The document provides an overview of the Illegal Dispossession Act, 2005 in Pakistan. It discusses: 1. The purpose of the act is to protect lawful owners and occupiers of property from illegal dispossession by property grabbers. 2. The key provision is Section 3 which defines the offense of illegal possession of property and prescribes penalties of up to 10 years imprisonment and fines. 3. The act gives courts powers to attach property, evict respondents, and order restoration of possession to the complainant during legal proceedings.

1. By
Mohammad Zeb Khan
Dirctor Instructions
K.P Judicial Academy

2. SCHEME OF THE TALK
Scheme of the Talk
Duration 60 minutes
Target Audience Majority Freshly promoted Additional
Sessions Judges
Efficacy of Illegal Dispossession Act,
2005
Expert
Practical Problems SOLUTIONS-- Case Laws
Over view of the Law Understand its mechanics---NOVICE

3. The Illegal Dispossession Act, 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
therefrom by the property grabbers;
Promulgated on 25th July 2005
Preamble & Purpose Clause
It is hereby enacted as follows:-
1. Short title, extent and commencement.—
(1) This Act may be called the illegal Dispossession Act, 2005
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.

4. 9. Application of Code.— 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.
2. Definitions.—
(a)" Court": Court of Sessions
(b)“Code” : Criminal Procedure Code.
(c) “Occupier” a person who is in lawful possession of a property;
(d) “Owner” a person actually owns the property at the time of his
dispossession, otherwise than through a process of law,
(e) “Property” means immovable property.

5. SOLITARY SUBSTANTIVE PROVISION OF THE ACT
Section 3: Prevention of illegal possession of property, etc ---
Definition of the offence 3(1) The Entry
 into
 upon
any property to
1. Dispossess
2. grab
3. control
4. occupy
the property from its
1. owner
2. occupier
Penalty prescribed 3(2) Who contravenes it then
1. imprisoned up to 10 years
2. and with fine
3. and the victim be compensated u/s 544A CrPC
This punishment shall not prejudice any other punishment which he may be liable
under any other law for the time being in force.
Revival of the possess in favour
of complainant.
8 May (discretionary with Court)
Direct
 accused, or
 any person claiming through accused
RESTORATION OF POSSESSION
In case of resistance call for SHO

6. Phrase Dictionary meaning
Dispossess to take (especially property) away from them
Grab to seize suddenly and often with violence
Control the place where something is checked •
Occupy to enter and take possession of (a building, etc) often by
force and without authority
Section 4: Cognizance of Offence:
1. Court of Sessions on a complaint.
2. Offence of section 3 would be
a. Non-cognizable
b. Court can direct arrest of accused.

7. PROCEDURE TO DECIDE THE COMPLAINT.
Investigation 5 IDA: Complaint
Officer-in-charge of a Police Station
To:
1. Investigate
2. within 15 days (Time may be extended).
Procedure of Trial 5(2): Court shall
•Proceed day to day
•Decide it within sixty days
•Adjournment, if required should not be more than seven
days

8. POWER TO PASS INTERIM ORDERS DURING THE PENDENCY
OF THE COMPLAINT
Nature of the
Order
Necessary Ingredients Mode of enforcement
Attachment
of property
Section 6
Satisfaction:
None of the persons in
possession before
commission of the offence
Attach property till final decision.
Court should supervise attachment
Evicting the
Respondent
Section 7
Satisfaction:
Prima facie Respondent not
in lawful possession.
Direct to put the complainant in
possession.
In case Respondent(s) not comply:
1. Take steps for ensuring compliance.
2. Authorize Officer or Official to take
possession
He can take help from SHO;
If SHO not cooperate then it would
be misconduct & Court to proceed
against him departmentally.

10. 1. CAN AN IDA COMPLAINT LIE PARALLEL TO OTHER REMEDIES, FOR
INSTANCE SUIT FOR POSSESSION U/S 8, 9 SRA, COMPLAINT U/S 145
CRPC, PROCEEDINGS U/S 448 PPC?
HAJI TAJ DIN AND ANOTHER VERSUS SH. MUJIB ULLAH AND ANOTHER
[2009 P CR. L J 864, LAHORE]
IF YES, WHAT WOULD BE THE IMPACT OF THESE PROCEEDINGS UPON
EACH OTHERS?
HOW IT WOULD RECONCILE WITH THE DOCTRINE OF DOUBLE
JEOPARDY?

11. 2. IS IDA RETROSPECTIVE IN ITS APPLICATION?

12. 3. CAN THE COURT OF SESSIONS GRANT INTERIM RELIEF
U/S 7 IDA ON THE DAY THE COMPLAINT WAS LODGED?
IF NO, WHAT IS THE STAGE OF GRANT OF INTERIM RELIEF?
WHEN TRIAL IN SUCH COMPLAINT COMMENCES?

13. 4. IS IDA RETRICTED IN ITS APPLICATION TO LAND
GRABBERS?

