Punjab & Haryana High Court, Chandigarh
Citation(2004) 1 SCC 769
CourtSupreme Court of India
Date24 October 2003
Year2004
BenchR.C. Lahoti, Ashok Bhan JJ.
Acts/ArticlesLimitation Act 1963 Article 112, Government Grants Act
CategoryProperty & Land Law

Key Principle Established

Government land cannot be adversely possessed. No person can claim ownership of government land by adverse possession. The Limitation Act bars the remedy, not the right.

Brief Facts

A person claimed title to government land by adverse possession, having been in possession for over 30 years.

Ratio Decidendi

The Court held that government land cannot be acquired by adverse possession in the ordinary sense. Under Article 112 of the Limitation Act, the limitation period for government to recover possession is 30 years (not 12 years). However, even after 30 years, only the remedy is barred — the government’s title is never extinguished.

Impact & Significance

This judgment is the definitive authority on protection of government land from adverse possession claims, frequently cited in encroachment cases across Haryana and other states.

Tags & Related Topics

Property & Land Law Limitation Act 1963 Article 112 Government Grants Act
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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