Synopsis: This writ petition is being filed under Article 226 of the Constitution of India as Public Interest Litigation and is directed against allotment and use of school sites in Vasant Kunj scheme in violation of Delhi Master Plan instead of for enforcing Plan provisions for Common School system / Neighbourhood schools for benefit of all local students and area residents in all sections of the community. Under Delhi Development Act, 1957, land was compulsorily acquired for development and disposal according to the Master Plan to ensure equitable benefit of planned development for the common man. Accordingly, land allotment conditions about type of school, local enrolment and free seats operationalize Master Plan provisions for equal access Neighbourhood Schools. Irrespective of price charged for allotment, under the Act these cannot be compromised. Use of nearly all school sites in Vasant Kunj is in gross violation of approved layout plan and Master Plan standards for space for buildings, parking, etc, leading to up-market schools in excess of what local demand can sustain and violation, at cost of residential amenity, of local enrolment provisions. Poor students are worst affected by exclusion due to commercialization, with free seats’ condition being flouted with impunity. This, in turn, makes for violations in government schools, with enrolment in excess of and space short of standards and resultant environment not at all conducive to quality learning. The above illegalities and failures have been brought to the attention of authorities through detailed illustrated report (June 2001), Public Notice response u/s.11A of Delhi Development Act (October 2002), representation to Standing Parliamentary Committee (July 2003), etc. The Petitioner is now approaching this Hon’ble Court.


Prayer: (a) issue a Writ, Order or Direction in the nature of Mandamus to Respondents to furnish details of action taken / proposed (along with time-schedule) for implementation of Master Plan provisions for Neighbourhood / Common School system in the area; and (b) issue a Writ, Order or Direction in the nature of Mandamus to the Respondents to furnish details of action taken / proposed (along with time-schedule) against Master Plan violations on school sites in Vasant Kunj; and (c) issue appropriate Writ, Order or Direction against allotment of / development on still available sites in layout plan for schools / other community facilites, pending prayers (a) and (b); and (d) pass such other order(s) as deemed fit...


Order of 27/10,2004: “It is true that in the matter it is pointed out by the learned counsel for the petitioner that in fact some parcels of land indicated in the lay-out plans as for the use as Nursery Schools are being used as integrated 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 concerned, it is 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 the action be taken within a period of 12 weeks. With this direction the petition is disposed off.” (Chief Justice B.C.Patel and Justice B D Ahmed)