Supreme Court upholds state ownership of land donated for veterinary hospital in 1958
Justices Vikram Nath & KV Viswanathan [10-07-2024]

Read Order: THE STATE OF PUNJAB & ORS v. BHAGWANTPAL SINGH ALIAS BHAGWANT SINGH (DECEASED) THROUGH LRS[SC- CIVIL APPEAL NO. 7379 OF 2024]

LE Correspondent

New Delhi, July 18, 2024:The Supreme Court has ruled in favor of the State of Punjab in a long-standing land dispute case against one Bhagwantpal Singh, dismissing the latter's suit for possession of a 2176.6 sq yard plot in Samana, Patiala.

The apex court allowed the appeal filed by the State challenging the Punjab & Haryana High Court order that had earlier restored possession of the land to Bhagwantpal Singh, son of the original owner Inder Singh.

The State contended that Inder Singh had donated the land way back in 1958 for constructing a veterinary hospital, which has been functional on the site since 1958-59. In its judgment, the Supreme Court observed that Inder Singh did not object to the construction of the hospital during his lifetime, indicating that he had actually donated the land for public cause. The court noted that the suit filed by his son Bhagwantpal Singh in 2001, 43 years later, was clearly barred by the 12-year limitation period under Article 65 of the Limitation Act.

The top court held that merely because Bhagwantpal Singh's name continued in the revenue records, it did not confer ownership rights, as such records are only for the purpose of realizing taxes. Since no declaration of ownership was sought, and only possession was prayed for, the suit was not maintainable after the title had already passed to the State upon the 1958 donation, the court said.

"It is unfortunate that after 43 years, his son filed the suit for possession without seeking declaration, as in case, he would have sought relief of declaration, the suit would have been further barred by time for the said relief also," the judgment stated.

The Supreme Court restored the decree of the first appellate court that had dismissed Bhagwantpal Singh's suit, setting aside the High Court order. The ruling upholds the State's ownership of the land based on the original donation and over 60 years of uninterrupted possession and usage for the veterinary hospital.