New Delhi: The Supreme Court on a petition regarding land encroachment of school land, has observed that no school should be without a playground as the school going students are entitled to a good environment. The Supreme Court bench comprising Justice MR Shah and Justice BV Nagarathna was hearing a petition filed by the state of Haryana, challenging the Punjab and Haryana High Court's order that had allowed the secularization of the encroachment of school land which had to be utilized for playground.
The private individuals who had encroached upon the land had agreed to give equivalent vacant land in exchange. Some had offered double of land encroached and others were willing to pay market price as assessed by the Gram Panchayat for the land. The High Court had asked the Gram Panchayat to consider and take a decision.
"The school is surrounded by 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," observed the court.
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"Under the circumstances, the High Court has committed a very serious error in directing to legalize the unauthorized occupation and possession made by the original writ petitioners on payment of market price," observed the court. The apex court further said that the order of the High Court is unsustainable and deserves to be quashed and set aside.
It directed the encroachers of the land to vacate the land in 12 months and further noted that if they do not do as asked, an appropriate authority will be directed to remove their unauthorized and illegal occupation and possession.
