Vidhi Codex

section 75

Removal of encroachments and recovery of expenses

The Guwahati Satellite City Development Authority Act, 2026
General202690 sections
Read full ActSections
Statutory text
  1. (1) The Authority shall have the power to remove obstructions and encroachments upon public streets and open spaces situated within notified Satellite City Development Areas and upon properties vesting in the Government or the Authority and the expenses of such removal shall be paid by the person who had caused the said obstruction or encroachment in such manner as may be prescribed.
  2. (2) Notwithstanding anything contained in the foregoing provisions, the Authority or the officer authorised by it in this behalf shall, in addition to the action taken as provided in this section, also have power to seize or attach any property found on the land or space referred to in this section or, as the case may be, attached to such land or space or permanently fastened to anything attached to such land or space.
  3. (3) Where any property is seized or attached by an officer authorised by the Authority, he shall immediately make a report of such seizure or attachment to the Authority.
  4. (4) The Authority may make such orders as it thinks fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings, and if the property is subject to speedy and natural decay, or it is otherwise expedient to do so, the Authority may order it to be sold or otherwise disposed of in such manner as may be prescribed by rules and/or regulations made in this behalf.
  5. (5) Where any property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of any such sale or other incidental expenses relating thereto, shall,—
    • (a) where no order of confiscation is ultimately passed by the Authority; or
    • (b) where an order passed in appeal so requires, be paid to the owner thereof or the person from whom it is seized.
  6. (6) Where any property is seized or attached under sub-section (2), the Authority may order confiscation of such property.
  7. (7) No order for confiscation of a property shall be made under sub-section (6), unless the owner 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.
  8. (8) The order of any confiscation under this section shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.
  9. (9) Whenever any property is seized or attached pending confiscation under this section, the Authority or the Appellate Authority constituted under this Act shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, other tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property.

Study data processing for this section.

PDF: pending for this language.