Delhi High Court Voices Concern Over Proposed Auction of Raisina Bengali School
The Delhi High Court on Monday expressed significant concern regarding the proposed auction of Raisina Bengali School, labeling it as "an issue of public interest." A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia indicated a strong inclination to stay the auction proceedings currently pending before the Debt Recovery Tribunal (DRT). However, the bench refrained from issuing a formal stay order because the DRT had not been made a party to the petition.
Court's Observations and Legal Proceedings
During the hearing, the bench orally observed, "You take public land on lease and allow it to be auctioned? We are concerned about the land; it is an issue of public interest." This statement came while hearing submissions from the school management, which claimed it was making regular payments to settle the loan. The court permitted advocate Khagesh B Jha, representing the petitioner Justice For All, to file a fresh petition. This new petition must implead the DRT as a party and raise all relevant contentions.
Background of the Case and Allegations
The high court was hearing an application filed by an alumnus of the school in the main petition, which seeks a stay against the proposed e-auction. The school is facing mounting debt amid allegations of financial mismanagement. The plea argued that if the e-auction proceeds, the property may be sold to a third party, creating third-party interests and causing irreparable loss to the students. This loss, it stated, cannot be compensated in monetary terms.
Urging immediate intervention from the High Court, the alumnus also accused the Delhi government's Directorate of Education (DoE) of backing out of its earlier undertaking. The DoE had previously assured the court that it would take over the running of the school, located in CR Park. However, last month, the DoE informed the High Court that this decision could not be implemented because the school is a minority institution. The DoE clarified that a takeover would only be possible if the managing committee voluntarily surrendered its rights or if the court issued a specific direction to that effect.
Involvement of Delhi Development Authority
The Delhi Development Authority (DDA), which leased the land to the school in 1988, filed an affidavit in the case. It stated that two acres were allotted for the construction of a senior secondary school building, while another two acres were given on a temporary basis for a playground, with payment of nominal rent. Earlier, the court had questioned the DDA's decision to permit the school society to mortgage the property. The bench asked how the land-owning agency could allow such a mortgage when the land was allotted for a social purpose and not as a commercial property.
Historical Context and Previous Petitions
In 2022, Justice For All approached the high court opposing the auction of Raisina Bengali School, which is built on public land. The opposition was due to the school's failure to repay a loan of approximately Rs 8 crore. The petition argued that the auction would affect nearly 900 students, teachers, and staff members. That petition was disposed of after the DoE agreed at the time to take over the school's functioning, but this agreement has since been retracted.
