INFANT JESUS SOCIAL WELFARE SOCIETY, FARIDABAD AND ORS. Vs. THE ADMINISTRATOR, HARYANA URBAN DEVELOPMENT AUTHORITY, FARIDABAD AND ORS.

JUDGEMENT

(1.) The petitioners seek a writ of mandamus directing respondents No. 1 and 2 i.e. the Administrator, Haryana Urban Development Authority and the Estate Officer of HUDA, Faridabad to take action in accordance with law for closure of nursery schools run by the private respondents in shops and houses in the residential areas in violation of law and without allotment of site for such purpose in their favour.

(2.) The petitioners' grievance is that they run schools entirely in accordance with law from premises constructed upon plots earmarked for running primary nursery schools, whereas the private respondents i.e. respondents No. 3 to 42 as well as eleven other schools mentioned in the rejoinder filed today in Court run schools from premises wherein a school is not entitled to be run.

(3.) Respondents No. 1 and 2 rightly agree that any school being run from premises without the necessary permission and contrary to the terms of allotment must be shut down and that action ought to be taken against the owner(s) of the premises including for resumption and possession.