TMI Blog1995 (8) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... ort and important point which is required to be determined is whether the school in question is in possession of the land in question in violation of the statutory provisions contained in the Act. According to Shri P.P. Rao, learned Sr. Counsel appearing for the appellants, there is no escape from the conclusion that the school was allowed to be opened in the park in violation of what has been contained in Sections 7 and 8 of the Act. The stand of DDA on the other hand, as put forward by Shri Jaitley, is that the appellants have either mis-conceived the stautory provisions or are interested, for one reason or the other, in seeing that the nursery school does not function at the place allotted to it by the DDA. The counsel for respondent No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tates that a draft master plan may include education, recreation and community facilities plan indicating proposals for parks, open spaces, recreational, educational and cultural centres. 4. Relying on the aforesaid provisions, the submission advanced for the appellants is that the Development Authority was under an obligation to specify in the zonal development plan, locations and extents of land-uses, inter alia, for parks and schools. According to Shri Rao, the land which ultimately was allotted to respondent No. 2 for opening a nursery school had originally been kept reserved for park because of which the land could not have been allowed to be used for opening the school by any executive or administrative decision of the DDA. 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id Rules. We have thought it fit to mention about this aspect because in the lay-out plan of Sarita Vihar, as put on record, we find no mention about reservation of space for park. This is simply inconceivable to us. 7. We also do not entertain any doubt that at the site at which the school was allowed to be opened, there was a park. This is apparent from the report submitted by Director (Monitoring) to the Vice-Chairman of the Development Authority pursuant to his order dated 26.10.1992 which he came to pass on a reference being made to him by the Chief Secretary on 23.10.1992. The Chief Secretary had passed the order on a representation made by some residents of Sarita Vihar, Pocket `A', complaining about unauthorised construction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o carve out any space meant for park for a nursery school. We are of the considered view that the allotment in favour of respondent No.2 was misuse of power, for reasons which need not be adverted. It is, therefore, a fit case, according to us, where the allotment in favour of respondent No.2 should be cancelled and we order accordingly. The fact that respondent No.2. has put up up some structure stated to be permanent by his counsel is not relevant, as the same has been one on a plot of land allotted to it in contravention of law. As to the submission that dislocation from the present site would cause difficulty to the tiny tots, we would observe that the same has been advanced only to get sympathy from the Court inasmuch as children, for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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