for publication IDA 2011

The Illegal Dispossession Bill, 2011
Draft Bill
A training program was held in the Sindh Judicial Academy in the month of January
2011. Judicial officers of the rank of District & Sessions Judges and Additional District
& Sessions Judges attended the program. Learned speakers initiated healthy
discussion on the subject. Most of the participants and the speakers were of the view
that the law needs to be improved. Author of this bill was one of the participants and
in the light of discussion, the law was reviewed and a draft was prepared. Learned
members of the Bar and Bench may share their views as to further improve the draft.
Draft Bill is as under-
ACT NO. ____OF 2011
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, 2011.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,
(a) "Court" means a court established or designated under section 6;
(b) "Occupier" means the person who is in lawful possession of a land;
(c) "Owner" means the person, who actually owns the land at the time of
dispossession, otherwise than through a process of law;
(d) "Land" includes rights in or over land, benefits to arise out of land, and
buildings, structures and other things attached to the earth or permanently
fastened to anything attached to the earth;
(e) "Land grabber" means a person or a group of persons who commits land
grabbing and includes any person who gives financial aid to any person for
taking illegal possession of lands or for construction of unauthorised structures
thereon, or who collects or attempts to collect from any occupiers of such lands
Proposed by Muhammad Shahid Shafiq, Dist. & Sessions Judge Page 1

rent, compensation and other charges by criminal intimidation, or who abets
the doing of any of the above mentioned acts, and also includes the successors-
in-interest;
(f) "Land grabbing" means every activity of grabbing of any land (whether
belonging to the Government, a local authority, a religious or charitable
institution or endowment, or any other private person) by a person or group of
persons, without any lawful entitlement and with a view to illegally taking
possession of such lands, or enter into or create illegal tenancies or lease and
licence agreements or any other illegal agreements in respect of such lands,
or to construct unauthorised structures thereon for sale or hire, or give such
lands to any person on rental or lease and licence basis for construction, or
use and occupation, of unauthorised structures; and the term "to grab
land" shall be construed accordingly;
(g) "Person" includes a group or body of persons, an association, or a
religious or charitable institution or endowment, whether incorporated
or not;
(h) "Unauthorised structures" means any structure constructed, without express
permission in writing of the authority concerned, or except in accordance with any
law for the time being in force in the area concerned; and
(i) “Government” means the Federal Government and the Provincial Governments of
each province.
3. Prevention of illegal possession and land grabbing of property, etc.- (1) Land
grabbing in any form is hereby declared unlawful; and any activity connected with or
arising out of land grabbing shall be an offence punishable under this Act.
(2) No one shall enter into any property to dispossess without having any lawful
authority with the intention to dispossess, grab, control or occupy the property from
owner or occupier of such property.
(3) Whoever contravenes the provisions of the sub-section (2) 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 fourteen years and with
fine which may extend to five million rupees and the victim of the offence shall
also be compensated in accordance with the provision of section 544 A of the Code of
Criminal Procedure.

4. Prohibition of land grabbing.- (1) No person shall commit or cause to be
committed land grabbing.
(2) Any person who, on or after the commencement of this Act,
continues to be in occupation, otherwise than as a lawful tenant, of a grabbed
land belonging to the Government, local authority, religious or charitable
institution or endowment, or other private person, shall be guilty of an offence
under this Act.
(3) Whoever contravenes the provisions of sub-section (1) or sub section (2)
shall on conviction, be punished with imprisonment for a term which shall not
be less than six months but which may extend to five years, and with fine
which may extend to fifty thousand rupees.
5. Penalty for other offences in connection with land grabbing.- Whoever, with a
view to grabbing land in contravention of the provisions of this Act or in
connection with any such land grabbing-
(a) sells or allots, or offers or advertises for sale or allotment, or has in his possession
for the purpose of sale or allotment any land grabbed;
(b) instigates or incites any person to commit land grabbing;
(c) uses any land grabbed or causes or permits knowingly to be used for
purposes, connected with sale or allotment; or
(d) causes or procures or attempts to procure any person to do any of the
above mentioned acts, shall on conviction, be punished with imprisonment
for a term which shall not be less than six months but which may extend to
five years and with fine which may extend to five thousand rupees.
6. Courts.- (1) For the purpose of providing for the speedy trial of the cases referred to
in sections 3, 4 and 5, the Federal Government, or if so directed by the Government,
the Provincial Government in consultation with Chief Justice of the Province may
establish by notification one or more Special Courts in relation to each territorial area
as specified by the High Court concerned.
(2) The Federal Government or the Provincial Government, if directed by the Federal
Government to establish a Court under this act, shall, after consultation with the Chief

