Disposed

Panna Lal v. State of Hp and Others

Himachal Pradesh HC11 Nov 2024CWPIL/44/2022

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of a public interest litigation regarding the construction of a school building. After reviewing a report confirming the school's infrastructure is safe, the Court held the petition achieved its purpose but directed respondents to consider safety reinforcements.

What did the court decide?

Application disposed of; respondents to consider constructing retaining wall and fencing as suggested by the Secretary, DLSA.

Panna Lal Vs State of Hp and Others — Education and Admissions | Himachal Pradesh HC (2024)

¶1

¶2

2024:HHC:11107

¶3

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

¶4

CWPIL No. 44 of 2022

¶5

Date of decision: 11.11.2024

¶6

Panna Lal …Petitioner

¶7

Versus

¶8

State of H.P. & Ors. …Respondents

¶9

Co ram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice.

¶10

The Hon’ble Mr. Justice Satyen Vaidya, Judge.

¶11

Whether approved for reporting? No.

¶12

For the Petitioner: Mr. S. C. Sharma, Sr. Advocate with Mr. Ravi Patial, Advocate.

¶13

For the Respondents: Mr. Anup Rattan, A.G. with Rakesh Dhaulta, Mr. Pranay Pratap Singh, Mr. Govind Korla, Addl. A.Gs., Ms. Priyanka Chauhan and Mr. Sidharth Jalta, Dy. A.Gs.

¶14

Tarlok Singh Chauhan, ACJ (Oral)

¶15

The instant petition has been filed for grant of the following substantive reliefs:-

¶16

“(i) That the respondents may kindly be ordered to take into consideration the resolution as are passed by the gram panchayat and other social groups. As per annexures P-9, P-10, P-11, P-12, P-13 & P-17 for the construction of School Building for newly upgraded middle school at Village

¶17

¶18

2024:HHC:11107

¶19

Balahan, Tehsil Karsog, Post Office Chouridhar, Tehsil Karsog, District Manid, H.P.

¶20

(ii) That the respondent may kindly be ordered to take into consideration the requirement of constructing a school as per the schedule of The Right of Children to free and compulsory education act 2009.

¶21

(iii) That the respondent may kindly be ordered to see an appropriate feasibility of the present construction of middle school as compared with the land donated by Smt. Dasi Devi which has already entered in favour of Education Department vide mutation No.311 dated 12.04.2022.

¶22

(iv) That the writ mandamus may kindly be issued to direct the respondents to sanction the amount for the construction of school building and to complete the same in a time bound manner.

¶23

(v) That the respondent may kindly be ordered to produce all records concerning any decision which might have been taken for constructing of building before this Hon’ble Court.”

¶24

¶25

On 05.08.2024, the Court passed the following order:-

¶26

“Heard learned Senior Counsel for the petitioner and learned Advocate General for the respondents.

¶27

There is a dispute as to whether the construction of the Class Rooms made by the respondents in Khasra no.105/1 Charagahan Drakthan and 134/1 Jungle, measuring 02-03-00 Bighas in Mohal Katol 531, Tehsil Karsog, District Mandi, is a slopee area having accessible road and is safe enough to be used as a Middle School or not.

¶28

In this area, 3 Class Rooms of GMS Blahan, District Mandi, are located. The Secretary, District Legal Services Authority, Mandi, shall visit the School in question and

¶29

¶30

2024:HHC:11107

¶31

submit a report as to the topography of the land where the said School is located and also as to the safety aspect for the children who attend the said School.

¶32

Copy of the complete papers in the PIL be furnished to the Secretary, DLSA, Mandi, within one week.

¶33

The Advocate General also assures that the contour map of the above area will be made available on the next date of hearing and also to the Secretary DLSA.

¶34

List on 23rd October, 2024 for submission of a report by the Secretary, DLSA, Mandi.”

¶35

In compliance to the aforesaid directions, Secretary, DLSA has submitted his report, the relevant portion whereof reads as under:-

¶36

“I carried out the inspection of school in presence of aforesaid officials. The school is located on a sloped terrain. The terrain is rocky in nature. There is an accessible road to the school as there passes a link road behind the school. The school comprises of two buildings, one old and the other recently constructed. The old building (Annexure A-1) of the school comprises of four rooms (with one room situated on the first floor). There is small playground (Annexure A-2) in front of the said building. The new building (Annexure A-3) comprises of three rooms, with two rooms on the ground floor and one on the first floor. The two rooms on the ground floor have been fully constructed while the one on the stop floor is still under construction.

¶37

The aforesaid new building has been constructed on a downward slope adjacent to the school ground. The land surface whereon the building has been constructed appears to be solid rock. Both the buildings of the school

¶38

¶39

2024:HHC:11107

¶40

have been constructed after proper excavation and levelling of the slope. A road/path (depicted in Annexure A- 4) has also been carved for the new building from the school ground. The back side of the new building has been fully protected by a retaining wall (Annexure A-5) which also supports the school playground. I did not notice any Nallah nearby the school premises which can pose any threat to the safety of the children studying therein, during rainy season.

¶41

The old building as well as the playground area (which is properly fenced) of the school appears to be fully sate from the point of view of children. The new building of the school also appears to be safe but there is a requirement of retaining wall on its front as well as left side (Annexures A-6 & A-7). Besides, proper fencing is also required to be done on the front as well as the left portion of the new building from the safety point of view of the children. If that is done the school will be safe fro the children studying there from all aspects.”

¶42

Having gone through the inspection report, we are of the considered view that this school now has the requisite infrastructure i.e. building and playground.

¶43

Once that be so, obviously, the instant petition has achieved its purpose and is closed. However, the respondents would consider the desirability of constructing retaining wall and fencing the area as suggested by the Secretary, DLSA.

¶44

¶45

2024:HHC:11107

¶46

The petition stands disposed of in the aforesaid

¶47

terms, so also pending applications, if any.

¶48

(Tarlok Singh Chauhan) Acting Chief Justice

¶49

11.11.2024

¶50

(Satyen Vaidya) Judge

¶51

(sanjeev/yogesh)

Panna Lal v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

Panna Lal v. State of Hp and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

State of Hp Vs Desh Raj

Madan Lal Chauhan and Ors. Vs State of Hp and Ors.

Zydus Lifesciences Ltd. Vs Union of India and Others

State of Hp and Others Vs Ranjha Ram and Others

Additional Chief Secretary Forest Vs Ms Vidhimata Wood Pvt. Ltd.

Vijay Kuamr and Ors. Vs State of Hp and Ors.