The Rehabilitation of Displaced Persons and Eviction of Persons
in Unauthorised Occupation of Land Act 1951
(Section 3)
in Unauthorised Occupation of Land Act 1951
(Section 3)
(2) Competent Authority means a judicial officer not below the rank of a District Judge appointed by the State Government in consultation with the High Court by notification in the Official Gazette, to perform the functions of a Competent Authority under this Act for such area as may be specified in the notification:
(3)land means immovable property:
(4)in relation to any land means a person(other than a tenant-at-will or a- monthly tenant) who is entitled to the use or occupation of such land or to receive rent in respect of or derive other pecuniary benefits from such land and includes Government and any local authority:
Explanation. person in unauthorised occupation of any land shall not be deemed to be an owner in relation in such land.
(5)prescribed means prescribed by rules made under this Act;
(6)unauthorised occupation used in relation to any land means the use or occupation of any land or part thereof without being authorised in writing by the owner.
(3)land means immovable property:
(4)in relation to any land means a person(other than a tenant-at-will or a- monthly tenant) who is entitled to the use or occupation of such land or to receive rent in respect of or derive other pecuniary benefits from such land and includes Government and any local authority:
Explanation. person in unauthorised occupation of any land shall not be deemed to be an owner in relation in such land.
(5)prescribed means prescribed by rules made under this Act;
(6)unauthorised occupation used in relation to any land means the use or occupation of any land or part thereof without being authorised in writing by the owner.
Eviction of
persons in
unauthorised
occupation
persons in
unauthorised
occupation
3. (1) An owner of any land may make an application in the
prescribed manner to the Competent Authority for the eviction of
persons in unauthorised occupation of the land:
Provided that no such application shall be entertained by the Competent Authority if the unauthorised occupation commenced before the 1st day of October. 1946.
(2) On receipt of such application the Competent Authority shall make such enquiry as it thinks fit,and shall, by notice served in the prescribed manner on every person who appears to it upon such enquiry to be in unauthorised occupation of the land, require him to show cause within thirty days of the service of the notice why he should not vacate the land and pay to the owner compensation for unauthorised occupation.
(3) The Competent Authority may, if no cause is shown or if any cause or causes is or are shown, then after considering such cause or causes, by order direct every person in respect of whom it is satisfied that he is in unauthorised occupation of the land to vacate the land within such time, not being less than thirty days from the date of the order as it may fix and to pay to the owner such compensation on account of the unauthorised occupation as it may deem fit to assess keeping in view the letting value of the land as well as the actual pecuniary loss, if any. sustained by the owner:
Provided that if in the case of an application which the Competent Authority can entertain it is of opinion after enquiry made under sub-section (2) that the case should be tried by a civil court, it shall not proceed further with the application and shall refer the parties to a civil court
prescribed manner to the Competent Authority for the eviction of
persons in unauthorised occupation of the land:
Provided that no such application shall be entertained by the Competent Authority if the unauthorised occupation commenced before the 1st day of October. 1946.
(2) On receipt of such application the Competent Authority shall make such enquiry as it thinks fit,and shall, by notice served in the prescribed manner on every person who appears to it upon such enquiry to be in unauthorised occupation of the land, require him to show cause within thirty days of the service of the notice why he should not vacate the land and pay to the owner compensation for unauthorised occupation.
(3) The Competent Authority may, if no cause is shown or if any cause or causes is or are shown, then after considering such cause or causes, by order direct every person in respect of whom it is satisfied that he is in unauthorised occupation of the land to vacate the land within such time, not being less than thirty days from the date of the order as it may fix and to pay to the owner such compensation on account of the unauthorised occupation as it may deem fit to assess keeping in view the letting value of the land as well as the actual pecuniary loss, if any. sustained by the owner:
Provided that if in the case of an application which the Competent Authority can entertain it is of opinion after enquiry made under sub-section (2) that the case should be tried by a civil court, it shall not proceed further with the application and shall refer the parties to a civil court
