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Issues: (i) Whether land reserved as part of a park in a residential layout could be allotted by the Development Authority for a nursery school without violating the statutory scheme under the development law and rules; (ii) whether the allotment made in favour of the educational institution was liable to be cancelled.
Issue (i): Whether land reserved as part of a park in a residential layout could be allotted by the Development Authority for a nursery school without violating the statutory scheme under the development law and rules.
Analysis: The statutory scheme required the master plan and zonal development plan to indicate land uses and to reserve land for open spaces, gardens, recreation grounds and schools. Even if a nursery school need not be separately shown in the zonal development plan as distinct from higher schools, the layout plan for a residential colony had to provide for both nursery school space and park space. On the facts found, the site allotted to the institution formed part of a park, and the original layout did not provide for such conversion of park land into school use.
Conclusion: The land allotted to the institution could not lawfully be carved out from park land for a nursery school, and the allotment was contrary to the statutory scheme.
Issue (ii): Whether the allotment made in favour of the educational institution was liable to be cancelled.
Analysis: Since the allotment was made in respect of park land in violation of the governing development provisions, it amounted to a misuse of power and an allotment in contravention of law. The existence of construction at the site and the inconvenience caused by shifting the school did not legalise the unlawful allotment.
Conclusion: The allotment was liable to be cancelled.
Final Conclusion: The appeal succeeded, the illegal allotment was set aside, and the institution was permitted a limited period to make alternative arrangements for shifting the school.
Ratio Decidendi: Land reserved as park/open space in a residential layout cannot be diverted to another use by executive allotment unless the statutory development scheme permits such diversion; an allotment made in breach of the scheme is liable to be cancelled as an illegal exercise of statutory power.
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