Ajay Kumar Mittal, J.

1. The petitioners are citizens of India and are residents of Sector 7, Urban Estate, Panchkula. They have approached this Court through the present writ petition under Articles 226/227 of the Constitution of India inter alia stating that having their residence near or around the site of the school being run by respondent No. 5 - Ajay Memorial Education Society (Regd.), Panchkula, which is in half portion of the park, construction of huge building in the institutional category at Plot No. 1, Sector 7, Urban Estate Panchkula is resulting into a lot of environmental/noise pollution and has also become a potential traffic hazard for the residents of the locality, particularly for the children and the aged persons. Further prayer has also been made directing respondent No. 3 - Secretary, Haryana Urban Development Authority (HUDA), Panchkula to initiate resumption proceedings against respondent No. 5.

2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioners are the residents of Sector 7, Urban Estate, Panchkula. They have their residence near or around the site of the school being run by respondent No. 5 in half portion of the park which was initially allotted to the said respondent for running the Nursery School. The entire locality is facing hazard of traffic and environmental/noise pollution on account of the school buses and private cars carrying the students. According to the petitioners, about 20 years ago, one Mr. Anand, a local resident of Sector 7, Panchkula had been running a nursery school at his residence when his son Mr. Ajay expired. Thereafter, Mr. Anand submitted an application for opening a nursery school in the memory of his son. The said application was accepted by the Administration and vide letter dated 8.12.1988, Annexure P.1, respondent No. 4 allotted a piece of land measuring 3203 square meters for a tentative price of Rs.2,03,193/-. The location of the plot was described as facing Plot No. 557 to Plot No. 561 on north side and Plot No. 517 to Plot No. 523 on south side. The residents of the locality including the petitioners had no objection to the running of a nursery school at the said plot although the said plot was carved out of the area earmarked for a common park. In May 2011, the respondent No. 5 demolished the building of the nursery school and started constructing a huge building alongwith an equally huge basement for the proposed High School at the place where it was originally granted sanction for running a nursery school. The petitioners approached various authorities for persuading them to stop the construction. They submitted applications under Right to Information Act, 2005. Ultimately respondent No. 2 vide letter dated 14.9.2011 (Annexure P.4) informed that land was allotted for nursery school to respondent No. 5 in the year 1988. Subsequently vide sanction letter dated 16.9.2010 (Annexure P.3), respondent No. 4 had approved revised building plan of respondent No. 5 for construction of a building in the institutional category at Plot No. 1, Sector 7, Urban Estate, Panchkula. Perusal of sanction letter Annexure P.3 dated 16.9.2010 shows that earlier plan sanctioned on 6.1.2009 was cancelled. According to the petitioners, running of a High School in the midst of the residential houses and in one half of the park would be a great deal of nuisance for the residents of the area. The petitioners submitted representation to respondent No. 2 on 23.8.2011, Annexure P.8 against upgradation of the nursery school to High School. They also submitted a representation dated 25.7.2011, Annexure P.9 to the Administrator, HUDA, Panchkula against sanctioning the revised building plan of respondent No. 5. Having received no response, the petitioners filed CWP No. 18833 of 2011 (Vijay Pal Singh and others v. State of Haryana and others) in this Court seeking writ of prohibition for restraining respondent No. 5 from runnin

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