Dr. D.Y. Chandrachud, J.

1. St. Philomena Convent High School has been in existence for well over sixty years. The campus of the school at Nashik houses four additional institutions where students are admitted from Kindergarten to the Tenth Standard. Nearly 6,000 students study in these institutions. Across the road from the campus is a plot of land bearing Survey No.130-A/3 belonging to the Eighth Respondent. The school is situated on the Nashik Road. The bone of contention in these proceedings is the commencement of the business of a retail petroleum outlet by Indian Oil Corporation – the Sixth Respondent – on the land in question.

2. The relief that has been sought in these proceedings is an appropriate declaration and a consequential writ revoking the permission granted for the allotment and construction of the retail petroleum outlet. The basis and foundation of the Petition is that the permissions that were granted by the Nashik Municipal Corporation were in violation of Development Control Rules. Rule 2.6(d) provides as follows :

“2.6 Petrol filling station with or without service boys –

(a) The plot on which a petrol filling station with or without service buoys