ASHOK KUMAR SINGH

Monday, May 26, 2025

Can you claim adverse possession against government land?

🏛 Can you claim adverse possession against government land?

✅ Yes, but the legal standard is stricter.
Under the Limitation Act, 1963:

For private land → limitation period = 12 years (Article 65).
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.

📝 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:

Nature of possession
Duration of possession (with proof)
Hostility toward the government’s title
Government’s inaction for 30+ years

📂 Documents/Evidence Required

Property records or old survey maps showing your possession
Electricity, water, property tax bills in your name (for long years)
Affidavits from neighbors or local bodies about your occupation
Proof you maintained the land, built structures, fenced it, etc.

🚨 Important Warning

Filing such a suit is legally possible but risky:

If your possession is found illegal or encroaching, the government can initiate eviction.
Courts generally protect public land and apply strict standards.
You need strong, clear evidence to even survive initial objections.

What is Adverse Possession?

🏠 What is Adverse Possession?

Adverse possession is a legal doctrine where:
✅ A person who occupies land or property belonging to someone else
✅ Openly, continuously, and without the owner’s permission
✅ For a certain period of time (as defined by law)

can legally claim ownership over that land.

⚖ Legal Basis

The main law governing adverse possession in India is:

✅ Limitation Act, 1963

Article 65 (Schedule) → For recovery of immovable property, the limitation period is 12 years.
For government land, under Article 112, the period is 30 years.

This means:

If the real owner does not assert their legal right or file a suit within the limitation period, the adverse possessor can claim ownership.

🛠 Key Elements to Prove Adverse Possession

The person claiming adverse possession must prove:
✅ Actual, physical possession
✅ Open and notorious (not hidden)
✅ Exclusive (not shared with owner or public)
✅ Continuous and uninterrupted for the full limitation period
✅ Hostile to the true owner (without permission or recognition of owner’s title)

❗ Important: Burden of Proof

The person claiming adverse possession bears the burden to prove all these conditions.
Mere possession or illegal occupation is not enough — it must be open, continuous, and adverse to the owner’s title.

🏛 Leading Supreme Court Judgments

Some landmark rulings:
✅ Karnataka Board of Wakf vs Government of India (2004) — adverse possession must be proved like any other fact, with clear evidence.
✅ Ravinder Kaur Grewal vs Manjit Kaur (2019) — clarified that even someone in possession without title can perfect title through adverse possession.

What is a legal notice?

📜 What is a legal notice?

A notice is a formal written communication informing the other party about:
✅ A grievance or breach
✅ A demand or claim
✅ An intention to take legal action if the issue is not resolved

It gives the other party a chance to resolve or respond before litigation.

⚖ Legal Basis for Notices

There’s no single “Notice Act,” but several laws require or recognize notices, depending on the context.

Here are key examples:

1️⃣ Civil Procedure Code, 1908 (CPC)

✅ Section 80 CPC

Mandatory notice before suing the Government or a public officer
Gives the government 2 months to respond before a suit is filed

✅ General principles: Though CPC doesn’t require notice for private parties, sending a notice is good practice to show good faith and to prepare for court.

2️⃣ Contract Act, 1872

Many contracts require written notices before termination, breach, or invoking remedies.
Example: Notice to terminate a service agreement, or notice to cure a breach.

3️⃣ Transfer of Property Act, 1882

✅ Section 106

Notice for terminating a lease or tenancy (15 days or one month, depending on type)

4️⃣ Specific Acts (Insurance, Consumer, Employment, etc.)

While not always mandatory, sending a legal notice before filing:

Insurance claim disputes
Consumer complaints
Employment or labor disputes

Public Holiday Framework in India

India doesn’t have a single central law governing all public holidays — instead, holidays are governed by a mix of Central, State, and local laws, along with specific sector rules.

Here’s how it works:

1️⃣ National Holidays

There are three mandatory national holidays across India:
✅ Republic Day (26 January)
✅ Independence Day (15 August)
✅ Gandhi Jayanti (2 October)

These are generally observed across all states, government offices, banks, and many private establishments.

2️⃣ Public/Government Holidays

Governed by:

Negotiable Instruments Act, 1881 → under this, states notify bank and public holidays each year
Each State Government publishes its own list of holidays every year, often split as:
- Gazetted holidays (mandatory)
- Restricted holidays (optional; employees can choose a few)

Example: Diwali, Eid, Holi, Christmas, depending on state and local customs.

3️⃣ Weekly Holidays

Shops and commercial establishments follow:

Shops and Establishments Acts (state-specific) → generally mandate 1 weekly off (usually Sunday or as per local rule).

