State can get land ownership via adverse possession: Punjab and Haryana High Court
Saurabh Malik
Chandigarh, May 16
A state can acquire land ownership apart from the recognised modes of transfer. The Punjab and Haryana High Court has ruled that it being a protector of the citizens’ property rights cannot act as a predator of their assets. But the state can acquire ownership through adverse possession.
The recognised modes include sale/purchase, gift, exchange and acquiring a citizen’s property for the public use after compensation. The ruling by Justice Arun Monga is significant as it implies that the state can acquire land through adverse possession –– a term broadly denoting that a person living on a chunk of land without a title for 12 years with the owner’s consent can claim its ownership, subject to three legal requirements.
The use of the property has to be adequately continuous, publicly open, and hostile to the owner’s interests.
The ruling came on a bunch of appeals by the erstwhile Punjab State Electricity Board. It was defending the possession of land on the ground of acquiring the title by adverse possession. Justice Monga asserted the law did not bar the state or its entity to seek parity with an individual for claiming ownership through adverse possession. But the state should not be given “carte blanche” or complete freedom to claim the title of the abandoned land through adverse possession.
Justice Monga added it was the state’s duty to protect the citizens’ interests. It might be entitled to claim adverse possession. But such cases were required to be treated as rare and exceptional.
Justice Monga added the constitutional assurance of a citizen’s right to equality before the law and equal protection of the laws did not prohibit the state from asserting ownership through adverse possession. But it was still obligated to show fulfilment of the necessary conditions.
A citizen forfeited his right to the property if these conditions were met, entitling the state to claim the right of ownership. But ultimately the court would evaluate on a case-by-case basis whether the state’s claim to the property violated the citizen’s right.
Bench takes help of AI
The Bench used artificial intelligence (AI) to find out the countries recognising adverse possession as a legal principle. AI, in response, said adverse possession, also known as squatter’s rights or prescription, was recognised in some countries such as the US, the UK, Australia, Canada, India, New Zealand and Ireland