Justice of the High Court, appoint a Judge of each Court from amongst the District &
Sessions Judges.
(3) The High Court may confer powers of the courts on the Court of District &
Sessions;
(4) The special court shall have the exclusive jurisdiction to try cases under the Act
and shall decide all the issues relating to civil and criminal nature referred to in the
complaint and agitated by the parties during the course of trial.
(5) Subject to sub-section (3) on commencement of this Act, all cases pending before a
trial court shall stand transferred to the special court having jurisdiction.
(6) The special court shall not, merely by reason of a change in its composition, or
transfer of a case under sub-section (4) be bound to recall or rehear any witness who
has given evidence and may act on the evidence already recorded.
7. Procedure.- (1) Upon a complaint the Court may direct the officer-in-charge of police
station to explore the facts and forward his report within fifteen days to the Court.
Provided that 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) The court may ask any authority to furnish relevant record of the land in question,
or to refer to relevant documents to concerned authority for verification and on the
basis of the reports may form tentative opinion with regard to accusation alleged in
the complaint for taking cognizance.
(3) The Court before taking cognizance, may call proposed accused/ respondent and
direct him or them to produce relevant documents that he/they have in their
possession with regard to the property in question. The court may either take
cognizance by issuing bailable warrants against the accused or if he/they is/are in
attendance may be directed to furnish surety as to ensure his/their attendance in
future.
(4) The court if after examining the complaint and the documents annexed thereto
form opinion that the complaint has no substance may refuse to take cognizance and
dismiss the complaint at the preliminary stage.
(5) The Court may, at any stage or after taking congnizance, send document supplied
by the parties to concerned authority for its verification and report.

(6) The Court shall decide all issues relating to dispute either of civil nature or of
criminal nature if the same are not pending adjudication in any court.
(7) The complainant shall specifically state in the complaint for the pending
adjudication relating to subject land and shall annexed copies of the proceeding with
the complaint.
(8) The offences under this Act shall be non-cognizable.
(9) The court at any stage of the proceedings may direct the police to arrest the accused
in special circumstances.
8. Supply of complaint and documents to the accused/respondent.- (1) The
complainant shall-
(a) state in the petition of complaint the substance of the accusation, the names of his
witnesses and the gist of the evidence which he is likely to adduce at the trial; and
(b) within three days of the order of the Court under section 5, file in the Court for
supply to the accused, as many copies of the complaint and any other document
which he has filed with his complaint as the number of the accused and shall be
supplied free of cost to the accused not later than seven days before the
commencement of trial.
(2) On taking cognizance of a case, the Court shall proceed with the trial from day to
day and shall decide the case within ninety 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 for more than seven days.
(4) The court may impose cost while granting adjournment which may extend to Rs.
10,000/-. In failure to pay cost the court may pass any order including dismissal of
complaint or conciliation of bail.
9. Withdrawal of complaint.- If a complainant, at any time before a final order is
passed in any case under this Act, satisfies the judge that there are sufficient grounds
for permitting him to withdraw his complaint the judge may permit him to withdraw
the same, and shall thereupon acquit the accused.

