27 Oct, 2015, [Tue] | Property Law

Government acquiring land on adverse possession

By Shivendra Pratap Singh

Home | Advice | Property Law | Government acquiring land on adverse possession

I am the owner of the land of about 30 acres. My name is mentioned in all the revenue record since the past 50 years. Nashik municipality is trying to acquire my land for construction of shopping mall but does not want to initiate acquisition procedure.

It claims my land to its property on the ground of adverse possession. It claims that the municipality has been in possession on the land from the last 10 years based on a road which was constructed along with my land by the municipality in the year 2004. I have filed a complaint in the office of the collector but he is also reluctant to do anything. Please suggest me any legal procedure to save my land.

According to article 300 A of Indian constitution right to property is a constitutional right and property cannot be taken by the government without following the due process of law. When all the revenue records show that you are the owner of the land then how can a municipality corporation claim your land based on adverse possession?

You must file a writ before the High Court under article 226 of Indian constitution. In Vinayak Vishnu Dhopavkar vs State of Maharashtra AIR 2013 Bombay High Court; it is held by the Bombay High Court that

it would not be proper on the part of the government body or any state authority to take possession of somebody’s land without following due process of law. Even a citizen has permitted his land being used by a government authority, the government authority should not take undue advantage thereof. Government authority must acquire his land after paying compensation under the Land Acquisition Act.

You may file a writ petition based on aforesaid case law because no compensation is given by the government and no procedure under the Land Acquisition Act is followed.

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