AMIR ABIDI Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL), seeks, (i) a direction to the Directorate of Education (DoE) of the respondent No.1 Government of NCT of Delhi (GNCTD) to provide an alternative building provisionally for imparting education to the students of the Shafiq Memorial Higher Secondary School for a period of 18 months, till a new building is constructed; and, (ii) a direction to the respondent No.2 Management of Shafiq Memorial Higher Secondary School to forthwith take efficacious steps to prevent any uncalled for mishap, inclusive of abandoning those areas of the school which are imminently and likely to fall.

(2.) IT was the case of the three petitioners:

(3.) THE petition came up before this Court first on 4th April, 2014 when the DoE of the respondent No.1 GNCTD was directed to come up with a viable solution. Vide subsequent order dated 17th April, 2014, an Advocate Court Commissioner was appointed to take photographs of the building of the School. The subsequent order dated 23rd April, 2014 records the concurrence of the DoE that the School building "requires extensive repairs". It also records the contention of the respondent No.2 Management of the School that the existing building is to be pulled down and a new structure raised in its place. The respondent No.2 GNCTD was accordingly asked to submit a report.