DR. G.N. KHAJURIA AND ORS. versus DELHI DEVELOPMENT AUTHORITY AND ORS.

DR. G.N. KHAJURIA AND ORS. versus DELHI DEVELOPMENT AUTHORITY AND ORS.

Allotment of land earmarked for a park to a nursery school is misuse of power by the Authority and such allotment is to be cancelled as it contravenes the statutory development plan and master plan provisions.

Parties
Appellant: Dr. G.N. Khajuria and Ors.; Respondent: Delhi Development Authority and Ors.
Jurisdiction
India
Judgment Date
31 August 1995
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 8.3.94 of Delhi High Court in C.w.p. No. 3812 of 1992
Outcome
Appeal allowed
Legal Topics
Unauthorised Allotment, Parks & Public Spaces, Nursery School Allotment, Misuse of Power
Administrative Law Municipal Law Land Use Planning Unauthorised Allotment Parks & Public Spaces Nursery School Allotment Misuse of Power

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Parties

Dr. G.N. Khajuria and Ors.

Appellant

Delhi Development Authority and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 8.3.94 of Delhi High Court in C.w.p. No. 3812 of 1992

Legal Issues

  1. 1 Whether allotment of park land for nursery school violates statutory provisions of Delhi Development Act, 1957
  2. 2 Whether the Development Authority can carve out space reserved for parks for use as a nursery school

Ratio Decidendi

Allotment of land earmarked for a park to a nursery school is misuse of power by the Authority and such allotment is to be cancelled as it contravenes the statutory development plan and master plan provisions.

Court Disposition

Appeal allowed

Orders

  • Allotment in favour of respondent No. 2 cancelled.
  • Respondent No. 2 may run school at site for six months to enable alternative arrangements.