Adverse possession seen as dishonest way of obtaining title to property
Observing that the archaic law of 'adverse possession' needs a re-look, the Supreme Court has asked Parliament to consider abolishing it or at least making substantial changes in the larger public interest.
Adverse possession allows a trespasser — a person guilty of a tort, or even a crime, in the eyes of law — to gain legal title to land which he has illegally possessed for 12 years.
A Bench of Justices Dalveer Bhandari and Deepak Verma said on Friday: How 12 years of illegality can suddenly be converted to legal title is, logically and morally speaking, baffling. This outmoded law essentially asks the judiciary to place its stamp of approval on a conduct that the ordinary citizen would find reprehensible."
'Absurdity of law'
Writing the judgment, Justice Bhandari said: "The government instrumentalities — including the police — in the instant case have attempted to possess land adversely. This is a testament to the absurdity of the law and black mark on the justice system's legitimacy. The government should protect the property of a citizen — not steal it. And yet, as the law currently stands, they may do just that."
The Bench said, "If this law is to be retained, according to the wisdom of Parliament, then at least the law must require those who adversely possess land to compensate title owners according to the prevalent market rate of the land or property in question. This alternative would provide some semblance of justice to those who have done nothing other than sit on their rights for the statutory period, while allowing the adverse possessor to remain on property. Parliament must seriously consider at least abolishing "bad faith" adverse possession, i.e., adverse possession achieved through intentional trespassing." The Bench said: "People are often astonished to learn that a trespasser may take the title of a building or land from the true owner in certain conditions and such theft is even authorised by law. The theory of adverse possession is also perceived by the general public as a dishonest way to obtain title to property. The doctrine of adverse possession has troubled a great many legal minds… If the protectors of law become the grabbers of the property [land and building], then people will be left with no protection and there would be a total anarchy in the entire country."
Dangerous trend
The "disturbing and dangerous" trend "must be arrested without further loss of time in the larger public interest. No government department, public undertaking, and much less the Police Department should be permitted to perfect the title of the land or building by invoking the provisions of adverse possession and grab the property of its own citizens in the manner that has been done in this case."
The Bench was dismissing an appeal filed by the State of Haryana against a Punjab and Haryana High Court judgment rejecting its plea for rights by way of adverse possession of land at Hidayatpur Chhavni village and a direction that those in occupation should vacate it.
The Bench directed that a copy of this judgment be sent to the Secretary, Ministry of Law and Justice, Department of Legal Affairs, government of India, for taking appropriate steps in accordance with law. It slapped Rs. 50,000 as costs on the State for filing a frivolous appeal and said this amount should be utilised by the National Legal Services Authority for poor litigants.
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