Court: Greater seriousness required when disputed land belongs to the State
A division bench of Justices Abhay S Oka and Sanjay Karol has ruled that when land claimed through adverse possession belongs to the government, the court must conduct a more serious and effective inquiry. The court stated that this is necessary to prevent the destruction of the government’s right to immovable property.
The court emphasized that surmises, conjectures, and approximations cannot be the basis for transferring the government’s rights over land to individuals who do not have such rights.
The court reaffirmed that for adverse possession to be claimed, the possession must be open, clear, continuous, and hostile to other claimants. Additionally, there must be a mental intent to possess the land, known as the “spirit of possessing.” Mere permissive possession without the intention to possess will not be considered adverse possession.
Summary:
- A division bench of Justices Abhay S Oka and Sanjay Karol has ruled that a more serious and effective inquiry is required when disputed land claimed through adverse possession belongs to the government.
- The court stated that surmises, conjectures, and approximations cannot be the basis for transferring the government’s rights over land to individuals who do not have such rights.
- For adverse possession to be claimed, the possession must be open, clear, continuous, and hostile to other claimants.
- A mental intent to possess the land, known as the “spirit of possessing,” is also necessary for adverse possession.
- Mere permissive possession without the intention to possess will not be considered adverse possession.
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