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ash83 (.)     17 December 2023

Adverse possession of person who has constructed house in park

Can person claim Adverse possession  who has constructed house in area reserved for park as per bda layout plan.

Over 20 people have constructed in park area knowingly. I am the land owner of that portion of park. I complained to bbmp bda ...no action taken because the layout developer has not executed deed of relinquishment deed in favor of bda or bbmp. They say illegal layout, but take no action

 

Since no action from authorities I have filed declaration, injunction and possession suit.

In this circumstances, can the people who reside constructing house and leaving for more than 12 years can claim adverse possession. 

The knowledge that my land is marked for park is only know to me recently and bbmp and bda become aware as soon I filed complaint. 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     17 December 2023

Perfecting the title by operating the law of Adverse possession cannot be claimed for encroached lands.

1 Like

Advocate Bhartesh goyal (advocate)     18 December 2023

No, merely long possession  and enrichment  of land you can't  claim title on basis of adverse possession .


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