Remove encroachers in Yamunanagar school: Supreme Court

Satya Prakash

New Delhi, March 3

Stating that there can’t be a school without a playground, the Supreme Court today ordered the removal of encroachment from the premises of a school in Yamunanagar district.

A Bench, led by Justice MR Shah, reversed a 2016 order of the Punjab and Haryana High Court to legalise the unauthorised occupation of a school land on the payment of market price by the encroachers, terming it “a very serious error”.

“There is no playground at all. The school is surrounded by the unauthorised construction made by the original writ petitioners. Therefore, the unauthorised occupation and possession of the land, which is reserved for the school and the playground, cannot be directed to be legalised. There cannot be any school without a playground. Even the students, who study in such a school are entitled to a good environment,” said the Bench, which also included Justice BV Nagarathna.

Holding that the land in question comprising Khasra numbers 61/2 and 62, belonged to the gram panchayat and the school, the Bench gave 12 months to Satpal and other villagers to vacate it, failing which the appropriate authority has been directed to remove their unauthorised and illegal occupation/possession.

“According to the latest demarcation, it cannot be disputed that the original writ petitioners (seven villagers) are in illegal occupation of the Bhagwan Pur gram panchayat land in Yamunanagar to the extent of 5 kanal and 4 marla of the 11 kanal and 15 marla reserved for the school,” it said.

A demarcation was carried out at the behest of the sarpanch with regard to Khasra numbers 61/2 and 62 showed unauthorised possession by seven villagers.

Eviction proceedings were initiated on March 25, 2009, under Section 7(2) of the Punjab Village Common Land (Regulation) Act and the Assistant Collector concerned passed the ejectment order on August 30, 2011, against the encroachers, who finally moved the HC.

The HC accepted their proposal to pay for the encroached land and give the school a land adjoining to its campus and directed the encroachment to be legalised on payment and appropriate vacant land be given to the school. However, the SC quashed the order.