Munawwar Ali & others Versus Union of India & others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 8830 of 2017, Judgment Date: Nov 13, 2017

Law Laid Down -

• Merely because a person has a locus standi to file the writ petition, does not mean that he is entitled to any equitable or legal relief in writ jurisdiction.
• Equitable relief on the ground of adverse possession against the State - Negated. Supreme Court judgments reported as (2000) 5 SCC 652 (State of Rajasthan vs. Harphool Singh); (2011) 10 SCC 404 (State of Haryana vs. Mukesh Kumar) and (2014) 1 SCC 669 (Gurdwara Sahib vs. Gram Panchayat Village Sirthala and another) – relied.
• Being the owner of the land, the State does not have to acquire its own land. The unauthorised occupants over the public land cannot claim to be the persons interested in the event of acquisition of the land. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is not applicable in such cases.

Munawwar Ali & others Versus Union of India & others