2007 PLD 123 LAHORE-HIGH-COURT-LAHORE

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YAFAS VS State Illegal Dispossession Act 2005--5 , Illegal Dispossession Act 2005--PREAMBLE , --Preamble & S.5---Object and applicability of Illegal Dispossession Act, 2005---Illegal Dispossession Act, 2005, was promulgated to curb the increasing tendency of the use of force in dispossessing the owners from their valuable properties, however, a nice distinction could be made between Illegal Dispossession Act, 2005 and the earlier law in the field---Immovable property could bring the disputes and controversies along with title and a person could be dispossessed by a contiguous owner, a co-owner or by a stranger---Several provisions in the revenue, civil and criminal law were already in existence to meet such situation---Need of new legislation was felt when organized groups of people tried to dispossess the owners of valuable property by the use of force---Menace of land grabbing or "Qabza Group" was spreading with fast speed---Legislature, in circumstances felt the need to curb the tendency of land grabbing---illegal Dispossession Act, 2005 was promulgated with a view to "curb the activities of the property grabbers" and in view of the desire of Government to nip the evil in the bud, the statute with special provisions was enforced, where not only the level of the Trial Court was specified to be the Court of Session, but the harsh punishment of imprisonment extendable to 10 years with fine was also provided with an additional provision of compensation to the complainant under S.544-A, Cr.P.C.---Law had further provided for the eviction of the illegal occupation as an interim relief for the restoration of possession to the original occupant on the conclusion of trial---Speedy mechanism for the investigation and trial was also provided and in S.5(2) of Illegal Dispossession Act, 2005, it was provided that "the court taking cognizance of a case would proceed with the trial on day to day basis and would decide case within 60 days"---Such an expeditious and strict procedure was laid down with a purpose to discourage the attempts of illegal dispossession and to restore the proprietary confidence and possession to the owners within the minimum possible time and to discourage the grabbers by deterrent punishment---Such a special statute with special mechanism, however, could neither be applied to all the cases of trespass and dispossession nor the power of the civil court and Revenue Court had been withdrawn through the said legislation--Particular phrase like "property grabbers" used in the Preamble and the title of Illegal Dispossession Act, 2005 and the use of the term in plural was of specific importance---Purpose of legislation was "to curb the activities of the property grabbers" and not to provide for a mechanism for the resolution of controversy of encroachment, dispossession etc. between the contiguous owners and the co-owners.