Land for schools cannot be used for technical education: HC

The Delhi High Court has held that government land meant for running schools cannot be used for running establishments offering technical degree courses. The Court has also sought a response from the Delhi Development Authority (DDA) over alleged illegal transfer of such land for running institutes imparting technical courses.

The Court was hearing a plea challenging illegal permission for running institutions that flout the Master Plan of Delhi (MPD). The plea also sought the Court’s intervention to withdraw the permission. The matter pertained to about 6,000 sq-mt of land allotted to a private educational society in West Delhi. The DDA had allotted the land to the Triveni Educational and Social Welfare Society on March 10, 1998 on leasehold basis, for running a middle school. In 2002, the Society was granted permission for running Teachers’ Training course in the same school. However, while the permission was suspended on March 1, 2002, the Society continued to run the course from the school premises and developed it into a full-fledged B.Ed course.

The petitioner also told the Court that several more educational societies and private groups in Delhi were running higher education institutions on lands that have been exclusively reserved for schools under MPD. “It is very unfortunate that while there is already a shortage of space in the Capital, the land allotted for schools is instead being used for higher and technical education by private parties to make profit. The State Council Educational Research Training has affiliated several institutes that continue to earn profits by using government land. Some of the schools are claiming to have letter from the Deputy Director Institutional Land, Delhi Development Authority,” the plea said.

The DDA counsel, however, clarified that any letter by  the deputy director in “contravention of Master Plan does not create any right in favour of DDA” and as per its bylaws, “DDA does not allow any school to run a higher education institution”.

“As per the Master Plan for Delhi 2021 (MPD-2021) structural courses such as B.Ed. course, leading  directly to a degree/diploma are not permitted to run on land allotted for running a school and appropriate action in accordance with law is taken on such cases,” DDA told the Court.