Scope and application of S.3(1)(2) of the Illegal Dispossession Act, 2005

“---S. 3 (1) & (2)---Scope and application of S.3(1)(2) of the Illegal Dispossession Act, 2005----Essentials for Complainant to allege and show before the court and the defence line of the accused enumerated. The Illegal Dispossession Act, 2005, is a special enactment which has been promulgated to discourage the land grabbers and to protect the right of owner and the lawful occupant of the property as against the unauthorized and illegal occupants.; The careful examination of the relevant provisions n the Act would reveal that all cases of illegal occupants without any distinction, would be covered by the Act, except the cases which were already pending before any other forum. The purpose of this special law was to protect the right of possession of lawful owner or occupier and not to perpetuate the possession of illegal occupants. The provisions of subsection (1) of section 3 of the Illegal Dispossession Act 2005 are in the form of preventive provisions. The section begins with the words: “no one shall….”. This is a prohibitory mandate. There is no restriction as to the class of persons. All persons have been prohibited to commit the offence detailed in this provision, be he male or female. In order to constitute an offence under section 3(1) of the Illegal Dispossession Act 2005, the Complainant is to allege and show before the Court:- 

(i) That the Complainant is the actual owner (or occupier i.e. in lawful possession) of the immovable property in question. 

(ii) That the accused has entered into (or upon) the said property. 

(iii) That the entry of the accused into (or upon) the said property is without an y lawful authority. 

(iv) That the accused has done so with the intention to dispossess (to grab or to control or to occupy) the Complainant. 

The provision of section 3(2) is salutary and mandatory. It is with the purpose to alleviate the suffering and is also effective deterrent against crime. The Legislature has taken full care to close all doors of any injustice to the parties.  

2009 SCMR 1066

Writ Petition No.11067/2016 & Crl. Misc. No.14-Q/2016