Prevention of encroachment on common land

Prevention of encroachment on common land.--

1. (1) When land which has been reserved for the common purposes of the co-shares therein has been encroached on by any co-sharer, a Revenue officer not below the rank of an Assistant Collector of the first class or the officer incharge of the Settlement or an Assistant Collector of the first class subordinate to him may, on the application of any other co-sharer, eject the encroaching co-sharer from the land, and, by order duly proclaimed, forbid repetition of the encroachment.
2. (2) Prevention of encroachments on or cultivation of common land, or land reserved for public purposes or of which cultivation has been prohibited or is objectionable, or by person not entitled to bring it under cultivation.--
   • (a) When land which has been reserved for grazing ground or any other public purpose, or of which the cultivation has been prohibited by a Revenue officer duly empowered in that behalf, has been encroached upon or brought under cultivation, or
   • (b) when land has been brought under cultivation by any person not entitled under any law or rules having the force of law to bring it under cultivation, or
   • (c) when any person, without due authority, has taken possession of land belonging to the Government, a Revenue officer empowered in this behalf by the Government of his own motion or on the application of any person interested, may eject the person so encroaching upon or cultivating such land and take possession of such land without paying any compensation for crops or improvements, and may also, by order duly proclaimed, forbid repetition of the encroachment : Provided that where on any land mentioned in clause (a) any structure stands raised, the person encroaching upon the land shall be ejected therefrom forth-with leaving an area of 10 marlas under and adjacent to the structure in respect of which the owner thereof shall be given a notice in writing affording him an opportunity to--
3. (1) dismantle the structure standing on such land and to remove the material from the site ; or
4. (2) Offer suitable equivalent area in exchange from out of his proprietary land or from out of the land which he may acquire or purchase for the purpose, within a period of one month from the date of issue of the notice failing which the Revenue officer aforementioned may eject the owner or occupier of the structure and may dismantle or cause to be dismantled the structure and remove or cause to be removed the material from the site and in doing so the Revenue officer may use such force, as may be necessary. The person so ejected shall be liable under the order of a Revenue officer not below the rank of a Collector or officer in charge of the Settlement or an Assistant Collector of the first class subordinate to him, to a fine not exceeding Rs. 150 in addition to revenue payable on the land for the period of possession reckoned at village revenue rates.
5. (3) When land has been brought under cultivation by a person entitled under the rules or orders in force to bring it under cultivation, but a Revenue officer not below the rank of Tehsildar in any enquiry made under section 24 of this Act finds that, for reasons to be recorded by him, the cultivation of such land should be prohibited, he may eject the person cultivating it, and may, by order duly proclaimed, forbid its further cultivation.
6. (4) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the dismantling of any structure or removal of any material from the site under this section.
7. (5) The proceedings of the Revenue officer under the foregoing sub-sections shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction.