Supreme Court Rules Against Adverse Possession Claims on Government Land

In a landmark decision, the Supreme Court of India has clarified the stance on adverse possession claims concerning government-owned land. The judgment, delivered by the bench comprising Justices Sanjiv Khanna and Dipankar Datta, highlighted that mere settlement on government property does not grant individuals the right to claim title over the land based on adverse possession principles. This significant ruling emerged during the proceedings of a case related to the proposed demolitions in Akbar Nagar, Lucknow, which directly impacts around 15,000 inhabitants living along the Kukrail riverbank.

The case in question, titled Shakeel Ahmad and Others versus State of Uttar Pradesh and Others, brought the issue of land rights into the spotlight, with the affected residents asserting that their long-term occupation, lasting more than four decades, should entitle them to permanent ownership of the land. Represented by Advocate Prashant Bhushan, the residents pointed to providing basic amenities, including electricity, as evidence of their established presence. However, the Court rejected these claims, stating that occupancy alone, without clear intent to possess the land, does not fulfil the criteria for claiming title through adverse possession.

Court Reaffirms Government Land Rights, Rejects Possession Claims

Justice Khanna articulated the Court's viewpoint, emphasizing that unauthorized constructions do not equate to ownership and that a clear intent to own the land is necessary for such claims to be recognized. He stated, "Unauthorised constructions will exist since you do not own the land. But there can be no title by adverse possession without showing animus... We cannot accept such a title, sorry." Nevertheless, the Court also mentioned that the affected individuals could not be evicted without being offered alternative housing.

The controversy began following a directive from the Allahabad High Court on March 6, instructing the residents involved in a relocation project in Akbar Nagar to leave the premises by the end of the month. The High Court labelled them unauthorized occupants, eligible for relocation through a state-backed rehabilitation initiative. The Supreme Court's intervention came after appeals were made against this directive, extending the eviction deadline to April 5 and requiring the Uttar Pradesh government to arrange alternative accommodations.

Earlier, a set of writ petitions temporarily stopped the Lucknow Development Authority's demolition efforts in the Akbar Nagar-I and II areas in December 2023. The High Court's interim order called for proper resettlement plans and criticized the hurried demolition efforts without a thorough rehabilitation strategy.

The High Court acknowledged that the residents lacked legal titles but had been provided with municipal services and witnessed infrastructural development in the locality. It also recognized their contributions, such as paying municipal taxes and managing a local school. As the legal contest over land rights in Akbar Nagar continues, with further hearings scheduled for April, the community anxiously awaits a resolution that could define their future.