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Criminal trespas & illegal toilet & grabbing toilet subsidy.

Querist : Anonymous (Querist) 12 January 2018 This query is : Resolved 
Respected Sir / Madam,

I have got agriculture land in Nasik District.
In the said land the person has encroached the big area.
Also he has illegally constructed the toilet and grabbed the toilet subsidy from Grampanchyat. I have got all the solid proofs.
I am owner of the said agriculture land.

Can I file the FIR & criminal trespass under Section 441 of Indian Penal Code (IPC), 1860 & land grabbing offenses.

Kindly suggest the legal remedy and short cut way to get it back immediately.
Ms.Usha Kapoor (Expert) 13 January 2018
You can file FIR under Criminal trespass section IPC against your neighbour who illegally grabbed your land.
Querist : Anonymous (Querist) 13 January 2018
Hi tks for your reply. Already met PSI but he said that he needs order from Tahisildar from taluka place so that police can give protection to us for removing the encroachment area etc. in agriculture land. Kindly revert the process /remedy. Also as he has grabbed illegally encroached, illegally constructed the toilet and illegally grabbed the Government Subsidy for which he should be arrested for which pls let us know the procedure.
Ms.Usha Kapoor (Expert) 13 January 2018
In ANDHRA pRADESH AND kARNATAKA cOMPREHENSIVE LAW IS THERE REGARDING LAND GRABBING AND PROHIBITION ''''''''ACT/. MAHARASHTRA NO SUCH COMPREHENSIVE LEGISLATION IS THERE. Yet IT IS RECOGNISED A S A CRIME.I'm briefly discussing about landgrabing and Prohibition Act here.Please puruse.
AND GRABBING (PROHIBITION)
ACT, 1982
Land Cell
A.P. LAND GRABBING (PROHIBITION) ACT, 1982

BACKGROUND
1. This Act is meant mainly to arrest and curb the unlawful activity of
grabbing Government land, a local authority, a religious or Charitable
Institution or Endowment including Wakf or any other private property,
either individually or in groups either by force or decrepit or otherwise.
2. The Act came into force w.e.f. 06-9-1982.
3. A land grabber is a person or group of persons who commit land
grabbing or 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 from the 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
successors in interest.
4. Land Grabbing means every activity of grabbing of any land belonging
to Government, local authority, religious or Charitable Institution or
Endowment including wakf or any other private person, by a person or
group of persons without any lawful entitlement and with a view to
possess illegally or enter into or create illegal tenancies or lease and
licenses agreements in respect of such lands, or to construct
unauthorized structures thereon for sale or hire or give such lands to
any person on rental or lease and license basis for construction or use
and occupation of unauthorized structures and the term “to grab land”
shall be construed accordingly (Section 2).
5. Under Section 3 of the Act, land grabbing any form and any activity
concerned therewith is an offence punishable under the Act.
6. Land Grabbing in any of the above form, on conviction is punishable
with imprisonment for a term which shall not be less than six months,
but which may extend to 5 years and with fine upto five thousand
rupees (Section 4 & 5).
7. For speedy enquiry and trial of the land grabbing cases, the
Government constitute Special Courts consisting of a Chairman
(A Judge of High Court or District Judge) and two Judicial Members
and two Revenue Members (Section 7). The Special Court may either
suo-motu or an application take cognizance of and try every land
grabbing case with respect to the ownership and title to or lawful
possession of the land grabbed. The decision of the Special Court
shall be final. For this purpose, the Special Court is deemed to be a
Civil Court with all its powers. The Special Court is also competent to
award compensation by the land grabber to the rightful owner
(Section 8).
8. The Competent Authority appointed by Government or the Revenue
Divisional Officer concerned has to implement the orders of the Special
Court by restoring possession to the rightful owner if the land cannot be
restored (for any reason), he may either take possession; and keep it
under its control or provide for its proper management till it is duly
restored to the rightful owner or authority (Section 9)..

In Maharashtra also special courts are constituted to inquire into land grabbing cases as in A.P.
Kumar Doab (Expert) 13 January 2018
AQ so NO reply.
Kumar Doab (Expert) 13 January 2018
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