Illegal Dispossession Law
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. Land grabbers have no right to approach court to protect their rights. Illegal dispossession Act 2005 had been promulgated by the Government t protects lawful possession of lawful owners and lawful occupiers of grabbers and land mafia.
Certain relief has been provided against menace of illegal activities of land grabbers. As crime of illegal dispossession is assuming alarming position, therefore, illegal Dispossession Act 2005 authorize trail court to proceed summarily short limit of time for every stage of proceedings has been provided U/S 5 of Illegal Dispossession Act 2005.
This law covered all cares of illegal occupants without any distinction except those which were already pending before any other forum. Said law applies to the dispossession from immoveable property only by property grabbers / qabza group /land mafia and a complaint under the Act can be entertained by the court of session only if some material exists showing involvement by the persons complained against in some previous activity connected with illegal dispossession from immoveable property the complaint under the illegal dispossession act would not be entertained when the matter of possession of the relevant property is being regulated by civil or Revenue Courts.
The study of preamble to a piece of legislation provides a clue to arrive to arrive at the intention of the law maker. Apart from the preamble as a key to find out the intention s of the legislature the history of the legislature can also be looked into. The court may properly be referred to what is generally know as contemporaneous circumstances. Such circumstances include the history of the time existing when the law was enacted the previous state of law, the evil intended to be corrected, the general policy of state or the established policy of the legislature can also be considered. It affords n the case where the language of enactment is not clear a key to the construction of the statue and can therefore be referred to for the purpose of finding out the object and the intention of the enactment.
The illegal dispossession act applies to dispossession from immoveable property only by the property grabbers/ qabza group / land mafia. A complaint under the illegal dispossession act 2005 can be entertained by the court of session only if some material exists showing involvement of the persons complained against in some previous activity connected with illegal dispossession form immoveable property or the complaint demonstrates an organized or calculated effort by some person operating individually or in group to grab by force or deceit property to which they have no lawful ostensible or justifiable claim.
In the case of an individual it must be the manner of execution of his design which may expose him as property grabber. This law does not apply to run of the mill cases of alleged dispossession form immoveable properties by ordinary person having no credentials or antecedents of being property grabbers / gaqza groups/ land mafia.