In a landmark judgment reinforcing the sanctity of public education infrastructure, the Telangana High Court has decisively blocked the return of four acres of government school land to private donors. A division bench, comprising Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin, ruled on December 8 that land used for a school and its playground serves an "unquestionable public interest" and cannot be arbitrarily handed back.
A Decade-Long Legal Battle Over School Land
The dispute centered on a parcel of land measuring 6 acres located in Mothkur village of Yadadri Bhuvanagiri district. In 2005, a portion of this land was donated for the specific public purpose of constructing a mini-sports stadium for a local school. While 2 acres were subsequently used to build a Kasturba Gandhi Balika Vidyalaya (KGBV) residential school, operational since 2013, the remaining 4 acres lay unused.
This inactivity prompted the original donors to file a writ petition in 2014, seeking to reclaim the unused land. The legal tussle culminated in a November 2024 order by a single-judge bench, which directed the state to consider reconveying the 4 acres to the donors, as the stipulated purpose of building a mini-stadium remained unfulfilled.
Court's Ruling: Land Held in Public Trust
The state government challenged the single-judge order, and a connected Public Interest Litigation (PIL) argued that the land, now used as a playground, is government property held in public trust. The division bench firmly agreed with this stance. The judges emphasized that once land is dedicated to a public cause and utilized, it cannot be casually returned to private entities.
The bench powerfully stated, "Any reconveyance of the said land to private individuals would be impermissible, arbitrary, and violative of Articles 14, 21, and 21 A of the Constitution of India." The court highlighted that the Right to Education under Article 21-A encompasses the right to adequate infrastructure, including playgrounds essential for the holistic development of children.
Final Verdict and Directives for Protection
In its conclusive ruling, the court set aside the single-judge's order and dismissed the donors' original writ petition. It declared that the land, having been relinquished under Form-C of the Telangana Land Revenue Rules and mutated in favour of the government, "vests absolutely in the State." The bench categorically stated that the donors retain "no residual right, title, or interest" in the property.
The court issued clear directives to the authorities: not to reconvey, restore, or transfer the land to the donors or any private party. It ordered the state to "maintain and protect the said land" specifically for the KGBV school and as a playground. Proactive steps, including fencing and surveillance if necessary, were mandated to prevent any encroachment or unauthorized claims.
This judgment ensures the educational future of students at the Mothkur KGBV school remains secure, firmly prioritizing public welfare and constitutional mandates over private claims.
