GUJARAT LAND GRABBING (PROHIBITION) ACT, 2020

Preliminary PREAMBLE

[Act No. 11 of 2020]

[09th October, 2020]

An act to prohibit land grabbing activities and connected matters in the State of Gujarat. It is hereby enacted in the Seventy-first Year of the Republic of India as follow:-

S.1 Short title, extent and commencement

(1) This Act may be called the Gujarat Land Grabbing (Prohibition) Act, 2020.

(2) It extends to the whole of the State of Gujarat.

(3) It shall be deemed to have come into force on the 29th August, 2020.

S.2 Definitions

In this Act, unless the context otherwise requires,-

(a) "Committee" means a committee notified from time to time by the State Government under the chairmanship of District Collector for the purposes of this Act;

(b) "Government'' means the Government of Gujarat;

(c) "land" includes rights in or over land, benefits to arise out of land and buildings, structures and other things attached to the earth or permanently fastened to anything attached to the earth;

(d) "land grabber" means a person who commits land grabbing and includes any person who gives financial aid to any person for taking illegal possession of lands or for construction of unauthorized structures thereon, or who collects or attempts to collect from any occupiers of such lands rent, compensation and other charges by criminal intimidation, or who abets the doing of any of the above mentioned acts, and also includes th

S.3 Land grabbing to be unlawful

The land grabbing in any form shall be prohibited and declared unlawful and any activity connected with or arising out of land grabbing shall be an offence punishable under this Act.

S.4 Prohibition on land grabbing

(1) No person shall commit or cause to be committed land grabbing, by himself or through any other person.

(2) Any person who, on or after the commencement of this Act, continues to be in occupation, otherwise than as a lawful tenant, of a grabbed land belonging to the Government, local authority, religious or charitable institution or endowment or other private person, shall be guilty of an offence under this Act.

(3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall on conviction, be punished with imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and with fine which may extend to Jantri value of such properties.

S.5 Penalty for other offences in connection with land grabbing

Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such land grabbing,-

(a) sells or allots, or offers or advertises for sale or allotment, or has in his possession for the purpose of sale or allotment any land grabbed;

(b) instigates or incites any person to commit land grabbing;

(d) enters into an agreement for construction of any structure or buildings on such land;

(e) causes or procures or attempts to procure any person to do any of above mentioned acts;

shall, on conviction, be punished with imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and with fine which may extend to Jantri value of such properties

S.6 Offences by companies

(1) If the person contravening the provisions of this Act is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

(2) Notwithstanding anything in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, sec

S.7 Constitution of Special Courts

(1) The State Government may, with the concurrence of the Chief Justice of the High Court of Gujarat, by notification in the Official Gazette constitute one or more Special Courts for such area or areas, or for such cases or class or group of cases, as may be specified in the notification.

(2) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the State Government, whose decision in the matter shall be final.

(3) A Special Court shall be presided over by a judge to be appointed by the State Government with the concurrence of the Chief Justice of the High Court of the Gujarat.

(4) The State Government may also appoint, with the concurrence of the Chief Justice of the High Court of Gujarat, Additional Judges to exercise jurisdiction of the Special Court.

(5) A person shall not be qualified for appointment as a Judge or an Additional Judge

S.8 Public Prosecutor

The State Government shall appoint, for every Special Court, a person to be the Public Prosecutor.

S.9 Procedure and powers of Special Courts

(1) The Special Court may, either suo moto or on application made by any person, or any officer authorized by District Collector, take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession of, the land grabbed, whether before or after the commencement of this Act, and pass such orders (including orders by way of interim directions) as it deems fit.

(2) Notwithstanding anything in the Code of Civil Procedure, 1908 (V of 1908), any case in respect of an alleged act of land grabbing or the determination of question of title and ownership to, or lawful possession of any land grabbed under this Act, shall, subject to the provisions of this Act, be triable in the Special Court and the decision of Special Court shall be final.

(3) Notwithstanding anything in the Code of Civil Procedure 1908 (V of 1908), the Special Court may follow its o

Legal Commentary on Section 9 of the Gujarat Land Grabbing (Prohibition) Act, 2020

Introduction

Section 9 of the Gujarat Land Grabbing (Prohibition) Act, 2020, establishes the procedures, powers, and scope for the Special Court to adjudicate cases related to land grabbing. It seeks to facilitate a speedy resolution of land disputes and enforce strict penalties against offenders.

What does Section 9 Say

The section mandates that every case under subsection (1) shall be disposed of within six months, as far as possible .
It confers authority on the Special Court to determine its own procedure, including passing orders deemed fit to advance justice ["].
The Special Court can award compensation, not less than the Jantri value of the land at the time of order, and profits accrued from the land ["].
It allows the Special Court to pass appropriate orders to expedite justice, including awarding monetary compensation ["].
The section specifies that a person accused of land grabbing or abetment is a competent witness for the defense and may give evidence under oath ["].
The Court's powers include acknowledging or adjudicating appeals made by any person or officer permitted under the Act ["].

Essential Ingredients

Final disposal of cases within six months ["].
Power to determine procedures independently ["].
Authority to award monetary compensation, minimum equal to Jantri value plus profits ["].
The accused has the right to testify and present evidence in their defense ["].
The Special Court can pass orders to promote justice and expedite proceedings ["].

Scope of Section 9

Applies to all cases of land grabbing prosecuted under the Act ["].
Encompasses proceedings initiated by the State or private persons regarding unlawful occupation or possession of land ["].
Covers both criminal and civil aspects, including compensation and recovery of wrongful gains ["].
Ensures speedy adjudication, aligning with the Act's objective of swift justice ["].
Provides procedural autonomy to the Special Court to effectively handle land grabbing cases ["].

