Representing the residents, advocate Prashant Bhushan pointed out that it has been over four decades since the residents, who now face eviction, started living on the said land.
“We have been living for 45 years. They gave us electricity connections,” he argued.
The Court, however, indicated that it was not persuaded that this was sufficient ground to claim any permanent rights on government land.
“Unauthorised constructions will be there since you do not own the land. But there can be no title by adverse possession without showing animus (a specific intent to control the land) … We cannot accept such title, sorry … How many suits for adverse possession have succeeded?” Justice Khanna replied during the March 22 hearing.
Nevertheless, the Court made it clear that people living on such land for decades cannot be thrown out overnight without alternative accommodation being offered.
Source: Barandbench
