"Whether 'Gujarat Land Grabbing Act' Allowing Invoking Of 'PASA Act' Being Misused?": Gujarat HC Seeks State Govt. Response

The Gujarat High Court on Wednesday questioned the State Government as to whether the amendment in the Gujarat Land Grabbing (Prohibition) Act, allowing the invoking of the Prevention of Anti-social Activities Act (PASA) is being misused by the Executive.

The Bench of Justice Paresh Upadhyay noted in its order:

"This Court finds that a wider issue has cropped up, as to whether the object sought to be achieved by the government, with the introduction of this amendment, is achieved or is being misused by the executive. On this point, the response from the state government and the Home department is requested"

The Court was hearing a case in which a person was slapped with PASA provisions allegedly for not vacating a rented house after the landlord (Complainant) lodged an FIR against him and the person was termed as property grabber and was ordered to be detained (the order of detention has now been stayed by the Court).

The Court orally observed that it was not questioning the wisdom of the Government to bring an amendment to the Act and further remarked thus:

"I am not saying that what you (state government) are doing, this that. I am bound by that amendment in the law. I am sure that when the Law was amendment the Government must not have thought of these kinds of situations (invoking of the law in Landlord-tenant dispute)"

In this case, the complainant was living on the first floor and rented the ground floor to a lady and he objected to some people visiting the tenant and thereafter, he requested the lady to vacate the premises.

However, when this request was not accepted, the complainant got registered an FIR against 7 persons and the present petitioner (who used to visit the premises) under the Land Grabbing act.

The Court also observed that the small causes courts are replete with such cases involving disputes between landlords and tenants and that the practice of invoking PASA against tenants who are reluctant to vacate the premises would end all civil litigations and landlords would resort to the use of land grabbing laws.

With this, the Court listed the matter for further hearing on August 23.

Case title - Jagdishbhai Maheta v. State of Gujarat