2019 AIR CC 2236 (ORI) ::AIROnline 2019 Ori 47

Orissa High Court

Hon'ble Judge(s): A. K. Rath , J

Limitation Act (36 of 1963) , Art.64— Odisha Prevention of Land Encroachment Act (6 of 1972) , S.3(a)— Adverse possession - Claim for - Plaintiff, encroacher filing application for settlement of land in his favour - Showing absence of hostile animus - Also paying penalty in encroachment case - Date of entry into suit land not mentioned - Held, no adverse possession can be declared on property earmarked for community as Gochar, cremation ground. 2007 AIR SCW 1560; AIR 2001 SC 700, Disting.(2014) 1 SCC 669, Rel. on. (Para 15 16 17)