New Delhi: The Supreme Court has dismissed the State of Haryana’s appeal claiming adverse possession over private land, emphasizing that a welfare state cannot claim ownership of citizens’ property through adverse possession.
A division bench of Justice Vikram Nath and Justice Prasanna B Varale heard the case concerning a dispute over 18 Biswas of land in Bahadurgarh, Haryana.
The court addressed the appeal filed by the State of Haryana against the judgment of Punjab & Haryana High Court, which had ruled in favor of the private landowners. The court noted, “By taking the plea of adverse possession, the appellants impliedly admitted the respondents’ title. The State cannot perfect title over private property through adverse possession against its own citizens.”
Supreme Court Upholds Private Property Rights Against State Claims
Addressing the State’s claims, the court observed, “The appellants’ possession, as evidenced by the Misal Hakiyat of 1879-80, was permissive and conditional. The entry describes the possession as ‘Bikhar Bahali Kaza,’ meaning till the existence of an orchard. Such permissive possession cannot be the basis for a claim of adverse possession.”
The court emphasized the fundamental principles of property rights, stating, “The State being a welfare State governed by the rule of law cannot arrogate to itself a status beyond what is provided by the Constitution. The right to property is now considered to be not only a constitutional or statutory right but also a human right.”
In response to the State’s appeal, the court dismissed it, concluding, “The High Court’s judgment is based on sound legal principles and correct appreciation of evidence. The plaintiffs have established their ownership of the suit property, and the State cannot claim adverse possession against its own citizens.”
Adverse Possession Cannot Override Citizens’ Ownership, Rules Apex Court
The court effectively reinforced the principle that a welfare state must respect private property rights and cannot use adverse possession to appropriate citizens’ land.
Mr. Vikramjeet Banerjee, Additional Solicitor General, appeared for the State of Haryana.
Mr. Santosh Paul, Senior Advocate, appeared for the respondents.
Case title: The State of Haryana & Anr. Vs Amin Lal (Since Deceased) Through His LRs & Ors.
