Composed by: Jan Muhammad Laghari .

THE ILLEGAL DISPOSSESSION ACT, 2005

An Act to curb the activities of the property grabbers.

Preamble : Whereas it is expedient to protect the lawful owners and occupiers of

immovable properties from their illegal or forcible dispossession therefrom by the property
grabbers .

Note : This law was introduced in 2005 because there were many incidents of property grabbing
in all over Pakistan , specially in Karachi to the sole purpose is given in its preamble .

Section 1. Short title , extent and commencement .

(1) This Act may be called the Illegal Dispossession Act , 2005.

(2) It extends to the whole of Pakistan .

(3) It shall come into force at once .

Section 2. Definitions

(a) Court” means the Court of Sessions ,

The proceedings under this act are also tried in The Court of Additional Session Judge .

(b) “Code” means Code of Criminal Procedure 1898 (Act V of 1898),

(c) “Occupier “ means the person who is in lawful possession of a property ,

The word lawful occupier sometimes becomes difficult to understand so here is
something more to understand
A "lawful occupier" refers to an individual or entity that legally occupies and possesses a
property or premises in accordance with applicable laws and regulations. The term is often used
in the context of property and real estate law.

Possession also refers to some extensions .

"Lawful possession" refers to the legal and rightful ownership or control of property or assets.
When someone is in lawful possession of something, it means they have acquired or obtained it
through legitimate and recognized means, and their claim to ownership is in accordance with the
applicable laws and regulations,

Kinds of possessions

1. Actual possession

This refers to physical control or occupancy of a property. If an individual is

physically present on and using a property, they are in actual possession.

2. Adverse possession

Adverse possession refers to a situation where an individual gains legal ownership

of a property by openly and continuously using it for a specified period, often
without the owner's permission. The possession must be hostile, actual, open,
notorious, and continuous.

3. Constructive possession

Constructive possession exists when a person has the legal right to control or
access a property, even if they are not physically present. This often occurs in
situations where multiple individuals or entities have a shared interest in the
property.

4. Mediate possession

"Mediate possession" is a term used in property law to describe a type of possession that exists
between the transfer of property from one party to another. It refers to a situation where
possession is held by an intermediary, who is neither the owner nor the final possessor.

5. Immediate possession

"Immediate possession" in property law refers to the direct and instantaneous right to occupy,
use, and control a property. It signifies that a person has the current and full entitlement to
possess and enjoy a property without any intermediaries or delays. Immediate possession is
contrasted with mediate possession, where an intermediary may hold possession temporarily
until the final transfer is complete.

6. Corporeal possession

Corporeal possession refers to the tangible and physical control or occupation of a physical
object or property. In legal terms, it is the actual, physical possession of a tangible, material
thing. This concept is often used in property law to distinguish physical possession from legal or
constructive possession.

7. Incorporeal possession

Incorporeal possession refers to a form of possession that involves rights and interests in
property that are intangible and do not involve physical control or occupation. Unlike corporeal
possession, which involves tangible, physical objects, incorporeal possession relates to legal or
equitable rights associated with property.

(d) “Owner” means the person actually owns the property at the time of his dispossession,
otherwise than through a process of law ,

In law, the term "owner" refers to a person or entity that has legal rights of possession, control,
and title over property. The concept of ownership is fundamental in property law and entails
various rights and responsibilities.

(e) “Property “ means immovable property .

Section 3 . Prevention of illegal possession of property etc.

(1) No one shall enter into (entry in any kind of building or dwell house) or upon (in open area
like agricultural land or plots) any property to dispossess , grab , control or occupy it without
having any lawful authority to do so with the intention to dispossess , grab , control or occupy
the property from the owner or occupier of such property .

(2) whoever contravenes the provisions of sub section (1) shall , without prejudice to any
punishment to which he may be liable under any law for the time being in force , be punishable
with imprisonment which may extend to to ten years and fine and the victim of the offense shall
also be compensated in accordance with the provisions section 544 A of the code .

(3) Whoever forcibly or wrongfully dispossesses any owner or occupier of any property and his
act does not fall within sub-section (1) , shall be punished with imprisonment which may be
extend to three years or with fine or both , in addition to any other punishment to which he may
be liable under any law for the time being in force , The person dispossessed shall also be
compensated in accordance with provisions of 544 A of the Code.

. In 2017 YLR note 201 the essentials of this section are expressed as act of dispossessing ,
grabbing , controlling or occupying with intention .

There are two main points to be discussed here .

(1) This section somehow relates to section 9 of The Specific Relief Act 1977 , The same relief
is also granted there but there are two major differences .

