The legal framework for addressing encroachments across different provinces in Pakistan involves various municipal, provincial, and national laws designed to regulate land use, protect public spaces, and enforce property rights. Encroachments, generally defined as unauthorised occupation or construction on land not owned by the individual, are dealt with under provincial land revenue laws, municipal corporation ordinances, and special enactments aimed at protecting public properties. The legal remedies available, as well as the forums that adjudicate these matters, vary somewhat across provinces but follow a similar core structure. Below is an analysis of how the framework operates:
1. Punjab
- Legal Framework: In Punjab, encroachment matters are primarily governed by the Punjab Local Government Act, 2019, which empowers local authorities to take action against illegal structures and occupations. The Punjab Land Revenue Act, 1967 and the Punjab Development of Cities Act, 1976 are also relevant, providing local authorities and municipal corporations with powers to remove encroachments on state land, roads, and public pathways.
- When is a Writ in Order? A writ of mandamus or certiorari can be filed before the Lahore High Court if local authorities are failing to act against illegal encroachments, or if their actions, such as demolitions, are deemed arbitrary, illegal, or without following due process. Similarly, writs can be used to challenge administrative decisions that unjustifiably regularise illegal encroachments.
- Forums:
- Local Government bodies (e.g., Municipal Committees, Development Authorities such as LDA, RDA)
- Civil Courts for suits involving possession and title disputes
- Revenue Courts for cases under land revenue laws
- Lahore High Court for writs and appellate jurisdiction
2. Sindh
- Legal Framework: In Sindh, the Sindh Local Government Act, 2013 empowers municipal authorities to address and remove encroachments. The Sindh Public Property (Removal of Encroachment) Act, 2010 provides a specific legal mechanism for the eviction of illegal occupants from public land, giving officials authority to issue notices and carry out demolitions after a summary process. The Sindh Building Control Ordinance, 1979 also addresses unauthorised constructions.
- When is a Writ in Order? A writ can be filed before the Sindh High Court when authorities fail to act against encroachments or when individuals claim that their properties are being targeted unfairly. Writs are also filed to contest the legality of demolition orders if due process is not followed.
- Forums:
- Municipal Committees and Karachi Development Authority (KDA)
- Karachi Metropolitan Corporation (KMC) and Sindh Building Control Authority (SBCA)
- Civil Courts for disputes involving title or possession
- Sindh High Court for constitutional petitions and appellate jurisdiction
3. Khyber Pakhtunkhwa (KPK)
- Legal Framework: The Khyber Pakhtunkhwa Local Government Act, 2013 is the primary statute regulating encroachments in the province. The KP Public Property (Removal of Encroachment) Act, 1977 lays down procedures for dealing with illegal occupations and empowers authorities to issue notices for the removal of encroachments. The Peshawar Development Authority Act, 1975 gives specific powers to the authority concerning urban areas.
- When is a Writ in Order? A writ petition can be filed before the Peshawar High Court to compel authorities to act against encroachments or to challenge actions taken without legal notice or justification. Writs are also relevant when claims arise concerning fundamental rights, such as the right to property and due process.
- Forums:
- Municipal bodies and Peshawar Development Authority (PDA)
- Civil Courts for land disputes
- Revenue Courts under local land laws
- Peshawar High Court for constitutional petitions and appeals
4. Balochistan
- Legal Framework: The Balochistan Local Government Act, 2010 empowers local authorities to manage and remove encroachments. Like other provinces, the Balochistan Public Property (Removal of Encroachment) Act, 1980 provides legal recourse to authorities to initiate action against illegal constructions. Additionally, local revenue laws also apply, particularly concerning agricultural land.
- When is a Writ in Order? A writ can be sought from the Balochistan High Court where encroachments are being overlooked by local authorities or where actions are perceived as ultra vires (beyond the powers granted by law) or without adhering to legal procedures.
