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The Sarpanch, Gram Panchayat, Longewala vs Manveer Singh and Others

Civil Appeal · 2023 INSC 769Decided 18 Aug 2023
Civil Appeal No. 5281 of 2023
Sanjiv Khanna · S.V.N. Bhatti

Background

A Gram Panchayat in Rajasthan had sanction only to upgrade an existing Panchayat building, but instead constructed an entirely new building on a school playground: land officially recorded in the name of the Education Department. A villager filed a public interest writ petition, and the High Court found the construction illegal, ordering it demolished and directing an inquiry into the officials responsible. The Sarpanch appealed to the Supreme Court.

Decision Breakdown

The Supreme Court agreed that the construction was illegal, since it deviated from the sanctioned upgradation plan, occupied land not belonging to the Panchayat, and deprived the village's school children of their playground. However, considering that demolishing an already-built structure would waste public money, the Court modified the High Court's order instead of upholding demolition: it directed disciplinary proceedings against the responsible officials, ordered the State to deposit Rs. 10,00,000 for upgrading the school (later to be recovered from those found guilty), and directed that the playground continue to be preserved for the school. The connected contempt petition was closed in light of this outcome.

Lesson Learnt

Government bodies exceeding their sanctioned authority, especially by encroaching on land meant for public use like a school playground, will be held accountable, but courts may balance strict legal remedies (like demolition) against practical considerations, opting instead for restitution, official accountability, and protection of the public asset.

Official source (sci.gov.in)View Judgment (PDF)

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