CrPC Section 145 – Procedure Where Dispute Concerning Land

Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) is an important provision in the Indian regulatory framework that has been designed to resolve conflicts concerning immovable property that have the likelihood of disrupting public peace and order. It grants the power to the Executive Magistrate to intervene in matters where there is a potential of a disruption of peace owing to conflicting claims over possession of water or land. The primary objective of this provision is preventive over punitive.

Legal Provision Of CrPC Section-145

Section 145: Procedure where dispute concerning land or water is likely to cause breach of peace.

1. Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
2. For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land and the rents or profits of any such property.
3. A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.
4. The Magistrate shall then, without reference of the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute :

Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of this order under sub-section (1).

5. Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.

6 (a)If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.

6 (b)The order made under this sub-section shall be served and published in the manner laid down in sub-section (3).

7. When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.

8. If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.

9. The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.

10. Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107.

Simplified Explanation Of CrPC Section-145

Let's break down Section 145 of the Code in simpler words:

Action Of The Magistrate

When it comes to the knowledge of the Magistrate that a land conflict has the potential to turn violent, they can commence proceedings by the virtue of this section.

Notice To Both Parties

The Magistrate notifies all individuals involved by sending them a notice. He asks them to provide an explanation for this end and produce proof of who currently controlled the property.

Decision On Possession

The Magistrate assesses the evidence supplied by everyone to finalize who was actually in the possession of the property prior to the beginning of the conflict. The Magistrate directs that person to retain the possession for a limited period.

Attachment Of Property

If the Magistrate finds it challenging to determine the person who was actually in the possession of the property or the situation seems to be risky, they may seize the property for a specified period. This stops parties on either ends from acquiring control until a proper court decides the matter.

Key Components Of CrPC Section-145

The key components of Section 145 of the Code in India are as follows:

Preventive Action For Disputes Involving Property

Whenever there is a conflict associated with the possession of immovable property such as land or water and such conflict has the likelihood to disturb peace and order, this section can be invoked.

This section has been designed with the purpose of stopping disturbances or violence by permitting speedy legal intervention.

Role Of the Executive Magistrate

An Executive Magistrate has been granted powers by the virtue of this Section to commence proceedings it comes to their knowledge that a potential breach of peace could occur owing to a property dispute.

It is the role of the Magistrate to preserve peace and order for a specified period until the proper resolution of dispute takes place by the civil court.

Issuance Of Notice

The Magistrate has to send a written notice to all individuals concerned with the dispute. The object of sending notice is to make them appear before the Magistrate and submit their claim and produce proof to establish possession of the disputed immovable property.

Inquiry Into Possession

The Magistrate is obligated to conduct an inquiry on the basis of the proof and written statements of all individuals connected with the dispute.

The aim is to identify the person who is in actual possession of the property in dispute either on the date of the order or in the period of two months preceding the dispute.

Decision On Temporary Possession

If the Magistrate is successful in determining the actual possessor of the property, they pass an order mentioning that the concerned person is permitted to keep the possession until the proper civil court decides in contrary.

The order is given with the object to maintain the peace and order by preventing the likelihood of any potential conflict.

Attachment Of Property

If the Magistrate finds it difficult to determine the actual possessor of the property or there seems to be a risky situation that the dispute may escalate, they may seize or attach the property.

It means that the Magistrate will take control of the property in dispute unless a consensus is reached, ensuring that no particular individual or party takes the possession and the situation remains conflict-free.

Temporary And Preventive Measure

This provision is not a permanent but a temporary measure. It is done with the objective of maintaining peace and order. It does not in any manner settle the ownership or title dispute since this falls in the jurisdiction of the civil courts.

The purpose of the section is to curb imminent violence or disturbance while the civil court settles the legal dispute of actual ownership.

Judicial Interpretations Of CrPC Section 145

R.H. Bhutani vs. Miss Mani J. Desai & Ors (1968)

In this case, the issue concerned a disagreement over who owned a Bombay office cabin. The main focus of the case was how to apply Section 145 of the Code of Criminal Procedure, which addresses property disputes that have the potential to disrupt public order. Even though the appellant had been forced out of the cabin, the court determined that the Magistrate was within the authority under Section 145 to issue a preliminary order. The court ruled that a police report is not necessary in order for the Magistrate to act under Section 145, and that the removal of a party does not always mean that there is no dispute that could result in a breach of peace. The Magistrate's order restoring the appellant's possession was ultimately upheld by the Supreme Court, which reversed the High Court's ruling.

Bhinka And Others vs. Charan Singh (1959)

The dispute in question was regarding the ownership of specific lands located in Uttar Pradesh. The appellants maintained they were hereditary tenants, but the respondent, a Zamindar, asserted the lands were his "Sir" estates. Whether the appellants' ownership of the land, as granted by a Magistrate's order under Section 145 of the Code of Criminal Procedure, constituted legitimate possession in accordance with the U.P. Tenancy Act was at the heart of the dispute. In the end, the Court decided that the appellants' claim to possession was invalid under the Tenancy Act since the Magistrate's decision only established the actual possession on a specific day and did not transfer ownership. The appellants' objections about procedural difficulties and the applicability of the Zamindari Abolition and Land Reforms Rules were also rejected by the court, which came to the conclusion that the suits were maintainable in a Revenue Court.

Rajpati vs. Bachan & Anr (1980)

The case discusses land conflict. The Indian Supreme Court decided that, provided the preliminary order shows that a breach of the peace is likely to happen, a magistrate's final decision in a Section 145 case does not have to expressly declare that a breach of the peace has occurred. This decision made it clear that the High Court cannot assess whether the evidence the Magistrate used to establish the existence of a breach of peace was sufficient, and that the Magistrate's satisfaction with this matter is only required at the outset. The Court further concluded that any omission in the final decision, even if it is deemed to be an error, is a correctable irregularity and does not render the order voidable unless it can be shown that a party suffered harm.

Practical Implications Of CrPC Section-145

Immediate Intervention

This provision allows the Executive Magistrate to resolve the property disputes with quick legal intervention. However, the Magistrate can intervene only when there seems to be a potential breach of peace and order.

Maintenance Of Status Quo

Section 145 of the Code is useful when it comes to maintaining the current possession of the property. This happens until the proper court decides the case. This helps in preventing involved individuals from taking any unilateral action.

Attachment Orders

When the possession of the property remains ambiguous, Magistrate can take control of the property by issuing attachment orders. This is done to ensure that neither party can take possessions and disrupt the peace.

Deterrence Of Violence

This provision encourages involved persons to avoid brute force or tactics for taking the control of the possession of an immovable property and seek legal recourse for a peaceful resolution of the ensuing conflict.

Expedited Resolution

Section 145 of the code offers speedy resolution of the dispute before it escalates any further, without turning the dispute into a lengthy civil proceeding.

Support For Law Enforcement

This provision proves crucial in maintaining peace and order effectively by allowing law enforcement authorities to intervene when they sense a potential conflict over an immovable property.

Conclusion

Section 145 of the Code is an important provision of the criminal justice system that helps in maintaining public peace and averting violence that could result from conflict over immovable property. When such disputes pose a threat to order, it offers the Executive Magistrate a legal basis for prompt and temporary action. In order to preserve the status quo and prevent disagreements from getting worse while the case is pending before a civil court, this law places more emphasis on possession than ownership. Overall, this provision proves crucial in preventing violence or disturbances and preserving harmony among all the concerned individuals.