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VALPOI
The Jawahar Navodaya Vidyalaya (JNV) Parents Teachers Committee at Valpoi has written to the Chief Justice of the High Court of Bombay, seeking early hearing of an appeal filed by Navodaya Vidyalaya Samiti (NVS) and its principal, and another appeal filed by the State government, which are pending before the High Court for nearly 15 years.
In its petition, the PTC recalled that the Additional District Judge at Mapusa had in 2005 declared the plaintiffs to be co-owners in possession of property surveyed under Survey No 41/1 at Massordem-Sattari, with further direction to remove the structure in the property by NVS and restore the land to its original position and hand over the same to the plaintiffs.
The JNV School, a residential school affiliated to Central Board of Secondary Education with classes from Std 6 to Std 8, was started at Valpoi in 1987 in the building complex of Police Training School, thereafter identified and handed over a land admeasuring 1,17,950 sq metres (approximately 30 acres), surveyed under Survey 41/1 to establish the school.
At present, more than 330 students are presently studying in JNV school at Valpoi.
“It appears that during the Portuguese regime, the land was granted by the erstwhile Portuguese government in favour of a private party on long lease on certain terms and conditions, one of such conditions was the cultivation of the property in the given time frame.”
“As the lessee could not cultivate, the government after liberation appears to have revoked the earlier grant. This resulted in a civil suit by the legal heirs of the original grantee. The suit was decreed by the court of the Additional District Judge at Mapusa. Two appeals were filed by two interested parties, challenging the judgment and decree,” stated the PTC.
The PTC stated that given the restraint order passed by the single judge of the High Court, no repairs and maintenance work of the building complex was undertaken by the NVS for more than 20 years.
“For want of repairs and maintenance, the condition of the buildings became precarious and unsafe for students and teachers residing in the complex. The roofing and tiling work had broken, electricity wires were hanging at every place.”
The PTC said parents then approached the high court and the court granted permission and issued directions to the NVS to carry out the major repairs based on the report of S V National Institute of Technology, Surat.
“In view of the directions of the high court, more than Rs 6.5 crore has been spent by NVS on repairs of the building complex,” stated the PTC.
The PTC pointed out that the school building complex is surrounded by forest cover, being part of the Mhadei wildlife sanctuary.
“There are instances wherein wild animals and reptiles having entered the complex during night time, endangering the safety of the children and the teachers.”
Claiming that the two appeals have been pending since 2005 and 2006, the PTC has requested the Chief Justice to pass appropriate orders and request the single judge concerned to hear and decide the appeals in some reasonable time frame.
