A person in illegal occupation of the land has to be evicted following the procedure prescribed under the law.

Forcible dispossession:

 Even a trespasser cannot be evicted forcibly. Thus, a person in illegal occupation of the land has to be evicted following the procedure prescribed under the law. (Vide Midnapur Zamindary Co. Ltd. v. Naresh Narayan Roy AIR 1924 PC 124; Lallu Yeshwant Singh v. Rao Jagdish Singh and Ors. AIR 1968 SC 620; Ram Ratan v. State of U.P., AIR 1977 SC 619; Express Newspapers Pvt. Ltd. and Ors. v. Union of India and Ors., AIR 1986 SC 872; and Krishna Ram Mahale v. Mrs. Shobha Vankat Rao, AIR 1989 SC 2097).

 In Nagar Palika, Jind v. Jagat Singh, AIR 1995 SC 1377, this Court observed that Section 6 of the Specific Relief Act, 1963 is based on the principle that even a trespasser is entitled to protect his possession except against the true owner and purports to protect a person in possession from being dispossessed except in due process of law.

 Even the State authorities cannot dispossess a person by an executive order. The authorities cannot become the law unto themselves. It would be in violation of the rule of law. Government can resume possession only in a manner known to or recognised by law and not otherwise. (Vide Bishan Das v. State of Punjab, AIR 1961 SC 1570; Express Newspapers Pvt. Ltd. (supra); State of U.P. and Ors. v. Maharaja Dharmander Prasad Singh and Ors., AIR 1989 SC 997; and State of West Bengal and Ors. v. Vishnunarayan & Associates (P) Ltd. and Anr., (2002) 4 SCC 134).

 The forcible eviction of the appellant/applicant by the respondents was unwarranted and unlawful. Proceedings had been initiated under the Act, 1982. It is a special Act to prevent illegal activities of land grabbing. The Legislature, in its wisdom, constituted a Special Court presided over by a person who is or eligible to be the Judge of the High Court, and consisting of the Members who are or eligible to become District Judge and District Collector. Therefore, persons having enough experience and who have acquired a higher status have been given responsibility to adjudicate upon the disputes under the Act 1982. That Special Court has been conferred with the powers of Civil or Criminal Courts.


Categories: CIVIL

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