The court affirmed that MCD's land use changes from park to school are valid as they conform to approved zoning and demonstrate the necessity for school playground facilities.

JUDGMENT :

MINI PUSHKARNA, J.

1. The present petition has been filed under Article 226 of the Constitution of India, 1950, seeking, inter alia, directions to respondent nos. 2 to 4, i.e., Municipal Corporation of Delhi (“MCD”), to comply with their undertaking dated 28^th September, 2011, given before the District Court, Tis Hazari, Delhi in Suit No. 274/1988 (New No. 1827/2009), titled as “Model Town Owners and Residents Society (Regd.) Versus Municipal Corporation of Delhi”, whereby, the MCD had agreed to develop the land facing House Nos. F-14/31 to F-14/36, Model Town-II, Delhi as an „ornamental park‟. Since the MCD sought to put the land in question to use as a playground for the adjoining government school and the old boundary wall existing therein was sought to be re-constructed, the present writ petition has been filed.

2. The facts, as canvassed in the petition, are as follows:

2.1. The petitioners, in the present case, are the owners of the properties bearing Nos. F-14/31 to F-14/36 facing the land in question, and are members of the Model Town Owners and Residents Society (Regd.), Model Town, Delhi (“Residents Society”).

2.2. As per the said sanctioned site plan, three plots were earmarked for parks/lawns, in front of the „F‟ block of Model Town-II, Delhi, which are more specifically in front of the houses bearing Nos. F-14/20 to F-14/50. One of the parks has been converted into a concrete parking by the MCD, while part of another park has been concretized by constructing stores, rooms, and offices of the MCD.

2.3. The present case pertains to area marked as park/lawn, which is situated opposite to the House Nos. F-14/31 to F-14/40, Model Town-II, Delhi, with a 15-feet wide road in front and a 30-feet wide road at the rear of the aforementioned houses.

2.4. In the year 1987-1988, the owners/occupants of the aforementioned houses/properties, including the petitioners, submitted a representation to the MCD, opposing the conversion of the aforesaid park/lawn into a multi- storied school building for Municipal Corporation Primary School, Model Town. In response, the MCD had assured the residents that only a temporary shed for the school would be constructed, and that the permanent structure was being erected elsewhere.

2.5. However, despite such assurance, construction activities persisted, pursuant to which, the Residents Society of the area, including, owners/occupiers of the properties bearing House Nos. F-14/31 to F-14/40, filed a suit bearing Suit No. 274/1988 (New No. 1827/2009), seeking perpetual injunction against the MCD to not convert the said lawn/park into a multi-storied building for the school.

2.6. On 16^th September, 2011, the MCD held a meeting in the presence of Area Councilor, competent officials from the Education Department of the MCD school and members of the Residents Society. Accordingly, a unanimous decision dated 23^rd September, 2011 was taken, whereby, it was mutually agreed among the parties that the aforesaid pending suit would be withdrawn, on the terms and conditions noted in the said decision. Further, as per the unanimous decision dated 23^rd September, 2011, it was resolved that existing school operating from temporary sheds facing House Nos. F-14/37 to F-14/41, would be developed as a pucca school,