School Built On Land Acquired For 'Mandi' Serves Public Purpose: P&H HC Declines Former Owner's Plea To Release Acquired Land, Imposes 25K Cost

The Punjab & Haryana High Court has refused to allow a plea seeking the release of the land acquired by the State Government for the development of a 'Mandi' which was later used for building a school, observing that the public purpose is served.

A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "The reason is but trite, and, simple, that since even a building subserves the educational pursuits of the school going children, thereupon, concomitantly public good, and, public purpose but becomes subserved. Resultantly, this Court does not find that the raising of a school building on the subject land, is a valid ground for this Court directing the respondents concerned, to consider the release of the subject lands from acquisition."

The plea was filed by Ashok Kumar Bansal, whose land was acquired in 1978 by the Haryana Government, seeking directions to release it on the grounds that the land was not utilized for the development of the Mandi, but instead, a school was built.

The Court noted that previously a "successors-in-interest" of the petitioner had raised a similar plea wherein the High Court said, "The playground of a school satisfies the test of a public purpose as well."

Considering the submissions, the Court said "the said ground cannot be well canvassed by the petitioner before this Court thus as a sound, and, the tangible premise for this Court becoming constrained to make an order of release of the subject lands"

Stating that there is no merit in the case, the Court imposed a cost of Rs.25,000.

Mr. Rajesh Bansal, Advocate for the petitioner.

Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Saurabh Mago, DAG, Haryana.

Ashok Kumar Bansal v. State of Haryana and others

2024 LiveLaw (PH) 233

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