Land Grabbing Act Cases Advocate in Gujarat | Advocate Paresh M Modi | 9925002031
The Gujarat Land Grabbing (Prohibition) Act, 2020 – Comprehensive Legal Guide
Advocate Paresh M Modi, a highly experienced land and property dispute lawyer in Ahmedabad, Gujarat, specializes in cases related to The Gujarat Land Grabbing (Prohibition) Act, 2020. This webpage provides a detailed understanding of this landmark law, covering its provisions, penalties, court procedures, witness requirements, defenses for the accused, and much more.
Introduction to The Gujarat Land Grabbing (Prohibition) Act, 2020
The Gujarat Land Grabbing (Prohibition) Act, 2020, was enacted to prevent and punish land grabbing in Gujarat. The Act aims to:
✔️ Stop illegal encroachments on public and private land.
✔️ Take strict action against land grabbers, including individuals, groups, and organized mafias.
✔️ Recover illegally occupied land and restore it to the rightful owner or the government.
✔️ Ensure speedy trial and punishment for offenders through Special Courts.
The Act applies to government land, private land, and public properties in Gujarat and provides harsh penalties, including imprisonment and heavy fines, for illegal encroachments.
Key Definitions Under the Act
✔️ Land Grabber – Any person or group who illegally occupies land and refuses to vacate it.
✔️ Land Grabbing – Unlawfully taking possession of government or private land for personal use or profit.
✔️ Competent Authority – A government-appointed officer responsible for detecting and investigating land grabbing cases.
✔️ Special Court – A designated court under the Act to ensure speedy trials of land grabbing cases.
Important Sections of The Gujarat Land Grabbing Act & Punishments
| Section | Description of Offense | Punishment |
|---|---|---|
| Section 3 | Prohibits land grabbing and declares it illegal. | Seizure of land and criminal action |
| Section 4 | Declares land grabbers as offenders under the Act. | Minimum 10 years to Maximum 14 years imprisonment + Fine up to ₹5 lakh |
| Section 5 | Any person found aiding or abetting land grabbing. | Same punishment as the main offender |
| Section 6 | Allows government to reclaim land from grabbers. | Land will be taken back without compensation |
| Section 7 | Establishes Special Courts for speedy trials. | Cases to be decided within 6 months |
| Section 8 | Any sale, lease, or agreement related to grabbed land is void. | Cancellation of all transactions |
| Section 9 | Government-appointed officers have the authority to investigate. | Power to conduct inquiries, gather evidence, and report cases |
| Section 10 | Empowers the Special Court to order land restoration. | Land must be handed over to the rightful owner or the government |
| Section 11 | Offenses under this Act are non-bailable and cognizable. | Immediate arrest and denial of bail in most cases |
| Section 12 | Allows the government to take action even in pending civil disputes. | Criminal proceedings can continue alongside civil cases |
| Section 13 | The burden of proof lies on the accused. | The accused must prove their ownership legally |
| Section 14 | Punishment for false complaints under the Act. | Up to 5 years imprisonment and a fine of ₹1 lakh |
| Section 15 | Provides protection to government officials working on land grabbing cases. | Legal immunity from personal liability |
Legal Procedure & Court Proceedings
1️⃣ Complaint Filing
- The landowner or a government authority can file a complaint before the Competent Authority.
- FIR is registered under the Gujarat Land Grabbing Act & IPC sections, if applicable.
2️⃣ Investigation & Evidence Collection
- Authorities verify land records, revenue documents, sale deeds, and ownership papers.
- Site inspections and surveys are conducted to determine illegal encroachments.
- Witness statements and electronic evidence (CCTV footage, photographs, GPS location, etc.) are collected.
3️⃣ Notice to Accused
- The accused is given a show-cause notice to present ownership proof.
- If ownership is not proven, further legal action is taken.
4️⃣ Special Court Trial
- Case proceeds to the Special Land Grabbing Court.
- The government advocates and the accused’s lawyers argue the case.
- The burden of proof lies on the accused to prove the land is legally owned.
5️⃣ Court Decision & Land Restoration
- If the accused is found guilty, the court orders:
✔️ Eviction of illegal occupants
✔️ Restoration of land to rightful owner or government
✔️ Imprisonment and fines as per Section 4 of the Act
6️⃣ Appeal Process
- The convicted party can appeal to the High Court within 30 days of the judgment.
Requirement of Witnesses in Land Grabbing Cases
✔️ Official Witnesses – Revenue officers, government surveyors, or police officials.
✔️ Landowners & Neighbors – People who have seen the encroachment happen.
✔️ Documentary Witnesses – Sale deeds, title documents, municipal tax records.
✔️ Expert Witnesses – Surveyors, legal experts, or land valuation officers.
✔️ Electronic Evidence – CCTV footage, drone images, satellite maps, etc.
Defenses Available for the Accused
1️⃣ Legal Ownership Proof – If the accused holds valid ownership documents, the case can be dismissed.
2️⃣ Adverse Possession – If the accused has occupied the land for 12+ years and has tax receipts, they may claim ownership.
3️⃣ False Allegations Defense – If the complaint is politically motivated or filed out of personal rivalry, it can be challenged.
4️⃣ Improper Investigation – If the Competent Authority fails to follow proper procedures, the case can be dismissed.
5️⃣ Lack of Evidence – If the prosecution fails to prove illegal possession, the accused can seek acquittal.
6️⃣ Delay in Filing the Case – If the case is filed after several years without a valid reason, the accused can question the delay.
Why Choose Advocate Paresh M Modi for Land Grabbing Cases?
✔️ Expert in Land & Property Laws – Extensive experience in land grabbing disputes, property encroachments, and revenue cases.
✔️ Strong Court Representation – Handles cases in Special Land Grabbing Courts, District Courts, and Gujarat High Court.
✔️ Specialist in Land Record Verification – Expertise in title searches, land ownership disputes, and revenue cases.
✔️ High Success Rate in Defending Accused Persons – Provides strategic defenses against false allegations.
✔️ 24/7 Legal Consultation Available – Quick response for urgent legal matters.
Final Words
The Gujarat Land Grabbing (Prohibition) Act, 2020, is a strict law to curb illegal land encroachments. If you are involved in a land grabbing case, whether as a victim or accused, expert legal guidance is crucial. Advocate Paresh M Modi is one of the best land grabbing lawyers in Gujarat, ready to protect your land rights and defend you in court.
For legal assistance in land grabbing cases, contact:
📞 Mobile: +91 9925002031 (WhatsApp only, 9 AM – 9 PM)
📞 Office Landline: +91-79-48001468 (10:30 AM – 6:30 PM)
✉️ Email: advocatepmmodi@gmail.com
🌐 Website: www.advocatepmmodi.in
📍 Office Address: C/112, Supath-2 Complex, Opp. Kohinoor Plaza Hotel, Near Old Wadaj Bus Stand, Ashram Road, Ahmedabad, Gujarat – 380013, India.
Gujarat Land Grabbing Act | GLGP Act | Advocate Paresh M Modi | 9925002031