MADURAI: Observing that the indifference of officials in evicting encroachers from a government land would not mean that the encroachers would acquire rights, the Madurai Bench of the Madras High Court recently allowed an appeal filed by the state to retrieve a five-acre government land, which lies in the foreshore area of Vandiyur irrigation tank in Madurai, from private individuals.
A family was in possession of the aforesaid land since 1961 by paying some amount as ‘land revenue’ to the government. They later claimed ownership of the land, which was confirmed by Madurai District Munsif Court in 1995. The property was then purchased by PRP Exports in 2005.
The government belatedly preferred an appeal against the Munsif Court decree before Principal District Judge, Madurai in 2016 but the same was dismissed four years later, challenging which the government filed the present second appeal.
When a bench of justices G R Swaminathan and B Pugalendhi heard the appeal, Additional Advocate General R Baskaran contended that the receipts shown are not land revenue, but a penalty paid to the government for illegal occupation of the waterbody.
The bench held that they were not ‘kist’ receipts, and rejected the PRP Exports’ plea under the principle of adverse possession. The judge opined that the plea of adverse possession cannot be made in respect of a waterbody.
Though the counsel argued that the land is only a foreshore area and not a waterbody, the judges said a waterbody cannot be confined only to the land where the water gets actually collected. It also includes the bund and the foreshore area and the water spread area, they said.
Even if a waterbody has fallen into disuse, it must be restored, the judges said, and set aside the lower court order. They also appreciated the AAG, Baskaran, for his effective assistance to the court.