State Act

Code of Comunidades of 1961

116[372-A. Regularisation of unauthorised occupation, wrongful possession, etc.— (1) Notwithstanding anything contained, elsewhere in this Code, or any other law for the time being in force, or in any instrument, judgement, decree or order of any court or law, any person who is in unauthorised occupation of, or in wrongful possession of, or who has encroached upon, in or over, any land:- a) vested in 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 a lease for breach of any of the conditions annexed to the tenure; and has constructed, on or before 15-6-2000, a house, for residential purpose on such land, shall, on an application made by him to the Collector of the concerned district, within a period of 117[250 days] from the date on which the Article 372-A, came into effect, in the specified form, accompanied by specified documents and on payment of specified fees, be entitled for the regularisation of such unauthorised occupation or wrongful possession or encroachment including of the said residential house, subject however to sub-clause (3) Article 372-A. (2) From the date on which Article 372-A came into effect till the expiry of the period of 118[250 days] prescribed under sub-clause (1) above, or till the pendency and disposal of the application, if any; made under sub-clause (1) above, as the case may be: b) no proceedings shall be initiated and no order shall be passed, under this Code, against a person who is eligible to apply for and whose case falls, under sub-clause above, and c) all proceedings already initiated and any order already passed under this code, against a person who is eligible to apply for and whose case falls under sub-clause (1) above, shall remain stayed during such period as prescribed above: Provided that the period of stay of any proceedings initiated or of any order passed under this Code or the period during which no proceedings can be initiated or no order can be passed under this Code as stated above, shall not extend beyond a period of 119[one year six months] from the date on which Article 372-A came into effect notwithstanding the fact that the said application made under sub-clause (1) above is not disposed off within the said period of one year. (3) The form of application, fees payable, the procedure to be followed in processing/deciding the application under sub-clause (1) above, the documents required to be furnished alongwith an application under sub-clause (1) above, the area to be regularised, the fine to be imposed upon, for regularisation, if any, etc., shall be such as may be specified in the rules under the Code.]120