The order dated 25.01.2007 of High Court is pasted below. For details of PIL please visit the home page of www.socialjurist.com
Ashok Agarwal
Advocate
M: 9811101923
Date: 27.01.2007
IN THE HIGH COURT OF DELH AT NEW DELHI
W. P. (C) NO. 43 OF 2006
IN THE MATTER OF:
SOCIAL JURIST
.PETITIONER
VS.
GOVT. OF NCT & ORS.
.RESPONDENTS
ORDER
25.01.2007
At the oral request of the counsel for the petitioner, we direct the DDA to be impleaded as a party to this petition. Mr. Ajay Verma, on the directions of the court, accepts notice on behalf of the DDA. Let copy of the writ petition be furnished to him during the course of the day. He shall seek appropriate instructions before the next date of hearing.
It is alleged in this petition that more than 10,000 unauthorized and unrecognized schools are being run in the premises, which are primarily meant for residential purposes. The reliance is also placed upon a press report which stated that because of a blast in the furnace factory, the life of 100 kids of the schools being run in the adjoining areas were endangered and wherein two people had also died. This state of affairs can hardly be permitted to continue. It is obligatory upon the part of the public authorities to ensure due compliance to the rule of law.
It is conceded before us that every school has to seek recognition/approval of the competent authority under the provisions of Delhi Education Act as well as seek permission of the corporation or the relevant public authority for running a school. Needless to notice that every school must have basic amenities and space and it shall not create a nuisance or obstruction for enjoyment of the property by the neighbourers and members of that colony.
Under the existing law of DDA, the Institutional/school areas are earmarked in the master/zonal plan. Adherence thereto is the obligation of all the concerned including the schools who have come up in the picture in view of the contentions raised in this petition.
Before we pass any orders directing stringent measures to be taken against such unauthorized, unapproved and unrecognized schools, it will be appropriate to grant an opportunity to the concerned authorities to place before the court list of such schools along with their policy decision in regard to running of such schools.
List on 31.1.2007. Copy of this order be given dasti under the signatures of the Court Master.
Sd/-
SWATANTER KUMAR, J.
Sd/-
H. R. MALHOTRA, J.
JANUARY 25, 2007
NG