Power to evict persons from premises/land of Authority or building constructed

The Haryana Urban Development Authority Act, 1977

Infrastructure1977111 of 112 sections available7 chapters

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Chapter IV POWER TO EVICT PERSONS FROM PREMISES OF THE AUTHORITY

Statutory text

(1) If the Collector or any officer authorized by him is satisfied—
- (a) that any person authorized to occupy any premises of the Authority has—
  - (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months; or
  - (ii) sublet, without the permission of the Estate Officer, the whole or any part of such premises; or
  - (iii) otherwise acted in contravention of any of the terms expressed or implied, under which he is authorized to occupy such premises; or
- (b) that any person is in unauthorized occupation of any land of the Authority or building constructed thereon, the Collector or any officer authorized by him may, notwithstanding anything contained in any law for the time being in force, by notice served by post and if a person avoids service, or is not available for service of notice, or refuses to accept notice, then by affixing a copy of it on the outer door or some other conspicuous part of such premises/land or building or in such other manner as may be prescribed, call upon any person, who has committed a breach of the provisions of this Act or the rules framed thereunder, to vacate the said premises/land or building constructed thereon or demolish unauthorized construction and to appear and show cause why he should not be ordered to restore to its original state or to bring it in conformity with the provisions of this Act or the rules framed thereunder, as the case may be, and if such person fails to show cause to the satisfaction of the Collector or any officer authorized by him within a period of seven days the Collector or any officer authorized by him shall pass an order requiring him to vacate such premises/land or building constructed thereon or demolish unauthorized construction and restore to its original state or to bring it in conformity with the provisions of this Act or the rules framed thereunder, as the case may be, within a further period of seven days.
(2) If the order made under clause
- (a) or clause
- (b) of sub-section
(1) is not carried out within a specified period, the Collector or any officer authorized by him at the expiry of the period of this order, shall evict that person from, and take possession of, the premises/land or building constructed thereon and shall for that purpose use such force as may be necessary and the cost incurred on such measures shall, if not paid on demand, being made to him, be recoverable from such person as arrears of land revenue.
(3) Even before the expiry of the period of seven days mentioned under sub-section (1), if the Collector or such officer authorized by him is satisfied that instead of vacation of premises/land or building constructed thereon or demolition of unauthorized construction, as the case may be, the person continues with the contravention, the Collector shall himself or any officer authorized by him take such measures as may appear necessary to give effect to the order and the cost of such measures shall, if not paid on demand, being made to him, be recoverable from such person as arrears of land revenue.
(4) If a person, who has been ordered to vacate any premises under sub-clause
- (i) or sub-clause
- (iii) of clause
- (a) of sub-section (1), within a period of seven days of the date of service of the notice, pays to the Estate Officer the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the Collector or any officer authorized by him, as the case may be, the Collector or any officer authorized by him shall cancel his order made under sub-section
(1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served upon him.

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