The Supreme Court has decisively ruled against the State’s attempt to claim private property through adverse possession, affirming the constitutional rights of citizens to their land.
A bench comprising Justice Vikram Nath and Justice Prasanna B. Varale dismissed an appeal by the State of Haryana, which sought to assert ownership over a privately held parcel of land near National Highway 10.
The case began in 1981, when private landowners filed a civil suit alleging unauthorized occupation of 18 Biswas Pukhta of their property by the Haryana Public Works Department. The State argued that it had maintained uninterrupted possession since 1879-80, thereby claiming ownership under adverse possession.
While the trial court ruled in favor of the landowners, the first appellate court reversed the decision. However, the Punjab and Haryana High Court restored the original verdict, prompting the State to escalate the matter to the Supreme Court.
The apex court highlighted a critical flaw in the State’s argument: by invoking adverse possession, the government implicitly recognized the ownership rights of the private parties. Revenue records, sale deeds, and mutation entries further substantiated the landowners’ claim.
The court observed that while revenue entries alone do not confer title, they serve as evidence of possession and, when corroborated, can support ownership claims. Moreover, the alleged actions of the State—placing bitumen drums, erecting temporary structures, and building a boundary wall—failed to meet the legal requirements of adverse possession, which demands continuous, open, hostile, and peaceful occupation over the statutory period.
Citing previous rulings, the court reaffirmed that the principle of adverse possession cannot be applied to allow the State to seize private property. “Such a claim erodes public trust and undermines constitutional rights,” the bench declared.
The judgment serves as a reminder that property rights, especially against governmental encroachments, remain a cornerstone of constitutional protections in India.
