Supreme Court Rejects State’s Claim to Private Land by Adverse Possession, Upholds Constitutional Rights

The Supreme Court has declared that allowing state appropriation of private property through adverse possession undermines the constitutional rights of citizens and erodes public trust in government. This significant ruling came as the court dismissed an appeal by the Haryana government, which contested a Punjab and Haryana High Court decision that restored possession of a disputed piece of land to a private party.

The bench, comprising Justices Vikram Nath and P.B. Varale, upheld the High Court’s decision, emphasizing that the claim by Haryana’s Public Works Department (PWD) lacked legal merit. “The plaintiffs have established their ownership of the suit property, and the State cannot claim adverse possession against its own citizens,” the court stated.

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The land in question, located on the National Highway connecting Delhi and Bahadurgarh, has been at the center of a prolonged legal battle. The Supreme Court noted that the revenue records, which are considered public documents, confirmed the private party’s ownership and dismissed the state’s claim.

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“Allowing the State to appropriate private property through adverse possession would not only undermine the constitutional rights of citizens but also erode public trust in the government,” the bench remarked. The justices further elaborated that while revenue records alone do not confer title, they are admissible as evidence of possession and, when combined with other evidence, can substantiate a claim of ownership.

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