All Sections

Powers of competent authority to evict.

§8C

Summary

(1) If the competent authority after holding such inquiry as he deems fit is satisfied- (a) that a Government allottee or any other person authorised or permitted to occupy or for the time being occupying any land or premises requisitioned or continued under requisition under this Act has, whether before or after the commencement of the Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1980 (Mah. XXXV of 1981),- (i) not paid the monthly compensation due from him in respect of such land or premises for a period of more than two months; (ii) sub-let, the whole or any part of such land or premises without the permission of the State Government or the competent authority; (iii) committed, or is committing any acts, which are in contravention of the terms and conditions, express or implied, under which he is authorised to occupy such land or premises; or (iv) been in unauthorised occupation of such land or premises; or (b) that any other person is in unauthorised occupation of such land or premises; or (c) that such land or premises are to be released from requisition. Then the competent authority may, notwithstanding anything contained in any law for the time being in force, by order in writing direct the person to whom such land or premises are allotted or the person who is authorised or permitted to occupy them or any other person for the time being in occupation of such land or premises to vacate the same, within one month of the date of the service of the order and to deliver possession thereof to the competent authority or any officer designated by him in this behalf. Such order shall be served on the persons concerned in the manner provided in section 13. (2) (a) Before an order under sub-section (1) is made against any person, the competent authority shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. (b) The notice shall- (i) specify the ground on which the order of eviction is proposed to be made. (ii) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim to be authorised to occupy, such land or premises, to show cause, if any, against the proposed order, on or before such date as may be specified in the notice. (iii) be served by registered post, or personally, by delivering or tendering the notice to him or to some adult member of his family or by affixing an authentic copy of the notice to some conspicuous part of the land or premises to which it pertains, and thereupon the notice shall be deemed to have been duly given to and served on all persons concerned. (3) Any written-statement submitted by any person and any documents produced by any person in pursuance of the notice shall be filed with the record of the case and such persons shall be entitled to appear before the competent authority in this connection by an advocate, attorney or pleader. (4) For the purposes of holding an inquiry for making any order under sub-section (1) the competent authority shall have the same powers as are conferred on the authorised officer under section 10.

(1) If the competent authority after holding such inquiry as he deems fit is satisfied- (a) that a Government allottee or any other person authorised or permitted to occupy or for the time being occupying any land or premises requisitioned or continued under requisition under this Act has, whether before or after the commencement of the Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1980 (Mah. XXXV of 1981),- (i) not paid the monthly compensation due from him in respect of such land or premises for a period of more than two months; (ii) sub-let, the whole or any part of such land or premises without the permission of the State Government or the competent authority; (iii) committed, or is committing any acts, which are in contravention of the terms and conditions, express or implied, under which he is authorised to occupy such land or premises; or (iv) been in unauthorised occupation of such land or premises; or (b) that any other person is in unauthorised occupation of such land or premises; or (c) that such land or premises are to be released from requisition. Then the competent authority may, notwithstanding anything contained in any law for the time being in force, by order in writing direct the person to whom such land or premises are allotted or the person who is authorised or permitted to occupy them or any other person for the time being in occupation of such land or premises to vacate the same, within one month of the date of the service of the order and to deliver possession thereof to the competent authority or any officer designated by him in this behalf. Such order shall be served on the persons concerned in the manner provided in section 13. (2) (a) Before an order under sub-section (1) is made against any person, the competent authority shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. (b) The notice shall- (i) specify the ground on which the order of eviction is proposed to be made. (ii) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim to be authorised to occupy, such land or premises, to show cause, if any, against the proposed order, on or before such date as may be specified in the notice. (iii) be served by registered post, or personally, by delivering or tendering the notice to him or to some adult member of his family or by affixing an authentic copy of the notice to some conspicuous part of the land or premises to which it pertains, and thereupon the notice shall be deemed to have been duly given to and served on all persons concerned. (3) Any written-statement submitted by any person and any documents produced by any person in pursuance of the notice shall be filed with the record of the case and such persons shall be entitled to appear before the competent authority in this connection by an advocate, attorney or pleader. (4) For the purposes of holding an inquiry for making any order under sub-section (1) the competent authority shall have the same powers as are conferred on the authorised officer under section 10.

← Previous Section Next Section →

Explore this Chapter