What constitutes possession in regard to land.
Sir. certain land was taken from an individual under urban land ceiling act and it is in the possession of the Government. Some 3rd parties purchased the ceiling property and filed writ petitions when government wanted to allot the ceiling land to government departments. court says possession cannot be disturbed except only under due process of law. the land is vacant , I want to defend government rights as an employee. My question is whether such a purchase is binding on government and if due process of law is to be followed what constitutes possession and what are the essential ingredients possession.
Asked in Property Law from Visakhapatnam, Andhra Pradesh
1) kindly reproduce the order passed by HC in writ petitions filed by the purchasers
2) Urban land cieling act has been repealed in 1999
3) it shall not affect vesting of vacant land which is state govt possession
If the land has been taken back by the government under land ceiling act, then no person other than the government can claim ownership.
even if certain persons have created fictitious title deed, they cannot claim possession as their ownership itself based on fictitious documents.
issue notices to the 3rd parties who claimed to have purchased the land and file an encroachment suit against them.
it is normally the COllector or Spl. collector Land Revenue who is authorised to file cases against the persons who have encroached government land claiming fictitious title.
If the purchase is illegal then a suit for declaration of it as illegal has to be filed in the civil court. Unless there is a finding of the civil court to the effect that the sale is illegal the government cannot recover the possession from the subsequent buyers.
ceiling land is vested in the government from all encumbrances. no one can claim over it. such purchase is not binding on the government. question of due process will apply in this case if that person claim his right on the basis of adverse possession.
if he purchased that land after date of vesting then he cannot claim adverse possession.