The Division Bench of Justice M.R. Shah and Justice B.V. Nagarathna of the Apex court in the case of The State of Haryana and Ors Vs Satpal & Ors opined that it is erroneous to order the illegal occupation and ownership of the land, which was set aside for the school and playground to be made legal. It was expounded that without a playground, there can be no school. Even the students who attend such a school have a right to a good environment.
Brief Facts:
The Respondents were in illegal possession of the land which belonged to Gram Panchayat. Thereafter, eviction proceedings were initiated against the Respondents under Section 7(2) of the Punjab Village Common Land (Regulation) Act before the Assistant Collector and the Assistant Collector passed the order of ejectment against the Respondents. The Appeal was filed before the Collector and the same was rejected. Aggrieved by this, the Respondents again preferred an Appeal before the Commissioner which also came to be rejected.
The Respondents filed the Civil Writ Petition before the Punjab and Haryana High Court to quash the orders passed by the Assistant Collector, Collector, and Commissioner. Before the High Court, it was stated during the preliminary hearing that the land that the original writ Petitioners encroached upon are part of the school grounds and it was stated that Respondents were prepared and willing to exchange it for equivalent vacant land with the Gram Panchayat out of Khasra No. 63, which also borders the school grounds and could, therefore, be used as the school's playground.
The High Court disposed of the Writ Petition and directed the parties to use Rule 12 of the Punjab Village Common Land (Regulation) Rules, 1964 powers to assess the market value of the land to the extent that it was occupied by the original writ Petitioners, specifically the land where houses were built and wherever the vacant area could be divided from the residential house and used for an earmarked purpose such as school premises.
The Appellants preferred a Review Application which was also dismissed. Hence, the present appeals.
Observations of the Court:
The Hon’ble Court observed that the unlawful construction done by the original writ Petitioners surrounded the school. There was no playground. The school was surrounded by the unauthorized construction made by the original writ Petitioner. It was therefore impossible to order the illegal occupation and ownership of the land, which was set aside for the school and playground to be made legal. It was ruled that without a playground, there can be no school. Even the students who attend such a school have a right to a good environment.
It was opined that legalising unauthorized occupation and possession on payment of market price was illegal.
The decision of the Court:
Based on the abovementioned considerations, the Apex Court quashed and set aside the order passed by the High Court. Accord
ingly, the present appeals were allowed.
Case Title: The State of Haryana and Ors Vs Satpal & Ors
Coram: Hon’ble Mr. Justice M.R. Shah and Hon’ble Ms. Justice B.V. Nagarathna
Case No: Civil Appeal Nos. 2984-2985 of 2022
Citation: 2023 Latest Caselaw 169 SC
Advocate for Appellant: Adv. Samar Vijay Singh
Advocate for Respondent: Adv. Satish Singh
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