LexThe Gujarat Land Grabbing (Prohibition) Act, 2020.
Gujarat · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
THE GUJARAT LAND GRABBING
(PROHIBITION) ACT, 2020.
(GUJARAT ACT NO. 11 OF 2020)
( As modified upto the 31st August, 2024. )
2024
( Price : ` 20-00 )
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(G.P.V .)-V-2036 -Bks.-10-2023.
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS
DEPARTMENT
THE GUJARAT LAND GRABBING
(PROHIBITION) ACT, 2020.
(GUJARAT ACT NO. 11 OF 2020)
( As modified upto the 31st August, 2024. )
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PRINTED AT THE GOVERNMENT PRESS, V ADODARA.
THE GUJARAT LAND GRABBING (PROHIBITION) ACT, 2020.
CONTENTS.
Preamble.
SectionS. Page no.
1. Short title, extent and commencement. 1
2. Definitions. 1
3. Land grabbing to be unlawful. 2
4. Prohibition on land grabbing. 2
5. Penalty for other offences in connection with land grabbing. 2
6. Offences by companies. 3
7. Constitution of Special Courts. 3
8. Public Prosecutor. 4
9. Procedure and powers of Special Courts. 4
10. Special Court to have powers of Civil Court and the Court of Sessions. 6
11. Burden of proof. 6
12. Information to be recorded and investigation to be carried out by the police officer. 6
12 A. Appeal. 6
13. Persons acting under the Act to be public servants. 7
14. Protection of action taken in good faith. 7
15. Act to override other laws. 7
16. Power to make rules. 7
17. Prohibition of alienation of lands grabbed. 8
18. Power of State Government to remove difficulties. 8
19. Repeal and saving. 8
Guj. 11 : 2020]
ii Guj. 11 : 2020]
PB The Gujarat Land Grabbing (prohibition) Act, 2020. [Guj. 11 : 2020 Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. 1
GUJARAT ACT NO. 11 OF 2020.1*
[THE GUJARAT LAND GRABBING (PROHIBITION) ACT, 2020.]
[9th October, 2020.]
Amended by Guj. 1 of 2022. **
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
follows:-
1. (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 29 th August, 2020.
2. 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:
2[Provided that ‘land’ shall not include the land in respect of which
applications for grants are pending on the date of commencement of this Act under
the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006;]
(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 the successors-in-interest;
*. This Act was assented by the Governor on the 8th October, 2020.
**. This Amendment Act was deemed to have come into force on the 11th January, 2022,
1. For Statement of Objects and Reasons see Gujarat Government Gazette, Part V , Extraordinary dated
the 16th September, 2020 Page No. 19-10 to 19-12.
2. This proviso was inserted and was deemed always to have been inserted with effect from the
commencement of the principal Act by Guj. 1 of 2022, s.2.
Short title,
extent and
commencement.
Definitions.
2 of 2007.
2 The Gujarat Land Grabbing (prohibition) Act, 2020. [Guj. 11 : 2020 Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. 3
(e) “land grabbing” means every activity of land grabber to occupy or attempt
to occupy with or without the use of force, threat, intimidation and deceit, any
land (whether belonging to the Government, a Public Sector Undertaking, a local
authority, a religious or charitable institution or any other private person) over
which he or they have no ownership, title or physical possession, without any
lawful entitlement and with a view to illegally taking possession of such land or
creating illegal tenancies or lease or licence, agreements or transfer or sale or by
constructing unauthorized structures thereon for sale or hire or use or occupation
of such unauthorized structures and the term “grabbed land” shall be construed
accordingly:
(f) “person” includes a group or body of persons, an association or a company,
or a religious or charitable institution or endowment, whether incorporated or not;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “Special Court” means a Special Court constituted under section 7:
(i) “unauthorized structures” means any structure constructed, without
express permission in writing of the competent authority, or except in accordance
with any law for the time being in force in the area.
3. 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.
4. (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.
5. 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;
(c) uses any land grabbed or causes or permits knowingly to be used for
purposes, connected with sale or allotment; or
(d) enters into an agreement for construction of any structure or buildings on
such land;
Land grabbing
to be unlawful.
