The recent Supreme Court Judgment in case of Vidya Devi
Vs. The State of Himachal Pradesh and Ors, Civil Appeal
nos. 6061 OF 2020, has restored the faith of the Indian Citizen in
the Judiciary as a saviour of human rights, where the State
Government was trying to derogate the rights of the citizens. The
Supreme Court laid down an important principle that, a Welfare
State cannot take the benefit arising out of the Doctrine of
Adverse Possession.
The Judgment provided the protection to citizens from State
adversely taking the possession of the property of a citizen. The
court stated that forcibly taking possession of a person's
private property is a violation of fundamentals of human rights and
also Article 300A of the Constitution of India. It also stated that
the State cannot invoke the benefits of the Doctrine of Adverse
Possession and claim the title over such a forcibly acquired
property without paying any compensation.
