Govt-run school’s wall illegal,waste of public money: court

Reminding the school that the money wasted in construction and demolition of the wall belonged to the public,Commercial Civil Judge (CCJ) Pulastya Pramachala also directed a departmental inquiry be held find the officer responsible.

CCJ Pramachala was hearing a petition filed by the residents of the houses neighbouring the school.

According to the residents,who had been living in the area since 1987,they had opposed the construction as it was in violation of the approved site plan,which stated that a gap of three metres should be there between the wall and their houses. Additionally,the wall would also restrict them from opening their doors,windows and ventilators and flout their easement rights to get sunlight and air,they contended.

Their appeal to the school authorities,however,yielded no result and in 2000,many trees were pruned and a concreted lane was uprooted for the construction of the wall.

Looking for reprieve,the residents subsequently moved the court and named the Delhi government,Directorate of Education (DoE),the school and the PWD executive engineer parties in the litigation.

On perusal of records,CCJ Pramachala found that as many as five officers from different government departments had submitted affidavits that were similar. “These affidavits seem to be filed in a mechanical and routine manner,” the judge said,holding these witnesses could not be relied upon.

The court further noted that in 1990 the DDA had sent a revised site plan for the school to the DoE,but during the construction of the wall the school did not adhered to it.

“The case shows a very pathetic situation of working of different organs of the same government,where some department of the government (DoE) do not pay any attention and response to the communication given by other department (DDA),” noted CCJ Pramachala.

Pulling up the concerned authorities,the court further said,“It is not to be forgotten that money in the hands of the government and its various departments is public money and any waste of this money amounts to its misuse.”

Allowing the petition,the court has directed the school to demolish the wall within 30 days from receiving the order.