Delhi High Court: Consent of co-owners needed before opening of play schools

Team SoOLEGAL 14 Apr 2018 1:32pm

Delhi High Court: Consent of co-owners needed before opening of play schools

New Delhi: In a ruling that may put an end to proliferation of play schools, creches in residential areas of the city,Delhi High Court has ruled that it is mandatory to get NOCs from other occupants of a building if one of the owners wants to start a pre-primary school on the premises. The ruling given by Justice V K Rao also said that as per the provisions of Master Plan and Delhi Municipal Corporation Act, the RWA's of the area also needs to be consulted before starting of commercial activities. The court said congestion, parking environmental and other social factors should be kept in mind before any permission is granted.

The ruling came in when the court was hearing a plea filed by co- owners of a multi-storey residential building in Vasant Vihar challenging the decision of the ground and basement floor owner to start a pre-primary school. The court agreed with the arguments of lawyers Ravi Gupta and Ankit Jain that in such cases the ground floor owner can’t go ahead without compulsorily getting NOC from the occupants of the other dwelling units in the building.

While arguing his case, the ground floor owner claimed that they are planning only a creche and day care centre for toddlers. And other co-owner fear of congestion  or privacy are over blown. However this argument was rejected by the court and the court said as per the MPD clause relating to schools   “the intent of the framer, was to deal with institutions dealing with toddlers, which include pre primary schools/Montessori schools/play schools apart from Crèche. Wherever reference has been made to preprimary/nursery/Montessori the same is a reference to ‘schools’ ".

Tagged: Delhi Hight Court   Master Plan   RWA's   Play Schools  
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