Letter to DDA and GNCTD for compliance

Vice Chairman, DDA

Sub: WP 8954-59/2003

Sir,

In the PIL under reference, on 27.10.2004 Hon’ble High Court was pleased to order as follows:

“It is true that in the matter it is pointed out by the learned counsel for the petitioner that in fact some parcels of land indicated in the lay-out plans as for the use as Nursery Schools are being used as integrated schools. On behalf of the Education Department, it is stated that only those schools which meet with the norms have been granted permission for upgradation. The learned counsel for Delhi Development Authority (for short “DDA”) submitted that no permission has been obtained from the DDA. It is clear that when a layout plan has been prepared, any variation thereon must be according to the law. If any change is required to be made in such a plan, then only DDA can take appropriate action. In such a situation, it is for the Education Department to move the DDA for making necessary changes in the layout plan. So far as the other violators are concerned, it is pointed out on behalf of the DDA that show cause notices have been issued to the persons who have violated the conditions and it is assured that action will be taken against such violators in accordance with law after considering their replies. Let the action be taken within a period of 12 weeks. With this direction the petition is disposed of.”

From the annexures in DDA’s counter-affidavit of 26.10.2004 (sworn by Mr J S Sindhu, Director (Lands)) it is clear that practically all schools are functioning in violation of the approved layout plan, etc, notably on sites allotted to them for smaller schools. The period of the show-cause notices to schools that DDA had submitted in Court has elapsed and two-thirds of the time granted by the Hon’ble Court has also passed. Not only does it appear that no action has been taken to rectify the violations, admission processes seem underway / starting as if nothing has happened. Under the circumstances:

  1. We would like DDA / GNCTD to take appropriate steps to ensure that public at large is adequately informed that these schools are unlikely to remain schools up to Class-XII and of other implications of the Hon’ble High Court’s order so that parents can decide about enrolling their children in them accordingly.
  2. We would also like to know what measures are being taken by the authorities and the schools for enforcement of Delhi Master Plan Common School System (which, and not penal action against schools, is the explicit objective of our efforts inclusive of our PIL, as is well known to all concerned from our communications since 2000) or if the initiative for this is expected from us.

We hope you will treat this with utmost urgency and let us know if we can assist in any way. If we do not hear from you by the time the schools open after winter vacation, we will be constrained to take up the matter otherwise, which we are inclined to avoid since our endeavour remains, as always, to arrive at amicable solutions with ample scope for reasonable interests of all.

Yours sincerely

Gita Dewan Verma MPISG Planner

cc: Chief Secretary, GNCTD

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