Land reserved for school cannot be legalized for unauthorized possession: SC

Supreme Court held in the recent Judgement (The State of Haryana and Ors. Vs Satpal & Ors. D.D. 03March2023) that respondents are in illegal occupation of 5 kanal and 4 marla of Gram Panchayat land reserved for a school. The school has no playground and is surrounded by unauthorized constructions by the respondents, the unauthorized occupation and possession of land reserved for the school and playground cannot be legalized.

Dispute over the unauthorized possession of land belonging to the Gram Panchayat by the respondents. The ejectment proceedings were initiated against the respondents, and their appeal was rejected by the Collector and the Commissioner. The respondents then filed a writ petition before the High Court of Punjab and Haryana, stating that the land encroached upon by them is part of the school premises and that they are willing to give equivalent vacant land in exchange to the Gram Panchayat.

The High Court directed a fresh demarcation to be conducted, which established that the respondents were in unauthorized possession of the land. The High Court directed the newly constituted Gram Panchayat to consider the claim of the individual encroachers on merits and take an appropriate decision. The High Court also directed that the Gram Panchayat may, with the prior approval of the State Government, sell its non-cultivable land in Shamlat Deh to the inhabitants of the village, who have constructed their houses on or before 31st March 2000, provided that they do not have any residential house, and further provided that the constructed area or an appurtenant area up to a maximum of 200 sq. yards. The said lands were to be sold at not less than the Collector rate. Wherever the vacant area can be segregated from the residential house, it can be separated and utilized for the earmarked purpose, i.e., school premises. The Gram Panchayat and the Deputy Commissioner can exercise either of the two options to take land double of the occupied/encroached land from the petitioners or pass a resolution whereupon the Deputy Commissioner shall get the market value of the land assessed, and in that case, the petitioners shall be liable to pay such value.

Supreme court heard appeals on March 29, 2022, and ordered the Assistant Collector to submit a report with a map/sketch indicating the measurement of the land for the school and playground, and whether there were any other encroachers. Pursuant to the order, a report was filed indicating that the original writ petitioners had encroached upon approximately 5 kanal and 4 marla of land earmarked for the school, and that the High Court's directions for utilizing vacant areas for the school premises were not feasible.

Supreme Court found that the original writ petitioners are in illegal occupation of 5 kanal and 4 marla of Gram Panchayat land reserved for a school. The school has no playground and is surrounded by unauthorized constructions by the original writ petitioners. Court states that the unauthorized occupation and possession of land reserved for the school and playground cannot be legalized

Supreme Court held that the High Court committed a serious error in directing to legalize the unauthorized occupation and possession on payment of market price. High Court's other directions cannot be implemented due to the nature of the unauthorized constructions and lack of available land. Impugned judgment and directions issued by the High Court are unsustainable and are quashed and set aside.

Original writ petitioners/Respondents are given 12 months to vacate the occupied land, and if they do not comply, appropriate authority is directed to remove their unauthorized occupation and possession.

Appeals are allowed.

The State of Haryana and Ors. Vs Satpal & Ors.