DDA must restore Sarita Vihar public park after nursery-school sanction is quashed; school barred from admitting new students

The petitioner, an association of residents of Pocket K, Sarita Vihar, challenged the allotment of part of a public park to respondent no. 3 for a nursery school and the DDA’s sanction for its construction

The DDA stated that the 1985 layout plan did not include nursery schools at the sites in question; two nursery schools were incorporated into that plan in 2002.

It maintained that nursery schools were permitted in residential land-use and that the change brought the layout plan into conformity with the Master Plan.

The petitioner argued that the change had been made without compliance with Section 11A of the Delhi Development Act, 1957.

The DDA did not produce the original planning file despite a court direction.

Whether incorporating nursery schools into a layout plan by changing land earlier shown as a public park required compliance with Section 11A of the Delhi Development Act, 1957

Whether the DDA’s sanction for the nursery school could stand in the absence of demonstrated compliance with Section 11A

Section 11A of the Delhi Development Act, 1957 prescribes the procedure for modifications to master and zonal development plans, including publication of notice inviting objections and suggestions and consideration of those responses before the modification is made.

In Dr. G.N. Khajuria v. DDA, (1995) 5 SCC 762, the Supreme Court held that land forming part of a park could not be carved out for a nursery school and that an allotment of park land for that purpose was impermissible.

The DDA’s own affidavits established that the 1985 layout plan did not provide for the two nursery schools and that they were incorporated only in 2002, in an area previously shown as a park.

The Court inferred that the relevant planning provision had therefore been altered.

The DDA did not produce the original planning file to establish that the statutory modification procedure had been followed.

Applying Section 11A and the principle in Khajuria, the Court held that the change from park to nursery-school use required compliance with Section 11A, which had not been shown.

It directed that the area be restored as a public park.

To avoid disruption to students already enrolled, it directed that no precipitative action be taken until the current batch passed out, but prohibited the school from admitting further students.