- Forums:
- Municipal Committees and Quetta Development Authority (QDA)
- Civil Courts for resolving land disputes
- Revenue Courts under land revenue laws
- Balochistan High Court for constitutional challenges and appellate cases
5. Islamabad Capital Territory (ICT)
- Legal Framework: In Islamabad, the Capital Development Authority Ordinance, 1960 provides the main legal foundation for addressing encroachments. The CDA has broad powers to manage public lands, remove illegal occupations, and initiate demolitions after issuing notices. The Islamabad Land Disposal Regulations also play a role in managing illegal structures.
- When is a Writ in Order? Writ petitions may be filed before the Islamabad High Court if individuals believe that actions by the CDA are arbitrary, illegal, or if there has been an undue delay in addressing encroachments. Writs are also applicable when private rights are infringed without due process.
- Forums:
- Capital Development Authority (CDA)
- Islamabad Local Government entities
- Civil Courts for private land disputes
- Islamabad High Court for constitutional petitions
Common Legal Recourses Across All Provinces
- Civil Suit:
- Individuals can file civil suits for declarations, possession, or injunctions against trespassers or encroachers. Conversely, suits can be filed to prevent arbitrary demolitions by authorities.
- Criminal Complaints:
- Encroachments that involve elements of trespass can lead to the filing of criminal complaints. Municipal regulations often include penalties for non-compliance.
- Writ Petitions:
- Writs of mandamus (to compel action), certiorari (to quash illegal actions), and prohibition (to prevent an action) are commonly sought remedies in High Courts to address grievances concerning encroachment disputes.
- Appeals and Revisions:
- Appeals against orders of local bodies or subordinate courts are often presented to higher forums, ensuring that the actions taken are consistent with legal standards.
The legal frameworks across Pakistani provinces for addressing encroachments offer a combination of administrative, civil, and criminal mechanisms. Provincial laws provide local authorities the mandate to act against illegal constructions and occupations, while courts, particularly High Courts, offer judicial remedies to address any grievances or injustices arising from these actions. Whether it is compelling authorities to take action against illegal encroachments or challenging the legality of an eviction order, the remedy lies in the judicious application of civil, administrative, and constitutional law principles. As each case can present unique circumstances, tailored legal advice may be required for effective resolution.
Some FAQs on the law of encroachment on property in Pakistan
What constitutes encroachment on property under Pakistani law? Encroachment refers to the unlawful occupation or use of property that belongs to another, whether it is private or public. Encroachment may include physical occupation, unauthorised construction, or any other actions that infringe upon the legal rights of the property owner, as illustrated in 2024 CLC 1565 (Quetta High Court Balochistan), where the private respondents were found to have set up illegal camps on business platforms.
Can encroachment on public property be challenged in court? Yes, encroachment on public property can be challenged under the relevant laws. In the case 2024 YLR 982 (Peshawar High Court), the court reviewed a decision involving a public property encroachment under the Khyber Pakhtunkhwa Public Property (Removal of Encroachment) Act, 1977. However, the jurisdiction of courts is generally limited when special tribunals are designated for such matters.
What legal remedies are available to address illegal encroachment? Legal remedies include filing a suit for declaration, possession, or injunction to restrain the encroacher from continuing their unlawful occupation. Additionally, a writ petition can be filed under Article 199 of the Constitution to compel public authorities to act against encroachment, as directed in 2024 CLC 493 (Peshawar High Court).
What is the role of revenue authorities in cases of encroachment on agricultural land? For encroachments involving agricultural land, the revenue authorities are responsible for demarcating boundaries and resolving disputes. Civil courts generally do not have jurisdiction unless the demarcation has been performed by revenue officials, as highlighted in 2023 PLD 98 (Quetta High Court Balochistan).
How can a property owner enforce their rights if an encroachment occurs? A property owner may file a suit for the restoration of possession or for the removal of the encroachment. The court in 2024 CLC 1565 emphasised that illegal occupation under the guise of business operations is not acceptable, and the petitioner was entitled to have the encroachments removed.
What did the Quetta High Court rule about encroachment in business areas? The Quetta High Court in 2024 CLC 1565 ruled that no person could encroach upon another’s property under the guise of business. The court directed officials to ensure the restoration of the property to its rightful owners.
