The main legal point established in the judgment is that the running of the pre-primary school did not amount to 'erect a building' within the meaning of Section 331 and 345(A) of the Delhi Municipal Corporation Act, 1957.

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 for Delhi, 2021 (MPD-2021) The statutory bodies in permitting these activities to continue under their nose and not stopping them are guilty. Further contention is that this colony (Padmini Enclave) falls in category “B”; the conversion of user from the original residential user status into a commercial user (by running a school) amounts “to erect a building” in terms of Section 331 of the Delhi Municipal Corporation Act, 1957 (in short “DMC Act”) which cannot be done without the prior sanction of the Commissioner. Section 345-A has also been relied upon to advance this argument. Additional submission being that as per the requirements of MPD-2021 a minimum Right of Way (ROW) of 18 meters is required under Chapter 15 even if it is a mixed use land and ROW in front of this school is not 18 meters. Attention has been drawn to the other provisions of MPD-2021 i.e. Clauses 15.4, 15.7.1 and 15.7.2. Submission being that nursery school in a mixed use land is permitted only if there is a 18 meter ROW in front of the school; it has to restrict its use to the ground floor. These violations have not been addressed by the Statutory Body. Accordingly, this petition has been filed seeking a direction to the Statutory Bodies to prohibit respondents No.12 & 13 from running the aforenoted school which is not only in violation of MPD-2021 but also in violation of the statutory provisions of the said Act. He has also drawn attention of this Court to the photographs appended with the writ petition to substantiate a further submission that the parking in front of the school is erratic and irregular; this is an additional nuisance to the residents of the locality.

2. A status report has been filed by the South Delhi Municipal Corporation (SDMC) which is on the affidavit of Mr. P.K. Jain, Executive Engineer of the concerned area. In this status report, it has been stated that the property was inspected on 04.09.2015; the record has also been examined; the play school under the name of “Playful Minds Enrichment Limited” is being run from the aforenoted premises. It is stated that the aforenoted activity is permitted in terms of Chapter 15 of MPD-2021; this is a mixed use land; as per Clause 15.7.1 (a), the aforenoted activity is allowed even in this residential block. Further statement of the Department is that respondents No.12 & 13 have deposited the conversion charges on 08.05.2015 which was a pre-requisite for the conversion in the change of user of this land. It is further stated that on inspection, no activity violative of MPD-2021 was being carried out. Photographs have also been filed by the Corporation. An additional affidavit of the same Officer P.K. Jain, Executive Engineer of the Department is also on record. This affidavit is dated 24.01.2016. This affidavit w