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2020 Supreme(Del) 2

C.HARI SHANKAR
Action Committee Unaided Recognized Private Schools – Appellant
Versus
Delhi Development Authority – Respondent


Advocates Appeared:
For the Petitioner:Amit Sibal, Sr. Advocate, Kamal Gupta, Pragya Agarwal, Yudhishter, Advocates.
For the Respondent:Rajiv Bansal, Sr. Advocate, Shlok Chandra, Parul Panthi, Vaishali Rawat, Ritesh Kr. Sharma, Advocates.

JUDGMENT :

1. The petitioner, a society registered under the Societies Registration Act, 1860, comprising approximately 300 private unaided recognised schools in Delhi, seeks, by means of this writ petition, to espouse the cause of various primary and middle schools, who, consequent to modified recognition granted by the DoE and the CBSE, are functioning at the senior secondary level. The schools claim to be aggrieved by the demand, by the DDA, for payment, by the said schools, of additional charges, for being allowed the facility of additional Floor Area Ratio (FAR). In other words, the claim of the petitioner is that the members of the petitioner should be allowed to run as senior secondary schools, without requiring payment, by them, of any additional charges, to the DDA.

2. The petitioner’s case is that, despite clear cut instructions, having been circulated by the respondent-Delhi Development Authority (DDA), allowing such upgradation, subject to the schools having the requisite land area, the DDA is, for no justifiable reason, refusing such upgradation until and unless addi




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