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Land grab, even by poor, illegal by Samanwaya Rautray

The Supreme Court has struck a blow against a menace “as old as human civilisation”, saying courts cannot sanction encroachments even if the land-grabbers are poor.

In a ruling last week in a case that went back over 40 years, a two-judge bench said it was “necessary to remember” that no amount of vigil could stop unauthorised occupation of public land by “unscrupulous” elements who “act like vultures”.

Justices G.S. Singhvi and A.K. Ganguly said such elements “raise illegal constructions” and, at times, have “succeeded in manipulating the state apparatus” for getting their occupation, possession or construction “regularised”.

The verdict came as the bench set aside a June 2000 high court order that upheld the claim of Andhra Pradesh resident Goundla Venkaiah to five acres of government land his family had been in possession for over 50 years.

The high court had said the silence of the authorities — from 1959 till a petition before a special tribunal in 1990 — clearly indicated they had acquiesced with the family’s stand that as landless poor, they were entitled to the plot.

It also said if the authorities were serious to evict Venkaiah’s predecessor Gonda Mallaiah, they would not have allowed the family to retain possession of the land for 50 years and collected revenue from them. The court overturned rulings by a special court and the tribunal set up under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

The apex court did not agree. It said courts were “duty bound” to act with “greater seriousness” if an unauthorised occupant of public property made a plea saying he had “perfected title by adverse possession”, as it warned courts to remain vigilant against a “phenomenon… as old as human civilisation”.

“Any laxity… may… give an upper hand to encroachers, unauthorised occupants or land grabbers,” it said.

According to the revenue officer of Rangareddy district, Mallaiah had occupied the plot classified as government land. In 1965 and 1986, notices were sent to Mallaiah, but no order appears to have been passed for his eviction.

In 1990, a revenue official moved the special tribunal but Mallaiah had by then died. His legal heirs said they had acquired the title as they were in possession of the land for over 50 years. They also pleaded that being landless poor, they were entitled to the land.

But the tribunal ruled the land had been encroached on and asked Mallaiah’s successors to hand over possession to the government within two months. The special court upheld the tribunal’s order. But the high court ruled in the family’s favour before the apex court threw out their plea.