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(1) Where any
persons have been evicted from any public premises under section 5 1
[or where any building or other
work has been demolished under section 5B], the estate officer may, after giving fourteen days notice to
the persons from whom possession of the public premises has been taken and after publishing the notice
in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of
by public auction any property remaining on such premises.
1
[(1A) Where any goods, materials, cattle or other animal have been removed from any public
premises under section 5A, the estate officer may, after giving fourteen days' notice to the persons owning
such goods, materials, cattle or other animal and after publishing the notice in at least one newspaper
having circulation in the locality, dispose of, by public auction, such goods, materials, cattle or other
animal.
(1B) Notwithstanding anything contained in sub-section (1) and (1A), the giving or publication of any
notice referred to therein shall not be necessary in respect of any property which is subject to speedy and
natural decay, and the estate officer may, after recording such evidence as he may think fit, cause such
property to be sold or otherwise disposed of in such manner as he may think fit.]
(2) Where any property is sold under sub-section (1), the sale proceeds thereof shall, after deducting
the expenses of the sale and the amount, if any, due to the Central Government or the 2
[statutory authority] on account of arrears of rent or damages or costs, be paid to such person or persons as may
appear to the estate officer to be entitled to the same:
Provided that where the estate officer is unable to decide as to the person or persons to whom the
balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the
civil court of competent jurisdiction and the decision of the court thereon shall be final.
1
[(2A) The expression "costs", referred to in sub-section (2), shall include the cost of removal
recoverable under section 5A and the cost of demolition recoverable under section 5B.]
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1. Ins. by Act 61 of 1980, s. 7 (w.e.f. 20-12-1980).
2. Subs. by s. 2, bid., for "corporate authority" (w.e.f. 20-12-1980).