- (1.) Cm APPL. 26263/2018 (for vacation of stay) By this application, the Respondent No.1 seeks vacation of the order of stay, passed by us on 1st June, 2018, which reads thus: "W.P.(C) 6402/2018 & CM No. 24580/2018 (stay) 3. Issue notice to show cause as to why rule nisi be not issued. 4. Mr. Sandeep Bajaj, Advocate accepts notice for respondent No.1 and Mr. Mini Pushkarna, learned Standing Counsel accepts notice for respondents no.2 & 3. 5. Time is sought to file counter affidavits. Let the same be filed within six weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing. 6. List on 5th September, 2018. 7. In the meantime, the respondents shall stand prohibited from converting any land meant for use as a school or park into multilevel parking. The respondents are restrained from raising any further construction on the impugned sites. Order be given dasti under the signatures of the Court Master."
(2.) The writ petition, filed in public interest, contains the following prayers: "In the light of the following averments, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to: a) Issue writ of mandamus or any other appropriate writ/order direction to the Respondents/Municipal Corporation of Delhi to ensure that Schools or School Playgrounds and Children Parks and Land or Plots earmarked for Schools or School Playgrounds or Children Parks; allotted to the respective Municipal Corporation, for the benefit of Children of Delhi, by way of making provisions in the Statues and Master Plan 2021, within their respective jurisdiction; shall not be used for any other purpose, other than building and running such Schools or School Playgrounds or Parks. And; b) Pass all necessary directions to uphold "the Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE)", which ensures right of free and compulsory education to children in India under Article 21A of the Indian Constitution and reiterate that education has become a fundamental right of every child since the Act came into force on 1st April, 2010. c) Pass any other or further orders/directions, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
(3.) A reading of the prayers contained in the writ petition, as extracted above, makes it clear that the petitioner does not, in the writ petition, espouse his cause qua any particular plot or piece of land, but seeks an omnibus mandamus, directing the respondents to ensure that schools, school playgrounds, childrens parks and lands/plots earmarked for the said purposes, as per the Master Plan of Delhi (MPD) 2021, be not used for any other purpose.;