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Civil Property & InheritanceSupreme Court of India

G. Manikyamma and Others v. Roudri Co-operative Housing Society Ltd. and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 10534-10535 of 2014)Decided 25 Nov 2014
Civil Appeal Nos. 10534-10535 of 2014
Justice J. Chelameswar · Justice S.A. Bobde

Background

A Hyderabad housing society claimed land through a sale agreement and later government allotment, while hundreds of hut-dwelling families occupied part of it. The State Human Rights Commission issued competing directions concerning the families' protection and relocation, and the High Court ultimately ordered their eviction and rehabilitation. The occupants and the State challenged those orders amid unresolved questions about ownership, lawful acquisition under urban land-ceiling legislation and possession.

Decision Breakdown

The Supreme Court set aside both Human Rights Commission orders and the relevant High Court judgments. The Commission had no power to decide disputed ownership and possession, and no competent forum had established the respective rights of the society, occupants and State. Declaring land surplus did not by itself prove that the statutory acquisition and possession procedures had been completed, so the State's power to use force for eviction was unestablished. The parties could pursue appropriate legal remedies, but everyone, including State authorities, had to preserve the existing possession of the disputed four acres and ten guntas until a competent forum determined those rights.

Lesson Learnt

Even people alleged to be squatters can be evicted only through the applicable legal process. A property claimant cannot use a Human Rights Commission order as a substitute for proving its right to possession before the appropriate forum.

G. Manikyamma and Others v. Roudri Co-operative Housing Society Ltd. and Others – Legal Case Shots | LegalAware