How to File a Case Against Land Grabbing

Are you a victim of land grabbing?  And you have no clue what to do now?

In this blog, Graana.com will answer all your questions related to land grabbing and explain how to file a case against land grabbing.

What is Land Grabbing?

Assume one day you are told that the house in which you have stayed for several years, you have to leave it now.  Even if you refuse to leave the property you are forced to do so.
Land grabbing is defined as an activity in which someone tries to occupy the land to which they don’t have any legal entitlement. This can be done both ways, either forcefully or without force.

Land grabbing can be done by groups or companies, referred to as land mafias. This may be done through fake documentation or corruption. An example of this is referred to as a tenant who refuses to leave your property even after the agreement has expired  

When we get into the details of land grabbing, it becomes quite easy to identify who is the real victim and whose land has been taken into illegal control. In this case, it is important that the buyer checks with the official departments to find out that to whom that certain property belongs to.

To remove this confusion, the supreme court of Pakistan took into concern a stance against the “qabza mafia” and for this legislation has been introduced.

Law against Land Grabbing in Pakistan

In 2016, the Supreme Court decided that the decision taken on the land grabbing case will be based on the complaint and the punishment for this will be 10 years of imprisonment. During the case, the victim will have to prove that they have been wronged and if the buyer does not check before buying the land, they can also face imprisonment.

How to File a Case Against Land Grabbing?

In this blog, we will talk about two processes through which you can file a case against land grabbing in Pakistan.

Let’s have a look!

 

Civil Action; Approach to the Court

source: dailyhunt

 

The judgment published is stated as “in any proceedings  initiated under the illegal dispossession act 2005, the deciding issue would be whether the offense against an awful owner or occupier, as described in the complaint, has indeed taken place and whether it is accused who has committed it without any lawful authority.”

The statement makes it clear that it is not important to bring the previous record of the accused person to the court. This means it is not important to prove that the accused belonged to the qabza mafia group because the land grabbers smartly and fraudulently transfer the land to their name and then this makes it difficult to prove that they have conducted a criminal act.

If you choose the option of approaching the court and are successful. The court may be able to give you the following amenities

• Prevent forced eviction of the land
• Declare that you are the owner of the land and have full rights over it
• Return you to the land from where you had been forcefully removed
• Pay compensation to you
• If you are not able to recover from your land, the court might give you the right to some other land

 

Pakistan Citizen Portal to Address Land Grabbing

Under the government of Imran Khan, there has been a strict stance on land grabbing. The government has launched a separate category for people who want to submit an online complaint against land grabbing on the Pakistan citizen portal. Prime minister Imran Khan has highlighted this as a serious issue and stated that there should be meetings held between provincial chief secretaries and the heads of different departments to make them aware of encroachment and also how land grabbing can be countered.

The process to file a Complaint on Pakistan Citizen Portal (PCP) is 

• Download the PCP application
• Select if you are an inland citizen or an overseas Pakistani
• Register on the application with your mobile number and CNIC
• You will receive a verification SMS
• Select the category of  Land Grabbing/Encroachment
• File your complaint

source: morenews.pk

 

What are the Measures to Prevent Land Grabbing?

Before Buying; Check the Property

Is it very important that you check and research properly before buying the property. The main thing that has to be researched is who is the owner of that specific property. You can also hire a lawyer for this process if you are unaware of the buying process. It will then be the lawyer’s duty to check and research the authenticity of the land and the owner. Once the lawyer has thoroughly checked, then he will conduct the process of property transfer.

Make Sure your Documents are Kept Safe

Documents are the most essential part when it comes to proving the authenticity of the property and also when you have to transfer the land. It should be kept in mind that the allotment letter is not to be shared with a lot of people and even if you have to do this make sure that you convey that this is to sell the property/land. For submitting the documents you must draw diagonal lines and blur the important details that are not to be shared with anyone. Make sure to keep all the photocopies of your documents and keep them with yourself besides the original.

Declare Ownership of Your Property

Once you have bought the property you must declare ownership of it by transferring it to your name. Other than this the things that can be done to mark it as your property include, making a boundary wall around your property.  Make a small store room which can be included in the construction when you plan to build a house. Hire a security guard to prioritize the security of your property.

Things to be you should keep in mind to avoid getting into the hassle of land grabbing

• It is important to register your land in consonance with the state laws
• Keep all your property documents in order
• Pay all the taxes on time and keep the receipts safely
• If you don’t reside at your property make sure to hold inspections after every few weeks

Graana .com in this blog has listed down how you can register your complaint through legal ways.

If you are a victim of land grabbing, file a complaint today and get back your property ownership.