State Act

Code of Comunidades of 1961

Art. 371–114[Summary eviction of a person unauthorisedly occupying land vesting in Comunidades.- (1) If in the opinion of the Director of Civil Administration, any person is unauthorisedly occupying or wrongfully in possession of any land. (a) vesting in the Comunidade ; or (b) to the use or occupation of which he is not entitled or has ceased to be entitled by reason of (i) any of the provisions of this Code, or, (ii) the expiry of the period of lease or termination of lease for breach of any of the conditions annexed to the tenure, it shall be lawful for the Director of Civil Administration to summarily evict such person in the manner provided in clause (2). (1) The Director of Civil Administration shall serve a notice on such person requiring him within such time as may appear reasonable after receipt of the said notice to vacate the land and if such notice is not obeyed, the Director of Civil Administration may remove him from such land. (2) A person unauthorisedly occupying or wrongfully in possession of land after he has ceased to be entitled to continue the use, occupation or possession by virtue of any of the reasons specified in clause (1), shall also be liable at the discretion of the Director of Civil Administration to pay a penalty not exceeding two time the assessment or rent for the land for the period of such unauthorized use or occupation. (3) The proceeds on account of the penalty imposed on the encroacher envisaged in clause (3) shall be credited to the coffer of the Comunidades.]