The Practical Lawyer

State of Haryana v. Mukesh Kumar, (2011) 10 SCC 404

Property Law

Adverse Possession

Recommendation for abolition of, made - Development of law of adverse possession traced - Held, basis of law of
adverse possession i.e. inaction within limitation period, is wholly irrational, illogical and disproportionate - Held, situation
having changed now, statute demands a change - Recommendation issued to Union of India for abolition of law of
adverse possession and in alternative to make suitable amendments in law of adverse possession - Even England,
wherefrom the law of adverse possession has been inherited, has amended and changed its law in this regard,
particularly in light of the view that right to property is a human right, (2011) 10 SCC 404-A

Human and Civil Rights

Right to Property

Nature and scope - Held, right to property is not only a constitutional or statutory right but also a human right - Hence
claim of adverse possession has to be read in that context - Substantial changes made in English law on this basis,
hailed, (2011) 10 SCC 404-B

Property Law

Adverse Possession

Claim of adverse possession by Government - Impermissibility - Held, State, being a welfare State cannot acquire land
of its citizens by adverse possession, (2011) 10 SCC 404-C

Property Law

Adverse Possession

Claim of adverse possession - Nature of - Reiterated, a right of adverse possession is a negative right - Held, a person
pleading adverse possession has to establish all facts necessary to establish adverse possession - No equity would arise
in favour of claimant by adverse possession, (2011) 10 SCC 404-D

Property Law

Adverse Possession

Interference by Government with the right of ``peaceful enjoyment of property'' - Principles reiterated, (2011) 10 SCC
404-E

Practice and Procedure

Costs

Exemplary costs - Frivolous petition wasting time of court - Costs of Rs 50,000 imposed on State to be deposited with
National Legal Services Authority, (2011) 10 SCC 404-F

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