In the case titled Gomti River Bank Residents Through Secretary Girdhar Gopal v. State of U.P. Through Principal Secretary, Housing and Urban Development and Others (PIL No. 3436 of 2020), the Allahabad High Court has been addressing significant public safety and regulatory compliance issues related to schools operating in residential areas of Lucknow. The petition was filed by the Gomti River Bank Residents Association, represented by Secretary Mr. Girdhar Gopal, highlighting the non-compliance of several schools with safety standards and regulations.
Legal Issues Involved
The primary legal issues in this case revolve around:
– Compliance with Safety Standards: Whether schools in residential areas are adhering to the safety guidelines laid down by the Supreme Court in the Avinash Mehrotra case (2009) and other regulatory bodies.
– Traffic Management: Addressing the severe traffic congestion caused by schools in residential areas, which affects the general public.
Court’s Decision and Observations
The bench, comprising Justice Alok Mathur and Justice Brij Raj Singh, made several critical observations and directives:
1. Compliance Affidavit: The State submitted an affidavit detailing the inspection and safety audits conducted in schools. It was reported that out of 29,382 schools, 14,262 had been inspected for structural and non-structural safety for the quarter January to March 2024.
2. Further Verification Required: The court directed the respondents to furnish a complete report on the inspections conducted in specific districts, including Barabanki, Faizabad, Sitapur, Jhansi, and Shamli, to verify the compliance details provided.
3. Traffic Concerns: The court expressed serious concerns about the traffic snarls around schools, which have worsened post the summer recess. The court noted, “The public in general is adversely affected due to the stoppage of the traffic in the vicinity of schools which is a matter of great concern” and called for immediate action to streamline traffic management.
4. Committee Formation: A committee led by the District Magistrate of Lucknow was directed to inspect schools operating in residential areas and submit a detailed report on their compliance with safety standards. The committee includes senior officers from various departments such as the Central Board of Secondary Education (CBSE), Indian Certificate of Secondary Education (ICSE), U.P. Fire Service Department, and others.
5. Next Hearing: The case has been listed for the next hearing on August 23, 2024, where the court expects a comprehensive report on the inspections and measures taken to address the traffic issues.
Quotes from the Judgment
– “The public in general is adversely affected due to the stoppage of the traffic in the vicinity of schools which is a matter of great concern.”
– “It seems that nothing concrete in this regard has been done and accordingly, the Additional Advocate General has prayed that he may be granted some time to look into the said issue and discuss the same with the Senior State authorities responsible for the traffic management.”
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Parties and Counsel
– Petitioner: Gomti River Bank Residents Through Secretary Mr. Girdhar Gopal
– Respondents: State of Uttar Pradesh Through Principal Secretary, Housing and Urban Development, and Others
– Counsel for Petitioner: Abhinav Bhattacharya (Amicus Curiae), Ashok Kumar Singh
– Counsel for Respondent: C.S.C., Akhilesh Kumar Kalra, Anand Kumar Kaushal, Chandra Bhushan Pandey, Ratnesh Chandra, Shailendra Singh Chauhan, Siddharth Lal Vaish, Tushar Mittal, Vinay Singh
