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M/S Chirag Coop. H. Bldg. Society Ltd. ... vs Dda And Ors. on 4 October, 2012 cites

Regal Traders Pvt. Ltd. And Anr. vs Lt. Governor Of Delhi And Ors. on 23 May, 1990

Thus, requirement of seeking amendment/ alteration in the lay out plan for change of use of nursery plot in question to mixed use is not required, as MPD-2021 permits it. Thus, it is open to respondent- Tagore Education Society to put the subject land to mixed use while running nursery school therefrom and so, reference to decision in 'Regal Traders Pvt. Ltd. & Anr. Vs. Lt. Governor of Delhi & Ors.' AIR 1990 Delhi 282 on behalf of second writ petitioners is of no avail. Regarding the aspect of traffic congestion being there due to opening of nursery school by respondent- Tagore Education Society, this can be taken care of by regulation of the traffic and the remedy is not to set at naught a valid W.P.(C) Nos.1509/2002& 5245/2008 Page 11 of 12 allotment of nursery school plot in question to respondent- Tagore Education Society. In this regard, reasonable restraint can be put by the traffic police on respondent- Tagore Education Society to ensure that traffic congestion does not take place outside the nursery school in question. The paramount consideration is to ensure that in this ever growing capital city, nursery school is there in the neighbourhood to provide elementary education to children of tender age and so, MPD- 2021 facilitates putting of the nursery school plot in question to mixed use, which obviously includes running of nursery school from the plot in question. Thus, even the above captioned second writ petition cannot defeat the right of respondent- Tagore Education Society from not only setting up a nursery school on the plot in question but also to put it to mixed use after obtaining requisite clearances. So, even above captioned second writ petition must fail.
Delhi High Court Cites 26 - Cited by 16 - Full Document
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