Surrender land or comply with allotment conditions: HC

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New Delhi, Aug 19 (PTI) Unaided private schools cansurrender their land and get compensation if they cannotcomply with the allotment conditions like hiking fees onlywith government permission, Delhi High Court said today. The conditions of allotment of DDA land at concessionalrates to these private schools include that they have to firstconsult the Directorate of Education (DoE) of Delhi governmentbefore hiking their fees. Refusing to pass an interim order as requested by theschools, Justice Sanjeev Sachdeva said they have got the landfrom Delhi Development Authority (DDA) on concessional rates. "If you don’t want the government grant (getting land atconcessional rates), then give it back," he said. "Surrender the land. They (DoE) will refund your money.They will pay you (schools) compensation and they will takeover and run the schools. You cannot pick and choose what youwill comply with," the court said and added "it is not a casefor interim injunction". The schools, represented by the Action Committee UnaidedRecognised Private Schools, submitted that the land allotmentletter was superseded by the lease deed which carried no suchcondition and sought a stay on three circulars of DoE as perwhich the fees have to be fixed after prior approval of thedepartment. Through these circulars, DoE had also asked the schoolsto submit their account details. The Committee has challenged three DoE circulars ofFebruary 19, April 16 and July 15 of this year, saying thesedecisions incorrectly interpreted the allotment condition. The judge, however, said he was bound by the rulings ofthe Supreme Court and a larger bench of Delhi High Court thatthe allotment letters, containing the conditions, have to beread with the lease deed. He also made it clear that he would not extend the datefor filing the account details beyond August 22. The court issued notice to the Lieutenant Governor, DoEand DDA seeking their replies on the Committee’s plea beforethe next date of hearing on November 10. (More) PTI HMP PPSARC

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