LAW COMMISSION’S RECOMMENDATION ON ADVERSE POSSESSION

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Keywords – Adverse possession, Law Commission, Limitation Act.

Adverse possession is a legal concept that allows a person who has unlawfully detained someone’s else’s land for a certain period of time and later he claims legal ownership of that land. In India, this concept has been part of the set legal framework for a long time and is also mentioned clearly with articles in our Limitation Act.

To claim adverse possession as a person, the occupier must prove in the court of law that he has been in smooth as well as uninterrupted (that is no interruption by the real owner) possession of that particular land for at least 12 years so he claims to be the owner of that land and that the possession was open blatant and contrary to the true owner. So the question arises that whether there is need of some change in this existing law or not?

The law permitting adverse possession has been criticized by the Supreme Court of India in two of its recent judgements that is Hemaji Wagaji v Bhikhabhai Khengarbhai and State of Haryana v Mukesh Kumar. In both these judgements the division benches headed by retired judge Dalveer Bhandari emphasized the need to have a fresh look at the legal provisions. The apex court had taken an unkind view to the concept of legal possession and described it as irrational, illogical and wholly disproportionate for the true owner besides being a means for unjust enrichment for a dishonest person who has illegally taken possession and is promoting them.

The Law commission of India has supported this law in its 280^th report and its head who is former Karnataka High Court Chief Justice Ritu Raj Awasthi has opined that the law is for the benefit of public at large while its ex-officio members representing the Union Law Ministry have dissented. In its latest report the Law Commission has recommended that no changes be made to these limitation periods and has recommended against enlarging the period of limitation provided under Article 64, 65, 111, 112 of the Limitation Act which encapsulates the law on adverse possession. It also recommended to extend the 12 years possession time period.

The ex-officio members of the Law Ministry have also expressed there dissent saying that the Commission did not consult the relevant ministers of the government of India and states from where useful inputs could have been received. They expressed the apprehension that the provision might be misused by land grabbers and land or builder mafias.

Written by – Yashashvi Mishra, College – S S Khanna Girls Degree College, Prayagraj UP, Year – 2^nd year 4^th semester, an intern under Legal Vidhiya