In Absence Of Specific Guideline Or Definition Of Land Grabbing Cases Powers Can Be Abused Being Arbitrary: SC Upholds HC’s Order

New Delhi : The Supreme Court has upheld the order of the High Court saying that it was rightly held and observed that in the absence of any specific guideline and/or definition of “land grabbing cases,” the powers can be abused or misused and the same are said to be exercised arbitrarily.

The two-Judge Bench of Justice M.R. Shah and Justice B.V. Nagarathna observed,

The Bench said that there is no need for any interference by the Apex Court in such a matter and the judgment of the High Court.

In this case, the Madras High Court had allowed the pleas and quashed the Government Orders directing the transfer of the case from the Special Judicial Magistrate, Land Grabbing, Erode to the Judicial Magistrate-II, Erode. The State of Tamil Nadu had sanctioned the formation of 36 Anti Land Grabbing Special Cells with one cell each at the State Police Headquarters, 7 Commissionerates, and 28 Districts to deal with the Land Grabbing Cases in the State.

The land-grabbing cases were ordered to be transferred to the Special Courts which were constituted exclusively to deal with the said cases. Hence, such government orders were the subject matter of the writ petitions before the High Court.

The Court further noted that even a dispute between two private persons which may be under the Specific Relief Act and/or Transfer of Property Act may be considered a land-grabbing case.