AIR 1982 SUPREME COURT 1081 ::1982 UJ (SC) 259 ::1982 (2) SCC 134 ::(1982) 2 SCJ 306 ::(1982) 3 SCR 500 (SC) ::(1982) 2 APLJ 7

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): Y. V. Chandrachud, A. Varadarajan, Amarendra Nath Sen , JJJ

(A) Andhra Pradesh Land Encroachment Act (3 of 1905) , S.6(1), S.7— Person in unauthorised occupation of Government land- Power of Government to evict summarily - @page-SC1082Cannot be resorted to in cases where complicated questions of title arise for decision. The summary remedy for eviction which is provided for by S. 6 of the Act can be resorted to by the Government only against persons who are in unauthorised occupation of any land which is "the property of Government". If there is a bona fide dispute regarding the title of the government to any property, the Government cannot take a unilateral decision in its own favour that the property belongs to it, and on the basis of such decision take recourse to the summary remedy provided by S. 6 for evicting the person who is in possession of the property under a bona fide claim or title. The summary remedy prescribed by S. 6 is not the kind of legal process which is suited to an adjudication of complicated questions of title.(Para 7) Held, that the questions as to the title to the three plots could not appropriately be decided in a summary inquiry contemplated by Ss. 6 and 7 of the Act. The long possession of the respondents and their predecessors -in-title of those plots raised a genuine dispute between them and the Government on the question of title, remembe....