Gratuitous Occupancy Gives No Property Rights: J&K HC

Gratuitous Occupancy Gives No Property Rights: J&K HC

  • Case Name: M/S M. R. Industries v. Union Territory of Jammu and Kashmir
  • Judge(s): Justice Sanjay Dhar

The Jammu and Kashmir High Court ruled that a person occupying land gratuitously, without formal permission, does not acquire ownership rights.

This case arose from M/S M. R. Industries which was granted a lease for two kanals of land for industrial use and occupied an adjacent disputed migrant property without authorization, leading to a legal challenge over their claim to the additional land.

The court, citing the J&K Land Revenue Act, 1996, and Maria Fernandes case,  ruled that gratuitous possession grants no legal rights. It dismissed M/S M.R. Industries' appeal, affirming that unauthorized occupation is not protected by law.

9 months ago

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