14. 5. HOW TO APPRAISE THE EVIDENCE IN SUCH COMPLAINTS;
I. Doctrine of preponderance of evidence
II. Principle of beyond reasonable doubt

15.  Feroze Golawal and others vs Viraf Daroga &
others case (2014 PCrLJ 1150)
 Determination as to title of the property, was not the
function or the domanin of the criminal court ---
Court was not competent to give any findings in regard
to the authenticity of a document in the matters of
IDA

 Muhammad Hayat khan vs The State [2014 YLR 390]

16. 6. IN A COMPLAINT UNDER IDA WHETHER THE STATEMENT
OF COMPLAINANT U/S 200 CRPC MANDATORY?
 IF NO, WHY?
 2010 PCrLJ 422 Kar

17.  WHETHER AN OFFENCE U/S 3 IDA WOULD BE
CONSTITUTED WHEN AT THE OUTSET THE POSSESSION WAS
DELIVERED BY THE COMPLAINANT AS PER HIS CONSENT
BUT LATER ON THE POSSESSION BECAME HOSTILE?




 Mst. Khatoon vs Muhammad Saleem & another case
 2010 PCrLJ 1046

18. 7. CAN AN IDA COMPLAINT BE INVESTIGATED
BY A JUSTICE OF PEACE OR BY A
MAGISTRATE?

19. 8. WHETHER THE OFFENCE U/S 3 IDA BAILABLE &
NON-COGNIZABLE?

20. 9. HOW THE ORDERS OF REPOSSESSION IS TO BE
ENFORCED?

21.  WHETHER ACQUIESCENCE OF THE COMPLAINT FOR A
REASONABLE TIME, WOULD DIVEST HIM OF HIS RIGHT TO
LODGE THE IDA COMPLAINT.

 MRS. FATIMA THROUGH ATTORNEY VS IMAM ZADA &
ANOTHER [2010 PCRLJ 1265]

22.  Can a complaint of ida be dismissed u/s 203 crpc?
 Hasan vs Ghulam Hussain & 9 others case; 2014 YLR
1791 Sindh
 Waheed Ahmed Siddique vs Additional Sessions Judge
& others
 2014 MLD 1513 (Lah)

25. LET
US
ENDEAVOUR
TO SEARCH FOR FLAWS
OF IDA

26. 1. WHAT IS THE TRUE NATURE OF IDA CIVIL,
REVENUE, CRIMINAL, QUASI CIVIL OR
CRIMINAL?

27. 2. IDA DOESNOT DEFINES, 'LAND GRABBERS';
WHAT CONSEQUENCE IT SHALL ENSUE?

28. 3. IN ABSENCE OF A PROVISION PRESCRIBING
FORUM OF APPEAL/REVISION IN COMPLAINT
UNDER IDA, WHETHER APPEAL SHALL LIE OR
WRIT PETITION?

29.  Procedure in IDA is not self explanatory

30.  Where the law prescribes a thing to be done in a
specific manner it ought to be done in that manner or
not done at all.

31. A.P. LAND GRABBING (PROHIBITION) ACT, 1982
 BACKGROUND
1. This Act is meant mainly to arrest and curb the unlawful activity of rabbing
Government land, a local authority, a religious or Charitable Institution or
Endowment including Wakf or any other private property,either individually or in
groups either by force or decrepit or otherwise.
2. The Act came into force w.e.f. 06-9-1982.
3. A land grabber is a person or group of persons who commit land grabbing or includes
any person who gives financial aid to any person for taking illegal possession of lands
or for construction of unauthorized structures thereon or who collects from the
occupiers of such lands rent, compensation and other charges by criminal
intimidation or who abets the doing of any of the above mentioned acts and also
includes successors in interest.
4. Land Grabbing means every activity of grabbing of any land belonging to
Government, local authority, religious or Charitable Institution or Endowment
including wakf or any other private person, by a person or group of persons without
any lawful entitlement and with a view to possess illegally or enter into or create illegal
tenancies or lease and licenses agreements in respect of such lands, or to construct
unauthorized structures thereon for sale or hire or give such lands to any person on
rental or lease and license basis for construction or use and occupation of
unauthorized structures and the term “to grab land” shall be construed accordingly
(Section 2).
5. Under Section 3 of the Act, land grabbing any form and any activity concerned
therewith is an offence punishable under the Act.

32. 6. Land Grabbing in any of the above form, on conviction is punishable with
imprisonment for a term which shall not be less than six months, but which
may extend to 5 years and with fine upto five thousand rupees (Section 4 &
5).
7. For speedy enquiry and trial of the land grabbing cases, the Government
constitute Special Courts consisting of a Chairman (A Judge of High Court or
District Judge) and two Judicial Members and two Revenue Members
(Section 7). The Special Court may either suo-motu or an application take
cognizance of and try every land grabbing case with respect to the ownership
and title to or lawful possession of the land grabbed. The decision of the
Special Court shall be final. For this purpose, the Special Court is deemed to
be a Civil Court with all its powers. The Special Court is also competent to
award compensation by the land grabber to the rightful owner (Section 8).
8. The Competent Authority appointed by Government or the Revenue
Divisional Officer concerned has to implement the orders of the Special
Court by restoring possession to the rightful owner if the land cannot be
restored (for any reason), he may either take possession; and keep it under
its control or provide for its proper management till it is duly restored to the
rightful owner or authority (Section 9).
9. Protection of persons acting under the Act: No suit, prosecution or other
legal proceedings shall be against the competent authority or any
Government Officer for any thing done in good faith or intended to be done
under the Act or the rules there under (Section 14).