HC quashes petition against nursery school in Sec 12

The petitioners had moved the High Court in 2008,alleging that the area in question has been “infringed” upon by the nursery school. The High Court,in 2009,had directed Haryana Urban Development Authority (HUDA) to carry out inspection of the said area,decide objections of the residents and pass a detailed order.

Pursuant to the court directions,HUDA had shifted the site of the school from the centre of the land as against the corner of the same area. This decision was then challenged by the residents in High Court.

In its counter argument,counsel for HUDA had contended that the site was earmarked for a school and that Sanjay Nursery School had bid in an open auction and succeeded to allotment of the plot for raising and running the school.

The residents had further alleged that the school is being extended to higher classes and is raising further construction in the garb of a nursery school – this contention was denied by the school authorities.

Finding little force in the contentions raised by the residents,the High Court has dismissed their petition. In its judgment,the division bench has ruled “we are of the view that the present petition is not liable to be maintained as this is one more petition in the line of the grievance where citizens want development only in a particular manner suiting them. There has to be development and it is not as if something which was not envisaged,is now sought to be built at the site”.

The order further reads,“the open areas have been kept intact to be used as park and there is no compromise on that behalf,except of the repositioning of the school so as to facilitate better utilisation of the park. The school is as per the norms envisaged”.