RAMESHWAR SINGH MALIK, J. - (1.) THE petitioner, by way of instant petition under Article 226/227 of the Constitution of India, is seeking a writ in the nature of Mandamus, directing the respondents not to change the use of open space/park, situated in front of the houses of HIG Block in Sector 29, Faridabad. The petitioner seeks further direction to the respondents not to tinker with the original plan, wherein area in question was shown as open space/park, which was being sought to be changed for construction of school.
(2.) NOTICE of motion was issued and pursuant thereto, written statement of Estate Officer, HUDA, Faridabad, was filed on behalf of respondents No. 1 and 2. A separate reply was filed by way of affidavit on behalf of respondent No.3. Learned counsel for the petitioner vehemently contended that Haryana Housing Board-respondent No.3, issued an advertisement in the year 1980, inviting applications for allotment of houses in Sector 29, Faridabad in LIG, MIG and HIG categories. Houses under different categories, noted above, were allotted to the eligible persons. However, petitioner is concerned only with the HIG category. It is contended that as per the brochure issued by respondent No.3, amenities like water, sewerage, electricity and park/open space etc., were to be provided for the use of the residents.
(3.) LEARNED counsel for the petitioner further contended that respondents have no authority, to use the open space for setting up a school by illegally allotting, the said open space to respondent No.4. He next contended that converting the open space into school will be prejudicial to the interest of the petitioner, whose members are residing nearby. He also relies upon Section 79 of the Haryana Urban Development Authority Act, 1977. ('HUDA Act' for short), to contend that respondents would be violating the provisions of law contained under Section 79 of the HUDA Act, by converting the open space/park into the school. To substantiate his arguments, learned counsel for the petitioner, relies upon the judgment of the Hon'ble Supreme Court passed in Virendra Gaur and others versus State of Haryana and others, Civil (appeal) No. 9151 of 1994, on 24.11.1994.;