Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
adverse possession on the nazul land worsted in municipality by the state gov. is 12 ys or 30 ys . thanks
prabhakar singh
(Expert) 10 December 2011
As article 111 relates to suits for any public street or road or any part thereof and reads as below..... By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession. Thirty years The date of the dispossession or discontinuance.
It shall be article 112 which reads as below shall apply in your case since a municipal board is also a state.However even under article 112,the limitation would be 30 years as cited below;but I have a doubt if Courts will recognize the right of adverse possession or not on public land as long back our supreme court ruled with respect to Gaon sabha land not to recognize any such right;the citation is presently missing from my mind.
112. Any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government, or any State Government including the Government of the State of Jammu and Kashmir. Thirty years When the period of limitation would begin to run under this Act against a like suit by a private person.
V R SHROFF
(Expert) 10 December 2011
Very Good Detailed Reply by Shri Prabhakar Singh.
Usually it is 30years, except in Pvt Property 12 yrs.
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