Upgrading schools beyond Delhi Development Authority’s mandate: High Court

The ruling will open the path for the private schools to expand their areas and create more infrastructure

The upgradation of schools, from primary to senior secondary, is neither the domain nor the jurisdiction of the Delhi Development Authority (DDA) and has to be done by the Delhi government and the Central Board of Secondary Education (CBSE), the Delhi high court has said while holding that no additional charge would be levied from the private schools on DDA land for the increase in floor area ratio (FAR) area in accordance with Master Plan of Delhi (MPD)-2021.

The Delhi high court’s judgment comes on an appeal by DDA against an earlier single judge order that ruled in favour of the schools. (HT Archive)

Read here: MCD needs more monkey catchers in Delhi, offers higher fee

The ruling will open the path for the private schools to expand their areas and create more infrastructures. Prior to this, DDA was seeking the money for the increased FAR area for any expansion activity in the schools.

The court’s judgment comes on an appeal by DDA against an earlier single judge order that ruled in favour of the schools.

In a judgment on May 26, a bench of justices Najmi Waziri and Vikas Mahajan said that since the schools have been permitted an enhancement of FAR on the allotted land as per MPD-2021, no upgradation charges are leviable because the land already stands allocated and only the additional FAR is to be utilised.

“The statutory effect of the MPD cannot be denied to the schools/societies. The perpetual lease deeds/allotment letters would have to be read meaningfully along with statutory/vision documents viz the Master Plan-2021. Not doing so would be tantamount to denying a statutory right created in favour of the schools. The statutory notifications cannot be overridden by way of an office order issued by DDA,” the court said in a 17-page judgment on May 26.

Bharat Arora, president, Action Committee of Unaided Private Schools termed the judgment as historic.

Read here: Heated discussions in MCD House over desilting of drains in Delhi

“The judgment has finally given justice to 100 plus schools across Delhi. This will allow schools to upgrade their infrastructure, add more facilities and provide more opportunities to its students. This will support the successful implementation of the National Education Policy (NEP). The fight was long and challenging but has finally paid us. Schools shall get ample spaces to cover needs of 21st century education,” he said.