Illegal Panchayat Construction: Supreme Court Orders Inquiry and Compensation

The Supreme Court of India recently delivered a judgment in the case of The Sarpanch, Gram Panchayat, Longewala v. Manveer Singh & Others. The case revolved around the unauthorized construction of a new Gram Panchayat Bhawan in a school playground, violating legal and administrative procedures. The Court held that the Panchayat had acted unlawfully by using school land without proper authorization and imposed penalties, including a financial compensation order.

Background of the Case

The case originated in Longewala, Hanumangarh district, Rajasthan, where the Gram Panchayat had passed a resolution to upgrade the infrastructure of the existing Panchayat Bhawan. However, instead of upgrading the old building, the Panchayat constructed an entirely new structure within a school playground, depriving schoolchildren of recreational space.

The case timeline is as follows:

August 5, 2019: The Gram Panchayat resolved to upgrade the existing Panchayat Bhawan.
December 11, 2019: The Zila Parishad sanctioned the proposal.
March 15, 2020: A work order was issued to M/s A-One Construction Company.
2020: Manveer Singh (Respondent No. 1) filed a public interest litigation in the Rajasthan High Court challenging the construction.
January 24, 2022: The Rajasthan High Court ruled in favor of the petitioner, holding the Panchayat’s actions illegal and ordering demolition.
August 18, 2023: The Supreme Court partially modified the High Court’s order while holding the Panchayat accountable.

Key Legal Issues Considered

The Supreme Court examined the following issues:

Whether the Panchayat had the legal authority to construct a new building instead of upgrading the old one.
Whether the Panchayat could lawfully use school land without proper approval.
What penalties should be imposed for the unauthorized construction.

Arguments by the Appellant (Gram Panchayat)

The Sarpanch and Gram Panchayat argued:

The new construction was necessary for the Panchayat’s functioning.
The issue of land use was an administrative oversight rather than intentional illegality.
Since the new building was already constructed, demolishing it would waste public funds.

Arguments by the Respondents

Manveer Singh and other villagers contended:

The Panchayat had obtained approval only for upgrading the old building, not for new construction.
The new Panchayat Bhawan was built on school land without legal authorization.
The construction deprived children of a playground, violating public interest.
The Sarpanch and other officials acted arbitrarily and misused public funds.

Supreme Court’s Analysis and Judgment

1. Unauthorized Construction on School Land

The Court ruled that the Panchayat had no legal right to take over land belonging to the Education Department:

“The Gram Panchayat, without a right in the land recorded in the name of the Education Department, took it over without recourse to law. The consequences are that the village is deprived of the playground, and in the name of upgrading infrastructure, a new building is brought into existence.”

2. Violation of Approved Plans

The Court found that the Panchayat had obtained approval only for upgrading the old structure but went beyond this by constructing a new one:

“Approval was made for upgradation of the infrastructure of the old Gram Panchayat Bhawan, and none of these documents indicates that a new Panchayat Bhawan would be constructed.”

3. Public Interest and Administrative Accountability

The Court criticized the Panchayat for its arbitrary actions and emphasized the importance of due process:

“Gram Panchayat should represent the public interest and not occupy vacant places, parks, and grounds for its infrastructure projects. In a given case, if absolute necessity is made out for a change of user of any of the amenities/open spaces, Gram Panchayat shall and should comply with the requirements of the law.”

Supreme Court’s Final Decision

The Supreme Court upheld the Rajasthan High Court’s findings but modified the demolition order. Instead of demolishing the building, the Court imposed penalties and corrective measures:

Disciplinary action: The Rajasthan government must initiate proceedings against the Vikas Adhikari and Sarpanch.
Financial penalty: The state government must deposit ₹10,00,000 into the school’s account for infrastructure improvements, particularly for girls’ facilities.
Accountability: The government must recover the ₹10,00,000 from those found responsible for the illegal construction.
Preservation of school playground: The district administration must ensure that the designated playground remains for student use.

Conclusion

This ruling underscores key legal principles:

Government bodies must adhere to legal procedures. Unauthorized construction, even for public purposes, is not permissible.
Public land cannot be arbitrarily repurposed. The decision reinforces that school land must remain for educational use unless legally reallocated.
Officials can be held personally accountable. The Court’s directive to recover funds from responsible officials sets an important precedent.
Courts will balance accountability with practicality. Instead of demolishing the building, the Court opted for financial penalties and compensatory measures.

This judgment serves as a warning to public officials that procedural violations will not be tolerated, even when undertaken for seemingly beneficial projects.

Petitioner Name: The Sarpanch, Gram Panchayat, Longewala.
Respondent Name: Manveer Singh & Others.
Judgment By: Justice Sanjiv Khanna, Justice S.V.N. Bhatti.
Place Of Incident: Longewala, Hanumangarh, Rajasthan.
Judgment Date: 18-08-2023.

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