RISHABH EDUCATIONAL SOCIETY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Having failed to get allotment of a site for running a nursery school, the Petitioner has preferred this writ petition with the following prayers:-

(2.) The sum and substance of the averments made in the writ petition is that after completion of all the formalities in 2001, the case of the Petitioner for allotment of a site for running a nursery school was cleared by the Planning Department of the DDA and a site was earmarked in Kondli Gharoli Complex, Mayur Vihar Phase-III. However, for want of a clear approach to the site, it was not feasible to establish and run a nursery school at the said site and hence, the Petitioner made a representation dated 09.06.2003 to the Director, DDA to allot it an alternative site rather than the one suggested by the Planning Department. It is the case of the Petitioner that sometime in the year 2004, an alternative site was identified in Pocket D, Kondli Gharoli Complex, Mayur Vihar Phase-III. However, an unduly long time was taken in processing the file and in the meanwhile Master Plan-2021 came into effect w.e.f. 07.02.2007 whereby it was laid down that nursery schools may function only as a part of the primary school/secondary school/senior secondary school wherever needed. The practice of providing dedicated nursery school plots in the layout plan was discontinued and hence an alternative site was refused to the Petitioner. The grievance of the Petitioner is that since the Petitioner had applied for allotment of a plot for running a nursery school in the year 1997, it's eligibility should be considered on the date of the application and since the plot was identified in the year 2004, the Respondent DDA is under obligation to allot the same to the Petitioner in accordance with the provisions of the Master Plan in existence at the relevant time.

(3.) In the counter affidavit filed by the DDA, it is stated that since the allotment of the plot had not yet been made, there was no vested right in the Petitioner for allotment of a site for running a nursery school. The Respondent refers to the New Master Plan-2021, according to which it is not permissible to allot any site for nursery school.