There Cannot Be Any School Without Playground: Apex Court

In an order dated March 3, 2023, the Supreme Court quashed the judgment dated May 12, 2016, pronounced by the Punjab and Haryana High Court and directed the respondents encroaching upon the land earmarked for school premises and playground to vacate said land within 12 months. Observing that the school doesn’t have a playground and is surrounded by residential houses constructed without authorisation, the court remarked that there “cannot be any school without playground” and that students are “entitled to a good environment”.

In the year 2011, an ejectment order was issued by the Assistant Collector against the respondents for the unauthorised occupation and possession of certain Gram Panchayat land. After the Collector dismissed their plea, the respondents preferred an appeal before the Commissioner which was also rejected.

Aggrieved, the respondents filed a writ petition before the Punjab and Haryana High Court challenging the decisions of the Assistant Collector, Collector and Commissioner. On May 12, 2016, the court issued an order accepting the respondents’ contentions. With respect to the encroached land wherein residential houses have been constructed and occupied by the respondents, the court directed the authorities to either acquire land equivalent to double the size of the encroached land or to recover the market value of the encroached land from the respondents.

While hearing the appeals filed against the said judgment of the Punjab and Haryana High Court, the Supreme Court directed that a fresh demarcation be conducted, and a report be filed. Upon perusal of the said report along with the sketch and site plan, the encroachment of Gram Panchayat land was confirmed to the extent of 5 kanal and 4 marla (out of the total 11 kanals and 15 marla of land earmarked for school purposes). 

It was held that the directions given by the Punjab and Haryana High Court were not capable of being carried out. Firstly, the vacant land could not be segregated from the constructed area as certain parts of the encroached land were used for vegetation purposes. Secondly, the owners of the land adjacent to the school premises were not willing to sell their land and hence, could not be purchased by the respondents to offer to the Panchayat. Thus, the court quashed the judgment dated May 12, 2016, pronounced by the Punjab and Haryana High Court, holding that the unauthorized occupation and possession of the land earmarked for school premises and playground cannot be legalized.