A parsi lady has a bungalow on army land on long lease of 75 years. Her lease is valid till 2033. She has been using this land as an animal shelter for last 30 years. She has so far never received any objection or notice from the Army or the Cantonment Board for using this land for the purpose of welfare of animals. She also formed a trust one the same location for the welfare of animals around 10 years ago.
My question is....
1. Can the army now seize the land stating that the residential land has been converted to animal shelter while it was meant for residence? There is something know as the "right of the custom" does anyone have any caselaw on this. I know that people who use certain road or bylanes get automatic right in some time.
2. Can the land continue to remain an animal shelter after the lady has passed away as her trust is established on the same peice of land?
MJO