Are tenants protected from accusations of encroachment? Tenants are protected as long as they occupy the property under lawful tenancy agreements. In 2017 YLR 174 (Peshawar High Court), a tenant successfully argued that his possession was legitimate, and the authorities’ claim of unauthorized occupancy was dismissed.
Can a person claim property rights based on long-term occupation? Mere long-term occupation does not confer legal title or ownership rights. In 2017 CLCN 224 (Karachi High Court), a plaintiff could not claim ownership based solely on long-term possession without legal documentation supporting their claim.
Is the erection of structures on public pathways considered encroachment? Yes, the erection of any structure that obstructs public pathways, roads, or common areas is deemed encroachment. The 2023 CLC 1839 (Peshawar High Court) decision reaffirmed that public property must be kept free from obstructions.
What is the jurisdiction of Anti-Encroachment Tribunals? Anti-Encroachment Tribunals have jurisdiction over cases involving the unlawful occupation of public properties. These tribunals can order the removal of encroachments and impose penalties on offenders, as described in 2022 CLC 556 (Karachi High Court).
Can an encroacher be forcibly evicted without a court order? Forcible eviction without following due legal processes is generally prohibited. However, authorities can seek orders from relevant tribunals or courts to lawfully remove encroachments, as illustrated in 2023 YLR 2522 (Peshawar High Court), where eviction was ordered by competent authorities.
What powers do municipal authorities have to combat encroachment? Municipal authorities have the power to remove illegal structures and encroachments within their jurisdiction, subject to adherence to legal protocols. In 2020 CLC 360 (Peshawar High Court), authorities acted to clear public spaces following complaints of illegal construction.
Can a civil court intervene in matters of encroachment on public property? Generally, civil courts have limited jurisdiction in matters where specific tribunals are empowered by law to handle encroachment issues. The 2023 PLD 98 case clarifies that disputes over public properties often fall within the exclusive domain of designated tribunals.
How did the courts address the issue of encroachments on government land in 2022 CLC 1374 (Karachi High Court)? The courts declared that government land could not be subject to private encroachment and directed that any illegal structures be removed, underscoring the government’s authority to maintain control over its property.
Can a private person initiate proceedings against encroachers on public property? Yes, in certain jurisdictions, private individuals can approach the relevant tribunal or court to initiate proceedings if public authorities fail to act against encroachers, as noted in 2022 CLC 556.
Can the possession of public property be regularised if someone has been occupying it for a long period?
Simply occupying public property over an extended period does not confer legal ownership or regularisation rights. As seen in 2024 CLC 493 (Peshawar High Court), encroachment on public property is illegal, and occupying public lands without proper authorisation is not enough to regularise possession.
What legal recourse does a person have if their possession of property is being challenged as encroachment?
If someone’s possession is challenged as encroachment, they can seek legal recourse by filing a suit for declaration or injunction to assert their rights over the property. However, they must provide sufficient evidence of their ownership or legitimate occupancy as highlighted in 2024 YLR 982 (Peshawar High Court).
What is the jurisdiction of Revenue Authorities concerning land encroachment?
Revenue Authorities have the jurisdiction to handle disputes concerning the demarcation of land and boundaries, especially agricultural land. As seen in 2023 PLD 98 (Quetta High Court), the civil courts are barred from adjudicating such disputes unless the Revenue Authorities have conducted the initial demarcation.
Can illegal encroachment be removed without notice?
No, a person accused of encroachment is entitled to due process. Authorities must issue a notice and give an opportunity to respond or vacate before removing illegal encroachments, as supported by 2023 YLR 1079 (Karachi High Court).
Can local bodies or municipal authorities allow the use of public property for private business purposes?
Public property is for the use and benefit of the general public. Any attempt to lease or allot such property for private business purposes without due legal process may be illegal, as indicated in 2023 CLC 1839 (Peshawar High Court).
Does filing multiple lawsuits over the same property constitute an abuse of process?
