Delhi HC questions MCD on leaving out classrooms from school renovation ambit

The court directed the MCD to move a proposal seeking requisite permission to construct classrooms within a week and further directed the ASI to take a call on the same within two months

New Delhi

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela raised concerns after MCD’s lawyer submitted that the authority only sought permission for repair of the existing structures. (Representative photo)

The Delhi High Court took exception with the Municipal Corporation of Delhi (MCD) for leaving out classrooms from the ambit of renovation of a school in Khirki village, with regard to the civic body seeking permission from the Archaeological Survey of India (ASI) to renovate the structure that shares a boundary wall with the Tomb of Yusuf Qattal, a Sufi saint.

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela raised concerns after MCD’s lawyer submitted that the authority only sought permission for repair of the existing structures, and the proposal for seeking permission for construction of classrooms was under preparation. There was mention of renovating boundary walls, toilet blocks and water space.

“If the school is to run, it will require classrooms as well, apart from the facilities for which permission for repair/renovation has been granted by the competent authority vide letter dated May 14, 2025. It is beyond comprehension as to how a school can run without classrooms and only with the facilities of boundary wall, toilet block and drinking water space alone,” the court observed in its July 2 order, released later.

Accordingly, the court directed the MCD to move a proposal seeking requisite permission to construct classrooms within a week and further directed the ASI to take a call on the same within two months.

“We further direct that if such an application/proposal is made, the competent authority shall consider the same having regard to the necessity of running the school, which was observed above cannot be granted without the classes. The decision by the competent authority shall be taken within two months from the date of proposal/application made by the MCD, seeking permission for construction of the classroom,” the court said in its order, while fixing October 8 as the next date of hearing.

The court was responding to a plea filed by the Khirki village residents’ welfare association, seeking reconstruction of the school. In its petition, the RWA said that the school’s old structure was demolished in 2012, and its 350 students were shifted to another MCD school. The ASI had stopped the reconstruction on the grounds that no construction was allowed in the tomb’s prohibited area and insisted that the MCD seek a no-objection certificate for reconstruction.

The RWA submitted that the high court disposed of a plea seeking similar relief last May, taking note of the MCD’s submission that it had applied for a fresh permission for reconstruction. While the court directed the ASI to take a call on the permission within six weeks, it was not complied with, the RWA said.

On April 30, the court reprimanded authorities for their failure to act on the court’s direction and directed them to resolve the issue. “We are astonished that an order passed by this court, which was to be complied with in six weeks, has taken about a year and still remains to be complied with. It is beyond our comprehension as to how the authorities are acting in this manner, both those of the MCD and ASI, risking initiation of contempt proceedings. Such a situation cannot be approved of by the court,” the bench had remarked in the last hearing.