How to File Case Against Land Grabbing in Pakistan?

What is Land Grabbing?

Imagine you are informed one day that you are getting dislodged from the house where you have lived for many years. You will be compelled to abandon the property even if you resist and refuse.

Land grabbing in Pakistan is described as an activity in which persons attempt to take land to which they have no legitimate title. It can be done in either a forceful or non-forceful approach.

Land mafias, or you can call Qabza Mafias in Pakistan, are parties or enterprises that act in land grabs. It can be acquired through the use of fake evidence or manipulation. A renter who refuses to leave your property even after the lease has ended is an example of this.

Right of Disposition of property in Pakistan

Every citizen Of Pakistan shall have the right to procure, own, and dispose of the property in any area of Pakistan, subject to the Constitution and any reasonable restrictions established by legislation in the public interest,’ according to Article 23 of the Pakistani Constitution. Article 24 deals with property protection and states that no one can be forced to give up their property unless they do so in conformity with the law. ‘No property should be compulsorily acquired or taken possession of unless for a public purpose and only under the authority of law that provides for compensation and either establishes the amount or specifies the grounds on which compensation is to be determined and delivered.’ Private property is also mentioned in Articles 172 and 173.

Illegal Disposition Act,2005

The court determined that the [Illegal Dispossession Act] was intended to provide effective remedies to rightful owners and occupants if they were evicted without valid authority.’ Therefore, the court must determine whether the accused named in the complaint entered or remained on the property with an object to dislodge, grab, control, or occupy it without lawful authority. According to the judgment, the complainant must establish nothing else because no precondition has been attached.

If you approach the court of law

1. Prevent land evictions due to forcible expulsion.

2. Declare that you are the legal owner of the land and that you have complete control over it.

3. Return you to the land from which you were expelled forcibly.

4. Offer your remuneration.

5. If you are unable to retrieve your land, the court may grant you the right to another piece of property.

Pakistan Citizen portal

Land grabbing has been unlawful under the Illegal Dispossession Act 2005 of the government of Pakistan. However, the government has built a new category on the Pakistan citizen portal for anyone who wants to file an online complaint against Qabza Group or land grabbing. Former Prime Minister Imran Khan took notice of it by saying that it is a major issue. He conducts meetings between provincial chief secretaries and chiefs of other departments to organize and educate them about encroachment and how to tackle land grabbing.

The following is the procedure for filing a complaint on Pakistan Citizen Portal:

1. Install the Pakistan Citizen Portal software.

2. Determine whether you are a local citizen or a Pakistani living abroad.

3. Sign up for the app using your phone number and CNIC.

4. You will receive a verification SMS on your given number.

5. Choose the Land Grabbing/Encroachment category.

6. Make a formal complaint.

pakistan-citizen-portal-land-grabbing-complaint — source: morenews.pk

Prevent your property from land grabbers

It is obvious and necessary that you should go through the documents and verify the property before purchasing it. The most significant thing to find out is who owns that particular property. You must not forget to scrutinize documents intentionally or unintentionally. For this reason, you can also engage a lawyer to advise you. It will then be the lawyer’s job to know to control and research the land’s and owner’s validity. After the lawyer has properly reviewed everything, he will begin the property transfer process.

Pro-tips

1. Organise all of your property records

2. Pay all of your taxes on time and save all receipts.

3. If you don’t live on the premises, make sure to do inspections every few weeks.

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