๐ Can you claim adverse possession against government land?
✅ Yes, but the legal standard is stricter.
Under the Limitation Act, 1963:
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For private land → limitation period = 12 years (Article 65).
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For government land → limitation period = 30 years (Article 112).
So, to claim ownership over government land by adverse possession, you must prove:
✔ Continuous, uninterrupted possession for 30 years
✔ Possession was hostile to the government’s title
✔ Possession was open, notorious, and exclusive (not concealed or under license/lease)
✔ You treated the land as your own (without acknowledgment of the government’s ownership)
⚖ Supreme Court’s View
Courts apply very strict scrutiny when adverse possession is claimed against the government, to prevent land encroachment.
In State of Haryana v. Mukesh Kumar (2011), the Supreme Court said:
“There is no equity in favor of a trespasser or a person who wrongfully claims ownership by adverse possession.”
Meaning: the burden of proof is very heavy, and courts are cautious in allowing public land to pass into private hands.
๐ What to file?
You’d typically file a:
✅ Civil Suit for Declaration of Ownership by Adverse Possession under Section 34, Specific Relief Act, 1963.
You have to plead:
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Nature of possession
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Duration of possession (with proof)
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Hostility toward the government’s title
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Government’s inaction for 30+ years
๐ Documents/Evidence Required
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Property records or old survey maps showing your possession
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Electricity, water, property tax bills in your name (for long years)
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Affidavits from neighbors or local bodies about your occupation
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Proof you maintained the land, built structures, fenced it, etc.
๐จ Important Warning
Filing such a suit is legally possible but risky:
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If your possession is found illegal or encroaching, the government can initiate eviction.
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Courts generally protect public land and apply strict standards.
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You need strong, clear evidence to even survive initial objections.
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