A.K SIKRI, C.J: (Oral)
The petitioners-Schools had applied for regular recognition and in one of the applications submitted by these schools for this purpose, following objection has been raised by the Director, Secondary Education, Haryana, Chandigarh, vide his letter dated 11.6.2007:-
“No objection certificate for change of land use is not there.”
In fact, the objection is to the effect that ‘No-Objection Certificate’ is not provided along with the application seeking regular recognition. This is challenged by means of present writ petitions and the contention of learned counsel for the petitioners is that requirement of change of land use was prescribed for the first time in the rules formulated in the year 2003 and, therefore, this requirement could not be imposed upon the petitioners-Schools, which are in existence since 1992-93.
It is not in dispute that the petitioners started their schools on agricultural land, therefore, de hors Rules, 2003 the legal position is that there cannot be a school on agricultural land unless the land user is changed. Therefore, whether or not this condition is imposed for the first time in the Rules of 2003 will not have any bearing and it would be necessary for the petitioners to seek the change of land use, in any case.
Faced with this legal position, learned counsel for the petitioners submit that schools will apply for the change of land use, however, in the meantime, the schools may be allowed to run.
Since the petitioners-Schools are existing since 1992-93, the petitioners are given an opportunity to move applications for change of land use with the prescribed authority. Such applications shall be filed within a period of two months from today and on receipt of these applications, the competent authority will consider the same on their own merits. In the meantime, till the decision is taken by the competent authority, these schools shall be allowed to operate.
With these observations, petitions stand disposed of.
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