Punjab-Haryana High Court
Asa Ram Tyagi vs State Of Haryana And Others on 6 September, 2013
Bench: Sanjay Kishan Kaul, Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 6883 of 2013
Date of Decision : 6.9.2013
Asa Ram Tyagi ....... Petitioner
Versus
State of Haryana and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present:- Mr. Rajender Chhokar, Advocate, for the petitioner.
Mr. Kulvir Narwal, Additional Advocate General, Haryana. Mr. Ashwani Gaur, Advocate, for respondent No. 4-M.C. SANJAY KISHAN KAUL, CHIEF JUSTICE (ORAL) We have perused the affidavits filed.
Mr. Om Parkash, Dealing Assistant in the Secondary Education department states that there is a Secondary School functioning at site and the open area has been used as playground. Some rooms for Primary School have been constructed in part of the area which was being used as playground. He further states that as per norms, the Secondary School should have an area of 2 acres.
On perusal of the affidavit filed by the Deputy Commissioner, Sonipat, it transpires that the total land available is only 6696 Sq. Yds., out of which 5704 Sq. Yds. are proposed to be utilized for Community Centre, while the area under the school building is 564 Sq. Yds. The open area remaining for the school would be 428 Sq. Yds.
Sharma Sanjiv Kumar 2013.09.09 17:04 I attest to the accuracy and integrity of this document Chandigarh CWP No. 6883 of 2013 -2-
The fallacy in the aforesaid figure is that the existence of the Secondary School is sought to be ignored, while the Primary School is really part of the Secondary School.
In view of the aforesaid facts, the area under occupation of the Secondary School, the Primary School and the open playground area should not go below 2 acres. The result is that there is practically no area available for Community Centre.
The result of the aforesaid is that the Community Centre cannot be constructed by violating the norms fixed for a school and practically almost eliminating the playground area. We order accordingly.
The writ petition accordingly stands disposed of.
(SANJAY KISHAN KAUL) CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 6.9.2013 sjks Sharma Sanjiv Kumar 2013.09.09 17:04 I attest to the accuracy and integrity of this document Chandigarh