State can’t claim adverse possession of private citizens’ property, rules SC

The State cannot claim adverse possession of the property of private citizens, the Supreme Court has ruled.

"Allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the government," a Bench led by Justice Vikram Nath said.

The Bench dismissed the Haryana Government's appeal raising a claim of adverse possession over a piece of land measuring 18 biswas pukhta located on NH-10 connecting Delhi and Ballabhgarh.

The Bench, which also included Justice Punjab Varale, dismissed an appeal of the Haryana Government challenging the Punjab and Haryana High Court order restoring the possession of land to a private party in which the state's Public Works Department (PWD) has staked its claim.

"It is a fundamental principle that the State cannot claim adverse possession over the property of its own citizens, " it said, citing its verdict in Vidya Devi v. State of H.P (2020).

"We find no merit in the appellants' contentions. The high court's judgement is based on sound legal principles and correct appreciation of evidence. The plaintiffs (private party) have established their ownership of the suit property, and the State cannot claim adverse possession against its own citizens," the top court noted.

"Allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the government. Therefore, the appellants' (state government) plea of adverse possession is untenable in law," it said, relying on revenue records’ entries which established the ownership of the land in question in favour of the private party.

"While it is true that revenue entries do not by themselves confer title, they are admissible as evidence of possession and can support a claim of ownership when corroborated by other evidence," it said.