Hyderabad: When the legal point was raised as to whether the government can make entries in revenue records incorporating its name, the High Court said that it is not permissible and the government must go to a civil court.
There are several instances of the High Court stating that the government has no authority and it does not have the right to change the classification of land by infringing on the rights of the owners. Courts have also directed that the government has to approach civil courts and only then proceed to get the declaration of its title on a piece of land.
It seems that the concept of continuing wrong and the concept of recurring cause of action are something the higher authorities and staff at the revenue department go by.
Advocate Lalitha Gayathri says this opinion is shared by the public that has suffered bitter experiences with land issues because of the actions of the revenue staff.
The High Court has given directions that before including a particular piece of land in the prohibition list, objections and claims from the possessors or owners must be received, but this has never been implemented, Ms Gayathri said.
In many cases, even the Supreme Court has held that the acts of the government in changing classification of land etc are a continuing wrong, that it creates a continuing source of injury and renders the doer responsible and liable for the continuance of the injury.
It is necessary to have conclusive titling of land, said advocate K. Pavan Kumar, but that will require amendments in the law to create a unified legal framework that provides for guaranteed land ownership.
Mistakes made by the governance should not cause agony to citizens and they should not be forced to approach the courts as it also places a financial burden on them, Mr Kumar said.
