Wednesday 24 May 2023

Can a trespasser claim that their construction is authorized if they have performed construction after obtaining permission?

Further this Court in the case of Mr. G.S.J. Shapoorjee v. Allahabad Development Authority & Ors., 2016 11 ADJ 524 has held in paragraph 45, 46, 56, 57 and 58 as under:-

45. ........Mere fact that map was sanctioned and thereafter constructions were raised, would make no difference for the reason that all transactions were void ab initio. The petitioners had no right over land, they were unauthorised occupants, hence question of making construction by getting a map sanctioned by ADA does not arise at all. Any act of ADA would not create any legal right in favour of petitioners which otherwise they also do not possess.
46....... A trespasser is not entitled to get sanction and raise constructions on a land over which it has no right,so as to create right over land. The entire things are illegal and void ab initio. {Para 41}


Case :- WRIT - C No. - 6183 of 2016

 D.B. Kauser Vs  State Of U.P. And 4 Others

Coram: Hon'ble Kshitij Shailendra,J.
Delivered on 10.05.2023.
Neutral Citation No.-2023:AHC:102783.
Read full Judgment here: Click here
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