Prohibition on
land grabbing.
Penalty for other
offences in
connection with
land grabbing.
2 The Gujarat Land Grabbing (prohibition) Act, 2020. [Guj. 11 : 2020 Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. 3
(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.
6. (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, secretary
or other officer of the company, such director, manager, secretary or other officer
shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation:- For the purposes of this section: -
(a) “Company” means anybody corporate and includes firm or other
association of individuals; and
(b) “Director” in relation to a firm, means a partner in the firm.
7.(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 of a Special Court unless he immediately before such appointment, is or has
Offences by
companies.
Constitution
of Special
Courts.
4 The Gujarat Land Grabbing (prohibition) Act, 2020. [Guj. 11 : 2020 Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. 5
been a Sessions Judge or a District Judge.
(6) The Government from time to time may, by notification in the Official
Gazette, reconstitute the Special Courts constituted under sub-section (1) and may,
at any time abolish such Special Courts by a like notification.
(7) A Judge of the Special Court shall hold office for a term of three years
from the date on which he enters upon his office, or until the Special Court is
reconstituted or abolished under sub-section (6), whichever is earlier.
8. The State Government shall appoint, for every Special Court, a person to
be the Public Prosecutor.
9.(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:
1[Provided that if, in the opinion of the Special Court, any application filed
before it is prima facie frivolous or vexatious, it shall reject the same without any
further enquiry.]
(2) Notwithstanding anything in the Code of Civil Procedure, 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, the
Special Court may follow its own procedure which shall not be inconsistent with
the principles of natural justice and fair play and subject to the other provisions of
this Act and of any rules made thereunder while deciding the Civil liability.
(4) Notwithstanding anything in the Code of Criminal Procedure, 1973, it
shall be lawful for the Special Court to try all offences punishable under this Act.
(5) The Special Court shall determine the order in which the civil and criminal
liability against a land grabber be initiated. It shall be within the discretion of the
Special Court whether or not to deliver its decision or order until both civil and
criminal proceedings are completed. The evidence admitted during the criminal
proceeding may be made use of while trying the civil liability. But additional
evidence, if any, adduced in the civil proceedings shall not be considered by the
Special Court while determining the criminal liability. Any person accused of land
grabbing or the abetment thereof before the Special Court shall be a competent
1. This proviso was inserted and was deemed to have come into force on the 11th January 2022 by Guj.1
of 2022, s.3(i).
Public
Prosecutor.
Procedure
and powers of
Special
Courts.
V of 1908.
V of 1908.
2 of 1974.
4 The Gujarat Land Grabbing (prohibition) Act, 2020. [Guj. 11 : 2020 Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. 5
witness for the defence and may give evidence on oath in disproof of the charge
made against him or any person charged together with him in the criminal
proceeding:
1[Provided that he shall neither be called as a witness except on his own
request in writing nor shall his failure to give evidence be made the subject of any
comment by any of the parties or the Special Court or give rise to any presumption
against himself or any person charged together with him at the same proceedings.]
(6) Every case under sub-section (1) shall be disposed off finally by the
Special Court, as far as possible, within a period of six months from the date of
institution of the case before it.
(7) Every finding of the Special Court with regard to any alleged act of land
grabbing shall be conclusive proof of the fact of land grabbing and of the persons
who committed such land grabbing, and every judgment of the Special Court with
regard to the determination of title and ownership to, or lawful possession of, any
land grabbed shall be binding on all persons having interest in such land:
2[Provided that the Special Court shall, by public notice specify the fact of
taking cognizance of the case under this Act. Such notification shall state that any
objection which may be received by the Special Court from any person within the
period specified therein shall be considered by it:
Provided further that the Special Court shall cause a notice of taking
cognizance of the case under the Act served on any person known or believed to be
interested in the land, after satisfying itself about the persons likely to be interested
in the land.]
(8) When an offence of land grabbing is proved, the Special Court may if it
thinks fit, order that possession of the same be restored to that person after evicting
by force, if necessary, any other person who may be in possession of the property.
