5 [(1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 4 and any evidence produced by him in support of the same and after personal hearing, if any, given under sub-clause (ii) of clause (b) of sub-section (2) of section 4, the estate officer is satisfied that the public premises are in unauthorised occupation, the estate officer shall make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order but not later than fifteen days from the date of the order, by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises:
Provided that every order under this sub-section shall be made by the estate officer as expeditiously as possible and all endeavour shall be made by him to issue the order within fifteen days of the date specified in the notice under sub-section (1) or sub-section (1A), as the case may be, of section 4.]
(2) If any person refuses or fails to comply with the order of eviction 6 [on or before the date specified in the said order or within fifteen days of the date of its publication under sub-section (1), whichever is later,] the estate officer or any other officer duly authorised by the estate officer in this behalf 7 [may after the date so specified or after the expiry of the period aforesaid, whichever is later, evict that person]
1. Subs. by Act 2 of 2015, s. 3, for sub-section (1) (w.e.f. 22-6-2015).
2. Subs. by Act 61 of 1980, s. 4, for clause (b) (w.e.f. 20-12-1980).
3. Subs. by Act 2 of 2015, s. 3, for “earlier than” (w.e.f. 22-6-2015).
4. Sub-section (4) omitted by Act 7 of 1994, s. 5 (w.e.f. 1-6-1994).
5. Subs. by Act 2 of 2015, s. 4, for sub-section (1) (w.e.f. 22-6-2015).
6. Subs. by Act 61 of 1980, s. 1, for certain words (w.e.f. 20-12-1980).
7. Subs. by s. 6, ibid., for “may evict that person” (w.e.f. 20-12-1980).
5 from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary.
1 [Provided that if the estate officer is satisfied, for reasons to be recorded in writing, that there exists any compelling reason which prevents the person from vacating the premises within fifteen days, the estate officer may grant another fifteen days from the date of expiry of the order under sub-section (1) to the person to vacate the premises.]
2 [5A. power to remove unauthorised constructions, etc.—(1) No person shall—
(a) erect or place or raise any building or 3 [any movable or immovable structure or fixture],
(b) display or spread any goods,
(c) bring or keep any cattle or other animal, on, or against, or in front of, any public premises except in accordance with the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy such premises.
4 [(2) Where any building or other immovable structure or fixture has been erected, placed or raised on any public premises in contravention of the provisions of sub-section (1), the estate officer may serve upon the person erecting such building or other structure or fixture, a notice requiring him either to remove, or to show cause why he shall not remove such building or other structure or fixture from the public premises within such period, not being less than seven days, as he may specify in the notice; and on the omission or refusal of such person either to show cause, or to remove such building or other structure or fixture from the public premises, or where the cause shown is not, in the opinion of the estate officer, sufficient, the estate officer may, by order, remove or cause to be removed the building or other structure or fixture from the public premises and recover the cost of such removal from the person aforesaid as an arrear of land revenue.
(3) Where any movable structure or fixture has been erected, placed or raised, or any goods have been displayed or spread, or any cattle or other animal has been brought or kept, on any public premises, in contravention of the provisions of sub-section (1) by any person, the estate officer may, by order, remove or cause to be removed without notice, such structure, fixture, goods, cattle or other animal, as the case may be, from the public premises and recover the cost of such removal from such person as an arrear of land revenue.]