Adverse Possession misused: Land mafia seizes properties in Thiruvananthapuram

THIRUVANANTHAPURAM: A land mafia that is illegally acquiring properties owned by NRIs and long-abandoned estates by forging fake documents is tightening its grip in the Thiruvananthapuram district. This group has reportedly taken control of hundreds of private lands in Chirayinkeezhu and Varkala taluks. There are also allegations of similar frauds occurring in other districts. The information was obtained through confidential sources within the Revenue Department. It is believed that both retired and serving officials from the department are aiding this mafia. The scam is being carried out by misusing the legal provision of Adverse Possession.

According to Rule 28 of the Transfer of Registry Rules 1966, if a person has been in continuous possession of a property for over 12 years without any public disputes, they can claim the right to pay land tax under the Thandapper system. Upon receiving an application, the village officer conducts an inquiry, collects testimonies from local residents, and submits a report to the Tahsildar, who then approves the adverse possession request. However, this approval only allows the individual to pay taxes—it does not grant ownership rights.

Once the Tahsildar's approval is obtained, fraudsters fabricate fake documents to unlawfully seize these lands and subsequently sell them. The transfer of officials who initiated the investigation into the fraud has further heightened suspicions surrounding the matter.

How the scam works
The gang, with the help of village officials, identifies properties where land tax has not been paid for years. They collect details such as survey numbers, property extent, and the owner's address. If the original owner is confirmed to have moved abroad or abandoned the land, an application is submitted claiming adverse possession. The application is filed under either the name of a fraudulent claimant or someone to whom the property is to be transferred. Corrupt officials are bribed, and false witnesses are produced to fabricate reports. The fabricated report is sent to the Taluk Office for tax registration. When the Tahsildar issues a public notice allowing objections within 15 days, the mafia ensures that this notice—meant to be displayed at village and panchayat offices—is intercepted and destroyed.

Legal violation
According to Article 296 of the Indian Constitution, all abandoned or unclaimed private lands automatically vest with the state government. It is the responsibility of village and taluk officials to take the necessary legal action regarding such properties. However, certain officials have been colluding with private individuals to unlawfully transfer these lands instead of ensuring they remain with the government.