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Section 54: Encroachment upon lands and buildings

The Hindu Religious Institutions and Charitable Endowments Act, 1997State Act of Karnataka · Act 33 of 2001

Where the Assistant Commissioner has reason to believe that any person has encroached upon any land or building which is appertinant to or adjoins any sacred tank, well, spring or water course belonging to a notified institution or a declared institution whether situated within or outside the precincts thereof or any space within or outside the prakaras, mantaps, court yards or corridors of the institution, the Assistant Commissioner may cause to be served upon the encroacher a notice specifying the particulars of encroachment and calling upon him to show cause before a date to be specified in the notice why an order requiring him to remove the encroachment should not be made. A copy of the notice shall also be sent to the Chairman, Manager or such other person interested in the institution and after considering the objections, if any, of the encroacher and the Chairman, Manager or such other person, the Assistant Commissioner may, if he decides that there has been an encroachment, by order, require the encroacher to remove the encroachment and deliver possession of the land or building encroched upon, to the Chairman, Manager or such other person interested in the institution before the date to be specified in the order.

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(2) Where before the date specified in the order under sub-section (1), the encroacher has not removed the encroachment and has not vacated the land, building or place, the Assistant Commissioner shall take steps to resume and restore such land, building or place to the Institution in accordance with the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974.

Where this provision sits

ActThe Hindu Religious Institutions and Charitable Endowments Act, 1997
Section54
Marginal noteEncroachment upon lands and buildings
JurisdictionState of Karnataka
StatusIn force as published by the source

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