1) and after making such further inquiry as it thinks fit, approve the list with or Without modifications.
(3) The approval of the local authority to the list under sub-section (2) shall be published in the prescribed manner and such publication shall contain the list and shall also state at what place and time the particulars relating to the matters mentioned in the list will be available to the public for inspection.
(4) Any person who has any objection to the list approved by the local authority may, within such time as may be prescribed, prefer an appeal to the Appellate Tribunal Constituted under section 271S of the Kerala Panchayat Raj Act, 1994.)
(5) On such appeal the “the Appellate Tribunal) shall call for the records of the case from the local authority and after giving the parties concerned an opportunity of being heard and if necessary, after making such further inquiry as they may deem fit revise the list with such modification as may be deemed necessary.
(6) The Appellate Tribunal shall cause the list as received under sub-section (5) to be published in the Gazette.)
5. Variation or revocation of list.- (1) The local authority concerned may, at any time, either suo motu or on the request of any person interested add to, vary or revoke a list published under section 4 after following the procedure in section 5).
(2) Before making any such addition, variation or revocation, the local authority shall publish in the prescribed manner a draft of such addition, variation or revocation together with a notice specifying a date on or after which such draft will be taken into consideration, and shall consider any objection or suggestion which may be received in respect of such draft from 5x x) any person interested before the date so specified.
(3) The local authority shall after considering the objections and Suggestions, if any, received within the period referred to in sub-section (2) publish the addition, variation or revocation in the prescribed manner, and the addition, variation or revocation shall take effect on such publication. (4) The Government shall have power to add to the list only after consulting the local authority):
Provided that it shall not be necessary to consult the local authority in cases where such addition, variation or revocation is made at the instance of the local authority.