Illegal Possession Cannot Be Equated with Ownership, Rules Court in Landmark Case
Vijayawada, January 27, 2026 — In a significant judgment, the Andhra Pradesh High Court has dismissed a series of writ petitions filed by residents of the Gunadala area in Vijayawada, who sought compensation for land they had occupied for decades. The court, presided by Justice Sri Harinath N, ruled that illegal encroachers of government land cannot claim compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, unless their possession is validated by legal documents or government-issued pattas.
The petitioners, residents of Sy.No.284/4, argued that they had acquired the property through their ancestors and had been living there for over a century. They contended that their long-standing possession and payment of property taxes should be considered as legal ownership, thereby entitling them to compensation under the 2013 Act. The properties in question were slated for acquisition by the Vijayawada Municipal Corporation for the construction of a railway over bridge (ROB).
Despite the petitioners' claims, the court found that none of them provided valid title documents to substantiate their ownership claims. Justice Harinath emphasized that the possession of land by encroachers is illegal and cannot be equated with legal ownership. The court reiterated that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is designed to benefit landowners with valid title and not encroachers.
The court also noted that while the assessment of property for tax purposes and payment of utility bills may occur, they do not confer legal ownership. As a result, the petitioners' claims for compensation were dismissed. The court underscored the need for a legal and moral obligation to follow due process in evicting encroachers but clarified that encroachers cannot claim equities for compensation on par with valid landowners.
In compliance with previous orders, the respondent authorities issued eviction notices to the petitioners. On humanitarian grounds, alternate housing was provided to affected encroachers. However, the court concluded that the petitioners' cases did not fall within the legal definitions of landowners under the 2013 Act, and therefore, their claims for compensation could not be entertained.
This ruling reinforces the principle that illegal encroachment does not confer ownership rights and clarifies the limitations of the 2013 Act concerning compensation claims by encroachers. The judgment is likely to impact similar cases involving encroached government land across the state.
Bottom Line:
Illegal encroachers of government land cannot claim compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and such possession cannot be regularized unless supported by valid legal documents or government-issued pattas.
Statutory provision(s): Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Sections 3(n), 3(r), 27
Thota Venkatadri v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2844686
