limitation act

This query is : Resolved 
 


Querist : Anonymous (Querist)
30 January 2010

Respected sir,
whether state can take plea of adverse possession against their citizen and if yes than wheather govt. can be anyhow against against them and what about land aquisition act and if yes than Could anyone please help me with the recent judgements along with refences given in cases of Adverse Possesion by Supream court.
Seeking for free advice...thanks , sachin agrawal advocate .




Guest (Expert)
30 January 2010

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Sachin Bhatia (Expert)
30 January 2010

State cannot take a plea of adverse possession against the citizen.

Sachin Bhatia (Expert)
30 January 2010

Land can be acquired either by the state or the central government for the purposes listed under state and central list respectively unless the central government delegates the task to the state government under article 258(1) of the Constitution. The term “appropriate government” in the act would imply the government weather centre or state that issues a notification under section 4 to acquire the land.


Srinath Kondapally (Expert)
30 January 2010

Mr. Sachin is correct

P. Venu (Expert)
30 January 2010


Perhaps, the matter could be viewed from another angle. As per the Constitution (Article 300A), no person can be deprived his property save by authority of law. The State's plea of adverse possession against its citizen amounts to seeking validation of an unconstitutional act. Law of limitation does not apply to illegal acts.

Adinath@Avinash Patil (Expert)
31 January 2010

STATE CAN NOT TAKE PLRA OF ADVERS POSSESSION.



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