All HC | Land acquired for air firing/bombing range, having been illegally encroached, would not confer any right on encroachers

Allahabad High Court: This petition was filed before the Bench of Pankaj Kumar Jaiswal and Dr Yogendra Kumar Srivastava, JJ., praying that the process of demarcation of land should be stopped and that petitioner’s peaceful possession of the Bhumidhari land was not interfered with.

Facts of the case were that disputed land was acquired for air firing/bombing range, but certain areas were found to have been encroached by petitioners. Petitioners submitted that they have a title over the land through a sale deed which was duly registered. But the same was negated stating that mere registration of a document would not per se create a new title and come in the way of the government in asserting its right, and title to the land, and claim the property back, in accordance with the law. Further, the respondent contended that the petitioner was in illegal occupation over a certain area covered by the air force. Catena of cases were referred to which stated that entry in revenue record of rights is merely an evidence of possession with a fiscal purpose.

High Court was of the view that petitioner failed to substantiate his plea on the basis of any document on record to his right, title or interest in the property. Petitioner had also failed to show how he came into possession over land in respect of which acquisition was completed. Therefore, this petition was dismissed. [Harish Chandra v. Union of India, 2019 SCC OnLine All 2105, Order dated 24-04-2019]

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