( 1 ) RULE. By way of this petition under article 226 of the Constitution of India, the petitioner Trust has prayed for an appropriate writ, direction or order quashing and setting aside the part of Town Planning scheme No. 14 [rander Adjan] which provides a road through playground bearing survey No. 212/b, 213 and 216 (1+2) of the school owned by the petitioner Trust. It is further prayed to quash and set aside the resolution dated 7. 12. 2004 passed by the town Planning Committee of the Surat municipal Corporation rejecting the petitioners application for variation in the scheme.

( 2 ) IT is the case of the petitioner that the petitioner Trust is running the School imparting education and the school building and other properties constructed thereon are situate in Survey No. 212-B, 213 and 216 (1+2) in Rander at Surat. It is the case on behalf of the petitioner that all the schools have a common playground situate in said survey Nos. 212-B, 213 ad 216 (1+2 ). It is also the case on behalf of the petitioner that original area of the ground was about 22000 sq. yards out of which 1200 sq. yards were acquired by Surat Municipal Corporation for running of a slaughter hou