RESIDENTS WELFARE ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Residents Welfare Association B Block Yozna Vihar seek directions to quash the allotment of a nursery school site by DDA to respondent No.5.

(2.) It is stated in the petition that the said allotment violates the right of life and liberty of the residents of the area for the reason, establishment of a nursery school at the site would cause nuisance to the residents thereby adversely affecting the quality of their life. It is stated that the respondent no.5 in all probability would violate terms of the lease.

(3.) A cooperative society named Planning Commission Cooperative House Building Society was allotted 54 acres of land. It carried out development as per the notified and sanctioned lay out plan. The colony was called Yozna Vihar. 540 residential plots were carved out. They were allotted to the members of the society. A nursery school site located in Block-B i.e. site in question, was one, amongst various sites for public utility which was ear marked in the sanctioned lay out plan.