Recovering Encroached Land: New act allows administrative fix outside court

The government has taken an initiative to recover encroached land and help the real owner get it back through an administrative process.

A high official at the Ministry of Land says according to the Land Crime Prevention and Remedy Act 2023, if a real owner's land is encroached by others, it can be recovered through an administrative process and the land owner does not need to go to court to settle the issue.

In the past, if land was encroached, the real owner had to file a title suit with the court to get it back - a process that took years while the victim had to bear the litigation costs as well.

Land grabbers took advantage of this lengthy legal process and bureaucratic complexities. But with the new land act, they will no longer get the chance to do so.

The main purpose of the act is to ensure the rights of the actual land owner and dispose of land-related issues rapidly.

The new legislation has prescribed punishments for certain acts defined as offences.

For instance, if someone performs any fraudulent act related to land, the highest punishment prescribed is seven years' imprisonment and fines as per section 4 of the act.

The punishment for land-related forgery is seven years' imprisonment and fines as per section 5.

The act also empowers executive magistrates to perform judicial functions under sections 8 and 22.

As per the act, to recover grabbed land, the real owner should file a petition with the office of the deputy commissioner (DC) and submit the land deed, khatiyan, and other legal documents.

After that, an executive magistrate will scrutinise the papers to determine whether the petitioner is the real land owner or not.

If the claim in the petition is found true, the district administration, along with the police, will evict the grabber and hand the land over to the real owner.

Moreover, if anyone's land is encroached, they can also file a complaint with the local police station.

Police will investigate the complaint by visiting the spot physically.

If they find that the complaint is true, they, along with the local administration, will help the real owner get back the land.

Besides, if a land dispute continues for a long time, the problem can be solved by submitting an application to the district legal aid office.

If needed, an executive magistrate may investigate it physically and carry out an eviction drive with the police to recover the land and hand it over to the real owner.

The land ministry official says the legal aid offices in all districts are engaged in resolving all land-related contentions, including family disputes over land sharing and determining heirs.

talhabinhabib@yahoo.com