Encroachment

Laws governing:

1) The Punjab Land Revenue Act 1967

2) Public Property Removal of encroachment Act 1977
3) Local government Act 2013

The Punjab Land Revenue Act 1967:

Section 175 and 175-A: Section 175, Punjab Land Revenue Act, 1967 provided procedure for eviction
of an encroacher over the land reserved for common purposes irrespective of the fact that a building
had been erected thereupon

S. 117 Power of Revenue Officer to define boundaries: Revenue Officer is empowered to define the
limits of any estate, or of any holding, field or other portion of the estate on an application of any
person and as a result of such proceedings, a person found to be in wrongful possession of some land
can be evicted.

1) Encroached land, powers of Revenue officer:

A revenue officer is empowered to dispose of dispute of encroachment while the civil court has no
jurisdiction over such matter. (PLD 1960 AJ & K 42)

2) In the case of "Brig. Muhammad Bashir v. Abdul Karim and others" reported as "PLD 2004
Supreme Court 271" the Hon'ble Supreme Court at page 283 held that; Writ is allowed:
"There is no cavil with the proposition that "so long as statutory bodies and executive authorities act
without fraud and bona fide within the powers conferred on them by the Statute, the judiciary cannot
interfere with them. There is ample power vested in the High Court to issue directions to an executive
authority when such an authority is not exercising its power bona fide for the purpose contemplated by the
law or is influenced by extraneous and irrelevant considerations. Where a statutory functionary acts mala
fide or in a partial, unjust and oppressive manner, the High Court in the exercise of its writ jurisdiction has
ample power to grant relief to the aggrieved party".

similarly, in the case of "Government of Pakistan through Secretary Ministry of Interior and
Narcotics Control (Interior Division) Board, Islamabad v. Muhammad Yasin, Sub Inspector No.
525-L and others" reported as "1997 PLC (C.S.) 606" the august Court observed as follows;

"It is settled principle of the Constitutional Jurisdiction that it shall be made available in aid of law to
issue writ. The High Court acts in aid of law and not to hamper the working of the agencies established
by law."

3) Cases that may be relevant:

2015  MLD  595     KARACHI-HIGH-COURT-SINDH
Issuance of notice for removal of encroachment and filing of review petition under Ss. 3 and 4 of
the Sindh Public Property (Removal of Encroachment) Act, 2010---Requirement and scope---
Petitioners purchased the government land for cultivation of plants to be used for extracting
anti-malaria agent---Prosecution after investigating both the criminal cases recommended the
disposal in 'A' Class---Authorities subsequently admitted that the petitioners were not
encroachers ---Contention of the petitioners was that before registration of criminal cases, the
requirements of S. 8(1) of the Sindh Public Property (Removal of Encroachment) Act, 2010 had
not been fulfilled---Validity---FIR under S. 8(1) of the Sindh Public Property (Removal of
Encroachment) Act, 2010 could only be registered against those encroachers who despite
issuance of an order directing removal of encroachment as contemplated in S. 3(1) of the Sindh
Public Property (Removal of Encroachment) Act, 2010 and without preferring any review or after
dismissal of their review petition failed to remove the encroachment---Legislature in order to
prevent the misuse of penal provisions had required the enforcer of law to first issue an eviction
order/notice and thereafter had provided a review against that order with an opportunity of
being heard in order to ensure that no unnecessary harassment was caused to the genuine
owners/occupants of the government land---Respondents (officials) with mala fide intention and
ulterior motive had lodged FIRs under the provisions of S. 8(1) of the Sindh Public Property
(Removal of Encroachment) Act, 2010 by misusing their authority---High Court while quashing
the FIRs directed the Authorities to initiate departmental proceedings against the
respondents---Constitutional petition was allowed in circumstances.

Draft acquisition and re settlement plan:

Payment in cash or in kind for an asset or a resource that is acquired or ... (moveable assets) as encroachers on
the government land, and 2 mosques (one in the FBR ... Land acquisition act and ADB safeguard policy both
protect ... will be allowed to reconstruct shops in the area allocated for shifting of car/taxi parking stand.
https://download1.fbr.gov.pk/Docs/20159161692419199FinalDraftLARPforCHAMANBCP.pdf

NEW:
https://lgcd.punjab.gov.pk/system/files/final_draft_of_PLGs_Removal_of_Encroachments_mod
el_bye_laws.pdf

The [name of Local Government] (Prevention and Removal of Encroachments) Model Bye-Laws,
2018
(4) The cost of removal of encroachment or ejectment under the Act and these bye-laws shall be
payable to the Local Government by the encroacher or wrongful occupier, and if the cost is not
paid on demand, the Local Government may cause it to be recovered as arrears of land revenue
or cause the materials or articles used by the encroacher or the wrongful occupier of
encroachment or wrongful occupation to be sold in auction and if the proceeds of the sale are
not sufficient to cover the cost, the balance shall be recoverable as arrears of land revenue but if
such proceeds exceed the cost, the excess shall be paid to the encroacher or the wrongful
occupier.