(9) It shall be lawful for the Special Court to pass such order as it may deem
fit to advance the cause of justice. It may award compensation in terms of money
for wrongful possession of the land grabbed which shall not be less than an amount
equivalent to the jantri value of the land grabbed as on the date of the order and
profits accrued from the land payable by the land grabber to the owner of the
grabbed land and may direct re-delivery of the grabbed land to its rightful owner.
The amount of compensation and profits, so awarded and costs of re-delivery,
1. This proviso was substituted and was deemed to have come into force on the 11th January, 2022 by
Guj.1 of 2022, s.3(ii).
2. These provisos were added and was deemed to have come into force on the 11th January, 2022, ibid.
s.3(iii).
6 The Gujarat Land Grabbing (prohibition) Act, 2020. [Guj. 11 : 2020 Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. 7
if any, shall be recovered as an arrear of land revenue in case the Government is
the owner, or as a decree of a civil court, in any other case to be executed by the
Special Court:
Provided that the Special Court shall, before passing an order under this sub-
section, give to the land grabber an opportunity of making his representation or
of adducing evidence, if any, in this regard, and consider such representation and
evidence.
10. Save as expressly provided in this Act, the provisions of the Code of Civil
Procedure, 1908 and the Code of Criminal Procedure, 1973, 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.
11.(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.
12. 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.
1[12A. (1) Any person aggrieved by a final judgment and order made by the
Special Court under this Act may prefer an appeal against such order to the High
Court.
(2) A separate appeal shall lie from the judgment and the order made by the
Special Court in the civil proceedings or the criminal proceedings respectively
under this Act to the High Court.
1. Section 12A was inserted and was deemed to have come into force on the 11th January, 2022 by
Guj. 1 of 2022. s.4.
Special Court to
have powers of
Civil Court and
the Court of
Sessions.
V of 1908.
2 of 1974.
Burden of proof.
Information to
be recorded and
investigation to
be carried out by
the police officer.
Appeal.
6 The Gujarat Land Grabbing (prohibition) Act, 2020. [Guj. 11 : 2020 Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. 7
(3) Every such appeal shall be preferred within thirty days from the date on
which the impugned judgment or order was made and the period of thirty days
shall be reckoned from the respective date of judgment and order passed in each of
the proceedings:
Provided that the High Court may, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal within the said period of
thirty days, permit the appellant to prefer the appeal within a further period of sixty
days.
(4)(i) In deciding appeal from the judgment and order of the Special Court in
civil proceedings, the High Court shall exercise all the powers which a civil court
has and follow the same procedure which a civil court follows in deciding appeal
against the decree of an original court under the Code of Civil Procedure, 1908.
(ii) In deciding appeal from the judgment and order of the Special Court
determining any criminal liability under this Act in criminal proceedings, the High
Court may exercise, so far as may be applicable, all the powers conferred by the
Chapter XXIX of the Code of Criminal Procedure, 1973 as if the Special Court
was a court of Sessions trying cases within the local limits of the jurisdiction of the
High Court.
(5) On receipt of any such appeal, the High Court shall, after giving the
parties to the appeal a reasonable opportunity of being heard, make such order, as
it may think fit, confirming, modifying or reversing the order appealed against or
remanding the case back with such direction as it may think fit for a fresh order
after taking additional evidence, if necessary.]
13. 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.
14. 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.
15. 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.
16. (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.
Persons acting
under the Act to be
public servants.
Protection of
action taken in
good faith.
Act to override
other laws.
Power to
make rules.
5 of 1908.
2 of 1974.
8 The Gujarat Land Grabbing (prohibition) Act, 2020. [Guj. 11 : 2020 Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. PB
17. 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.
18.(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.
19.(1) The Gujarat Land Grabbing (Prohibition) Ordinance, 2020 is here by
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.
------------
Government Press, Vadodara.
Prohibition of
alienation of
lands grabbed.
Power of State
Government to
remove
difficulties.
Repeal and
saving.
Guj. Ord
10 of 2020.