Yes, as seen in 2024 YLR 982 (Peshawar High Court), if the predecessor’s claims over property have been dismissed, filing subsequent lawsuits on the same grounds could be considered an abuse of process, and the court may refuse to entertain such suits.
What does ‘Ghair Mumkin’ mean in the context of encroachment cases?
‘Ghair Mumkin’ refers to land classified as unusable for agricultural purposes, often due to its designation as a thoroughfare or waterway. Encroachment on such land is illegal, as demonstrated in 2023 CLC 493 (Peshawar High Court).
Can a suit for injunction be filed to stop authorities from demolishing structures considered illegal encroachments?
Yes, but the plaintiff must prove that the structure is lawful and within their legal possession. Authorities can still proceed with removal if the structure is deemed illegal, as shown in 2021 MLD 1243 (Karachi High Court).
How does the court view attempts to legitimise encroachments under a lease agreement?
Even if an encroacher is paying some form of rent, this does not validate the encroachment if the occupation exceeds the terms allowed by the lease, as outlined in 2022 CLC 556 (Karachi High Court).
Can constitutional petitions be used to address encroachment disputes?
Constitutional petitions can be filed if there is a violation of fundamental rights or a misapplication of legal provisions. However, factual disputes over ownership and possession are generally not adjudicated through constitutional petitions, as shown in 2020 CLC 360 (Peshawar High Court).
What steps should be taken if someone’s land has been encroached upon by adjacent property owners?
The affected party should first seek a demarcation through Revenue Authorities and, if unresolved, can file a suit in the civil court for the restoration of property rights. This approach was noted in 2023 PLD 98 (Quetta High Court).
Can private parties approach anti-encroachment tribunals directly?
Yes, private parties can approach anti-encroachment tribunals if the responsible government officials fail to take action, as explained in 2022 CLC 556 (Karachi High Court).
Can structures constructed on government land without authorisation be regularised?
Regularisation of structures built on government land can only occur through lawful procedures and approval from the relevant authorities. Unauthorized constructions remain liable for demolition, as
highlighted in 2023 CLC 1093 (Peshawar High Court).
What is the consequence of failing to respond to eviction notices issued under encroachment laws?
Ignoring eviction notices may result in enforcement actions, including forced removal of encroachments. Courts have upheld such actions if due process was followed, as seen in 2023 YLR 2522 (Peshawar High Court).
How are disputes over land demarcation handled?
Disputes over land demarcation are primarily handled by Revenue Authorities. If an individual disputes the demarcation, they must seek clarification from the relevant authority before approaching the courts, as observed in 2023 PLD 98 (Quetta High Court).
Can a party be dispossessed from a property under an injunction order if they have a valid decree?
No, a valid decree grants legal protection to the possessor, and any dispossession in violation of that decree can be contested, as demonstrated in 2024 CLC 1565 (Quetta High Court).
Can a civil suit be filed for an injunction against alleged illegal constructions?
Yes, a civil suit can be filed if a party believes that illegal constructions infringe upon their rights, but sufficient evidence must be presented to support the claims, as highlighted in 2021 CLC 1066 (Peshawar High Court).
Does installing billboards on public property constitute encroachment?
Yes, the installation of billboards on public property without permission is considered an encroachment, and local bodies are responsible for taking action against such violations, as evidenced in 2023 PLD 98 (Quetta High Court).
Can legal possession be claimed over a property if documents are unchallenged?
If the documents proving ownership are unchallenged, the court may rule in favour of the party presenting them, as shown in 2021 YLR 1668 (Karachi High Court).
Is the transfer of agricultural land adjacent to public projects subject to encroachment rules?
Yes, any construction or use of land adjacent to public projects without legal clearance is subject to encroachment regulations, as highlighted in 2023 PLD 98 (Quetta High Court).
What does the court require to establish a claim of encroachment in a civil suit?
The court requires clear and cogent evidence, including demarcation reports, official surveys, and any registered documents to substantiate a claim of encroachment, as demonstrated in 2020 MLD 1360 (Lahore High Court).
