How To File Land Grabbing Case In The Philippines

Land grabbing refers to whatever activeness by which someone occupies or attempts to occupy whatsoever land over which they do not accept any lawful entitlement. They may or may not apply force, threats or intimidation with a view to illegally possess the state or create illegal tenancies or sell or construct unauthorized structures thereon.

This may be washed by individuals, groups such as "state mafias" or companies and may exist carried out by means of imitation and fraudulent documentation, corruption or even muscle power. In certain cases, it is possible that someone who had entered the state with the consent of the possessor – such as a tenant – may refuse to leave after expiration of the tenancy and attempts to keep wrongful possession of the country.

While there is no pan-India legislation that specifically targets land grabbing, the same is considered illegal and criminal under various provisions of the Indian Penal Code. While the exact applicable provisions will vary instance to case, the following sections of the Indian Penal Lawmaking (IPC) are nigh normally used in such situations.

#Department 441 (Criminal Trespass): When someone unlawfully enters a property, or lawfully enters a property merely unlawfully remains there (such as a tenant after expiration of tenancy) with the intent to commit an offence, or to intimidate, insult or annoy the person in possession of such property, it amounts to criminal trespass.

#Section 425 (Mischief): When someone intentionally or knowingly causes destruction of a property or any change in a belongings that diminishes its value or utility, they are said to commit "mischief".

#Section 420 (Cheating): This provision is practical when someone cheats and deceives you into delivering any property to someone else.

#Department 442 (House Trespass): This is a form of "criminal trespass" wherein the trespasser unlawfully enters a human dwelling, or whatever edifice used as a place of worship or every bit identify for the custody of property.

#Section 503 (Criminal Intimidation): Any threat of injury to person, reputation or holding with the intent to cause them to do something which they are not legally bound to do is a course of "criminal intimidation".

Sure states like Karnataka and Andhra Pradesh have passed Acts which focus solely on country grabbing, and in which land grabbers are liable for imprisonment every bit well every bit fine. The land of Odisha has also formulated similar rules. Recently, the country of Gujarat passed an act with stringent punishment for land grabbers, wherein the imprisonment may very between 10 to 14 years and the fine volition depend upon the Jantri value of the property. Gujarat has even appointed special courts to handle such matters. This Act likewise puts the burden of proof on the grabber in one case the basic rights of the landowner have been established at least on the confront of it.

Actions to be taken if your country has been grabbed
Gather all the requisite documents showing your lawful merits over the belongings. Nevertheless, documents such every bit auction agreement, power of attorney and wills solitary may not suffice, and therefore, more documents must be nerveless to bear witness ownership of residential property. For example, title deeds, conveyance deeds, duly paid belongings tax returns, khata, etc. In the case of agricultural land, such documents may include the tape of rights (RoR), tenancy and tillage, relevant extract from mutation register from tahasil role, akarbandh, etc. These documents constitute your right over the land in question.

Criminal Action
Approach the Police: In states where specific country grabbing legislation is not available, yous may file a police complaint on the basis of the to a higher place-mentioned IPC sections. In states with Land Grabbing Prohibition legislations, the complaint will be filed as per the provisions of that particular legislation.

Ceremonious Action
Approach the Court: You may file a civil suit in a civil court nether Section five of the Specific Relief Act, 1963 (SRA) in accord with the Code of Ceremonious Procedure, 1908 (CPC) for recovery of a specific immovable holding/ land. In example yous accept been wrongfully dispossessed of a property then y'all can file a civil suit under Department 6 of SRA within six months from the date of dispossession. In addition to recovery, you can also pray for temporary and permanent injunction confronting the land grabber/trespasser. Permanent injunctions are granted at the final disposal of the suit while temporary injunctions operate during the pendency of the arrange. If you lot secure the judgement in your favour, it will exist followed by filing of an execution petition under Order XXI Dominion 35 of CPC to become the order/prescript executed. Your chances of winning such a suit are higher when you have the appropriate documentation that proves your rights on your land. Y'all may likewise seek amercement as compensation for all the losses you may take incurred due to the land grab.It is appropriate to arroyo a lawyer to decide the right course of activity from the available options to determine what arroyo would exist all-time in your scenario.

If your land in the city of Hyderabad is grabbed, you may call 1800-599-0099 which is a number set upwardly by the local Municipal Corporation.

The state of Uttar Pradesh has established an Anti-State Mafia Task Strength. One may register their complaint on the website: http://jansunwai.up.nic.in/ABMP.html.

Precautionary Measures to Preclude Land Grabbing
It is generally appropriate to conduct out the following preventive measures in order to avoid the risk of having your state grabbed.

* Go on your property documents in order
* Pay utility charges (water, electricity, etc.) and government taxes on time; go on a tape of the receipts
* Register your holding in accordance with state laws
* If you don't live at your property, make certain to regularly carry inspections; put up appropriate fences and sign- boards to ward off trespassers.

(The writer is an abet, specializing in the domain of intellectual property rights and presently working as a Managing Associate with LexOrbis, an IP boutique firm based in New Delhi, Bombay and Bengaluru.)

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(Disclaimer: The opinions expressed in this column are that of the author. The facts and opinions expressed here do not reflect the views of world wide web.economictimes.com.)

Source: https://m.economictimes.com/news/how-to/how-to-protect-yourself-against-land-grab/articleshow/85855457.cms

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