GREEN PARK ASSOCIATION Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) THE primary question which arises for determination in the present writ petition is:-

(2.) A Division Bench of this Court in Civil Writ Petition No. 7923 of 1989 titled Sat Pal Verma (died) through his L.Rs v. Advisor to the Administrator and others, decided on 3.12.2001, alongwith a bunch of other writ petitions, passed an order that the use of residential/semi-residential premises, shop- cum-flats, shop-cum-offices in Chandigarh, for running of education institutions amounts to misuse and that the Administration should take policy decision in the matter of running of recognised educationalal institutions in such sites. The Administration was directed to constitute a high-powered committee to take appropriate decision in respect of the recognised private schools which fulfill all the norms laid down by the Education Department. The Chandigarh Administrator and Chandigarh Housing Board were directed to take steps to stop running of all private educational institutions which are not recognised or which do not fulfill the norms laid down by the Education Department by the end of then current academic session. Still further, it was directed that if the high-powered Committee decides against the running of private schools in residential premises then one year further time should be allowed to the schools to shift from the present sites. The directions issued by this Court read as under :-

(3.) PETITIONER No. 1 is a Society of residents of Sector 11-B, Chandigarh; whereas petitioner No. 2 is a resident of Sector 11. They have sought intervention of this Court alleging that the Building Scheme by the respondent-Administration provided for a Government School in Sector 11, Chandigarh. The subject area was ear-marked for park/open space as well as Community Centre which are the essential requirements for the development of an area. The site was specifically marked for Community Centre for the residents of Sector 11, Chandigarh, which is clear from the layout plan attached with the writ petition. It was alleged that the layout plan has never been changed nor it could have been changed. The Punjab Municipal Corporation Act applicable to Chandigarh provides for a scheme under Section 275 and such scheme is to be drawn after public notice by inviting suggestions. It was alleged that without following any procedure, without inviting any objections and without granting any opportunity of hearing, the site has been allotted to respondent No. 4 in a clandestine manner. It has been further pleaded that the area is a residential area where a Government School is already provided. With the opening of second school, the character of the area will change and that the width of the road in the vicinity is only 12 feet and with such a private school, the entire area will be jammed with traffic and the safety of the children would be at a great risk. The petitioners served notice dated 3.3.2004 but since no corrective steps were taken, writ petition dated 22.3.2004 was filed on 8.4.2004 challenging allotment of site to respondent No. 4.