(i) Under Sec 9 SRA The person seeking relief must only be a possessor, while under sec 3 IDA
the person seeking relief must be a lawful possessor .

(ii) Sec 9 SRA is a civil remedy , while sec 3 IDA is a criminal remedy .

(2) According to The Preamble of this act the relief is granted only against land grabbers or
others as well . So clearing this point here is case law to be discussed here is SCMR 2010 1254 ,
The points given below were highlighted .

(i) The preamble cannot govern the whole of the law, if it is ambiguous to its provisions .

(ii) The scope of this section is not restricted only to land grabbers (Qabza Mafia) but its wider
because , in starting the word “no one” is interpreted through Blackstone law dictionary as no
body , no person or whoever . So by this point it is clear that this provision is not restricted only
to land grabbers ( Qabza Mafia ) but also other persons .

(iii) The IDA 2005 has no retrospective effect.

(iv) The IDA has no jurisdiction in solving questions about the title of a property but the civil
court has such kind of jurisdiction.

Section 4 . Cognizance of offence .

(1) Notwithstanding anything contained in this code or any law for the time being in force , the
contravention of section 3 shall be triable by the Court of Session on a complaint .

(2) The offence under this act shall be non cognizable .

(3) The Court at any stage of proceedings may direct the police to arrest the accused .
Note : Usually the complaint goes to the magistrate as said in section 190 of the Code and the
magistrate takes cognizance, but this is a special law in which a sessions court will directly take
cognizance.

Section 5 . Investigation and procedure .

(1) Upon a complaint the court may direct the officer incharge of a police station to
investigate and complete the investigation and forward the same within fifteen days to the
Court .

Provided the Court may extend the time within which such a report is forwarded
in case where good reasons are shown for not doing so within the time specified in this
subsection .

(2) On taking cognizance of a case , the Court shall proceed with the trial from day to day
and shall decide the case within sixty days and for any delay sufficient reasons shall be
recorded .

(3) The Court shall not adjourn the trial for any purpose unless such adjournment is , in its
opinion , necessary in the interest of justice and no adjournment shall in any case be
granted for more than seven days .

Section 6 . Power to attach property .

(1) If the Court is satisfied that none of the persons are in possession immediately
before the commission of offence , the Court may attach the property until final
decision of the case .

(2) In case of attachment , the method of its management and safeguard against
natural decay or deterioration shall be determined by the court .

Section 7. Eviction and mode of recovery as an interim relief .

(1) If during trial the Court is satisfied that a person is found prima facie ("Prima facie" is a Latin
term commonly used in legal contexts to mean "at first sight" or "on its face." In law, it refers to
evidence that, on initial examination, appears to be sufficient to establish a fact or to prove a
case, unless it is rebutted or disproven) to be not in lawful possession, the Court shall as an
interim relief direct him to put the owner or occupier as the case may be , in possession.

(2) Where the person against whom any such order is passed under sub section (1) fails to
comply with the same , the Court shall , notwithstanding any other law for the time being in
force , take such steps and pass such order as may be necessary to put the owner or occupier in
possession .

(3) The Court may authorize any official or officer to take possession for securing compliance
with its orders under sub section (1) . The person so authorized may use or cause to be used such
force as may be necessary .

(4) If any person authorized by the Court , under sub section 3 requires police assistance in the
exercise of his power under this Act , he may send a requisition to the officer in charge of a
police station who shall on such requisition render such assistance as may be required .

(5) The failure of the officer in charge of the police station to render assistance under sub section
(4) shall amount to misconduct for which the Court may direct departmental action against him.

Note : It is said in PCRLJ 2016 672 , that interim relief can only be granted by the Court during
proceedings.

Section 8 . Delivery of possession to owner, etc.

(1) On conclusion of trial , If the Court finds an owner or occupier was illegally dispossessed
or property was grabbed in contravention of section 3 , The Court may , at the time of
passing order under section (2) of that section , direct the accused or any person claiming
through him for restoration of the possession of property to the owner , or as the case may
be occupier , if not restored already to him under section 7 .

(2) For the purpose of sub section (1) , the Court may, where it is required , direct an officer in
charge of the police station for such assistance as may be required for restoration of the
possession of the property to the owner or as the case may be, the occupier.

[Section 8 Appeal.

Any order made under sub section (2) and sub section (3) and sub section (1) of section 8 shall ,
within thirty days of the order , be appealable before the High Court.]

Section 9 . Application of the Code.

Unless otherwise provided in this Act , The provisions of Code of Criminal Procedure 1898 ( Act
V of 1898) , shall apply to proceedings under this Act.