See if school land encroached by mosque, shops illegally: Delhi High Court to MCD

New Delhi: The Delhi High Court on Wednesday directed the MCD to check whether a mosque and shops had encroached on a school's land in Wazirpur and ensure safety of students.

A bench of Chief Justice D K Upadhayaya and Justice Tushar Rao Gedela asked the Delhi Municipal Corporation (MCD) to treat the PIL of Save India Foundation as a representation on the issue.

The MCD counsel said the religious structure predates the school and in case of any grievance, the petitioner ought to have approached the religious committee which deals with the issues of demolition of authorised religious structures.

When the counsel said the alleged shops were in fact "sheds" located outside the school's boundary, the bench ordered, "Be that as it may, grievance in the petition has to be redressed. We direct that averments made in writ petition will be taken as representation and be considered by MCD. In case the said allegations are verified, the report be prepared after survey." In case any illegal construction related the religious structure was found, the court said, the matter was to be referred to the religious committee for appropriate action.

Observing there were allegedly certain "unchecked" openings to enter the school, the court said it should be MCD's duty to "ensure proper security" of students, particularly girls.

"Since school is run and managed by MCD, it shall be the duty of MCD to ensure proper security for students is put in place. The necessity for maintaining security assumes more importance as a good number of girl students study there," the court added.

The order went on, "We direct that in case there is any opening, which is unchecked, appropriate action shall be taken by MCD to secure such openings so that students, especially girl students in school, are provided adequate security." The court further directed for appropriate action against the unauthorised shops.

The PIL alleged a "shocking encroachment" on the school land by a "high rise religious structure with several shops underneath" and sought their removal.

"MCD opened a school on the government land allotted by DDA after completing all formalities. The said school is being run by the MCD since last several years and slowly , it seems that due to the callous attitude, the mosque has been constructed on the land of the school with several shops underneath illegally," it alleged.

Pointing out the presence of loudspeakers and claiming several windows and doors opened towards the school, the PIL said the situation breached the safety and security of students.

"Several hundred girl students are studying in the school which needs protection from all trespassing in the school campus," it added.