NAJMI WAZIRI, J.

1. The learned counsel for the respondents states that the plot earmarked for parking in the layout plan can be used for the purpose of constructing a public toilet since that is a permissible user under Clause 8.2 of Chapter 17 of the Delhi Master Plan (MPD), 2021. He relies upon the dicta of this Court in Shanti Devi Gupta v. Delhi Development Authority 1994 AIR (Del) 299 to contend that Nazul land can be used for public purposes.

2. The Court is unable to see how the said case is applicable to the facts of the present case because it dealt with construction of a road admeasuring 20 x 8 ft. which was already provided for in the layout plan. Therefore, there was no violation of the layout plan. The second judgment relied upon by him is Maya Devi v. Union of India 1997 (65) DLT 405 which dealt with a case in which the original area as per the affidavit of the Delhi Development Authority was 0.64 hectare for a primary school. However, the Master Plan itself earmarked an area of 0.40 hectare. The said area when handed over for construction of the primary school was found short by 184 sq. mtrs. The Court held that there is not much reduction in the area even a