::Illegal Dispossession Act 2005 in Pakistan…Compare to Indian Land Grabbing Law

LAHORE: A full bench of the Lahore High Court has recommended to the Federal Justice Ministry to examine India’s Andhra Pradesh Land Grabbing (Prohibition) Act 1982 to suitably mould or recast the Illegal Dispossession Act 2005.

Justices Asif Khosa, Shabbar Raza Rizvi and Tariq Shamim observed that Illegal Dispossession Act 2005 was not the finest example of legislative draftsmanship because it did not provide any right to appeal to a convict. The bench declared right to appeal an Islamic right.

The bench observed that this act contemplates probe by police without involving revenue authorities. In most of the cases, the revenue authorities are more relevant than the police, the bench held.

The bench made these recommendations while setting aside conviction of five people under this act. The bench held that this act was restricted in its scope and is applicable to only those cases where a dispossession from immovable property had allegedly come about through a group of persons, having the credentials or antecedents of property grabbers, qabza groups or land mafia.

The bench held that the sessions court while trying anybody under this act should satisfy that the accused had the credential of property grabbers. staff report


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