Reply to a Query [Verdict on the construction over usurped lands and its legal consequences (in reply to the query of Sayyid Murtada Pasandideh)]

[In His Most Exalted Name

His Eminence Grand Ayatullah Imam Khomeini- may Allah bless the Muslims throughout his noble presence:

In case a piece of land has been usurped from its rightful owner and a shop and building have been constructed upon it by the usurper, and in case the rightful owner appeals to the judge for a verdict for the demolishment of the said constructions, requesting that the land be restored to its original condition, is it obligatory on the judge to issue an order for the demolishment and the return of the land in its original state to the rightful owner at the expense of the usurper? Moreover, is the usurper obliged to pay rent for the period of usurpation? A hand-written verdict on this issue is kindly requested.

In His Most Exalted Name

Based on the above-mentioned situation, it is the judge's obligation as per the Shari`ah, to issue an order for the evacuation of the land and for it to be restored to its rightful owner in its original condition. The executive officers are obliged to ensure that the usurper either returns the land in its original condition to the rightful owner or that he returns the land along with the expenses that will need to be incurred for the said restoration. Moreover, they are also obliged to ensure that the usurper pays rent to the rightful owner for the period during which the land has been usurped.

Rouhullah al-Mousawi al-Khomeini