Delhi High Court Voices Concern Over Proposed Auction of Raisina Bengali School
The Delhi High Court on Monday raised significant concerns regarding the planned auction of Raisina Bengali School, describing it as "an issue of public interest." A bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia indicated a strong inclination to halt the auction proceedings currently before the Debt Recovery Tribunal (DRT). However, the court refrained from issuing a formal stay order because the DRT had not been included as a party in the initial petition.
Court's Observations and Legal Proceedings
During the hearing, the bench orally remarked, "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 listening to submissions from the school management, which asserted that it was making regular payments to settle its outstanding loan. The court granted permission to advocate Khagesh B Jha, representing the petitioner Justice For All, to file a new petition that impleads the DRT as a party and raises all relevant contentions.
Background of the Case and Allegations
The high court was addressing an application filed by an alumnus of the school within the main petition, which seeks a stay against the proposed e-auction. The school is grappling with mounting debt amid allegations of financial mismanagement. The plea argued that if the e-auction proceeds, the property could be sold to a third party, creating third-party interests and causing irreparable loss to the students. This loss, the plea emphasized, cannot be compensated monetarily.
In urging immediate intervention, the alumnus also accused the Delhi government's Directorate of Education (DoE) of reneging on its earlier commitment to the court. The DoE had previously undertaken to take over the operation 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 stated that a takeover would only be feasible if the managing committee voluntarily surrendered its rights or if the court issued a specific directive to that effect.
Involvement of Delhi Development Authority
The Delhi Development Authority (DDA), which leased the land to the school in 1988, submitted an affidavit detailing the terms of the lease. According to the affidavit, two acres were allocated for the construction of a senior secondary school building, while an additional two acres were provided on a temporary basis for a playground, subject to nominal rent payments.
Earlier in the proceedings, the court had questioned the DDA's decision to permit the school society to mortgage the property. The bench inquired how the land-owning agency could allow such an action when the land was originally allotted for a social purpose, not as a commercial property.
Historical Context and Previous Petitions
In 2022, Justice For All approached the high court to oppose the auction of Raisina Bengali School, which is built on public land. The opposition stemmed from the school's failure to repay a loan of approximately Rs 8 crore, arguing that the auction would adversely affect nearly 900 students, teachers, and staff members. At that time, the petition was disposed of after the DoE agreed to take over the school's functioning, a commitment that has since been withdrawn.
This ongoing legal battle highlights the complex interplay between public interest, property rights, and educational institutions in Delhi. The court's concerns underscore the potential broader implications for students and the community if the auction proceeds without adequate safeguards.
