Long possession of property by Power of Attorney holder does not confer ownership rights: Gujarat HC

Gujarat High Court has held that long possession of property by a Power of Attorney (PoA) holder does not create any ownership rights in their favour and directed the removal of encroachment which is on public footpath.

Rejecting the petition filed by a PoA holder challenging an encroachment removal notice, the court observed that the petitioner was neither the owner nor the allottee of the property and had no locus standi to maintain the petition. The case arose after the Amdavad Municipal Corporation (AMC) issued a notice dated November 20 to the original allottee/owner for removal of an alleged encroachment on a footpath in Krishnanagar locality near Naroda, Ahmedabad.

The petitioner – Ranjana Shitlani claiming to be the PoA holder, approached the high court contending that she had been in possession for many years, regularly paid taxes and utility bills, and was effectively the owner.

Advocate appearing for the petitioner, argued that the AMC notice violated provisions of the Gujarat Housing Board Act, 1961 and principles of natural justice, and deserved to be quashed.

Countering the submissions, the AMC’s counsel pointed out that:

The Power of Attorney relied upon by the petitioner was not executed by the original allottee but by a third party.

The removal notice was addressed to the original owner/allottee (who had consented to redevelopment), not the petitioner.

Photographs clearly established encroachment on the public footpath, which is impermissible under law.

The Court upheld the AMC’s stand, noting that the petitioner’s name appeared only in handwriting on the notice and that mere execution of a PoA or long possession does not confer title or ownership rights. Finding no illegality in the impugned notice, the High Court rejected the petition.