10. Dismissal of complaint.- The court during pendency of the complaint either
on the application of the accused or its own motion may examine merit of the
complaint and dismiss it if, after hearing the complainant and the accused and for
reasons to be recorded, it considers that there is no probability of the accused being
convicted of any offence.
11. Procedure of summoning accused/respondent.- (1) If in the opinion of a Court
taking congnizance of an offence there is sufficient ground for proceeding, shall issue
summons for the attendance of the accused.
(2) If the accused inspite of service of summons does/do not appear in the court,
bailable warrant may be issued against him/them.
(3) The court on the appearance of the accused may, instead of taking bail from such
person/s, discharge him on his executing a bound with or with out surety for his
appearance and in extraordinary circumstances after discharging him on executing a
bond may serve a notice to furnish one or more sureties.
(4) The court may either its own motion or on the application filed by the complainant
and after giving opportunity of being heard to the accused may take him in to custody
at any stage of the proceeding.
(5) The accused if taken in to custody under sub section 4, may seek relief of bail under
section 497 of the Code of Criminal Procedure.
12. Informal resolution of disputes.- Notwithstanding anything contained in this
Act, the court on the request of parties to the complaint may refer the dispute to any
person to informally conciliation, amicably resolution, settlement etc.
(2) The complaint referred to under sub section (1) to a mediator or conciliator shall be
concluded in a period provided by the court which may not exceed by 15 days from
the date of reference.
(3) If the complaint is successfully resolved in mediation/conciliation, the complaint
shall be disposed of in the terms settled between the parties. However the court shall
look in to legal aspect of the agreement reached at between the parties.
13. Who can file a complaint.- The owner, occupier or any person duly
authorized by the owner or lawful occupier may file a complaint under this Act
supported with a prescribed affidavit.

14. 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.
15. 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 and the officer supervising and administrating the Station House
Officer shall be asked to assign any other senior officer not below the rank of Inspector
and ensure execution of order and submit report with in 15 days before the court. The
officer shall also intimate fate of departmental action taken against the Station House
Officer who failed to assist the person referred to in sub section 3.
16. 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 sections 3, 4 and 5 the Court may, at the
time of passing order under sections 3(3) or 4(3) and or 4(d), 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.
17. Prohibition of alienation of lands grabbed.- Any transaction relating to an
alienation of a land grabbed or any part thereof by way of sale, lease, gift, exchange,
settlement, surrender, mortgage or otherwise, or any partition effected or a trust
created in respect of such land, which has taken place whether before or after the
commencement of this Act shall, except to the extent ordered by the Special Court,
be null and void.
18. Review.- The special Court may in order to prevent the miscarriage of justice
review its judgment or order passed under Section 16 but no such review shall be
entertained except on the ground that it was passed under a mistake of fact,
ignorance of any material fact or an error apparent on the face of the record;
Provided that it shall be lawful for the Special Court to admit or reject review
petitions in circulation without hearing the petitioner;
Provided further that the Special Court shall not allow any review petition
and set aside its previous order or judgment without hearing the parties affected.
19. Burden of proof.- Where in any proceedings under this Act, a land is alleged to
have been grabbed, and such land is primafacie proved to be the land owned by the
Government, local authority, religious or charitable institution or
endowment, or other private person, the Special Court shall presume that the
person who is alleged to have grabbed the land is a land-grabber and the burden of
proving that the land has not been grabbed by him shall be on such person.
20. Protection of persons acting in good faith.- No suit, prosecution of other legal
proceeding shall lie against any officer or employee of the special Court or any officer of

the Government for anything which is in good faith done or intended to be done
under this Act or the rules made thereunder.
21. Power to make rules.- The Federal Government may, by notification, and
after having consultation with provincial High Courts make rules for carrying out
all or any of the purposes of this Act whereas each High court may formulate
regulations.
22. Appeal.- (1) A accused, convicted on a trial by the court, or any other person on
his behalf, may, within thirty days from the date of such order, prefer an appeal in
accordance with the provisions of the Code of Criminal Procedure.
(2) Any person aggrieved by an order of acquittal passed by the court, may, within
thirty days, prefer an appeal against such order in accordance with the provision of
the Code of Criminal Procedure.
23. Repeal of the Act.- The Illegal Dispossession Act, 2005 is hereby repealed.
24. Special Court to have the powers of the Civil Court and the Court of Session.-
Save as expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908,
the Civil Courts Ordinance, 1962 and the Code of Criminal Procedure, 1898, in so far as
they are not inconsistent with the provisions of this Act, shall apply to the proceedings
before the Special Court and for the purposes of the provisions of the said enactments,
Special Court shall be deemed to be a Civil Court, or as the case may be, a Court of
Session and shall have all the powers of a Civil Court and a Court of Session and the
person conducting a prosecution before the Special Court shall be deemed to be a
Public Prosecutor.
Comments are invited on shahidshafiq36@yahoo.com

for publication IDA 2011

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for publication IDA 2011