3[(1) Where Government land or land which has been reserved for the site of village or for the common purposes or uses of the estate right holders or of the co-sharers therein, has been encroached upon by any person or co-sharer for any purpose including construction of a building or other structures or by planting trees therein, then-
(a) the Revenue Officer may of his own motion or on the report of patwari of the circle duly verified by the Kanungo of the Circle or on the application of any estate right holder or cosharers, after giving reasonable opportunity of being heard, shall eject him from such land by order 4[within six months from the date of taking of cognizance or from the date of receipt of such report or from the date of filing of such application, as the case may be, however, the period may
1. Sections 158 and 159 deleted vide H.P. Act No. 15 of 2000.
2. Section 163 substituted vide H.P. Act No. 19 of 1971.
3. Sub-sections (1) and (2) substituted vide H.P. Act No. 15 of 2000.
4. Inserted vide H.P. Act No. 25 of 2009.
THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 67 further be extended upto three months for the reasons to be recorded in writing], in the manner prescribed;
(b) if the encroacher has erected any building or other structure or has planted trees on the encroached land, the same shall, in the prescribed manner, vest in the State Government free from all encumbrances:
Provided that if the building or structure attachments thereto are situated partly in the owned land of the encroacher and partly on the encroached land, the Revenue Officer shall be competent to demolish the portion of the building or structure on the encroached land if the encroacher fails to demolish it himself as ordered by the Revenue Officer; and
(c) the Revenue Officer shall impose upon the encroacher a fine upto Rs. 1[20,000/- or the prevalent market value of the land, whichever is higher] per bigha or part thereof, which shall be recoverable, as if it were an arrear of land revenue.
(2) If a person who has been evicted from any land under this section again occupies the land without authority for such occupation, he shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to 2[fifty thousand rupees or double the prevalent market value of the land, whichever is higher] rupees or with both:
Provided that no court shall take cognizance under this sub-section of an offence unless a report in writing is made by a Revenue Officer not below the rank of Assistant Collector First Grade.]
3[(3) When there is a question as to title or to the adverse possession, wherein the possession is claimed by an encroacher for a period beyond thirty years in relation to the land from which ejectment is made or is to be made under this section, the Revenue Officer, not below the rank of an Assistant Collector of the First Grade, 4[may proceed] to determine the question, as if he were a civil court and shall exercise all such powers as are exercisable by a civil court.
(4) For the determination of the question under sub-section (3), the Revenue Officer shall follow the same procedure as is applicable to the trail of an original suit by a civil court, and he shall record a judgement and decree containing the particulars required by the Code of Civil Procedure, 1908 (5 of 1908) to be specified therein.
1. The figure and sign “2000/-“ substituted for the figure and signs “5,000/-” vide H.P. Act No. 3 of 2001 and again substituted for the figure and signs “2,000/-” vide H.P. Act No. 25 of 2009.
2. The words “five thousand” substituted for the words “ten thousand” vide H.P. Act No. 3 of 2001 and again substituted for the words “five thousand” vide H.P. Act No. 29 of 2009.
3. Sub-sections (3), (4), (5) and (6) added and existing sub-section (3) renumbered as
(7) vide H.P. Act No. 15 of 1989.
4. Substituted for the words” shall proceed” vide H.P. Act No. 15 of 2000.
68 THE HIMACHAL PRADESH LAND REVENUE ACT, 1954
(5) An appeal from the decree of the Revenue Officer made under sub-section (4) shall lie to the District Judge as if that decree were a decree of a Subordinate Judge in an original suit.
(6) A further appeal from the appellate decree of a District Judge upon an appeal under sub-section (5), shall lie to the High Court only if the High Court is satisfied that a substantial question of law is involved.]
(7) No suit or other legal proceeding shall lie against the Revenue Officer or any person acting under this section in respect of anything in good faith done or purported to have been done under the provisions thereof or the rules made thereunder.
Explanation.- For the purposes of this section, any person who holds land under a lease granted by the Government for a fixed term and continues to be in possession of the land beyond the expiry of the period of lease shall be deemed to be encroacher unless such person gets the lease extended or renewed.]
1[163-A Regularisation of encroachment in certain cases.- Notwithstanding anything contained in section 163 of this Act, or any other law for the time being in force, the State Government may make rules regarding the regularisation of the encroachment on Government land.]