State Act

53

Section 53. Summary eviction of person unauthorisedly occupying land vesting in Government.

The Maharashtra Land Revenue Code, 1966

Act no. 41 of 19661966In forceMaharashtra (State Act)

53. Summary eviction of person unauthorisedly occupying land vesting in Government.— (1) If in the opinion of the Collector any person is unathorisedly occupying or wrongfully in possession of any land or foreshore vesting in the State Government or is not entitled or has ceased to be entitled to continue to use, occupation or possession of any such land or foreshore by reason of the expiry of the period of lease or tenancy or termination of the lease or tenancy or breach of any of the conditions annexed to the tenure, it shall be lawful for the Collector to 1[* * *] evict such person 2[* * *]. 3[(1-A) Before evicting such person, the Collector shall give him a reasonable opportunity of being heard and the Collector may make a summary enquiry, if necessary. The Collector shall record his reasons in brief, for arriving at the opinion required by sub-section (1).] (2) 4[The Collector shall, on his finding as aforesaid, 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 of foreshore, as the case may be, and if such notice is not obeyed, the Collector may remove him from such land or foreshore. (3) A person unathorisedly occupying or wrongful in possession of land after he has ceased to be entitled to continue the use, occupation or possession by virtue of any of the reason specified in sub-section (1), shall also be liable at the discretion or possession of the Collector to pay a penalty not exceeding 5[two times the assessment or rent for the land or such amount as may be prescribed, whichever is higher,] for the period of such unauthorised use or occupation.