Kishwar, Sanya Darakhshan
ORCID: https://orcid.org/0000-0001-6716-0728, Bhattacharya, Aditya and Chaudhary, Prisha
(2026)
The Invisible City: How Adverse Possession Could Save Dharavi, India.
Journal of Legal Studies & Research, 1 (2).
pp. 68-87.
Central University of Karnataka
.
ISSN 3139-4345
Available at: https://cukjls.cuklaw.in/the-invisible-city-how-ad...
The Invisible City.pdf - Published Version
Download (300kB) | Preview
Abstract
Between 2022 and 2023 alone, around 740,000 individuals were removed from their homes, and over 150,000 houses were pulled down by Indian government authorities; more than half of these demolitions were carried out on the pretext of upgrading their condition (Housing and Land Rights Network [HLRN], 2024). The paper inquires whether the continuous, ancient, and open occupancy of land by the people of Dharavi qualifies as adverse possession under Indian Law, and whether there is a possible legal route to exploit it. By analyzing the Limitation Act of 1963 and its interpretation in the courts, the authors demonstrate that while the duration and openness conditions of adverse possession may be met by many residents of Dharavi easily, there remain two significant problems: in an informal settlement like Dharavi it is impossible to set the starting date of occupancy, and the existence of a contradiction between the occupying population and the state, which provided the people with water and electricity, and ration cards as well. The authors also investigate the thirty-year limitation period that is imposed on public land under Article 112, as well as the Supreme Court’s ambiguous attitude towards the doctrine of adverse possession. Ultimately, the paper reinforces its conclusion that adverse possession is more a legal principle than a litigation strategy.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Adverse Possession; Dharavi | Slum Redevelopment | Limitation Act 1963 | Right to Shelter | Urban Displacement |
| Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies Social Sciences and humanities > Social Sciences > Planning and Development Social Sciences and humanities > Social Sciences > Urban Studies |
| Divisions: | Jindal Global Law School |
| Vol/Issue no. published date: | June 2026 |
| Depositing User: | Mr. Syed Anas Ali |
| Date Deposited: | 28 Sep 2026 05:14 |
| Last Modified: | 29 Sep 2026 07:13 |
| Official URL: | https://cukjls.cuklaw.in/the-invisible-city-how-ad... |
| URI: | https://pure.jgu.edu.in/id/eprint/12695 |
Downloads
Downloads per month over past year
