Notice to Delhi Government, RBI on petition against auction of Raisina Bengali School Notice to Delhi government, RBI on petition against auction of Raisina Bengali School

digital desk, New Delhi. The Delhi High Court on Monday issued notice to the Delhi government and the RBI on a PIL filed against the auction of the state-aided Raisina Bengali School at CR Park here. The petition said that around 900 students, teachers and other staff members would be affected by the auction.

Chief Justice D.N. Patel, the petitioner’s advocate Khagesh B. On the PIL filed by Jha, the Reserve Bank of India (RBI), Delhi Government, issued notices to all the respondents including the Economic Offenses Wing of Delhi Police. This petition has been filed on behalf of Nyay for All, an NGO.

It has been said in the petition that the petitioner was surprised to know from a news report about the auction of Raisina Bengali School established in 1985 for non-repayment of loan. The Debt Recovery Tribunal had ordered the auction on November 11.

It has been directed to conduct e-auction of the property of ASREC India Vs Raisina Bengali School at a reserve price of Rs 81 crore, which will hamper the education of not only the existing students but also other prospective students of the locality, the petition said. . This would violate the rights given to the students under Article 21A of the Constitution.

The petitioner’s PIL is neither against the government nor against any private school, but has sought the intervention of the court to protect the rights of the students.

The petitioner has filed several writ petitions in the public interest and this court has passed landmark judgments in most of the cases regarding their intervention in the interest of EWS/DG category children and also for their rights.

The present writ petition also seeks to bring to the fore a serious error on the part of the bank in mortgage of the leasehold land of the school.

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According to the PIL, the school land is public land and is even protected under the SARFAESI Act, 2002.

The Delhi Development Authority (DDA) cannot allot a plot and change the lease without the consent of the User Department of the Government of Delhi.

It is illegal to use the land without adding the provision of NOC in the lease deed and without issue of NOC contrary to the statutory provisions.

According to the petition, in case of failure to repay the loan, even if the bank sells the property and the balance amount is received by the DDA, the land use cannot be changed directly.

If the school plot is converted into a plot for a commercial mall, hotel or multiplex, then the economically weaker child of the city will be deprived of the basic right to education.

(IANS)

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