Law: Illegal Dispossession Act, 2005

Section: 3-8

Law: Code of Criminal Procedure (CrPC), 1898

Section: 417(2)(a), 200, 512, 342, 540-A

REMARKS

(a) Scope and extent of Illegal Dispossession Act, 2005.
(b) Act of 2005 envisages two distinct and different provisions i.e. quasi-criminal and quasi-civil, therefore, proceedings under this Act could not be termed to that of exclusively criminal in nature, in view of certain powers, such as, attachment of property and to pass an order as an interim arrangement to evict an accused from disputed property and hand it over to aggrieved party i.e. complainant.
(c) Act of 2005 provides for two eventualities i.e. firstly: - learned trial Court U/S 8 (1) of Act can restore possession to an aggrieved person i.e. complainant without awarding punishment of imprisonment to an accused person and secondly: - learned trial Court U/S 6 of Act as an interim arrangement can evict a trespasser or an illegal occupier from disputed property and hand it over to complainant. Even upon conclusion of trial, nominated accused can be provided punishment up to ten years U/S 3 of Act and if a Court comes to a conclusion that an owner or occupier of property has illegally been dispossessed, then in such eventuality, trial Court can render direction to nominated accused to restore possession of a property to an owner or occupier, as the case may be.

Summary of Judgment :Property Dispossession

Background:

The appellant, Javid, filed a criminal complaint under Section 3 of the Illegal Dispossession Act, 2005, claiming forceful dispossession from his inherited land by the accused/respondents on 12.05.2023.