Attachment or forfeiture of properties

The Mizoram (Prevention of Public Land Encroachment) Act, 2026

General202621 sections

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Statutory text

(1) Where it is found that the illegal occupant of public land fails to comply with sub-section (1) and (2) of section 12 of this Act, the Deputy Commissioner or subject to his control, the Assistant Commissioner (Revenue), within his jurisdiction, may issue a notice upon such person calling upon him to show cause within a period of fifteen days, as to why an order of attachment shall not be made.
(2) The Deputy Commissioner or subject to his control, the Assistant Commissioner (Revenue), within his jurisdiction, after considering the explanation, if any, to the show cause notice issued under sub-section (1), and upon evaluating the material facts available, may pass an order of attachment or sale, in respect of properties standing on or within the limits of the public land or any other immovable property of the encroacher: Provided that, if such illegal occupant does not submit reply to the notice served under sub-section (1) within the stipulated time, the Deputy Commissioner or subject to his control, the Assistant Commissioner (Revenue), within his jurisdiction, may proceed to pass the order ex-parte.
(3) Where the Deputy Commissioner or under his control, the Assistant Commissioner (Revenue), within his jurisdiction, after due inquiry, is satisfied that any structure, obstruction, or property situated on public land is a result of illegal occupation, encroachment, or unauthorised use, and that such occupation has caused loss to any person, institution, or the Government, he may direct that the proceeds accrued from the illegal occupant be distributed to the person affected by such illegal occupation. However, after the expiry of sixty days, if there are no claimants to receive such proceeds or no claimant is ascertainable or there is any surplus after satisfying the claimants, such proceeds accrued from illegal occupant of public land shall stand forfeited to the State Government.

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