RESIDENTS WELFARE ASSOCIATION Vs. DDA

JUDGEMENT

(1.) The matter in controversy relates to allotment of land to respondent No. 3. It was noticed in the order dated 4th September, 2002 that the only surviving question for consideration related to the issue as to whether the land allotted to respondent No. 3, which is stated to be meant for. primary school in the lay-out plan, can be used for the middle school.

(2.) Learned counsel for the petitioner contends that in terms of Section 11-A of the Delhi Development Act, 1957, (hereinafter called as 'the said Act') that the procedure for modification of the plan has been prescribed and since no modification has been made in terms thereof, the Respondent No. 3 is not entitled to have a middle school on the land in question.

(3.) Learned counsel for respondents No. 1 and 3, however, submit by reference to the master plan that the only two concepts specified therein relate to a basic primary school and a higher secondary school and thee is no mention of a middle school. The reference to the basic primary school is as under: