• Land grabbing law Gujarat

We have property on lease 99 years having continuous possesion for 11 years it is industry if by force intimidation by owner of land takes possession though owner of land can he be booked for landgrabbing from lesse after almost near 12 years limitation law adverse posseon special relief act or land grabbing which is best and not time consuming
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

Terms of lease deed are sacrosanct 

 

2) lessor can terminate lease only as per terms mentioned in lease deed 

 

3) he cannot take forcible possession without following due process of law 

 

4) you can sue the lessor to recover possession 

 

5) also file police complaint against lessor for criminal intimidation, trespass 

Ajay Sethi
Advocate, Mumbai
97633 Answers
7902 Consultations

It would amount to land grabbing 

 

Section-2(e) of the Act defines land grabbing as an activity performed by the land grabbers as an attempt to occupy any land with or without the use of force, threat, intimidation and deceit, over which they don’t have ownership, title, or physical possession

 

2) Actions in violation of these provisions shall invite imprisonment for not less than ten years. This period of punishment may extend up to fourteen years.   

Ajay Sethi
Advocate, Mumbai
97633 Answers
7902 Consultations

Dear Sir, 

1. Section-2(e) of the Act defines land grabbing as an activity performed by the land grabbers as an attempt to occupy any land with or without the use of force, threat, intimidation and deceit, over which they don’t have ownership, title, or physical possession. For reference, the sub-clause states that such lands also include those belonging to the government, local authorities, Public Sector Undertakings, religious or charitable organizations.

2. According to Section 9, on an appeal made by any person or an officer so permitted, the Special Court may acknowledge or adjudicate every case concerning the alleged land grabbing. It may adopt any procedure to decide whether the crime is that of civil or criminal liability. However, it shouldn’t go against the principles of natural justice in exercising its powers. There must not be a violation of other provisions of this Act. All the findings of the Court shall be in use as evidence of the offence during the proceedings. 

Thank You!

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

If you are an authorized lessee and have proper documents in your possession to prove the leasehold rights in the property, you may file a suit for permanent injunction to restrain the landlord from forcibly evicting you from the leasehold property. 

There may not be a necessity to file a suit for declaration of title under law of adverse possession or to give a complaint under anti land grabbing act. 

T Kalaiselvan
Advocate, Vellore
87829 Answers
2366 Consultations

As opined earlier in the previous post, it may not come under the offence of anti land grabbing act.

It has civil remedy of permanent injunction agaisnt the landowner who tries to dispossess the lessee from the leasehold property. 

Therefore you may file a suit for permanent injunction agaisnt the landowner to restrain him from interfering in your possession and enjoyment of the proeprty and also from forcibly evicting you from the suit proeprty other than by due process of law.

T Kalaiselvan
Advocate, Vellore
87829 Answers
2366 Consultations

- As per Land Grabbing amendment Act, anyone who illegally grabs land, provides money for construction, threatens owner, extorts rent, or helps in any such activity will fall under the definition of land grabber.

- Further, a  commercial company, a group of people or a religious or charity organization can also be held as accused.

- Since the said property on lease , then the owner cannot take forceful possession from you , except a court order if opted to cancel the lease.

- However, if the owner will try to take the possession illegally , then he can be booked for the offence , and the lessee can approach the court for restraining the owner after filing a suit for Permanent injunction before the court. 

- Further , if you having lease agreement with you with the owner , the question of adverse possession not arise as your possession in the property is legal. 

Mohammed Shahzad
Advocate, Delhi
14788 Answers
225 Consultations

Yes

Prashant Nayak
Advocate, Mumbai
32951 Answers
211 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer