‘Playground an indispensable component’: Telangana HC orders removal of illegal construction to reclaim school land in Kamareddy

The bench also deemed it necessary to underscore that a “school playground is not a spare or optional facility, but an indispensable component of the educational ecosystem” as it was integral to “the holistic development of students.”

Revenue records confirm school ownership

The bench relied on several critical official reports, revenue records, and findings of administrative misconduct in arriving at a conclusion. Among these, the court noted that revenue records spanning decades (from 1968-69 to 2015-16) consistently recorded the said land as “Government School” or “Educational Institution.”

The court found that there were no entries in the Gram Panchayat’s inward registers, no online applications, and no valid permission orders ever issued for the construction carried out by Roja. The court also recorded that the building plans were prepared by a surveyor-II who was not authorised to sign plans for areas exceeding 50 sq m and that the junior panchayat secretary had illegally bypassed the required approval from the district town and country planning officer for large constructions.

The court took note of an order passed by the district collector on February 23, 2023, which had already declared the house permissions “void ab initio” (void from the beginning) after finding that they were obtained through collusion and misrepresentation. Also, a survey conducted in late 2023 by the assistant director of Survey and Land Records identified the school’s presence and mapped the encroached areas, despite the respondent’s claims of private title.

Records consistently support school’s claim
The court concluded that the petitioners had placed before the court a “consistent and uninterrupted chain of revenue records which strongly support the title of the School/Educational Institution over the subject land”, whereas Roja failed to produce any credible title-related documentation.

Further, the court stated that Roja failed to demonstrate any semblance of lawful right, title, or interest over the subject property; that the building permissions relied upon by her are devoid of legal sanctity, and it is evident that her vendors themselves lacked any transferable title.

The court then directed the district collector and others to ensure the demolition of all unauthorised constructions, including shops raised by Roja, within 12 weeks. The entire cost of demolition was directed to be recovered from her as arrears of land revenue. The court also directed the authorities to demarcate the 2.11 acres and construct a compound wall within 12 months and report compliance.

In addition, the principal secretary of the Panchayat Raj Department was directed to “initiate disciplinary action against the then Panchayat Secretary Raj Kumar for issuing fraudulent ownership certificates and permissions” and report compliance within six months.