::Law against Land Grabbing in Pakistan

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 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.


14 comments on “::Law against Land Grabbing in Pakistan

  1. Salam o alikum sir … Mere aba ny aik shop rent per di teh 20 saal pehly tb koi agrrment nhe kiya tah unhon ny … Ma aaj tk un sy rent ly raha hon … Markeet k lehaz sy wo half rent dy rhy hein na wo agrement krty hein or na rent barhaty hein or na shop khali krty hein … Meri us shop k saath un ki apni aik shop hai jis k wo owner hein or meri shop ko b unhon ny apni shop k saath milaya huwa hai plz suggest me what i do


    • As per my understanding first of all you should get register your tenancy agreement before the rent registrar, then you may file a ejectment petition against tenant for vacation of you shop


  2. Dear Sir,

    My mother has been given lands half share as compared to share of each of her brother. Now some of her brothers already made houses on their inherited land before deciding which part will my mother get. Now one of her brother is not letting us any land since he tells he got the land which is less in price therefore he suggests my mother should go to her other brothers who already built houses. My mother does not own any house i want her built a house. Could you please tell me what should i do in this case ?


  3. assalam o alaikum sir i am naveed thanks for suggestion.sir one thing more the person who want to capture my home also showing us the registery and he say this land is my ownership.he make a fake ownership documents in 2015 and we registered this land on our name in 2012.sir now tell me what we can do i am very thankful to u for this


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