The Illegal Dispossession (Amendment) Act 2016

The Illegal Dispossession (Amendment) Act 2016

Proposed and moved by: Chaudary Nisar Ali Khan (Minister for Interior and Narcotics Control)

Status: Pending

Summary:  This Bill aims to further amend the Illegal Dispossession Act, 2005 (XI of 2005) through the Illegal Dispossession (Amendment) Act, 2016.

The 2005 Act provides deterrent punishment to property grabbers as well as relief and remedy to those illegally dispossessed of their immovable property. The Preamble of this Act explains its purpose, in the following words:

“An Act to cure the activities of the property grabbers. Whereas it is obedient to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession there from by the property grabbers”.

The amendments call for Section 3, Section 5 and Section 8 to be revised and a new Section 8-A to be inserted. The reasons for the Bill proposed are explained as follows.

Firstly, Section 3(1) does not cover the act to dispossess forcibly and wrongfully any owner or occupier of any property. Moreover, the right to appeal against an order of the court under Section 3(1) is not provided for which is fundamental right of every person aggrieved by such orders. Thirdly, Section 5 fails to cover local inquiry if deemed by the court to be necessarily held. And finally, the Law and Justice Commission of Pakistan has also supported these reasons for the proposed amendments.

 

(Summary by Khadija Naeem)



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