RENKA DEVI Vs. STATE

JUDGEMENT

(1.) The petitioner, in this petition, has, inter alia, prayed for the following reliefs:

(2.) The brief facts of the case are that the State Education Department sanctioned a new Primary School in the year 2008 at Hanswar, Paddar under SSA Scheme after converting the EGS Centre which was functioning in the house of the petitioner without any rent since 2004. It is submitted that since due to non-availability of land for construction of aforesaid Primary School, the construction work could not be initiated by the Department, the husband of the petitioner, who was working as EV in EGS Centre, Hanswar, and was also converted as ReT in the year 2008, on asking of the VLEC members and also by the then ZEO, donated his land for construction of the school building and that an Agreement was also executed between the husband of the petitioner and the then ZEO to the effect that the construction work would be allotted to the petitioner, who was engaged as Chowkidar for the aforesaid EGS Centre. It is claimed that thereafter the petitioner was told to initiate the construction work and was also told that an advance payment of Rs.0.75 lac would be released in her favour after completion of some formalities. It is submitted that due to non payment of advance amount, the work could not be initiated, more so, the ZEO was also transferred and respondent No.4, who joined at his place has failed to act upon in terms of the Agreement aforesaid as the Panchayat Members, who were not having good terms with the family of the petitioner, approached the concerned Authorities with a request that the donated land of the petitioner is not feasible for opening of New Primary School. It is further submitted that the inhabitants of village Hanswar including the VLEC member approached the Deputy Commissioner, Kisthwar with a representation requesting the Deputy Commissioner to allow the petitioner to do the allotted work, who, in turn directed respondent No. 3 to verify the fact. It is pleaded that respondent No. 4 has verbally directed respondent No.5 to start construction of New Primary School over the land of the petitioner in violation of the norms. It is pleaded by the petitioner that she spent more than Rs.50,000/- for dumping the material for the said construction of the aforesaid School, more so she could not cultivate his agricultural land donated for the said purpose during these two harvesting seasons. It is submitted that the aforesaid facts were brought to the knowledge of respondent No.3 by the inhabitants of village Affani and respondent No.3 by virtue of order dated 16.03.2012 directed respondent No.4 to stop the work henceforth. However, respondent No.4 by throwing all the norms and agreement to wind has verbally directed respondent No.5 to start construction of the School Building despite the fact that respondent No.3 has directed respondent No.4 to stop the construction work.

(3.) On service of notice, the respondents put their appearance and filed objections. The stand of the respondents is that the EGS centre Hanswar was opened in the year 2004 on the recommendations of VLEC Affani, Zone Paddar and memorandum of understanding duly signed between husband of the petitioner and VLEC of the revenue village Affani. It is submitted that as per the guidelines for opening of EGS Centre, it was obligatory on the part of village Level Education Committee to provide the accommodation for the students enrolled in the said EGS center and in accordance with the these guidelines, EGS centre Hanswar was made functional in the year 2004 in the house of husband of the petitioner, namely Jia Lal who was also engaged as EV in the said Center. In the year 2008, the said EGS Center was upgraded to the level of Primary School and consequent thereupon, school building was sanctioned by the Department concerned under SSA in the year 2010-11. It is also submitted that ZEO Paddar had paid rent to husband of the petitioner @ Rs.200 per month, as such, the plea of the petitioner that rent has not been paid is baseless It is submitted that the petitioner has not been engaged as Chowkidar in the said EGS Centre as the said centre was running in her house. That the then ZEO Paddar requested VLEC Affani to provide the land for construction of school building which submitted Resolution in favour of husband of petitioner and Mr. Joginder Singh. It is submitted that due to Panchayat elections in the year 2011, neither the Agreement was signed, nor the construction work was assigned to anyone, however, the ZEO Paddar directed JE SSA to submit the feasibility report of the land donated by husband of the petitioner and Mr. Joginder Singh and as per the direction of ZEO, JE SSA Zone Paddar submitted the feasibility report wherein it was submitted that land owner Mr. Joginder Singh should be granted permission for construction of the aforesaid School as his land was found fit for construction of school building and as per the recommendation of JE, Mr. Joginder Singh was directed to start the construction of Primary School under supervision of VLEC Affani. It is submitted that in pursuance of the direction of ZEO Paddar, Mr. Joginder Singh has also completed the construction of the said School upto plinth level. With regard to the plea of the petitioner that she has dumped material over the land, it is submitted that respondent No.4 had never directed the petitioner for initiation of construction work on her land, for, the JE concerned had recommended the land of respondent No.5 fit for construction of school building. Lastly, it is submitted that all the norms have been complied with by the official respondents and due to pendency of this writ petition, no further work has been done by respondent No.5.