The court made it clear that long-term residence or payment of property tax does not confer ownership rights.

Long stay on government land does not confer ownership: High Court

From Our Correspondent

Amaravati: The High Court has ruled that individuals occupying government land without valid ownership documents remain encroachers, irrespective of how long they have been in possession, and are not entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The court made it clear that long-term residence or payment of property tax does not confer ownership rights. It held that encroachers do not fall within the definition of “landowners” under the 2013 Act and therefore cannot claim compensation. Only those with legally valid ownership or title over land or property are eligible for compensation under the Act, the court observed.

Rejecting the petitioners’ demand, the High Court ruled that the government was under no obligation to pay compensation under the land acquisition law. It also took note of the fact that the authorities had already provided alternative housing to the affected families on humanitarian grounds.

Justice Noonpalli Harinath dismissed a batch of writ petitions filed by residents of the Gunadala area in Vijayawada, who had sought compensation claiming their lands were taken over for the construction of a railway overbridge. The court also dismissed contempt petitions filed against government officials in the matter.

During the hearing, the authorities informed the court that the land in question was recorded as government canal and burial ground land, and that the petitioners had no legal ownership documents. They argued that payment of taxes alone does not establish title. The government further submitted that 114 alternative houses had been allotted to the petitioners and other affected persons.

After hearing both sides, the High Court rejected the petitioners’ claims, holding that they were not entitled to compensation under the 2013 Act. The writ petitions, filed between 2020 and 2022, had claimed ancestral occupation, possession of electricity and water connections, and regular payment of taxes while seeking compensation for land taken up for the railway overbridge project.

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