MOUNT CARMEL SCHOOL SOCIETY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present appeal is directed against the order dated December 18, 2014 passed by the learned Single Judge in WP(C) No. 1687/2014 dismissing the application of the appellant Mount Carmel School Society (in short 'Mount Carmel') seeking stay of the construction raised by respondents No.2 and 3 in respect of plot of land of two acres situated in Sector 22, Dwarka, Papankalan adjoining the school building of Mount Carmel at Dwarka (hereinafter referred to as' plot in question').

(2.) Mount Carmel filed a writ petition bearing No.1687/2014 inter alia praying for a direction to respondent No.1 DDA to allot the plot of two acres at Sector 22, Dwarka, Papan Kala, adjoining the school building of Mount Carmel School, Dwarka for the use of its students as well as residents of its locality, restraining the DDA from in any manner changing the land use of the plot in question and in case the plot in question is already allotted to respondent No.2 i.e. Director of Education, a writ of certiorari cancelling the said allotment.

(3.) A brief background of the case is that Mount Carmel approached the DDA on December 13, 1995 seeking allotment of land for its senior secondary school in Dwarka in response whereof the DDA vide its letter dated March 12, 1996 asked for completion of certain formalities and requirements. The Director of Education wrote to the DDA that it had recommended the allotment of 1.6 hectare of land to Mount Carmel and later on December 29, 1998, the DDA also conveyed its recommendation of allotment of plot of land admeasuring 1.6 hectare at Sector 22, Dwarka at the provisional cost of '1.8 crores. Mount Carmel requested for reduction of the land price, however vide letter dated March 09, 2000 Mount Carmel was informed about allotment of two acres of land instead of 4 acres @Rs. 50 lakhs with 120% enhanced per acre.