School in the middle of the residential area
samar sandhu
(Querist) 04 November 2014
This query is : Resolved
We have been facing following problems:
1. Noise pollution caused by the loudspeaker, school band and blowing of horns has lead to deprivation of sleep of the residents. This can further cause various health problems including hypertension, high blood pressure and other ailments. Vehicular pollution causing bad air quality poses a serious health risk.
2. There are about twenty buses that keep on roaming at high speed in the streets from morning till evening blatantly flouting the prescribed maximum speed limit regulations. This endangers the lives of the residents especially the young children.
3. There is no school parking for visitors and other private vans. This leads to huge traffic stuck up on the streets, incessant blowing of horns causing inconvenience and disruption of normal routine of the local residents.
4. The vehicles including private vans and three wheelers parked right outside the residence are a constant source of botheration to the residents, depriving them their right to privacy and in some cases even leading to altercations.
5.The school has been blatantly flouting all the rules in the book including pollution norms, building norms.
6.The site was for a government primary school but for some unknown reasons auctioned to a private school which now runs with a strength of 1800 students l.
7.The public parks outside school are used by school bus drivers for the whole day and littered all over, a community rink hall is used by the school for functions, games etc.
8.Residents are not able to sit outside their house because of the 4 storeyed school building staring right at their face. There has even been cases of hooting and howling by school students.
9.The women of the house are uncomfortable while going outside because of dozens of drivers standing outside for hours.
10.The rate of property has come down drastically because of the nuisance caused by the school.
In addition, no consent of the local residents was taken while altering the master plan for the building of the school till higher secondary level (earlier primary school site), which is a grave injustice, and against the norms.As per zoning regulations and sub division clauses for Master Plans in Punjab / Govt. Policies area required for a senior/higher secondary school is 2.5 ha but the school has an area of only 1.7 ha.
Please suggest a legal remedy.
Devajyoti Barman
(Expert) 05 November 2014
Lodge complaint with local Municipality.
It would do nothing. Then go to high court in writ jurisdiction.
Rajendra K Goyal
(Expert) 05 November 2014
In most of cities schools are situated in residential area or surrounding area has turned in residential area. This is plus point for the area. If properly licensed, no irregularity.
1. If buses park, break traffic rules lodge complaint to police.
2. illegal parking by visitors should be objected by residents.
3. Resident Association should proceed to oppose all irregularities of the schools.
4. Functions arranged in common hall after due permission is not irregular.
5. If noise at night police complaint may be lodged.
6. Residents are not supposed to sit outside their house in street.
7. If any driver indecently behaves police should be informed.
Removing of school to far place would cause problem to 1800 students.
M V Gupta
(Expert) 05 November 2014
This is a case of public VS private interests. SC has in many cases held that finally public interest should prevail. Hence I agree with the views expressed by Shri Goyal. Residents should seek to solve the problems faced by them by complaining to the Police and other authorities. It should be possible to reconcile the interests of public and private individuals.
samar sandhu
(Querist) 06 November 2014
Thanks for the reply and valuable suggestions. I would like to clarify that I was not talking about residents sitting on the street but in their own verandah.
It's a urban estate and one of the most expensive place in the town.The problem is not why the school exists , it is about level(higher secondary) upto which it exists as it was a site for a primary school in the master plan when the residents bought the houses.The site for higher secondary is already there in two of the other places.This school started as a primary but slowly it was built until higher secondary, without the consent of the residents which is mandatory when a development authority changes a master plan.I would like to point out again that it is built on an area of 1.7 ha which is way below both CBSE and state government norms, it also shows that it is basically a site for primary.Also sir we believe that its not private interests vs public interests but corporate interests vs public (residents) interests
Also,there are cases where the honourable high court has given decision against the private schools.In a recent PIL filed in a case totally similar to this one in Punjab and Haryana High Court the honourable judge has categorically taken a pro residents approach and has directed the school authorities to restrict the school to the level it originally was and has also asked to restrict the admissions of students in future according to school capacity.
V R SHROFF
(Expert) 06 November 2014
Residents MUST complain TO Police and other authorities. & then PIL
malipeddi jaggarao
(Expert) 06 November 2014
Mr.Sandhu
I fully agree with the suggested solutions of expert Shri Rajendra Goyal.
According to me you can enlist n number of objections and inconveniences, but when the area is developed, there is no way except to bear some inconveniences when we live in community. Your inconvenience may be convenience to some other persons. For sake of enlisting, you can find many problems. But what is the solution except the solutions suggested by the expert? What disturbance due to the school during nights? When the society gives permission to conduct the functions, what is your problem? If you have problem, raise it in the meetings.
Do not pursue the matters where there are no substance. It will not give positive results except waste of time and money.
T. Kalaiselvan, Advocate
(Expert) 07 November 2014
You may follow the advises rendered by experts Mr.Rajendra K Goyal and Mr. Malipeddi Jagga Rao, which are found to be suitable and apt under the given circumstance.