Factories follow:

Factories Act, 1948 → governs working hours, weekly holidays, and compensatory leave.

4️⃣ Bank Holidays

Banks get holidays under:

Negotiable Instruments Act, 1881 → states notify bank-specific holidays (some overlap with public holidays, others may not, like annual closing day on 1 April).

5️⃣ Private Sector Rules

Private companies are not always bound by government holiday lists but typically follow:

Minimum holidays as per employment contracts, company policies, or industrial standing orders.
Most companies give ~10–12 paid holidays a year, blending national and festival holidays.

⚖ Key Takeaways

✅ No uniform national holiday law; it’s a patchwork of central, state, and sector-specific rules.
✅ Employers decide additional holidays beyond mandatory ones, but workers’ rights are protected under labor laws.
✅ Employees working on public holidays (like in hospitals, airlines, essential services) are typically entitled to compensatory off or overtime pay.

What is a consumer case?

🏛 What is a consumer case?

A consumer case is a legal complaint filed by a consumer when they face:
✅ Defective goods
✅ Deficient services
✅ Unfair trade practices
✅ Overcharging
✅ Insurance claim denial or delay

For a Mediclaim insurance issue, the ground is usually deficiency in service under the Consumer Protection Act, 2019.

✍ Basic structure of a consumer complaint

Here’s what’s typically included:

1️⃣ Heading & Jurisdiction

Before which commission you’re filing (District/State/National)

2️⃣ Parties’ details

Complainant (you)
Opposite party (insurance company)

3️⃣ Facts of the case

Policy number, premium paid
Date and nature of the claim
Rejection or delay details
How the service was deficient

4️⃣ Cause of action

Date on which your right was violated

5️⃣ Relief sought

Payment of claim
Compensation for mental agony
Litigation expenses

6️⃣ List of documents attached

Policy copy, claim forms, rejection letters, hospital bills, etc.

🏷 Court fees (as per claim amount)

Depending on how much you’re claiming, you’ll need to pay a small filing fee (varies by level — District/State/National).

When can you file a consumer case against Mediclaim insurance?

💼 When can you file a consumer case against Mediclaim insurance?

You can approach the consumer forum if:
✅ Your insurance claim was wrongfully rejected or repudiated
✅ There was unreasonable delay in claim settlement
✅ You were paid less than the insured amount without valid reason
✅ The insurer engaged in unfair trade practices or deficient service

🏛 Where to file the complaint?

Under the Consumer Protection Act, 2019:

Up to ₹50 lakh: District Consumer Disputes Redressal Commission (District Commission)
₹50 lakh to ₹2 crore: State Commission
Above ₹2 crore: National Commission

The amount here refers to the value of claim plus compensation you’re asking for.

📝 How to file the complaint?

1️⃣ Draft a formal complaint under Section 35(1) of the Consumer Protection Act
2️⃣ Include:

Your details and the insurer’s details
Insurance policy number, claim details, and rejection reasons
Copies of all supporting documents (policy, bills, rejection letter, correspondence, etc.)
Nature of deficiency/unfair practice
Relief/compensation you’re seeking

3️⃣ Attach:

Prescribed court fee (based on the claim amount)
Authorization (if someone else is filing on your behalf)

⚖ What can you claim?

✔ Reimbursement of the claim amount
✔ Compensation for mental harassment and inconvenience
✔ Legal costs

The Supreme Court Collegium

The Supreme Court Collegium is the system in India through which appointments and transfers of judges to the Supreme Court and the High Courts are decided.

Here’s a clear breakdown:

✅ What is it?
The collegium is a group of the senior-most judges of the Supreme Court, led by the Chief Justice of India (CJI). It’s not mentioned in the Constitution — it evolved through judicial decisions, especially the “Three Judges Cases.”

✅ Who’s in it?

For SC appointments → CJI + 4 senior-most SC judges
For HC appointments/transfers → CJI + 2 senior-most SC judges

✅ What does it do?

Recommends names for appointment of judges to SC and HCs.
Recommends transfers of High Court judges.
Its recommendations are sent to the government (President), which formally appoints the judges. While the government can raise objections or seek reconsideration once, if the collegium reiterates its recommendation, the government is bound to accept it.

✅ Why controversial?

Lack of transparency (no formal criteria, no public reasons).
Accusations of nepotism or favoritism.
Efforts to reform it, like the NJAC (National Judicial Appointments Commission), were struck down by the Supreme Court in 2015 as unconstitutional, restoring the collegium system.