Schools can’t be without playgrounds, says SC; orders removal of encroachment from Haryana schools

Satya Prakash

New Delhi, March 3

Maintaining that there cannot be a school without a playground, the Supreme Court on Friday ordered removal of encroachment from the premises of a school in Yamuna Nagar district of Haryana.

A Bench led by Justice MR Shah reversed a 2016 order of the Punjab and Haryana High Court to legalise the unauthorised occupation of school land on 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 unauthorized construction made by the original writ petitioners. Therefore, the unauthorized occupation and possession of the land, which is reserved for the school and the playground, cannot be directed to be legalized. 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 Nos. 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 and unauthorised occupation of the Bhagwan Pur Gram Panchayat land in Yamuna Nagar district of Haryana to the extent of 5 kanal and 4 marla out of 11 kanal and 15 marla reserved for the purpose of the school, it said.

The High Court committed a very serious error in directing to legalise the unauthorized occupation and possession made by the original writ petitioners on payment of market price, it said, quashing the high court’s order.

Terming the high court’s order as “unsustainable”, the top court said, “Even the other directions issued by the High Court are not capable of being implemented, namely, to segregate the vacant land from the residential house and which can be separated and utilised for earmarked purposes, i.e., school premises.”

A demarcation was carried out at the behest of the Sarpanch with regard to Khasra Nos. 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 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.