Encroachment or obstruction upon the land

§4

Summary

(1) Whoever makes any encroachment on any land, not being private property, except steps over drain in any public street, shall, on conviction by a Court having jurisdiction, be punished with-simple imprisonment which shall not be less than one month but which may extend to one year and with fine which may extend to twenty thousand rupees: Provided that the court may, for any adequate or special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one month. (2) Whoever makes any obstruction upon any land not being private property, except steps over drain in any public street, shall on conviction by a court having jurisdiction, be punished with simple imprisonment which may extend to one month or with fine which may extend to two thousand rupees or with both. (3) The Corporation or any officer authorised by it in this behalf shall have power to remove any such obstruction or encroachment and the expenses of removal shall be recovered from the person who has caused the said obstruction or encroachment. (4) Whoever not being duly authorised in that behalf removes earth, sand or other material from any land shall be punished on conviction by a Court having jurisdiction, with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both. (5) Notwithstanding anything to the contrary contained in the foregoing provisions of this section, the Corporation or the officer authorised by it in this behalf shall, in addition to the action taken provided in this section, also have power to seize or attach any property found on the land referred to in this section or as the case may be, attached to such land or permanently fastened to anything attached to such land. (6) Where any property is seized or attached by an officer authorised by the Corporation, he shall immediately make a report of such seizure or attachment to such functionary of the Corporation as may be specified in the Land Disposal Rules or the rules made under this Act. (7) The functionary of the Corporation, as referred to in sub-section (6), may make such orders as he deems fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings, and, if the property is a subject to speedy and natural decay, or it is otherwise expedient so to do, such functionary may order it to be sold or otherwise disposed of. (8) Where any property is sold as under sub-section (7), the sale proceeds thereof, after deduction of the expenses of such sale and other incidental expenses, if any, relating thereto,shall- (a) Where no order of confiscation is passed; or (b) Where an order passed in appeal so requires, be paid to the lessee or occupier thereof or to the person from whom it is seized. (9) Where any property is seized or attached under sub-section (5), the functionary of the Corporation may order confiscation of such property. (10) No order for confiscating a property shall be made under sub-section (9) unless the lessee or occupier of such property or the person from whom it is seized or attached is given- (a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property; (b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and (c) a reasonable opportunity of being heard in the matter. (11) The order of confiscation under sub-section (9) shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act. (12) Any person aggrieved by an order made under sub-section (7) or subsection (9) may, within thirty days from the date of communication of such order to him, appeal against it to the District Judge of the District in which such property is seized or attached. (13) On such appeal being preferred, the District Judge may, after giving an opportunity to the appellant and the respondent to be heard, direct the order to be stayed where necessary pending disposal of the appeal, and either affirm, modify or annul the order of such confiscation and may make any such further orders as he may consider just. (14) Whenever any property is seized or attached, pending confiscation under this section, notwithstanding anything to the contrary contained in any other law for the time being in force,no civil court, tribunal or other authority shall have jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property. (15) Where any person is prosecuted of an offence under sub-section (1) or sub-section (2), the burden of proving that he has not committed the offence shall be on him. (16) Whoever, being an employee of the Corporation, specifically entrusted with the duty to stop or prevent the encroachment or obstruction punishable under this section, wilfully or knowingly neglects or deliberately omits to stop or prevents such encroachment or obstruction, shall, on conviction by a court having jurisdiction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both: Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the previous sanction of the Managing Director of the Corporation. (17) No investigation of an offence under this section shall be made by an officer below the rank of a Deputy Superintendent of Police.

(1) Whoever makes any encroachment on any land, not being private property, except steps over drain in any public street, shall, on conviction by a Court having jurisdiction, be punished with-simple imprisonment which shall not be less than one month but which may extend to one year and with fine which may extend to twenty thousand rupees: Provided that the court may, for any adequate or special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one month. (2) Whoever makes any obstruction upon any land not being private property, except steps over drain in any public street, shall on conviction by a court having jurisdiction, be punished with simple imprisonment which may extend to one month or with fine which may extend to two thousand rupees or with both. (3) The Corporation or any officer authorised by it in this behalf shall have power to remove any such obstruction or encroachment and the expenses of removal shall be recovered from the person who has caused the said obstruction or encroachment. (4) Whoever not being duly authorised in that behalf removes earth, sand or other material from any land shall be punished on conviction by a Court having jurisdiction, with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both. (5) Notwithstanding anything to the contrary contained in the foregoing provisions of this section, the Corporation or the officer authorised by it in this behalf shall, in addition to the action taken provided in this section, also have power to seize or attach any property found on the land referred to in this section or as the case may be, attached to such land or permanently fastened to anything attached to such land. (6) Where any property is seized or attached by an officer authorised by the Corporation, he shall immediately make a report of such seizure or attachment to such functionary of the Corporation as may be specified in the Land Disposal Rules or the rules made under this Act. (7) The functionary of the Corporation, as referred to in sub-section (6), may make such orders as he deems fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings, and, if the property is a subject to speedy and natural decay, or it is otherwise expedient so to do, such functionary may order it to be sold or otherwise disposed of. (8) Where any property is sold as under sub-section (7), the sale proceeds thereof, after deduction of the expenses of such sale and other incidental expenses, if any, relating thereto,shall- (a) Where no order of confiscation is passed; or (b) Where an order passed in appeal so requires, be paid to the lessee or occupier thereof or to the person from whom it is seized. (9) Where any property is seized or attached under sub-section (5), the functionary of the Corporation may order confiscation of such property. (10) No order for confiscating a property shall be made under sub-section (9) unless the lessee or occupier of such property or the person from whom it is seized or attached is given- (a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property; (b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and (c) a reasonable opportunity of being heard in the matter. (11) The order of confiscation under sub-section (9) shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act. (12) Any person aggrieved by an order made under sub-section (7) or subsection (9) may, within thirty days from the date of communication of such order to him, appeal against it to the District Judge of the District in which such property is seized or attached. (13) On such appeal being preferred, the District Judge may, after giving an opportunity to the appellant and the respondent to be heard, direct the order to be stayed where necessary pending disposal of the appeal, and either affirm, modify or annul the order of such confiscation and may make any such further orders as he may consider just. (14) Whenever any property is seized or attached, pending confiscation under this section, notwithstanding anything to the contrary contained in any other law for the time being in force,no civil court, tribunal or other authority shall have jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property. (15) Where any person is prosecuted of an offence under sub-section (1) or sub-section (2), the burden of proving that he has not committed the offence shall be on him. (16) Whoever, being an employee of the Corporation, specifically entrusted with the duty to stop or prevent the encroachment or obstruction punishable under this section, wilfully or knowingly neglects or deliberately omits to stop or prevents such encroachment or obstruction, shall, on conviction by a court having jurisdiction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both: Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the previous sanction of the Managing Director of the Corporation. (17) No investigation of an offence under this section shall be made by an officer below the rank of a Deputy Superintendent of Police.

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