Mangesh Achrekar vs Union of India Th. Secretary, Ministry of Defence

Kanjurmarg to enter and leave through Gate nos.4, 5 and 6 to attend their schools. According to the Petitioner, there are some schools located within the NCHC premises and if the gates are closed, the children are required to walk an extra one Kilometer around the premises.

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The Petitioners are parents of some of the students who are stated to be studying in the schools located within the premises of the Naval Civilian Housing Colony, (‘NCHC’) Kanjurmarg. The Respondent No. 1 is the Union of India, the Respondent No. 2 is the Estate Officer, in-charge of the said premises, the Respondent No.3 is the State of Maharashtra, Respondent No.4 is the Municipal Corporation and the Respondents No 5 to 7 are the Schools inside the premises of the NCHC.

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By Order dated 24^th January 2025 notice was issued to all the Respondents indicating that an endeavor shall be made to dispose the matter finally at the stage of admission, even if none appeared for the Respondents. The Respondent No.1 and 2 appeared through Ms. Anamika Malhotra, learned counsel and Mr Vikrant Parshurami, Learned AGP appeared for the State. Ms Jyoti Mhatre, Learned counsel appeared for Respondent No. 4 and none appeared for Respondents No. 5-7.

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Since it is the grievance of the Petitioners that the Respondent No. 2 did not respond to their representation dated 1^st November 2023, by Order dated 27^th February 2025, we granted

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them liberty to make a fresh representation to the Respondent. Ms. Malhotra on instructions, stated that as soon as the representation was received by them, the Respondents would decide the same within 1 week. Thereafter, we had requested the parties to make an endeavor to resolve the matter by discussions inter se. Ms. Gayatri Singh, Learned counsel appearing for the Petitioners informed us that she had a discussion with the officers of the Respondents No.1 and 2 and the matter was being worked out.

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Today, when the matter was called out the officers of the Respondents were present before us. The officers themselves and through their counsel informed us that their senior authorities had agreed to allow, entry/exit for school children from Classes 1 to 4 who were studying in the two schools within their premises namely, Dr Datta Samant Madhyamik Vidyalaya and St Xavier’s High School and Jr. College, on certain terms and conditions. They stated that the said conditions were conveyed to the Petitioner’s counsel. We have gone through the terms and conditions and are satisfied that considering the security requirements within the NCHC premises, which are defense premises, the grievance of the Petitioners shall be adequately redressed

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if the primary classes children are allowed to enter the gates on the

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terms agreed to by the Respondents. Hence we pass the following order.

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ORDER

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The students from Class I to Class 4 studying in the schools which are situated within the premises of NCHC are permitted to enter/exit from the specified gates of NCHC on the following terms:

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