Encroachment is a growing concern in Pakistan, posing significant challenges for both public and private property owners. It involves the illegal occupation or unauthorized use of land without the owner’s consent, often leading to disputes, financial losses, and broader socio-economic issues. Common forms of encroachment include unauthorized constructions, roadside stalls, boundary extensions, and illegal land use.
To combat this issue, Pakistan has implemented strict anti-encroachment laws, empowering local authorities to take action against violators. These laws safeguard property rights while outlining the legal consequences for offenders. This article explores Pakistan’s anti-encroachment legislation and its implications for the real estate sector.
What is Anti-Encroachment Law in Pakistan?
The Prevention and Removal of Encroachments Model Bye-Laws, 2018 serves as the primary legal framework against land encroachment. Enacted under the Local Government Act, 2013, these laws apply to all municipal and district authorities, including union councils, town committees, and municipal corporations.
Key Provisions of the Law
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Definition of Encroachment
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Any unauthorized occupation (temporary or permanent) of public or private property, including roads, streets, parks, graveyards, or drains.
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Prohibition & Penalties
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Encroachers face up to six months imprisonment, a fine of Rs. 50,000, or both.
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Authorities can demolish illegal structures and recover removal costs from violators.
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Roles of Local Authorities
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Union Council Chairmen must report encroachments to municipal officers.
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Community mobilization is encouraged to prevent illegal occupation.
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Legal Process for Removal of Encroachments
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Clause 3: Strictly prohibits encroachments on public spaces.
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Clause 4: Mandates Union Council representatives to monitor and report violations.
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Clause 6: Authorizes local governments to remove encroachments after issuing notices (Forms I & II) and using necessary force if required.
If falsely accused, individuals have seven days to appeal before the relevant municipal authority. Failure to resolve disputes may lead to court intervention.
Impact on Pakistan’s Real Estate Sector
For Property Buyers
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Due diligence is crucial—verify land ownership and check for any encroachment disputes.
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Avoid properties with pending anti-encroachment notices.
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Consult legal experts before finalizing transactions.
For Property Sellers
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Ensure the property is free from illegal occupation.
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Obtain a No-Objection Certificate (NOC) before sale.
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Disclose any past or present encroachment issues to buyers.
Broader Implications
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Protects legitimate landowners from illegal occupation.
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Maintains urban planning integrity by reclaiming public spaces.
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Reduces legal disputes, ensuring smoother real estate transactions.
Conclusion
Encroachment remains a critical issue in Pakistan, but stringent laws provide a mechanism to combat illegal land occupation. Both buyers and sellers in the real estate market must stay informed about these regulations to avoid legal complications. By adhering to anti-encroachment laws, Pakistan can ensure fair property rights and sustainable urban development.
