Devinder Gupta, J.

( 1 ) IN this writ petition, instituted on 19. 5. 1994, the petitioner, which is a Society registered under Society Registration Act, 1860, has sought the following directions:-

A) pass an appropriate writ order or direction, directing the respondents to allot the balance portion i. e. 700 sq. mt. of the plot No. NS 22, Block No. M. , Vikas Puri, New Delhi to the petitioner and in any case the area of 300 sq. mt. b) prohibit the respondents from putting to use the plot No. NS-22, Block No. M, Vikaspuri, New Delhi, to any use other than for setting up a Nursery School. c) directing the respondent No. 2 to formulate the policy, if not already in existence, in consonance with the specifications prescribed by the NCERT copy whereof is Annexure P-12 and to provide play grounds to all schools in the city of Delhi.

( 2 ) IT is alleged that the petitioner applied to the Directorate of Education for its recommendation to Delhi Development Authority (DDA) for allotment of land for constructing Nursery School including playground etc. On 22. 12. 1989, Directorate of Education recommended the petitioner s case for allotment of land and ultimately DDA allotted a piece of land measuring 800 sq. mt. to the petitioner for running Nursery School in M Block, Vikaspuri, New Delhi, out of a plot of land measuring 0. 13 hectares. On 4. 5. 1989, the petitioner deposited the requisite amount towards cost of the plot. The possession was handed over on 28. 8. 1989 and on 5. 10. 1989, the petitioner obtained `no Objection Certificate for constructing the Nursery School.

( 3 ) IT is alleged that in the lay-out plan of Vikaspuri, DDA has shown a piece of land in M-Block as Nursery School. When the petitioner learnt that DDA was intending to allot the remaining portion of the plot measuring 700 sq. mt. to some religious Society for the purpose of constructing a temple, representations were submitted to DDA for not allowing the construction of a temple near the school. It was also pointed out that the entire plot had been shown in the lay-out plan as Nursery School. The plot was meant only for Nursery School as well as for its playground. Residents of the locality of M-Block had also raised an objection to its allotment for a temple. The plot in question had been declared notified under the Master Zonal Plan, earmarked for Nursery School. When no action was taken by the respondent, a suit for permanent injunction was filed by the petitioner. Interim order of injunction was passed, which subsequently was vacated. In the appeal preferred by the petitioner, order of status-quo is in force. The suit has been held to be suffering from technical defects. Therefore, after moving application for withdrawal of suit, the petitioner thought of invoking jurisdiction of this Court. It is the petitioner s case that originally it had been allotted the entire plot, but the respondent arbitrarily reduced the size of allotted plot. The petitioner thus has a genuine, reasonable and legal claim over rest of the area of 700 sq. mt. In the larger public interest, use of the plot deserves to be maintained as Nursery School. Plans had been notified and lay-out prescribed the use as Nursery School. Thus the respondent can not be allowed to make use of the plot of land to any other purpose other than the Nursery School. In this background, the aforementioned directions were sought.

( 4 ) IN reply filed on 18. 2. 1995 by the respondent-DDA, it was stated that DDA was not allotting the play ground area to any Nursery School as there was no provision for allotting any area for play ground in the Master Plan. However, in 1986 in a few cases, inadvertently play field area was allotted to some Societies for Nursery School, but later on when the mistake was detected, it was rectified and thus no play field area was being allotted to any Educational Society for running a Nursery School. In cases where allotment had been made for play field area, such cases were being rev

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