MAYA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has brought forward the present petition for issue of a direction against the respondent No. 3, their servants and agents restraining them from carrying out illegal construction of flats in the area marked A in between Pocket A-11 and A-14 at Kalkaji Extension, New Delhi which is a site reserved for a primary school in the lay out plan and for restoration of the said area for the purposes of a primary school and to construct a school thereon.

(2.) Brief facts which gave rise to the present petition are as under : that the petitioner is a mother of four daughters. Out of them, namely, Priyanka and Garima are 11 and 9 years of age respectively and are students of a primary school. The petitioner is also a member of the Park Committee of Kalkaji Extension. The petitioner is a resident of Kalkaji Extension area. The population of the area is approximately 1.6 lacs, yet with no Government primary school. Conseqeuntly the children of the said area have to travel long distances for their primary education.

(3.) Respondent No. 3 i.e. the Delhi Development Authority was constituted by an Act of Parliament. Section 7 of the Delhi Development Act ( hereinafter referred to as 'the Act' for the sake of convenience) requires the Authority to prepare a Master Plan whereas Section 8 of the Act talks of a Zonal Plan. The Master Plan prepared and submitted by respondent No. 3 and approved by the Central Government and which is in operation contains a provision for construction of primary schools. According to the site plan the prescribed area for the said school for 500 students is 0.40 hectares. The Zonal Plan made subsequent to the Master Plan contains a space in between Pocket A-ll and A-14 marked for a primary school in accordance with the Master Plan (vide Annexure P-1). Respondent No. 3 in violation of the said plan are constructing flats over the abovesaid place and are thereby violating the Master Plan and the Zonal Plan and the Fundamental Rights of the children of the petitioner and of other residents of the area to primary education which is a part of life and liberty.