There cannot be a school without a playground, the Supreme Court said on Friday while ordering the removal of encroachments from the premises of a school in Haryana.
A bench of Justices MR Shah and BV Nagaratna termed as “very grave error” a 2016 order of the Punjab and Haryana High Court directing authorities to legalize unauthorized occupation of school land by encroachers on payment of market value I went.
The bench said that after going through all the orders of the High Court and the authorities concerned and as per the new demarcation, it cannot be disputed that the original writ petitioners (seven villagers) are in illegal and unauthorized possession of the land of Bhagwan Pur Gram Panchayat . To the extent of 5 kanals and 4 marlas out of 11 kanals and 15 marlas reserved for school purpose in Yamunanagar district of Haryana.
“There is no playground. The school is surrounded by unauthorized construction done by the original writ petitioners. Therefore, direction to legalize unauthorized occupation and occupation of the land reserved for the school and playground cannot be passed. No school can exist without it. The bench said that the students studying in such a school are also entitled to a good environment.
The apex court noted that it was found that there is no playground of the school in Khasra No. 61/2 and neither is there any Panchayati land attached to Khasra No. 62. The land which is near the said Khasra number, belongs to some other person, which is not there. Ready to sell it.
It is noted that the said land is about 1 km away from Khasra No. 61/2 and 62 (of the school) and it is established from the facts that the original writ petitioners have encroached about 5 kanals and 4 marlas of land for the school. Gram Panchayat marked
“From the new sketch/map, it is seen that the petitioners have occupied more than 200 square yards and the High Court has directed to determine the market value of the land, which is in possession of the original writ petitioners, i.e. the land on which the houses are built. The High Court has also passed orders that wherever vacant area can be separated from the residential house, the same can be separated and used for the prescribed purposes, Which is the school premises.
It said that the apex court is of the opinion that the directions issued by the High Court are not enforceable.
“In the circumstances, the High Court has committed a very grave error in directing to legalize the unauthorized occupation and possession made by the original Writ Petitioners on payment of market value. Even other directions issued by the High Court to be implemented are not capable of, i.e. separation of land vacant from residential house and which can be alienated and used for prescribed purposes, i.e., school premises,” it said.
The top court set it aside and set aside the High Court order, which was held to be unsustainable.
The top court, however, gave 12 months time to the villagers, who have encroached on the land, to vacate it and if they do not vacate it within a year, then the appropriate authority should be informed about their unauthorized and illegal occupation and The removal of the possession is directed. ,
At the outset, the top court observed that the land bearing Khasra numbers 61/2 and 62 of the Gram Panchayat and the school is in unauthorized occupation by the villagers.
It was noted that on the application of Sarpanch, Gram Panchayat, a demarcation was done in respect of Khasra No. 61/2 and 62 showing unauthorized occupation by seven villagers.
Subsequently, eviction proceedings under Section 7(2) of the Punjab Village Common Land (Regulation) Act were initiated on March 25, 2009 and the Assistant Collector of the area passed an eviction order on August 30, 2011 against the encroachers.
The aggrieved encroachers appealed to various appellate officers but the decision of the assistant collector remained firm. Thereafter, he approached the High Court with a proposal to pay for the encroached area and give the school land adjacent to his premises. The High Court then directed that the encroachment be legalized on payment and suitable vacant land be given to the school.
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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)