JUDGMENT
Manmohan Sarin, J.
1. Rule.
With the consent of the parties, writ petition is taken up for disposal.
2. Petitioner, Ashok Vihar Welfare Society (I-Block), has filed the present writ petition, seeking a mandamus to respondents to review their decision to allot 0.6 acres of land in I-Block, Phase-I Ashok Vihar, Delhi for Nursery School.
3. Learned counsel for the petitioner Mr. K.Venkatraman, in support of the writ petition has made the following submissions:-
Firstly, there are already three Schools existing in the colony, including Model Nursery School, Springdales Senior Secondary School and another Secondary School. Secondly, encroachments and Jhuggi clusters had come up on the vacant plot, which were removed with great difficulty by the efforts of the respondents.
Petitioner/Society has fixed iron gates for ingress and egress to the Colony on account of Security considerations and for protection of its residents. The apprehension is that if a Nursery School is made functional at the plot in question, which happens to be in the middle of the colony, there would be buses and vehicles coming to the School. This would endanger the safety of children and residents and disturb the tranquillity of the residents. Lastly, it is contended that there are trees grown on the plot, which is adjacent to the park and these would have to be uprooted. It was, therefore, urged that user of the plot should be changed to children’s park or it should be merged with the existing park.
(4) I have heard learned counsel for the respondent, Ms. Ansuya Salwan, in opposition to the writ petition. She has submitted that the Nursery School on the plot is as per the approved lay out plan. Further, that while approving the lay out plan, considering the density of population available space, topography of the area and other relevant factors, provisions is made for school and other community facilities.
(5) Having heard counsel for the parties, considered their respective submissions and the pleadings on record, I find that the writ petition is devoid of merit. As per the approved lay out plan, plot in question was approved and earmarked for Nursery School, which are claimed to be functional, in the lay out plan, as filed. Moreover, it is not disclosed as to whether the functioning of the said School and its location is in conformity with the lay out plan or not? The lay out plan, as filed, does no show the location of the Schools or their approved user for a School. It would indeed to be ironical if on the allegations of functioning of schools and without knowing whether their use is a sper layout plan or not, the user of a plot for a Nursery School, as duly approved in the lay out, is to be stalled. The plea regarding apprehension of breach of security and disturbance of tranquillity of the residents by vehicles, coming to the school, is against without merit. Of necessity, if the School is located, there would be children/students, who would be dropped by their parents and number of cars would of necessity have to approach the plot in question. These are the normal hazards of life. In any case, this would be minimal for a Nursery School, which generally has no afternoon shift. As regards cutting of trees, it would be for the concerned parties to obtain permission under the relevant statute.
4. The writ petition has no merit and is dismissed.