SUMAN K SHRIVASTAVA
Ranchi, Aug. 9: The Jharkhand High Court has directed the Dhanbad Deputy Commissioner and Superintendent of Police to ensure construction of boundary wall around playground of DAV Public School, Rangmatia, Sindri.
A single bench of Justice Gautam Kumar Choudhary, while disposing of a petition filed by Umesh Goswami, father of a class IX girl student, on August 7 observed that when the school has bonafide title of lease in its favour issued by a competent authority, none can interfere with its peaceful possession without any right, title or interest.
The court observed that the district administration is duty bound to provide security to the school administration to enable the construction of the boundary wall over the plot in question.
Lawyers Jaiprakash Gupta and Pandey Neeraj Rai appeared for the petitioner.
One Asha Hembram, the Secretary of Mahila Visthapit Morcha, Sindri, had filed an interlocutory petition stating that tribals were dispossessed of their ancestral land 1947 for establishment of Sindri Fertilizer Corporation of India Ltd.
Her main plea was that the said land was in the usage of Adivasi people for their cultural programme like Sarna Puja, Sarhul, Karma, Sohrai prior to establishment of Sindri Fertilizer Corporation of India Ltd. “The management of Sindri Fertilizer Corporation of India Ltd. has hatched a plan to deprive the members belonging to scheduled tribes of their fundamental rights of performing their religious programmes and made capture in 139 decimals of land,” she added.
The court, however, rejected her contention, saying admittedly the land had been acquired way back in 1947 and no such claim was ever made on behalf of the intervenor before any legal forum. “Under the circumstance the intervenor has no right to intermeddle with the settled possession of the school,” it added.
The petitioner’s counsel argued that the Right of Children to Free and Compulsory Education Act, 2009 is provided for free and compulsory education to all children. “The schedule provides that the building of the school shall consist of a playground and there shall be an arrangement for securing the school building by boundary wall or fencing. In absence of boundary wall, the security of the children is in jeopardy,” he stated.
The district administration officials, including SDO, SSP and the Officer In-charge, Baliapur stated that the construction of boundary wall was being opposed as some religious dispute arose. The Circle Officer stated that on the requisition of DAV School, the police force was deployed but there was strong resistance on the part of the local persons in construction of the said boundary wall.
The Principal of the DAV School, however, said that in spite of all efforts being made by the school administration, the boundary wall could not be constructed due to non-cooperation on the part of the district administration.
The court said that the moot question involved in the instant petition is whether lawful possession can be interfered with by any party without any modicum of title?
“Matter involves fencing of the playground of Senior Wing of DAV Public School, Rangamatia, Sindri, which has been leased to the school along with the building by Fertilizer Corporation of India vide lease agreement dated 14.5.1999. It is not disputed that the land in question was acquired way back in 1947. No claim of possessory or proprietary title has been put forward from any quarter. However, the construction of boundary wall is being opposed by certain social groups claiming them to displaced Scheduled Tribe association,” the court observed.
“So, the parties who claim such right are at liberty to approach the Civil Court for adjudication of their rights, but perse they cannot take law in their hand and interfere with the construction of boundary wall on the lease hold area of the school. To hold otherwise shall be against the rule of law which is the foundation of the Constitution of India,” the court said.
