Eviction of unauthorised occupants

Eviction of unauthorised occupants –

1. (1) If the competent authority is of the opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the competent authority shall issue a notice in writing calling upon all persons concerned to show cause on the specified date why an order of eviction should not be made.
2. (2) The notice issued under sub-section
3. (1) shall –
   • (a) specify the grounds on which the order of eviction is proposed to be made; and
   • (b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises –
     • (i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof; and
     • (ii) to produce on the date specified all evidence in support of the cause to be shown.
4. (3) The competent authority shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and it shall also be published in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly served on all persons concerned.
5. (4) Where the competent authority knows or has reasons to believe that any persons are in occupation of the public premises then, without prejudice to the provisions of sub-section (3), it shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.
6. (5) If, after considering the cause, if any, shown and any evidence that may be produced and after giving the person concerned a reasonable opportunity of being heard, regarding the alleged unauthorised occupation of the public premises, the competent authority is satisfied that the public premises are in unauthorised occupation, the competent authority may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises.
7. (6) The competent authority may, on an application made by the person against whom an order is passed under sub-section (5), grant such time for vacating the premises as it deems fit subject to such conditions as it may deem fit to impose.
8. (7) If any person refuses or fails to comply with the order of eviction –
   • (i) before the date specified in sub-section (5); or
   • (ii) where time is granted under sub-section
9. (6) within the time as granted; the competent authority or any other officer duly authorised by the competent authority in this behalf may evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary.