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HC issues notice
In Rajouri Village school coming up over graveyard
5/11/2009 10:37:16 PM
Early Times Report
Jammu, May11- Justice Mohammed Yaqoob Mir of Jammu and Kashmir High Court Jammu Wing today issued notice to State of J&K through Commissioner/Secretary School Education, Director School Education Jammu, District Development Commissioner Rajouri, CEO Rajouri and others returnable within four weeks and ordered that till filling of objections by the respondents the present position on the spot be not disturbed.
This direction was passed in a petition filed against the construction of school building on the land of graveyard.
After hearing counsel for the petitioners, Justice Mir observed that on the strength of material available coupled submissions made what emerges is that the construction of school building is proposed on the land covered under survey number 149 situated at Dassal Jattan as per revenue entries portion of the land is recorded in the name of temple, portion is recorded in the name of graveyard and portion is recorded as “gharmumkin rasta”, raising of construction is projected to be violative of certain religious rights and directed respondents not disturb present position on spot.
This direction was passed in a petition filed in the larger interest of the people of Dassal Jattan. In the petition it has been submitted that under the national/ central scheme of “Sarvo Shiksha Abayan” an EGS Center has been functioning at village Dassal Jattan Morha (Gharibaan) Rajouri in the house of one Mohammed Azam of the village for the last more than five years free of rent. Before the opening the said center, the concerned authorities of education department with the consent of the residents of the area selected the house of Mohammed Azam as the central place being within the easy reach of all school going children from all sites of the village. The said center has now been upgraded as a primary school. The said Mohammed Azam, who earlier offered his house for opening the school free of cost, donated two kanals of land from his property of village Dassal Jattan for the purpose of construction of school building being a center location and easy reach of school going children. The grievances of the petitioners that education department instead of raising the construction of school building at the present place have changed the site with the connivance with some vested interest and started the construction of school building in the extreme corner of the village on the graveyard land reserved for people of Muslim community where a mosque and temple are also situated. The residents of village Dassal Jattan and ors field the present petition in the larger interests of the people and school going children of the area through Advocate S H Shah Ashrafi challenging the construction of school building on the land of graveyard. JNF
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