VIJAYAWADA: The Andhra Pradesh High Court has categorically held that persons occupying government land remain encroachers, irrespective of how long they have been residing there, and cannot claim ownership or compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Justice Nune Harinath clarified that long-term occupation does not confer ownership rights and that, in the absence of valid title documents, such occupants do not fall within the definition of ‘landowners’ under the 2013 Act. The court ruled that encroachers cannot seek compensation on par with lawful owners whose land is acquired for public purposes.
The judgment was delivered while dismissing a batch of writ petitions filed by residents of the Gunadala area in Vijayawada, who sought compensation for land taken over for the construction of a Railway Over Bridge (ROB). The petitioners claimed they had been living on the land for generations, paid property taxes regularly, and possessed electricity and municipal water connections. They argued that eviction without compensation would severely impact their livelihoods, as many depended on small shops run from the premises.
Opposing the claims, government authorities informed the court that the land in question was government poramboke land, recorded as canal and burial ground land. They contended that payment of taxes or possession of utility connections does not establish the ownership over the property. The authorities also pointed out that, on humanitarian grounds, the government had already allotted 114 alternative houses to the affected persons. They further emphasised that the ROB was essential to ease traffic congestion in Vijayawada and served a larger public interest.
After hearing both sides, the High Court dismissed the writ petitions as well as contempt petitions filed against officials. The court reiterated that only those with legally valid ownership rights, patta holders, or persons recognized as owners by a competent court are eligible for compensation under the 2013 Act.