School operating on Nazool land, no one above law
Srinagar: The District administration today accused prestigious Presentation Convent School of resorting to illegal activities by constructing structures on Nazool land and even alleged that the school authorities were making children as shield to hamper enforcement of law.
A spokesman of the Srinagar district administration refuted the allegations made by the school administration that it was being harassed by Nazool officials.
The spokesman said the school was operating on Nazool land under the lease hold rights expiring on 18-09-2017. He said within the premises of the school a new construction was coming up without the permission of the Nazool department, which is mandatory under the law.
Acting on a complaint, the spokesman said, Nazool officials visited the site and advised the school authorities to produce relevant documents which they failed to do on the spot. The officials advised them to come to the office of the Assistant Commissioner, Nazool on 6th of July along with the documents, said the spokesman, adding, The School authorities shrugged away the advice, continued with the work on this illegal structure and did not turn up on the specified date with the documents.
The Nazool authorities, the spokesman added, contacted the SMC from where it was given to understand that though the School had been given the permission in July 2012 but subsequently the same was put to abeyance for want of other legal formalities including the NOC from Nazool.
Accusing the school of causing inconvenience, the spokesman said, The School authorities were asked to stop the work on 07-07-2013 through the law enforcing agency against which they have come up with the notice and put the children to trouble by closing down the classes on 8th of July, 2013.
The spokesman said the procedure adopted by the government is purely legal to establish the rule of law. However, the School authorities are using children as a shield. The district administration has taken a strong note of this and cannot allow anything unlawful.
The spokesman said the school was running from the leased land by virtue of an agreement with the Nazool Department on behalf of the Governor of the state, and is bound to abide by the stipulations under the Land Grants Act, 1960.
The Land Grants Act specifies that the Lessee cannot undertake any construction on the leased land without the prior permission from the lessor. Besides, the school has undertaken an agreement with seal and signature, specifying that they shall not raise any construction on the open land without permission of the lessor and the lease hold will be governed by the provisions of the Land Grants Act, 1960, the spokesman added.
The school, as per the section 4 of Land Grants Act, is supposed to be a registered charitable society established for a non-profitable purpose. The above mentioned defaults on the part of school administration are grave violations under the Land Grants Act and can lead to the termination of the lease. The parents and the society, in general, are requested to support the efforts taken by the administration to enforce the law since nobody is above law, the spokesman said.
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