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Delhi HC rejects plea for children to walk from school to colony gate citing safety concerns [Read Judgment]

By Shreya Agarwal      04 January, 2024 12:09 PM      0 Comments
Delhi HC rejects plea for children to walk from school to colony gate citing safety concerns

New Delhi: Refusing a plea seeking for the parents of children of a school in a Pashchim Vihar colony to drop their children outside the colony gate, to regulate colony traffic, the Delhi High Court has said, "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."

A bench of Justice Subramonium Prasad directed the review petitioner to approach the authorities to find a solution to manage the traffic outside the school. 

The Review Petitioner was also directed to coordinate with the local residents to solve the issue which arises only for a small duration.

The Court was hearing a review petition seeking for a modification of its prior order wherein it had disposed of the Eden Castle School's plea seeking opening of colony gates for ingress and egress of school children, noting that the gates had already been opened.

It had also permitted the School to approach it again if the gates are closed again and if hindrance is caused again in the ingress and egress of children studying in the school, their parents, teachers and other staff members of the school.

The review petition was filed challenging the said order.

It sought for the Court to direct that parents who bring their child to 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.

However, the Delhi High Court disposed of the plea stating that the area had been earmarked for a school, and it was functioning with valid permissions. 

It observed that convenience of colony residents cannot outweigh the interest of the general public at large, and held, “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. 

“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, it added 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.

The review petition had claimed that due to the school, there is traffic congestion in the colony due to parents blocking the nearby road by parking their cars there. As per the RWA records, there are 419 registered members and 56 tenants in the area with 475 families residing around the school, it had stated.

Cause Title: Eden Castle School & Anr v Govt. of NCT of Delhi & Ors

[Read Judgment]



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