- (1.) In this civil writ petition purportedly filed in public interest, the petitioners, who are residents of Sector 7, Panchkula, seek quashing of the sanction letter dated 16.09.2010 (Annexure P-3) whereby the Estate Officer, Haryana Urban Development Authority, Panchkula has approved the revised building plan of Ajay Memorial Education Society (Regd.) (respondent No. 5), for the construction of a High School at Plot No. 1, Sector 7, Urban Estate, Panchkula, which according to the petitioners comprises the half portion of a public park. According to the petitioners, the construction and running of a High School at the plot in question not only violates the fundamental right to lead a quality life but also is contrary to the terms of the original allotment letter dated 08.12.1988 (Annexure P-1) and also to the guidelines laid down by the Board of School Education, Haryana. Similarly, the revised building plan violates the National Building Code of India, 2005 promulgated by the Bureau of Indian standard.
(2.) In sum and short the case of the petitioners is that the land measuring 3203 Sq. meters was allotted to respondent No.5 vide letter dated 08.12.1988 (Annexure P-1) to run a Nursery School subject to the terms & conditions contained therein including that the plot shall not be used for any purpose other than for which it was allotted and the school to be run from the said building should be recognized by the appropriate State Government or Central Government Authority. It is averred that while the residents of the locality had no objection to the running of a Nursery School, they were in for a rude shock when the 5th respondent demolished the building of the Nursery School and started digging up the subject site to construct a basement and a multi-storey building. The petitioners then came to know that the demolition of the existing structure or reconstruction at the site was on the basis of the revised building plan approved by the Estate Officer, HUDA, Panchkula, vide memo dated 16.09.2010 (Annexure P-3). The petitioners alleged that a three storey building, in addition to the basement sought to be constructed eventually to run a High School, is contrary to the terms & conditions of allotment. The petitioners have further averred that since the subject site is a congested place surrounded by residential houses, the school would become a perennial source of nuisance as not only all the roads would stay occupied by the vehicles plying to and fro the school through narrow lanes, causing not only noise and environment pollution but also increasing the high risk of accidents for the residents of the locality as well as the children to be admitted to the school. It is also suggested that the very allotment in favour of respondent No.5 is illegal and contrary to the principles laid down by the Hon'ble Supreme Court in New India Public School and others V. HUDA and others etc., 1996 5 SCC 510.
(3.) It is also the case of the petitioners that in the light of an order dated 3.9.2004 passed by this Court in Civil Writ Petition No. 8094 of 1997 (Vinod Kumar V. State of Haryana and others) whereby the States of Punjab, Haryana and Union Territory, Chandigarh were directed to close down all those schools which were being operated from residential premises, the Director Secondary Education, Haryana and Director, Primary Education, Haryana, have issued instructions dated 09.05.2005 which would equally apply to the site in question as the same is also surrounded by residential houses.;