Judgment

G.S. SINGHVI, J.

1. Leave granted.

2. Whether the amendment made in the Master Plan of Delhi vide Notification dated 20.9.1995 permitting utilization of the sites earmarked for Nursery Schools for other purposes is ultra vires the provisions of the Delhi Development Authority Act, 1957 (for short, 'the Act') or is otherwise arbitrary and whether allotment of 1000 sq. yards (in some paragraphs of the special leave petition and the documents annexed with it the size of the plot has also been mentioned as 1200 sq. yards) of land earmarked in Gulmohar Park for Nursery School to respondent No.4 - Kala Ashram, School of Dance and Drama, New Delhi is violative of the provisions of the Constitution and/or the Act are the questions which arise for consideration in this appeal filed against judgment dated 24.10.2008 of the Division Bench of the Delhi High Court.

3. Appellant No.1 is a cooperative housing society, appellant No.2 is a body representing four cooperative house building societies which have land in and around the area known as 'Gulmohar Park' and appellant No.3 is a society formed for establishing a Nursery School in Gulmohar Park.

4. The site in question was initially allotted to Bethal Education Society for construction of a Nursery School but the same was not utilized for long time. In 1989, the appellants made representations to the DDA for allotment of the land in question, but could not persuade the concerned authorities to entertain their prayer. Therefore, they filed CWP No.1185/1998 for issue of a mandamus to the Delhi Development Authority (for short, 'the DDA') to allot the site to them for establishing a Nursery School. When the writ petition was taken up for hearing, it was noticed that the appellants had not challenged the notification by which the Master Plan had been amended.

Faced with the possibility of dismissal of the writ petition on that ground, learned counsel for the appellants made a request for permission to withdraw the same with liberty to file a fresh one. The learned Single Judge accepted the request and passed order dated 27.1.2000, the relevant portions of which are extracted below: "I have perused the contents of the aforesaid amendment application. It transpires there from that the petitioner seeks to make the said petition, a public interest litigation.

In that view of the matter, the petition would be required to be heard by the Division Bench, if the said amendment is allowed. Counsel for the petitioner seeks permission to withdraw the present petition in order to enable the petitioner to file a consolidated writ petition before the Division Bench with a further order that the interim order passed on 9.3.1998 be continued for another ten days. Permission granted. The petition stands dismissed as withdrawn with a liberty to the petitioner to file a consolidated petition before the Division Bench. Pending applications stand disposed of accordingly. The interim order passed by this Court on 9.3.1998 shall continue to operate for another ten days."

5. After few days, the appellants filed CWP No.662/2000 for quashing notification dated 20.9.1995 issued by the Government of India, Ministry of Urban Affairs and Employment (Delhi Division) for modification of the Master Plan and the allotment made in favour of respondent No.4. The Division Bench of the High Court referred to the nature of amendment made in the Master Plan and observed: "However, thereafter the purpose came to be amended by issuing a notification dated 20.9.95, a copy of which is produced as Annexure-7. The modification reads as under:-"At page 157 of the Gazette of India Part-II Section 3 sub-section (ii) dated 1.8.1990 under heading Nursery School and Kindergarten School (080) the following is added: "The following neighbourhood facilities are permissible in nursery school sites according to the layout plan, where no such facility