Adverse possession can’t be a ground to claim title of government land, the Supreme Court (SC) has ruled. For the uninitiated, adverse possession is a situation in which the actual owner of a property loses their ownership rights as a result of their failure to remove a trespasser from the property within a set period.
While passing its judgment in a case pertaining to demolition of unauthorised properties in Lucknow’s Akbar Nagar, the apex court also said that the length of time spent by the residents on the land was not sufficient ground to claim permanent title of government land.
“Unauthorised constructions will be there since you do not own the land. But there can be no title by adverse possession without showing animus (a specific intent to control the land) … We cannot accept such title… How many suits for adverse possession have succeeded?” the SC observed.
In its March 22 order, the top court also clarified that residents can’t be thrown out of their homes on a short notice and alternative living arrangements must be made before demolition.
In another order dated March 18, 2024, the SC has also said that a person claiming adverse possession of a property must know its actual owner.
“It is a settled law that by pleading adverse possession, a party seeks to defeat the rights of the true owner, and therefore, there is no equity in his favour. After all, the plea is based on continuous wrongful possession for a period of more than 12 years. Therefore, the facts constituting the ingredients of adverse possession must be pleaded and proved by the plaintiff,” the top court said.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
