Document Fragment View

Matching Fragments

Additionally, the boundary wall, originally built around the entire plot, was in dilapidated condition and was reconstructed in the year 2017. 4.9. As per the layout plan of the area in question, the land use of the entire plot admeasuring 4458 sq. yards was earlier shown as „lawn‟, however, the land use was subsequently changed to „school‟, in terms of the records maintained by the Land and Estate Department, MCD. The lay out plan has also been amended to show use of the land in question for school. 4.10. The petitioners, in the present petition, have not been able to show as to how they have been affected by use of the land in question vested in the Education Department, MCD, as a playground for the school. Therefore, there exists no genuine grievance of the petitioners, since there is no obstruction to light and air by usage of the land in question as a playground for the school.

(ii) A municipal school by the name of Municipal Corporation Middle School has been running on this land parcel since last many decades;

subsequently the status of the school was changed to Primary School due to change in policy in 1972 and its name was changed to Municipal Corporation Primary Co-Ed School at present; the school was initially being run from tents as well as several single storey classrooms/sheds spread along the perimeter of the plot with play ground in the middle; later on classrooms were razed and school building was constructed on some portion while remaining portion remained vacant for use as playground; subsequently the school building was reconstructed on portion measuring 1560 sq yard as the earlier building had become dilapidated with passage of time and was completed in 2015 while portion measuring 2898 sq yard remained vacant for use as playground; there was always a boundary wall of the entire plot but this boundary wall had also become dilapidated, fallen and demolished with passage of time and anti-social miscreants started loitering in the open area meant for the playground and bushes came up and residents of the area starting throwing garbage there and as a result this vacant portion measuring 2898 sq yards ceased to be used by the school students and hence in 2017 the Work Order has been issued by the Works Division of North DMC to reconstruct the Boundary wall so that school students can use it for physical activities; that earlier as well as now the height of the brick boundary wall is 5 foot and above it grills of about 3 ft high have been affixed; a small gate has been constructed in the wall of the school building dividing the school building and the playground. Copy of letter dated 22.1.2016 written by Dy. Director, Education, Civil Lines Zone to the Executive Engineer requesting for constructing boundary wall is annexed as Annexure R-4, copy of letter dated 9.2.2016 written by Executive Engineer to Dy. Director, Education, Civil Lines zone is annexed as Annexure R-5.

xxx xxx xxx"

(Emphasis Supplied)
23. Once the existence and running of a government school, i.e., MCD School, is established and the land vests with the MCD, the MCD is within its authority to put the land to use in accordance with the user of the land. This Court finds justification in the use of the land appurtenant to the school, being part of one big plot, as playground for the school children. The necessity of a playground for use of the school children cannot be underscored, as the same is an essential and fundamental requirement for overall growth of the children. Taking part in sports activities is an integral part of education, which cannot be overlooked.

(Emphasis Supplied)

36. Therefore, any purported consent order on the basis of some purported decision taken without any dominion, or without approval of the competent authority, cannot be taken as a refuge by the petitioners. This Court finds no justification in the prayer of the petitioners to use the parcel of land meant for „playground‟ for school students of MCD school, as an „ornamental park‟ for the public. There are already many parks nearby within the vicinity, including, a 100 acres park, for the petitioners to use and enjoy. This Court is of the view that the requirement of the said parcel of land for the school students as a playground is indispensable for their physical development and growth. No error is found in the decision of the MCD.