- (1.) Leave granted.
(2.) This appeal is directed against the judgment of the Division Bench of the Delhi High Court. The appellants claim to be one Federation of East of kailash and Kailash Hills' Welfare Association, the Residents' Welfare association Block B, East of Kailash and the Residents of Welfare association Block A, East of Kailash. They approached the Delhi High Court making a grievance that there is no community centre in the locality and therefore some land should be allotted for having a community centre. In those proceedings counter-affidavit was filed indicating that Delhi development Authority (DDA) has allotted lands measuring 1500 sq. m. in favour of National Heart Institute, 49, Community Shopping Centre, East of kailash, and Uday Shankar Academy of Creative Dance. The petitioners amended their writ petitions challenging the said allotment, inter alia, on the ground that the land allotted in favour of Respondents 2 and 3 is not sustainable as the same does not come within the purview of the notification dated 20-9-1995. The High Court however considering the objections raised by the petitioners and the stand taken by DDA as well as Respondents 4 and 5, came to the conclusion that the allotment in favour of Respondents 2 and 3 is valid. The High Court further directed DDA that the prayer of the appellants be considered for allotment of an alternative site so that a community centre can be built up. It is against this direction and judgment of the High Court, the present appeal has been preferred.
(3.) Mr Sushil Kumar Jain, learned counsel appearing for the appellants contended that the nursery school site could be allotted for providing facilities contained in clauses (i) to (xi) if such facilities are not available in the vicinity. According to the learned counsel, since there are a large number of health centres in the locality and further there are also fine arts schools in the locality, the allotment in favour of Respondents 2 and 3 must be held to be contrary to the notification in question.;