Suppressing the existence of the Teachers Training Institute (college) and despite the DDA CLA’s legal opinion in favor of Mirambika, in a clear demonstration of its real intent to give the Teachers Training Institute and Mirambika a quiet burial, here’s how SAES has replied to the DDA SCN:
- A Perpetual Lease Deed dated 9th November 1984 was executed by DDA in favour of the Society with respect to land measuring 5 acres for “College building”. Further, a Temporary Lease Deed dated 9th November 1984 was executed by DDA in favour of the Society with respect to another parcel of land measuring 4.84 acres for play field.
- The Master Plan for Delhi 2001 (MPD 2001), as applicable from the year 1980 till 2000, defines the term “College” at Code 086 of the ‘Definition of Use Premises’ under the “Schedule to the Development Code” as follows:-
“A premises with educational and playing facilities for students of under- graduate and post-graduate courses under a university. It includes all professional disciplines.“
- Similarly, the Master Plan for Delhi 2021 (MPD 2021), which is now applicable and otherwise enforceable since the year 2001, defines the term “College (including Professional College)” at Sr. No. 6 of Table 13.21 for “Educational Facilities” under the head ‘Definitions and Permissible Use Premises in Sub Use Zones” as follows:
“A premises having educational and playing facilities for students of under-graduate and post-graduate courses under a university. It includes all professional disciplines.”
- A perusal of the aforesaid definitions as contained in the MPD’s issued by DDA clearly shows that the term college has three essential ingredients namely: (i) the facility should be for students of under graduate and/or post-graduate courses, (ii) the said courses include all professional disciplines, and (iii) the said courses should be under the aegis of a university.
- It is submitted that the Society is in the process of establishing a College having educational and playing facilities for students of under-graduate courses in the field of engineering under the aegis of the Guru Gobind Singh Indraprastha University (commonly known as the IP University). The under-graduate degree awarded on successful completion of such courses is a B.Tech. degree (Bachelor of Technology). Such courses being in the nature of professional technical education courses require approval from the AICTE, which is the nodal body in India for granting such approvals. Upon grant of approval, it is the University, which grants affiliation.
- It is noteworthy that approval by AICTE as well as affiliation with a University will depend upon the provision of a minimum specified infrastructure like building premises, engineering equipment, computers, laboratories, lab material, instruments, etc. Therefore, the activity of seeking approval of the AICTE for setting up an Engineering College does not in any manner violate the conditions of Perpetual Lease as setting up an Engineering College is well within the permissible use for which the land has been allotted by DDA. The definition of college cannot be given a very narrow or a limited definition, which would otherwise be contrary to Law as reiterated by successive Master Plans of Delhi, which includes all professional disciplines.
- It is most humbly submitted that the use of the prefixed phrase “unaided private” to the term “Engineering College” in the Show Cause Notice is out of context and again misplaced as it has no relevance in as much as that the MPD does not make any such distinction/exception while defining the term “college”. The allegation of “intentional and willful” violation of the terms & conditions of the allotment is hereby vehemently denied in as much as that seeking the approval of AICTE for setting up of an Engineering College (whether an “unaided private” or otherwise) is not in violation of the terms & conditions of the allotment or the Perpetual Lease. All facts pertaining to the land for college building were disclosed to AICTE. The allegation of concealment of facts or misrepresentation is totally vague and baseless. What has been concealed or misrepresented has not been stated in the SCN. It is submitted that the activity of setting up a College that will conduct under-graduate and post-graduate courses in the field of Engineering under a recognized university is an activity within the scope of the purpose for which the land has been allotted by DDA and therefore does not require any prior written permission from the Lessor under the Perpetual Lease Deed. The college will be managed and governed as per terms of affiliation with a Central or State Governed approved University.
- It is not out of place to put on record that enquiries reveal that many Engineering Colleges are functioning on land having a status similar to that of the Society.
- Based on the above submissions, we request you to withdraw the Show Cause Notice No. F-15(1)69/IL/DDA/885 dated 23-06-15 under intimation to us and oblige.”
If the SAES had any intent of preserving Mirambika, it could have used the existence of the Teachers Training Institute (college) and the DDA CLA’s legal opinion in favor of Mirambika to reply to the DDA SCN. In any case, SAES’ approach of confronting the DDA and insisting upon the engineering college on the basis of the current MPD could well lead to misuse charges (from 1984 till 2015) as well as the 9.84 acres being repossessed by DDA for public auction.