(Guest)

Adverse possession on land of sheduled tribe

Whether right of ownership by adverse possession can be acquired on inalienable property?

This Court in Lincal Gamango & Ors. v. Dayanidhi Jena & Ors. [AIR 2004 SC 3457] while considering the provisions of Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956 which prohibited alienation of rural property by a tribal to a non-tribal, declared such transaction to be null and void. This Court while relying upon the decision in Amrendra Pratap Singh v. Tej Bahadur Prajapati & Ors. [AIR 2004 SC 3782] has laid down that no right can be acquired by adverse possession on such inalienable property. Adverse possession operates on an alienable right. It was held that non-tribal would not acquire a right or title on the basis of adverse possession. Relevant discussion is extracted hereunder :{para 27}

“7. We find both these reasons given by the High Court are not sustainable. Coming first to the second point, we find that there is a decision of this Court direct on the point. It is reported in AIR 2004 SC 3782, Amrendra Pratap Singh v. Tej Bahadur Prajapati and Ors. The matter related to transfer of land falling in tribal area belonging to the Scheduled Tribes. The matter was governed by Regulations 2, 3 and 7-D of the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulations, 1956 viz. the same Regulations which govern this case also. The question involved was also regarding acquisition of right by adverse possession. Considering the matter in detail, in the light of the provisions of the aforesaid Regulation, this Court found that one of the questions which falls for consideration was "whether right by adverse possession can be acquired by a non-aboriginal on the property belonging to a member of aboriginal tribe"? (para 14 of the judgment). In context with the above question posed, this Court observed in para 23 of the judgment as follows :

"......The right in the property ought to be one which is alienable and is capable of being acquired by the competitor. Adverse possession operates on an alienable right The right stands alienated by operation of law, for it was capable of being alienated voluntarily and is sought to be recognized by doctrine of adverse possession as having been alienated involuntarily, by default and inaction on the part of the rightful claimant....."

“This Court then noticed two decisions one that of the Privy Council reported in AIR 1923 P.C. 205 Madhavrao Woman Saundalgekar and Ors. v. Raghunath Venkatesh Deshpande and Ors., and Karimullakhan s/o. Mohd Ishaqkhan and Anr. v. Bhanupratapsingh, holding that title by adverse possession on inam lands, Watan lands and Debutter was incapable of acquisition since alienation of such land was prohibited in the interest of the State.

Supreme Court of India

Rajasthan Housing Board vs New Pink City Nirman ... on 1 May, 2015

Bench: H.L. Dattu, A.K. Sikri, Arun Mishra