Can a government authority lease a public road for private use?
Leasing a public road for private use without adherence to specific legal provisions may be deemed illegal. Public roads are meant for unrestricted access, and encroachments on them can be challenged, as shown in 2023 CLC 1839 (Peshawar High Court).
What jurisdiction does a civil court have regarding disputes over government land encroachments?
Civil courts generally do not have jurisdiction over disputes regarding government land encroachments unless a clear ownership dispute is involved. Cases concerning such encroachments are typically handled by specific tribunals, as outlined in 2022 CLC 556 (Karachi High Court).
How can someone contest an eviction notice issued under encroachment laws?
A person contesting an eviction notice should respond formally to the issuing authority, providing evidence of lawful occupancy. If the matter remains unresolved, they may seek relief through a competent tribunal or court, as seen in 2023 CLC 493 (Peshawar High Court).
Can encroachment on a public thoroughfare be justified if it does not impede public movement?
No, encroachment on a public thoroughfare cannot be justified even if it does not impede movement. Public thoroughfares are designated for unrestricted public use, and any obstruction, regardless of its impact on traffic, is considered illegal. The court in 2023 CLC 1839 (Peshawar High Court) reinforced that any encroachment on public pathways, irrespective of its perceived non-interference, must be removed.
What are the legal consequences if someone constructs a boundary wall on government property?
Constructing a boundary wall on government property without authorisation constitutes illegal encroachment. The authorities have the right to issue notices, demolish the unauthorised structure, and take legal action against the individual involved, as illustrated in 2022 YLR 332 (Karachi High Court). The encroacher may also face penalties under relevant municipal laws.
Can adverse possession be claimed over a piece of land owned by the government?
Adverse possession cannot be claimed over government property. Under Pakistani law, no person can acquire rights over government land through adverse possession, as reinforced by 2023 YLR 1079 (Karachi High Court). The courts have consistently ruled that public lands are immune to claims of adverse possession.
What is the role of a local municipal authority in addressing property encroachments?
Local municipal authorities are empowered to take action against illegal encroachments within their jurisdiction. They can issue notices to vacate, remove unauthorised structures, and impose penalties. The scope of their powers includes preventing further encroachments and ensuring public properties remain unoccupied by unauthorised persons, as discussed in 2021 MLD 1243 (Karachi High Court).
Can encroachments on water bodies, such as lakes or rivers, be regularised?
Encroachments on water bodies, including lakes, rivers, and drainage systems, are prohibited under environmental and municipal regulations. Such encroachments disrupt natural ecosystems and may lead to legal consequences, including forced removal and penalties, as seen in 2024 CLC 493 (Peshawar High Court). Regularisation is not typically permitted as it contravenes environmental protection laws.
Does fencing a piece of land equate to establishing possession in a property dispute?
Merely erecting a fence does not establish lawful possession. Possession must be backed by legal ownership or a valid tenancy agreement. In 2020 MLD 1360 (Lahore High Court), the court held that physical actions, such as fencing or installing gates, do not confer ownership if the underlying legal title is absent or disputed.
How does the court determine if a building violates zoning laws concerning encroachment?
The court examines zoning regulations, building plans, and local authority approvals to determine if a construction violates zoning laws. Any deviation from the approved building plan or encroachment onto public property leads to legal action, as illustrated in 2023 CLC 1093 (Peshawar High Court). Structures that infringe zoning regulations are subject to demolition orders.
Can a shopkeeper’s extension onto a public footpath be considered an encroachment?
Yes, shop extensions onto public footpaths constitute encroachments. Local municipal bodies are empowered to take strict action against such practices, as it infringes upon public access and violates municipal regulations. The court, in 2022 CLC 556 (Karachi High Court), upheld the removal of unauthorised shop extensions to maintain public order.
What is the legal status of encroachments that have been in place for several decades?
The longevity of an encroachment does not confer legality. Encroachments, even if they have existed for decades, can be challenged and removed by authorities, as reinforced by 2021 YLR 1668 (Karachi High Court). However, in exceptional cases, if there are substantial humanitarian concerns, authorities may consider regularisation, subject to applicable laws and procedures.
