Our Superior Land Grab Law: From Government to Hc | Ahmedabad News

Ahmedabad: The state government defended its 2020 Gujarat land grabbing (ban) law on Monday, with the attorney general submitting to the Gujarat high court that the law is far superior to anti-grabbing laws lands adopted by other states.
The Chief Justice continued to ask relevant questions about the provisions of the law. Land grabbing laws are being challenged as nearly 175 petitions have been filed claiming that several provisions are in violation of the Constitution and that these parts of the law should be removed.
As it was the state government’s turn to defend itself, Advocate General Kamal Trivedi argued that some argue that the act is devoid of guidelines, “but I will cite judgments to show that my act in Gujarat is far superior to one that has legislation banning the subject matter clause and there was no guideline. We have the purpose and the reason. We have as a preamble, sections 2D and 2E defining land grabbing.
There is a special tribunal and a special procedure provided for. He insisted that all guidelines are available in the law and the rules are also consistent with the law.
The government’s legal adviser attempted to justify the establishment of a committee by tax officials to examine complaints and asserted that the government had jurisdiction to form the committee. He clarified that the action of the committee, if it is found to be contrary to the constitutional provisions, is likely to be challenged.
He also argued that the committee is a filter that protects the landowner from direct intervention by cops and serves as a preliminary investigation by tax officials.
Chief Justice Aravind Kumar asked if the committee could make a decision on a land dispute even after three courts – the Magistrate’s Court, the High Court and the Supreme Court – passed decrees against the plaintiff’s claims. The chief justice also questioned the state government enactment that covers private land disputes. He said: “Your apprehension is to avoid land grabbing, to prevent it and to ban it. You take care of your (government) land, why do you care about private land? “
The judges also warn of a situation in which land grab complaints would be inundated, “your officer will wait. As soon as the decree is issued, they will rush on it. There will be thousands and thousands of cases.
The court also asked whether the IPC and the CrPC have provisions that address the issue of land grabbing or criminal trespassing on private land. The GA responded by citing Article 441 of the IPC.
The court also raised concerns about the fate of the alleged land grabbers after the committee suggested to FIR: “The committee is doing damage. By the time the special court decides (the case) in six months or a year, the person is prosecuted and the indictment prevents them from standing for election. What happens?”
The HC will hear more of the case on Tuesday.