$~25.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No.8240/2014
DADA MALDEV GRAMIN VIKAS SAMITI VILLAGE
DARYAPUR KALAN ..... Petitioner
Through: Mr. R.K. Sharma with Ms. Dezy
Gaur, Mr. S.K. Rout, Mr. Pramod
Kumar and Mr. Syed Mohd. Mehdi,
Advs.
Versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Ms. Nidhi Raman, Adv. for GNCTD.
CORAM :-
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
ORDER
% 26.11.2014 CM No.19157/2014 (for condonation of 24 days delay in re-filing).
1. For the reasons stated in the application, delay in re-filing the petition is condoned.
W.P.(C) No.8240/2014.
2. This petition under Article 226 of the Constitution of India flags the issue, undoubtedly of public importance, of the respondent i.e. the Government of NCT of Delhi inspite of the newly constructed building of Updesh Kaur Sarvadaya Kanya Vidalaya situated at Village Daryapur Kalan having been found to be unsafe owing to the poor quality of construction thereof, from time to time carrying out repairs only therein, endangering the W.P.(C) No.8240/2014 Page 1 of 3 lives of the children studying in the said school and the staff working therein. The petition seeks directions for demolition of the school building and for immediate reconstruction thereof and initiation of an inquiry against those guilty of such poor quality unsafe construction.
3. The documents particularly the photographs of the school building filed with the petition indeed shocked our conscience and we feared for the safety of the young children studying in the said school. The counsel for the petitioner also opened his argument dramatically by contending that the Government and the Governmental Agencies have made a habit of inspite of warning, allowing a tragedy to unfold and owing to lethargy and red tapism not taking preventive steps.
4. However we found that the petitioner in the petition, save for stating that the said school is a 'recognized' school, had not disclosed whether it is a private aided school or a private unaided school or a Government school or a Municipal school and has also not made the school a party. Since the directions sought and to be issued depend on the said factors, we enquired of the same from the counsel. However the counsel himself was unaware and only after much consultation, tentatively stated that the school is a Government school.
W.P.(C) No.8240/2014 Page 2 of 3
5. Be that as it may, the counsel for the respondent appearing on advance notice confirmed that it is a school of the Delhi Government. It was also informed that the school is not functional from the subject premises / building, which has been cordoned off owing to being unsafe / dangerous and the children and staff have been shifted to another school of the Government of NCT of Delhi about 20 mtrs. away.
6. The counsel for the petitioner does not dispute.
7. However the said fact, though of prior to the filing of the petition, is not disclosed in the petition. On the contrary what is portrayed is as if owing to the school being allowed to continue to function from such unsafe / dangerous building, the safety of the children and the staff is at peril. We fail to understand why a factually wrong picture was painted.
8. In view of the above, we do not feel the need to entertain this petition and dismiss the same, cautioning the petitioner to in future, if filing another petition in public interest, make factually correct and precise pleadings.
CHIEF JUSTICE RAJIV SAHAI ENDLAW, J.
NOVEMBER 26, 2014/'pp'..
W.P.(C) No.8240/2014 Page 3 of 3