The Court highlighted the importance of the site for the Kasturba Gandhi Balika Vidyalaya (KGBV) school and its students. (Image generated by AI)
The Telangana High Court has overturned an earlier order that sought to return four acres of a government school land to private donors, effectively reinforcing the primacy of public education infrastructure. Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin ruled on December 8 that land used for a school and playground serves an “unquestionable public interest”.
The principal question before the division bench was to determine if the land relinquished in favour of the Government under Form-C of the Telangana Land Revenue Rules 1951 for a specified public purpose may thereafter be reconveyed to the original owners, and whether any such exercise is legally sustainable.
The dispute centered on land measuring 6 acres in Mothkur village of Yadadri Bhuvanagiri district. Part of this land was donated in 2005 for the purpose of the construction of a mini- sports stadium for the school. Of this land, 2 acres were used for the construction of a Kasturba Gandhi Balika Vidyalaya (KGBV), which has been functioning since 2013. Since the rest of the land has been left unused, the donors filed a writ petition in 2014 seeking to reclaim 4 acres, leading to a decade-long legal battle.
In November 2024, a single-judge bench directed the state to consider reconveying the land to the original donors, since the specific public purpose for which the land was relinquished—the construction of a mini-stadium—had not been fulfilled. While the state challenged this order, a connected PIL petition contended that the land is government property held in public trust and used as a school playground, and cannot be divested.
The division bench observed that once land is dedicated to a public cause and put to use, it cannot be arbitrarily returned. Highlighting the importance of the site for the KGBV and its students, the bench remarked, “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 observed that the land is currently used as a playground, which is essential for the holistic development of students. The judges noted that the Right to Education, under Article 21 A, includes the right to adequate infrastructure, stating: “The land being held by the State in public trust, and its present utilisation for a school and as a playground subserves unquestionable public interest.”
The judgment criticised the notion that the Government could simply hand back land that had already been integrated into a public project. In conclusion, the court directed the state “not to reconvey, restore or in any manner transfer” the land to the donors or any other private party. “The said land, having been relinquished under Form-C and mutated in favour of the Government, vests absolutely in the State. The donors have no residual right, title, or interest,” it said.
The court directed the authorities to “maintain and protect the said land” specifically for the use of the KGBV and as a playground, and added that the state must take proactive steps, including “fencing and surveillance, if necessary, to prevent any encroachment” or unauthorised claims over the property.
The court thus set aside the single-judge order and dismissed the donors’ original writ petition, ensuring that the educational future of the students at the Mothkur school remains secure from private land claims.