'Indispensable For Their Physical Growth': Delhi High Court Upholds Decision To Use Park Land As Playground For MCD School Children
The Delhi High Court has upheld a decision of Municipal Corporation of Delhi (MCD) for using a land as playground for one of its school here instead of an ornamental park for public. Justice Mini Pushkarna said that the requirement of the parcel of land for school students as a playground is indispensable for their physical development and growth. The Court dismissed a plea moved by...
The Delhi High Court has upheld a decision of Municipal Corporation of Delhi (MCD) for using a land as playground for one of its school here instead of an ornamental park for public.
Justice Mini Pushkarna said that the requirement of the parcel of land for school students as a playground is indispensable for their physical development and growth.
The Court dismissed a plea moved by various individuals seeking directions on MCD to comply with their undertaking of September 2011 before the trial court agreeing to develop the land situated in city's Model Town area as an ornamental park for public.
The plea was filed after the MCD sought to put the land in question to be used as a playground for the adjoining government school.
Rejecting the plea, Justice Pushkarna said that the area in question being a residential area, where primary or middle school is permissible, amendment in the layout plan to show the use of the land, in conformity with its actual land use, was in accordance with law.
“It is clear that as per the scheme of the DMC Act and the MPD 2021, layout plan is within the domain of the MCD. Amendment in the layout plan of the area, in terms of the "Use Zone" as prescribed in the Master Plan for a specified area, would not entail any violation of the Master Plan,” the Court said.
It added that the MCD had merely undertaken steps to bring the layout plan at par with the actual user of the land to which it has been put for a long time, i.e., the MCD school.
The Court observed that once the existence and running of a government 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.
Justice Pushkarna found 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,” the Court said.
It concluded that the petitioners were unable to show any legal or vested right with them for use of the land in question as an ornamental park by disregarding the need for a playground for school children.
“This is especially so, when a huge park measuring 100 acres by the name “Shalimar Garden” exists within 30 meters from the school site in question. Besides, use of the land in question as a "playground", would not affect the fresh air and sunlight to the houses of the petitioners,” it said.
The Court found no justification in the prayer of the petitioners to use the parcel of land meant for playground for school students of the 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,” it said.
Title: MOHIT GOEL AND ORS v. GOVT OF NCT OF DELHI AND ORS