4Issue of notice to show cause against order of eviction
1 [(1) If the estate officer has information that any person is in unauthorised occupation of any public premises and that he should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing within seven working days from the date of receipt of the information regarding the unauthorised occupation calling upon the person concerned to show cause why an order of eviction should not be made.
(1A) If the estate officer knows or has reasons to believe that any person is in unauthorised occupation of the public premises, then, without prejudice to the provisions of sub-section (1), he shall forthwith issue a notice in writing calling upon the person concerned to show cause why an order of eviction should not be made.
(1B) Any delay in issuing a notice referred to in sub-sections (1) and (1A) shall not vitiate the proceedings under this Act.]
(2) The notice shall--
(a) specify the grounds on which the order of eviction is proposed to be made; and
2 [(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises,--
(i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not 3 [later than] seven days from the date of issue thereof, and
(ii) to appear before the estate officer on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired.]
(3) The estate officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned.
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1. Subs. by Act 2 of 2015, s. 3, for sub-section (1) (w.e.f. 22-6-215).
2. Subs. by Act 61 of 1980, s. 4, for clause (b) (w.e.f. 20-12-1980).
3. Subs. by Act 2 of 2015, s. 3, for "earlier than" (w.e.f. 22-6-2015).
4. Sub-section (4) omitted by Act 7 of 1994, s. 5 (w.e.f. 1-6-1994).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Appointment of estate officers
- 3A Eviction from temporary occupation
- 3B Eviction from residential accommodatio
- 4 Issue of notice to show cause against order of eviction
- 5 Eviction of unauthorised occupants
- 5A Power to remove unauthorised constructions, etc
- 5B Order of demolition of unauthorised construction
- 5C Power to seal unauthorised constructions
- 6 Disposal of property left on public premises by unauthorised occupants
- 7 Power to require payment of rent or damages in respect of public premises
- 8 Powers of estate officers
- 9 Appeals
- 10 Finality of orders
- 11 Offences and penalty
- 11A Offences under section 11 to be cognizable
- 12 Power to obtain information
- 13 Liability of heirs and legal representatives
- 14 Recovery of rent, etc., as an arrear of land revenue
- 15 Bar of jurisdiction
- 16 Protection of action taken in good faith
- 17 Delegation of powers
- 18 Power to make rules
- 19 Repeal
- 20 Validation