The Supreme Court in the case State of Haryana vs Satpal and others observed and stated that there cannot be any school without a playground, the court directed for removal of unauthorised occupations at a place which is being reserved for playground for a school in Haryana.
The bench comprising of Justice MR Shah and Justice BV Nagarathna observed and has disapproved of an order which is being passed by the Punjab and Haryana High Court which permitted the regularisation of the encroachments near the school.
The bench observed that the school is being surrounded by unauthorized construction made by the original writ petitioners. Therefore, the unauthorized occupation and possession of the land which is being reserved for the school and the playground, cannot be directed to be legalized. Therefore, there cannot be any school without playground and even the students who study in such a school are entitled to a good environment.
In the present case, the bench was hearing a plea filed by the State of Haryana against the order of the High Court. Therefore, there being no such dispute that the private respondents were being unauthorized occupation of the land belonging to Gram Panchayat which was reserved for the playground Of School. It has also been offered by them before the High Court to equivalent value of land in exchange.
It ahs also been directed by the High Court that the said authorities to segregate the vacant areas from the residential plots from the encroached areas so that the same can be used for the school. Further, it has been directed by the High Court to explore the option of either taking alternate lands offered by the occupants double the extent of the area under occupation or legalize for the occupation by taking the market value.
The Supreme Court in the case observed that the High Court has committed a very serious error in directing to legalise the unauthorized occupation and the possession made by the original writ petitioners in the plea on payment of market price.
The court also noted that even while the other directions were being issued by the High Court who are not capable of being implemented, namely, for segregating the vacant land from the residential house and which can be separated and utilised for earmarked purpose, i.e., school premises.
It has also been directed by the Apex Court that the unauthorized occupants to vacate the said premises within 12 months, wherein failing to which the authorities can taken coercive steps under the law.
