New Delhi: Delhi High Court recently observed that convenience of colony residents cannot outweigh the interest of the general public at large. The court was hearing a review petition which sought modification of an earlier order passed by the court with respect to entry/exit of children from a school located in Paschim Vihar.
“The place where the school is functioning has been earmarked for the school only and the school is functioning with valid permission. It is not as if the petitioner’s colony is the only colony where a school is functioning inside the colony. Since there is no error apparent on the face of the record and the attempt of the petitioner is to re-argue the case, this court is not inclined to entertain the instant review petition,” said the single judge bench of Justice Subramonium Prasad.
The review petition claimed that due to the school, there is heavy crowding and the parents block the nearby road by parking their cars on the road. The school in question is in Paschim Vihar and as per the RWA records, there are 419 registered members and 56 tenants in the area with 475 families residing around the school, it stated.
Seeking a modification in the court’s order dated September 13, 2023, the petition urged that the parents who bring their child to the school in their private cars shall drop their child outside the colony and that the school must take adequate steps to provide security guards/personnel to regulate the traffic jam in the colony.
The court dismissed the review petition and stated that the petitioner has not been able to point out any error apparent on the face of the record. Rather, the petitioner has chosen to re-argue the case and has sought for a fresh direction that the parents who are coming in car to drop their children to the school be directed to drop the children outside the colony, the court noted.
“A child studying in a primary class cannot be expected to walk in rain and blistering heat from the school to the gate of the colony. At the time when the school opens and when the school time is over, there is bound to be rush for which the remedy before the review petitioner is to approach the authorities to depute persons to manage the traffic. Ingress and egress to the school cannot be stopped as it will cause problems to the school as well as the general public,” the court observed.
However, the court stated that the cars which drop the children to the school and pick them back cannot be permitted to be in the colony for the entire duration of the school hours granted liberty to the review petitioner to approach the authorities and find a solution to manage the traffic outside the school.
“The review petitioner is also directed to coordinate with the local residents to solve the issue which arises only for a small duration,” said the bench.
Earlier, the school had approached the court and sought a direction to the authorities to ensure free ingress/egress of children studying at the school, their parents, the teachers and other staff members of the school, as well as the general public, which was being “restricted by closure of gates on the public road” in Paschim Vihar.
“The place where the school is functioning has been earmarked for the school only and the school is functioning with valid permission. It is not as if the petitioner’s colony is the only colony where a school is functioning inside the colony. Since there is no error apparent on the face of the record and the attempt of the petitioner is to re-argue the case, this court is not inclined to entertain the instant review petition,” said the single judge bench of Justice Subramonium Prasad.
The review petition claimed that due to the school, there is heavy crowding and the parents block the nearby road by parking their cars on the road. The school in question is in Paschim Vihar and as per the RWA records, there are 419 registered members and 56 tenants in the area with 475 families residing around the school, it stated.
Seeking a modification in the court’s order dated September 13, 2023, the petition urged that the parents who bring their child to the school in their private cars shall drop their child outside the colony and that the school must take adequate steps to provide security guards/personnel to regulate the traffic jam in the colony.
The court dismissed the review petition and stated that the petitioner has not been able to point out any error apparent on the face of the record. Rather, the petitioner has chosen to re-argue the case and has sought for a fresh direction that the parents who are coming in car to drop their children to the school be directed to drop the children outside the colony, the court noted.
“A child studying in a primary class cannot be expected to walk in rain and blistering heat from the school to the gate of the colony. At the time when the school opens and when the school time is over, there is bound to be rush for which the remedy before the review petitioner is to approach the authorities to depute persons to manage the traffic. Ingress and egress to the school cannot be stopped as it will cause problems to the school as well as the general public,” the court observed.
However, the court stated that the cars which drop the children to the school and pick them back cannot be permitted to be in the colony for the entire duration of the school hours granted liberty to the review petitioner to approach the authorities and find a solution to manage the traffic outside the school.
“The review petitioner is also directed to coordinate with the local residents to solve the issue which arises only for a small duration,” said the bench.
Earlier, the school had approached the court and sought a direction to the authorities to ensure free ingress/egress of children studying at the school, their parents, the teachers and other staff members of the school, as well as the general public, which was being “restricted by closure of gates on the public road” in Paschim Vihar.