Judgment

B.L.HANSARIA, J.

(1) THE appellants are some of the residents of Sarita Vihar. According to them. Respondent I, Delhi Development Authority (DDA), permitted a nursery school to be opened in Park No. 6 of Pocket A of Sarita Vihar by Respondent 2 in complete violation of the provisions of Delhi Development Act, 1957 (for short the Act). When they approached with this grievance, the High court of Delhi found no merit and dismissed the writ petition.

(2) THE short and important point which is required to be determined is whether the school in question is in possession of the land in question in violation of the statutory provisions contained in the Act. According to Shri P.P. Rao, learned Senior Counsel appearing for the appellants, there is no escape from the conclusion that the school was allowed to be opened in the park in violation of what has been contained in S. 7 and 8 of the Act. The stand of DDA on the other hand, as put forward by Shri Jaitley, is that the appellants have either misconceived the statutory provisions or are interested, for one reason or the other, in seeing that the nursery school does not function at the place allotted to