This story is from July 27, 2017

Disqualify corporators if playgrounds encroached: HC

Disqualify corporators if playgrounds encroached: HC
Nagpur: Coming down heavily on the ward members (corporators), the Nagpur bench of Bombay High Court held that they should be disqualified if playgrounds in their constituencies are found encroached. The strictures came while hearing the PIL by guardians of students studying in Kamptee School pointing out about absence of playgrounds in their area.
“We make it clear that it’s the responsibility of the chief executive officer (CEO) of Zilla Parishad (ZP) and ward members elected from concerned areas to see that there is no encroachment on playgrounds in their vicinity.
If any encroachment is found/surfaces, the concerned ward member shall be liable to be disqualified in adherence to the provisions of the law,” a division bench comprising justices Bhushan Dharmadhikari and Rohit Deo warned, before disposing of PIL.
The PIL was filed by Naeem Akhtar, Mohammad Arif and Faizan Akhtar through counsel Prashant Shende in 2013, related to encroachment on playgrounds of 17 schools in Kamptee. Kamptee Municipal Council made a statement that all encroachers have been removed, after which the case was disposed of.
The judges, however, gave directives to register an independent PIL regarding absence of playgrounds in 145 schools, as pointed out by the petitioners counsel. Shende also brought to fore that even elementary safety measures were not provided in all these schools, thus risking the lives of hundreds of children. The judges asked registry to take this point into consideration in new PIL and also to add all respondents of earlier case.
After Shende expressed willingness to assist in new PIL, the court told him to draft the petition within three weeks. Accordingly, he prepared a comprehensive PIL and submitted it in the court. It may come up for hearing before same division bench on Thursday, he told TOI.
During hearing of original PIL, it was Shende who pointed out that like Kamptee School, there are 145 other schools in district where playgrounds are used for parking of buses, trucks and private vehicles as well as commercial activities by the vegetable and other vendors. He cited Section 19 of Right of Children to Free and Compulsory Education Act, 2009.

The education officer then attracted court’s attention to government’s resolution of October 26, 2012, where he informed that school managements needn’t have playgrounds in their areas and it’s open to them to provide the facilities by entering into a contract with owners of an open land.
The judges, however, made it clear to him that pointing out to the GR wasn’t going to help the his stand. “The officer is duty bound to maintain the educational standards and must be paying regular visits to all schools. Whether the managements have made such arrangements or not, ought to have been pointed out by him in his reply. When list of 145 schools lacking facilities is brought to the notice of this court, this stand is too evasive,” the judges pointed out.
(With inputs from Mohnish Nelarwar)
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