MTWA encourages and supports their members to restore their property possession by legal course of action. If your plot in Mehran Town has been occupied illegally you should have to lodge a lawsuit under Illegal Dispossession Act, 2005. The illegal dispossession Act was promulgated on 25th July, 2005 to protect the lawful owner and occupiers of immoveable properties from their illegal or forcible dispossession there from by the property grabbers. The illegal dispossession act applies to dispossession from immoveable property by the property grabbers, qabza group and land mafia.
The bill has been introduced to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession there from by the land grabbers and hand down severe punishments to them.
Under the Bill, no one could enter into or upon an any property to dispossess, grab, control or occupy it without having any legal authority to do so with intention to dispose, grab, control or occupy the property from owner or occupier of the such property.
And those found guilty of dispossessing legal owner of a property would be sentenced to ten-year imprisonment or fine or both.
Session courts would hear illegal dispossession cases under the sub-section of Section (4) of the Bill.
The offence would be non-cognizable act and the court might direct the police to arrest the accused at any stage of the proceedings.
Under the clause (5), the court would order officer-in-charge of a police station to complete investigation and forward directly to the court a report within fifteen days.
The court would take a suo moto action in a case and after doing so, the court would proceed with the trial on daily basis, decide it in 60 days and sufficient reasons would record for any delay.
Under the section (3), court would not adjourn any trial of illegal dispossession case for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice and no adjournment would be granted for more than seven working days in any case .
If the court were not satisfied that none of the persons are in possession immediately before the commission of the offence, the court would attach the property until final decision of the case.
In case of the attachment, the methods of its management, safeguard against natural decay or deterioration would be determined by the court.
The bill says if during trial, the court is satisfied that a person is found prima facie to be not unlawful possession, the court would direct the accused to put the owner or occupier in possession, as interim relief .
The bill further says where the person against whom any such order is passed under sub-section (1) fails to comply with the same, the court would take necessary steps and issue orders to owner or occupier in possession.
The court would also authorize any official or officer to take possession for securing compliance with its orders under sub-section (1) and the person so authorized would use and cause to be used such force as required.
And if any person authorized by the court, under sub-section (3) requires police assistance in the exercise of his power under the law, he would send a requisition to the officer-in-charge of a police station who would render sought-for assistance on such requisition.
The failure of the officer-in-charge of police station to render assistance under sub-section (4) would be amount to misconduct for which the court would direct the departmental action against him, the bill says.
 | Downloadable copy of Illegal Dispossession Act, 2005 The Illegal Dispossession Act, 2005 (Act No. XI of 2005) has made the illegal dispossession of immovable property an offence. The Court of Sessions stands empowered to take cognizance of the offences under this Act. It makes mandatory upon the court to proceed on day to day basis and finally dispose off the case within sixty days. It also protects the right of possession of lawful owner. (Provisions 08, pages 641-644, Extraordinary Edition). |
The Gazette of Pakistan
EXTRAORDINARY
PUBLISHED BY AUTHORITY
(ISLAMABAD, THURSDAY, JULY 7, 2005)
PART - I
Acts, Ordinances, President's Orders
and Regulations
SENATE SECRETARIAT
Islamabad, the 6th July, 2005
The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 30th June, 2005, is hereby published for general information:-
ACT NO.XI OF 2005
An Act to curb the activities of the
property grabbers
WHEREAS it is expedient to protect the lawful owners and
occupiers of immovable properties from their illegal or forcible dispossession
there from by the property grabbers;
It is hereby enacted as follows:-
1. Short title, extent and commencement
(1) This Act may be called the Illegal Dispossession Act, 2005 It extends to the whole of Pakistan. It shall come into force at once.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context, "Court" means the Court of Session; "Code" means the Code of Criminal Procedure, 1898 (Act V of 1898); "occupier" means the person who is in lawful possession of a property; "owner" mean the person, who actually owns the property at the time of his dispossession, otherwise than through a process of law; and "Property" means immovable property.
3. Prevention of illegal possession of property, etc
(1) No one shall enter into or upon any property to dispossess, grab, control or occupy it without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owner or occupier of such property.Whoever contravenes the provisions of the sub-section (1) shall, without prejudice to any punishment to which he may be liable under any other law for the time being in force, be punishable with imprisonment which may extend to ten years and with fine and the victim of the offence shall also be compensated in accordance with the provision of section 544 A of the Code.
4. Cognizance of offence
(1) Notwithstanding anything contained in the Code or any law for the time being in force, the contravention of section 3 shall be triable by the Court of Session on a complaint. (2) The offence under this Act shall be non-cognizable. (3) The Court at any stage of the proceedings may direct the police to arrest the accused.
5. Investigation and procedure
(1) Upon a complaint the Court may direct the officer-in-charge of police station to investigate and complete the investigation and forward the same within fifteen days to the Court. Provided the Court may extend the time within which such report is to be forwarded in case where good reasons are shown for not doing so within the time specified in this sub-section.
(2) On taking cognizance of a case, the Court shall proceed with the trial from day to day and shall decide the case within sixty days and for any delay, sufficient reasons shall be recorded.
(3) The Court shall not adjourn the trial for any purpose unless such adjournment is in its opinion, necessary in the interest of justice and no adjournment shall in any case be granted fro more than seven days.
6. Power to attach property
(1) If the Court is satisfied that none of the persons are in possession immediately before the commission of the offence, the Court may attach the property until final decision of the case. (2) In case of attachment, the methods of its management, safeguard against natural decay or deterioration shall be determined by the Court.
7. Eviction and mode of recovery as interim relief
(1) If during trial the Court is satisfied that a person is found prima facie to be not in lawful possession, the Court shall, as an interim relief direct him to put the owner or occupier, as the case may be, in possession.
(2) Where the person against whom any such order is passed under sub-section (1) fails to comply with the same, the Court shall, notwithstanding any other law for the time being in force, take such steps and pass such order as may be necessary to put the owner or occupier in possession.
(3) The Court may authorize any official or officer to take possession for securing compliance with its orders under sub-section (1). The person so authorized may use or cause to be used such force as may be necessary.
(4) If any person, authorized by the Court, under sub-section (3), requires police assistance in the exercise of his power under this Act, he may send a requisition to the officer-in-charge of a police station who shall on such requisition render such assistance as may be required.
(5) The failure of the officer-in-charge of police station to render assistance under sub-section (4) shall amount to misconduct for which the Court may direct departmental action against him.
8. Delivery of possession of property to owner, etc.
(1) On conclusion of trial, if the Court finds that an owner or occupier of the property was illegally dispossessed or property was grabbed in contravention of section 3, the Court may, at the time of passing order under sub-session.
(2) of that section, direct the accused or any person claiming through him for restoration of the possession of the property to the owner or, as the case may be, the occupier, if not already restored to him under section 7. (2) For the purpose of sub-section (1), the Court may, where it is required, direct the officer-in-charge of the police station for such assistance as may be required for restoration of the possession of the property to the owner or, as the case maybe, the occupier.
9. Application of Code.
(1) Unless otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1898 (V of 1898), shall apply to proceedings under this Act.
RAJA MUHAMMAD AMIN, Acting Secretary