Can a civil suit be dismissed if the plaintiff fails to prove their lawful possession?
Yes, if the plaintiff cannot establish lawful possession or ownership, the civil suit for protecting such possession may be dismissed. In 2023 CLC 1839 (Peshawar High Court), the court dismissed a suit where the claimant failed to demonstrate a clear title or tenancy, reiterating that mere possession without a legal basis does not merit court protection.
What are the implications of land encroachments on public safety?
Land encroachments can lead to serious public safety concerns, such as obstructed roads, compromised water drainage systems, and hindered access to emergency services. Authorities have a duty to ensure the removal of such encroachments to protect the public, as discussed in 2023 PLD 98 (Quetta High Court). Encroachers can face penalties and mandatory orders to restore the affected area.
How can a property owner prevent future encroachments?
Property owners can prevent future encroachments by maintaining clear boundaries, installing fences, and ensuring regular inspections. They should also immediately address any illegal occupation by issuing legal notices and, if necessary, seeking an injunction from the court, as illustrated in 2020 MLD 1360 (Lahore High Court).
Is there any provision for the rehabilitation of individuals evicted due to encroachment removal?
Rehabilitation provisions may be available under specific government schemes, particularly for economically vulnerable groups. However, there is no automatic right to rehabilitation following eviction due to encroachment, as seen in 2023 CLC 493 (Peshawar High Court). Each case is considered on its merits, and rehabilitation is often discretionary.
Can commercial establishments legally occupy parking spaces on public land?
No, commercial establishments are not permitted to occupy parking spaces designated for public use on public land. Such actions violate municipal regulations, and authorities can impose fines, revoke licenses, and order the removal of such encroachments, as noted in 2022 CLC 556 (Karachi High Court).
What are the defences available to an individual accused of encroachment?
Defences may include proving lawful ownership or tenancy, demonstrating that the alleged encroachment is within permissible boundaries, or establishing that the structure existed prior to changes in zoning laws. The burden of proof lies on the individual to justify their occupation, as reinforced in 2021 YLR 1668 (Karachi High Court).
Can a previous owner’s actions affect the current owner’s liability for encroachment?
Yes, if encroachments were made by a previous owner, the current owner may still be held liable unless they rectify the encroachment. Courts can order the current owner to remove illegal structures or face penalties, as highlighted in 2023 PLD 98 (Quetta High Court).
How does the court view delays in filing suits concerning encroachment disputes?
The court scrutinises the reasons for delays in filing suits concerning encroachments. Unreasonable delays may lead to the dismissal of the suit unless the plaintiff can show that the delay was justified and did not prejudice the defendant, as observed in 2023 CLC 1839 (Peshawar High Court).
Can illegal encroachments be transferred to another party through sale?
The sale or transfer of property that includes illegal encroachments is not legally enforceable. Any sale agreement must adhere to legal property boundaries, and the encroachment issue must be resolved before a valid transfer can occur, as seen in 2022 YLR 332 (Karachi High Court).
What is the role of cadastral surveys in resolving encroachment disputes?
Cadastral surveys play a crucial role in accurately identifying property boundaries, helping to resolve disputes by providing precise measurements. Courts often rely on these surveys to determine encroachment issues, as evidenced in 2020 MLD 1360 (Lahore High Court).
Can a temporary restraining order be issued to prevent the removal of alleged encroachments?
Yes, courts can issue temporary restraining orders to prevent the removal of structures while the matter is sub judice, provided the applicant demonstrates a prima facie case, irreparable loss, and balance of convenience, as noted in 2021 CLC 1066 (Peshawar High Court).
Is there a legal obligation for authorities to conduct hearings before demolishing structures deemed as encroachments?
Authorities are legally obliged to conduct hearings and provide due notice before demolishing structures to ensure fairness and compliance with natural justice principles. Failure to do so can render the action illegal, as seen in 2023 YLR 1079 (Karachi High Court).
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