'Schools Can't Be Without Playgrounds; Students Entitled To Good Environment' : Supreme Court Orders Removal Of Encroachments

There cannot be any school without a playground, observed the Supreme Court, while directing the removal of unauthorised occupations at a place reserved for playground for a school in Haryana.

A bench comprising Justices MR Shah and BV Nagarathna disapproved of an order passed by the Punjab and Haryana High Court which permitted regularisation of the encroachments near the school.

Noting that the school had no playground at all, the bench observed :

"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 playground. Even the students, who study in such a school are entitled to a good environment".

The bench was hearing an appeal filed by the State of Haryana against the High Court's order. There was no dispute that the private respondents were in unauthorized occupation of the land belonging to Gram Panchayat which was reserved for the school playground. Before the High Court, they offered to give equivalent value of land in exchange.

The High Court directed the authorities to segregate the vacant areas from residential plots from the encroached areas so that they can be used for the school. The High Court further directed the authorities to explore the option of either taking alternate lands offered by the occupants double the extent of the area under occupation or legalize the occupation by taking the market value.

Disapproving this approach, the Supreme Court observed "the High Court has 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".

"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 purpose, i.e., school premises", the Court noted.

Setting aside the High Court direction, the Apex Court directed the unauthorized occupants to vacate the premises within 12 months, failing which the authorities can taken coercive steps under the law.

Case Title : State of Haryana vs Satpal and others

Citation : 2023 LiveLaw (SC) 163

For Appellant(s) Mr. Rakesh Mudgal, A.A.G. Mr. Samar Vijay Singh, AOR Ms. Amrita Verma, Adv. Mr. Keshav Mittal, Adv. Ms. Sabarni Som, Adv.

For Respondent(s) Mr. Surender Deswal, Adv. Mr. Abhaya Nath Das, Adv. Mr. S S Bandyopadhyay, Adv. Ms. Beena, Adv. Mr. Rahul Singh, Adv. Mr. V K Shukla, Adv. Ms. Riya Soni, Adv. Mr. Satish Kumar, AOR

Education - There cannot be any school without playground. Even the students, who study in such a school are entitled to a good environment- Supreme Court directs removal of encroachments near school premises

Encroachment of Public Land - Supreme Court sets aside HC direction to legalize unauathorized occuapations near a school by taking the market value - SC terms the High Court direction unsustainable- Notes that the school has no playground.

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