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2016 Supreme(Del) 3529

INDERMEET KAUR
ARVIND SINGHAL – Appellant
Versus
GOVT. OF NCT OF DELHI – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rajiv Bansal, Mr. Shivanshu Kumar, Mr. S.K. Gandhi, Ms. Nishtha Gupta, Mr. Anurag Tripathi and Ms. Tanya Jelly.
For the Respondents: Mr. Anuj Aggarwal, for Girish Kumar Singh, Dinesh Kumar, and Om Prakash. Ms. Shiva Lakshmi and Mr. Ruchir Ranjan, for Mr. Siddharth Nagpal and Mr. Sumeet Pushkarna, with Mr. Sushil Kumar, Ms. Veena Ralli, for Mr. Pravir Jain.

JUDGMENT :

INDERMEET KAUR, J.

1. The three petitioners are residents of Padmini Enclave, Aurobindo Marg, New Delhi. Petitioner No. 1 is the owner of property No. 3 which is adjacent to the “Playful Minds Enrichment School” (hereinafter referred to as the school) being run from the aforenoted property. This school is being run by respondent No. 12 on a property owned by respondent No.13 which has been leased out to the school (respondent No. 12). The registered lease deed is dated 27.03.2014. The purpose is running of Pre-Primary School, Enrichment Centre and Allied Activities. Submission is that illegal and unauthorized activities are being carried out in the school which are a nuisance to the residents of the locality; not only the ground floor but the first floor of the property is also being used by the school not for its school activities but it has become a commercial activity including banqueting and birthday parties which are on a regular pattern. Besides these activities, running of a chess academy, summer camp and other allied activities are also being carried by respondent No. 12. All this is in violation of the byelaws and the building plans and controverts the Master Plan


















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