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Right To Education Can't Be Cited Against Sealing Schools
By Sumit Kumar, Section News
Schools on encroached land cannot shield themselves from sealing or demolition on the ground that it would affect the fundamental right of children to primary education, the Supreme Court has ruled. This ruling assumes significance as it comes within a day of the Centre promulgating an ordinance halting the apex court mandated sealing drive against unauthorised colonies and a host of illegal constructions in other areas of the Capital.
A Bench comprising Justices Arijit Pasayat and D K Jain said, ``merely because Article 21A of the Constitution has treated primary education as a fundamental right does not confer any right on an encroacher to seek regularisation of encroachment on the ground that ultimately some children of the particular age group would be taught in the school.'' The case pertained to a school run by `Ekta Mahila Mandal', a group of housewives interested in social service, particularly in creating opportunities for children from lower income groups. The NGO had approached City and Industrial Development Corporation of Maharashtra for regularisation of its school allegedly functioning from a green belt of Sector N-7 of Budha Vihar in Aurangabad. When CIDCO refused, the NGO moved the Aurangabad Bench of Bombay High Court seeking allotment of the green belt plot for the school claiming that there were very few trees there.
The HC, after getting a local commissioner's report, felt that after insertion of Article 21A in the Constitution, primary education was a matter of fundamental right and CIDCO should regularise the school and allot the plot to the NGO at a concessional rate.
CIDCO moved the Supreme Court in appeal and pointed out that it had no policy to regularise encroachments, particularly in areas earmarked for green belt. The SC said it was not open to the HC to make a departure and order regularisation of the encroached structure as in connected matters it had earlier directed removal of other encroachments. ``In essence what the HC has directed is to regularise an unauthorised occupation and regularisation of unauthorised encroachment,'' Justice Pasayat said while setting aside the HC order.
Source: TOI, 19/9/2007
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