Government Land
2 articles
Supreme Court: A Lessee Cannot Use Article 226 to Reopen a Title Dispute Its Landlord Already Lost
Deciding an appeal arising from a decades-old encroachment dispute over land in Hyderabad, the Supreme Court held that lessees claiming through a trust could not invoke Article 226 to protect their possession once the trust itself — after losing before the Division Bench and withdrawing its own Special Leave Petition with liberty only to file a fresh suit — was barred from doing so. The lessees' writ petitions, filed in their own names soon after the trust's remedy was confined to a civil suit, were themselves an attempt to keep the writ route open by other means.
12 min readA Right of Way Is Not a Right to Exclude: Bombay High Court on Gated Access Over Government Land
Forty-five years of maintaining a gate at the entrance to a government access road did not give a Mumbai housing society the right to keep it there. The Bombay High Court's order separates a permissive right of way from an allotment of land, and shows why a pending adverse possession suit over one plot does not shield unrelated encroachments on another.
13 min read