Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Adverse possession: Property rights |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Adverse possession:Property rights- Claim for, by way of adverse possession - Whether the State/Police Department, which is in charge of protection of life, liberty and property of people can be permitted to grab the land and property of its own citizens under the banner of the plea of adverse possession - Held: If the protectors of law become the grabbers of the property (land and building), then, people will be left with no protection and there would be total anarchy in the entire country - It is indeed a very disturbing and dangerous trend and must be arrested without further loss of time in the larger public interest - No Government Department, Public Undertaking, and much Jess the Police Department should be permitted to perfect the title of the land or building by invoking the provisions of adverse possession and grab the property of its own citizens in the manner - There is an urgent need for a fresh look on the entire Jaw of adverse possession - In the instant case, the suit was filed by State of Haryana through F the Superintendent of Police seeking right of ownership by adverse possession - Suit was dismissed by courts below - Revenue records of the State revealed that the disputed property stood in the name of the defendants - It is unfortunate that the Superintendent of Police, a senior official of the Indian Police Service, made repeated attempts to grab the property of the true owner by filing repeated appeals before different forums claiming right of ownership by way of adverse possession - Special Leave Petition dismissed with costs of Rs.50,0001- to be paid by the State of Haryana for filing frivolous petition and unnecessarily wasting the time of the Court and demonstrating its evil design of grabbing the properties of lawful owners in a clandestine manner - Recommendation to Union of India to immediately consider 8 and seriously deliberate either abolition of the law of adverse possession and in the alternate to make suitable amendments in law of adverse possession - Need for legislation - Costs. Historical background of adverse possession - Discussed. Burden of proof - Held: A person pleading adverse possession has no equities in his favour since he is trying to defeat the rights of the true owner - It is for him to clearly plead and establish all facts necessary to establish adverse possession - Equity. Right to property - Held: Is not only constitutional or statutory right but also a human right - Therefore, even claim of adverse possession has to be read in that context - Constitution of India, 1950. Protection of property rights - Fifth Amendment of the U.S. Constitution - a principle of a civilized society - Discussed |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2011 INSC 731 |
Petitioner | State Of Haryana |
Respondent | Mukesh Kumar & Ors. |
SCR | [2011] 14 S.C.R. 211 |
Judgement Date | 2011-09-30 |
Case Number | 28034 |
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