Vidaya Devi vs The State Of Himachal Pradesh on 8 January, 2020
In Vidya Devi (supra) a plea was taken by the State that since the
State was in continuous possession of the land for over 42 years, it would
tantamount to "adverse" possession. The Hon'ble Apex Court observed
that the State being a welfare State, cannot be permitted to take the plea
of adverse possession. The State cannot be permitted to perfect its title
over the land by invoking the doctrine of adverse possession to grab the
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property of its own citizens. In the said case, the Hon'ble Apex Court also
observed that the appellants therein with respect to whose lands the
State had claimed adverse possession were illiterate persons from the
rural area and they were deprived of their private property by the State
without resorting to the procedure prescribed by law and consequently
invoking its extraordinary jurisdiction under Articles 136 and 142 of the
Constitution, the State was directed to pay compensation to the appellant
therein. In the present case, the State is not setting any plea of adverse
possession or claim title by way of adverse possession to the property of
a citizen or individual. The respondents are the lessees/DKT patta
holders of the land, which admittedly belong to the State. Consequently,
on the resumption of the land in terms of the lease/DKT patta granted to
the respondents or their predecessors, it cannot be said that the State is
acting contrary to law and depriving the respondents of their rights to
property or compensation inasmuch as the respondents have been or/are
being granted compensation for resumption of the lands in terms of
G.O.Ms.No.1307,. dated.23.12.1993 as also under the Orders of this
Court passed in W.P.No.561 of 2007, dated 17.07.2008 and in
W.P.No.26439 of 2008, dated 15.12.2008.