ORDER OF 27/10/2004

IN THE HIGH COURT OF DELHI AT NEW DELHI

WP(C) 8954, 8955, 8956, 8957, 8958, 8959/2004 27.10.2004

Date of Decision: October 27, 2004

Master Plan Implementation Support Group and ors.........Petitioners

Through: Mr.Ravi Shankar Kumar, Advocate.

Versus

Delhi Development Authority and others...........................Respondents

Through: Mr.Ravi Shankar Kumarfor the petitioner. Mr.Jagmohan Sabharwal, Sr. Advocate, with Ms.Shobhna Takiar for DDA. Mr.Anoop Bagai for MCDMr.Najmi Waziri for Delhi WakfBoard. Mr.Suresh Kait for UOI. Ms.Avinish Ahlawat for Directorate of Education.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR.JUSTICE BADAR DURREZ AHMED

i) Whether Reports of the local papers may beallowed to see the judgment? ii) To be referred to the Reporter or not? iii) Whether the judgment should be reportedin Digest?

B C PATEL, C.J. (ORAL)

It is true that in the matter it is pointed out by the learned counselfor the petitioner that in fact some parcels of land indicated in

WP(C) No.8954-59/03 Page 1 of 2

the lay-out plans as for the use as Nursery Schools are being used asintegrated schools. On behalf of the Education Department, it is stated that only those schools which meet with the norms have been granted permission for upgradation. The learned counsel for Delhi Development Authority (for short "DDA") submitted that no permission has been obtained from the DDA. It is clear that when a layout plan has been prepared, any variation thereon must be according to the law. If any change is required to be made in such a plan, then only DDA can take appropriate action. In such a situation, it is for the Education Department to move the DDA for making necessary changes in the layout plan. So far as the other violators are concened, itis pointed out on behalf of the DDA that show cause notices have been issued to the persons who have violated the conditions and it is assured that action will be taken against such violators in accordance with law after considering their replies. Let te action be taken within a period of 12 weeks. With this direction the petition is disposed of.

CHIEF JUSTICE

October 27, 2004 BADAR DURREZ AHMED, J.

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