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HindustanTimes Wed,23 Apr 2014

HC green signal to more neighbourhood nursery schools

Harish V Nair, Hindustan Times  New Delhi, October 06, 2012
First Published: 00:28 IST(6/10/2012) | Last Updated: 00:30 IST(6/10/2012)

In a ruling that can lead to setting up of more nursery schools in your neighbourhood, the Delhi High Court has held that the Delhi government and land-owning agencies in the Capital have the right to revise land rules for this purpose.

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"The paramount consideration is to ensure that in this ever-growing Capital city, a nursery school is there in the neighbourhood to provide elementary education to children of tender age. So Master Plan Delhi 2021 facilitates putting of nursery school plots in question to mixed use," said Justice Sunil Gaur, while dismissing a petition filed by Chirag Cooperative Housing Society in Chirag Enclave that had challenged the allotment of a 800-square yard plot land by the DDA to the Tagore Education Society for running a nursery school.

The housing society contended that an illegal "double allotment" was made in favour of the society, first in 1966 and yet again in 2001 for the nursery school.

But the court upheld the DDA's contention that "nursery schools in the neighbourhood are good for children and due to the revision of the policy of minimum requirement of land for the purpose of nursery school in 2007, the nursery school plot in question was reduced to only 800 sq. yards.

The remaining land was put to use as a park for the residents of the petitioner society".

The court said there was prima-facie evidence that the society had failed to comply to various terms and conditions such as paying premium.

"The question of cancellation of allotment of nursery school plot... does not arise because the proposed allotment of the nursery school plot in question had never fructified in favour of petitioner society. So, there is no question of reallocating it to the respondent Tagore Education Society unilaterally or malafidely," the court said.

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