Public land cannot be subject to adverse possession, and the law should not benefit those who illegally occupy property.

JUDGMENT :

Vipin Sanghi, J.

The five petitioners before us have preferred this petition to assail the Notification dated 03.05.2023, issued by the Indian Railways, informing the concerned people, who are in unauthorized occupation of land belonging to the Railways, that within ten days of issuance of the notice, i.e., within ten days from 03.05.2023, they should remove themselves from the land belonging to the Railways, failing which the Railways shall get their lands vacated by use of force, and recover the amounts spent in that regard from the encroachers.

2. The petitioners claim that they, and many others, are occupying the land which is known as ‘Nagina Basti’. They claim that in that basti, there are primary schools, and other facilities, provided by the State. They also have Voter ID cards, and other documents, to establish their identity. Pertinently, none of the petitioners claim title to the land, which they are occupying. It is not their case that they have any ownership, or other right in the land, such as, that of a lessee, or licensee. They do not claim any right in the land, even by prescription.

3. Counsel for respondent Nos. 1 and 2, who appears on advance notice, has tendered in Court the instructions received by him from North Eastern Railways vide letter dated 16.05.2023, issued by Sri Ranjeet Singh Dhakkarwal, Divisional Engineer-I, to state that a joint survey was conducted on 30.08.2009, in the area of Nagina Colony, Lal Kuan, by the Railway officials and State Government officials. It is found that, at that point of time, there were 84 encroachments, mostly consisting of kaccha houses, which were illegally situated on railway land. Notices were issued on 18.04.2018, by the beating of drums to the occupants; again on 25.06.2021, by publication in the newspaper, and; by issuing individual notices on 30.06.2022. Finally, on 03.05.2023, a general notice to vacate the unauthorized occupation was issued, which has now been assailed in this petition. It is further stated that the land situated in the Nagina Colony is railway land, which is highly required for expansion of railway line, and the said colony is coming in the way of the expansion programme. It is necessary to get illegal occupants vacated from the Nagina Colony to give way to the Railway project.

4. The petitioners are seeking a discretionary relief from this Court. It is well settled that any person, who approaches this Court seeking a discretionary relief, should come with clean hands. The petitioners, pertinently, have no title to the land which they have occupied, and are illegally occupying the government property. This Court will not lend its hands, and come to protection of such persons, who are encroaching and illegally occupying the government property. We cannot pass orders to protect or advance an illegality. The petitioners are rank trespassers over government land. Pertinently, they have not even claimed any rights in the land by adverse possession. That could have been their best case. Even in respect of such a claim, the Supreme Court has observed in Hemaji Waghaji Jat Vs Bhikhabhai Khengarbhai Harijan, (2009) 16 SCC 517, as follows:

“32. …The law ought not to benefit a person who in a clandestine manner takes possession of the property of the owner in contravention of law. This in substance would mean that the law gives seal of approval to the illegal action or activities of a rank trespasser or who had wrongfully taken possession of the property of the true owner.

33. We fail to comprehend why the law should place a premium on dishonesty by legitimising possession of a rank trespasser and compelling the owner to lose his possession only because of his inaction in taking back the possession within limitation…”

5. In Ravinder Kaur Grewal Vs Manjit Kaur, (2019) 8 SCC 729, the Supreme Court relied upon Jagpal Singh Vs State of Punjab, (2011) 11 SCC 396, and held that “at this stage, the decision of this Court in Jagpal Singh (supra) is requir