Punishment for Section 9 Violations

While Section 9 primarily deals with procedures and powers, violations such as non-compliance with directions or delays could lead to contempt or other penalties under the Act or general law ["].
The Act prescribes imprisonment and fines for land grabbing offenses, but specific punishments related to procedural violations are not detailed in Section 9 itself ["].
The overarching aim is to deter unlawful land occupation and ensure swift justice, with penalties enforced through other provisions of the Act ["].

Legal Comments

Speedy Disposal - Section 9 emphasizes the importance of disposing cases within six months to protect landowners' rights efficiently ["].
Procedural Autonomy - The provision grants the Special Court discretion to determine its own procedures, ensuring flexibility in handling land grabbing cases ["].
Compensation Provisions - The section empowers the Court to award monetary compensation at least equal to the Jantri value and profits, safeguarding the economic interests of landowners ["].
Defense Rights - Accused persons are recognized as competent witnesses and can present evidence, aligning with principles of natural justice ["].
Alternative Remedies - The courts have acknowledged that the Act provides an efficacious alternative remedy through the Special Court, limiting the scope for writ petitions [["Jayantilal Laxmishankar Pandya VS State Of Gujarat"]"].
Constitutionality - The provision has been upheld as valid, with courts noting that the Act aims at speedy resolution without unbridled powers, balancing procedural autonomy with safeguards ["].
Compensatory Orders - The Court can pass orders to compensate landowners for wrongful possession, including profits and Jantri value, reinforcing property rights ["].
Legal Certainty - The six-month timeline promotes judicial efficiency and reduces prolonged litigation, aligning with constitutional principles of speedy justice ["].
Offender's Rights - The Act ensures that accused persons can defend themselves and give evidence, maintaining fairness in proceedings ["].
Procedural Flexibility - The Court's power to pass orders as deemed fit ensures adaptability to case-specific circumstances ["].
Enforcement and Penalties - Though specific penalties are not detailed in Section 9, the Act's overarching framework establishes stringent punishments for land grabbing ["].
Judicial Oversight - The section provides for judicial oversight to ensure cases are not delayed and justice is served promptly ["].
Legal Safeguards - The provision balances expeditious disposal with safeguards for accused persons, such as the right to testify and present evidence ["].
Comparison with Other Acts - Similar provisions in Acts like Andhra Pradesh and Karnataka emphasize swift adjudication, reflecting a broader legislative intent [["Jayantilal Laxmishankar Pandya VS State Of Gujarat"]"].
Implication for Landowners - The section reinforces the protection of lawful landowners by ensuring quick redress and compensation ["].
Limitations - The "as far as possible" clause introduces some judicial discretion, which may impact uniformity in case disposal timelines ["].

This commentary synthesizes information from the provided sources, emphasizing the procedural and substantive aspects of Section 9 of the Gujarat Land Grabbing (Prohibition) Act, 2020.

S.10 Special Court to have powers of Civil Court and the Court of Sessions

Save as expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908 (V of 1908) and the Code of Criminal Procedure, 1973 (2 of 1974), in so far as they are not inconsistent with the provisions of this Act, shall apply to the proceedings before the Special Court and for the purposes of the provisions of the said enactments, Special Court shall be deemed to be a Civil Court, or as the case may be, a Court of Sessions and shall have all the powers of a Civil Court and a Court of Sessions and person conducting a prosecution before the Special Court shall be deemed to be an Assistant Public Prosecutor.

S.11 Burden of proof

(1) Where in any proceedings under this Act, a land is alleged to have been grabbed, and such land is prima facie proved to be the land owned by the Government or by a private person, the Special Court shall presume that the person who is alleged to have grabbed the land is a land-grabber and the burden of proving that the land has not been grabbed by him shall be on such person.

(2) Where it is proved that a land grabber or any person on his behalf is or has at any time been, in possession of movable or immovable property which he cannot satisfactorily account for, or where his pecuniary resources are disproportionate to his known sources of income, the Court shall, unless contrary is proved, presume that such property or pecuniary resources have been acquired or derived by his activities as a land grabber.

S.12 Information to be recorded and investigation to be carried out by the police officer

Notwithstanding anything contained in the Code of Criminal Procedure, 1973,-

(a) no information about the commission of an offence under this Act, shall be recorded by a police officer without the prior approval of the District Collector in consultation with the Committee notified by the Government;

(b) no investigation of an offence under the provision of this Act shall be carried out by a police officer below the rank of the Deputy Superintendent of Police, or for the areas where the Commissioner of Police is appointed by the State Government, by a police officer not below the rank of the Assistant Commissioner of Police.

S.13 Persons acting under the Act to be public servants

Every person acting under the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

S.14 Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against any officer or employee of the special Court or any officer of the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

S.15 Act to override other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or custom, usage or agreement or decree or order of a court or any other tribunal or authority.

S.16 Power to make rules

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the legislature may make during the session in which they are so laid or the session immediately following.

S.17 Prohibition of alienation of lands grabbed

Any transaction relating to an alienation of a land grabbed or any part thereof by way of sale, lease, gift, exchange, settlement, surrender, usufructuary mortgage or otherwise, or any partition effected or a trust created in respect of such land, which has taken place whether before or after the commencement of this Act shall, except to the extent ordered by the Special Court be null and void.

S.18 Power of State Government to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appears to be necessary or expedient for removing the difficulty:

Provided that no order under sub-section (1) shall be made after the expiry of two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.

S.19 Repeal and saving

(1) The Gujarat Land Grabbing (Prohibition) Ordinance, 2020 (Guj. Ord. 10 of 2020) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the said Act.