STATE OF HARYANA versus MUKESH KUMAR & ORS.
No Government Department, Public Undertaking, and especially the Police Department, may perfect title of land/building by invoking adverse possession and grab property of its own citizens. Special Leave Petition was totally frivolous, indicated an evil design by the State, and must be dismissed with costs.
- Parties
- Petitioner: State of Haryana; Respondents: Mukesh Kumar & Ors.
- Jurisdiction
- India
- Judgment Date
- 30 September 2011
- Procedural Posture
- Special Leave Petition (civil) / Supreme Court Final Disposition
- Outcome
- Special Leave Petition dismissed with exemplary costs.
- Legal Topics
- Adverse Possession, Right to Property, Burden of Proof, Government Powers
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
State of Haryana
Petitioner
Mukesh Kumar & Ors.
Respondents
Procedural Posture
Special Leave Petition (civil) / Supreme Court Final Disposition
Legal Issues
- 1 Whether the State/Police Department can claim ownership of land by way of adverse possession against its own citizens
- 2 Urgent need to revisit the doctrine of adverse possession
Ratio Decidendi
No Government Department, Public Undertaking, and especially the Police Department, may perfect title of land/building by invoking adverse possession and grab property of its own citizens. Special Leave Petition was totally frivolous, indicated an evil design by the State, and must be dismissed with costs.
Court Disposition
Special Leave Petition dismissed with exemplary costs.
Orders
- State of Haryana to pay Rs.50,000 as costs within four weeks from the date of judgment.
- Costs to be deposited with National Legal Services Authority for poor litigants.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment