Bombay High Court disposes of PIL regarding school run by a Society

The Bombay High Court has held that the Society that runs the school can very well take up its cause with the authorities and even before the quasi judicial and judicial forum.

The Division Bench of Justice  S.V. Gangapurwala and Justice S.G. Dige disposed of a Public Interest Litigation (PIL) filed by a social worker at the behest of a High School.

According to the petitioner, the personnel of the school approached the petitioner to help them as the premises allotted to the school in redevelopment was not viable and the same would not be in accordance with Regulation 38 of the Development Control and Promotion Regulation (DCR 2034).

On each floor, that is from second to seventh floor, one flat is allotted. There is no separate entrance to the school. Playground is not provided.

The Counsel for the petitioner submitted that the Respondents were duty bound to provide the premises and facilities as per Regulation 38 of DCR 2034.

“The school is run by the Society. It is not the case of the petitioner that the Society is not in a position to prosecute its cause. The Society that runs the school can very well take up its cause with the authorities and even before the quasi judicial and judicial forum. The Society does not appear to have approached the authority concerned with regard to the allotment of the premises nor have approached this Court,” held the High Court.

The case is not affecting the rights of the people at large. It is restricted to a society running a school. It is for the society to prosecute its cause, the Court opined.

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