Land rights
Querist :
Anonymous
(Querist) 05 September 2024
This query is : Resolved
Priya Mehta, a 38-year-old real estate developer from Mumbai, has been in the business for over 15 years. A few years ago, she was accused of illegally taking over government land and selling it to private buyers for a big profit. The land was supposed to be used for a public housing project, but Priya’s company allegedly falsified documents to make it seem privately owned. As a result, the government filed a case against her under old laws, accusing her of land grabbing and fraud. Priya denies the accusations, saying she bought the land legally and that the issue is due to poor government records. Since the case began, her business has suffered, and she’s lost investors due to the negative publicity. The prosecution argues that Priya’s actions were serious, as the land was meant for public use. Can Priya’s case be reclassified under the new Bhartiya Nyaya Sanhita (BNS) and resolved through a BNSS mediation process? The prosecution insists she should be punished under the old laws, without the benefits of mediation. Should Priya be allowed to settle her case through mediation, or should she face the full force of the traditional trial process?
T. Kalaiselvan, Advocate
(Expert) 05 September 2024
Since the case has been registered under the old laws, the case will continue under the original law by which it was filed and it will be disposed by the provisions of the previous law alone and the new law cannot be invoked in this situation for any reason.
If the prosecution side is not willing for mediation then she has to undergo trial as per procedures of law.
