Under Section 3 (2) of the Illegal Settlement Act 2005, the trial court dismissed the complaint on the ground that the accused was neither a member of the occupation group nor the land mafia and the dispute was of a civil nature. Both sides supported their case, saying that they were seizing property in their own rights after buying the same item from different owners on different dates. The defendant / respondent had purchased the land in dispute after the applicant's complainant and, therefore, had a preliminary case against the complainant regarding a legal complaint that included such report in support of the complainant as well as the police report Even by the trial court, the case under the Unlawful Settlement Act, 2005 was sufficient to look into the matter. Illegal settlement of a legal owner or occupier will fall under the Yellow Settlement Act of 2005, except in cases pending before another forum. Effective orders to dismiss a complaint at the time of the enactment of the said Act, therefore, keeping the illegality aside, the complaint was referred to the trial court for disposal.
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