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Section 6

The Nagaland Eviction of Persons in Unauthorised Occupation of Public Land (2nd Ammendment)act,1973State Act of Nagaland · Act 3 of 1973

(i) if after considering the cause, if any. showing by any person in pursuance of the notice issued under section 5 and any evidence adduced in support thereof and after making such further inquiry, if any, as he may deem necessary, the Deputy Commissioner is satisfied that the public land is in unauthorised occupation, he shall make an order of eviction directing all persons in such unauthorised occupation to vacate the public land and deliver possession thereof to him, after removing any structure or other property there from, within fourteen days from the date of the order ii) For the purpose of making an inquiry referred to in sub- section (1). the Deputy Commissioner or any person authorised by him in this behalf, may. (a) enter upon the public land and inspect, measure or demarcate the same at any time between sun-rise and sun set, and (b) require in such. manner as may he prescribed , all persons concerned or any other person to information relating to the names and other particulars of person concerned and the persons concerned or any person so required shall he bound to furnish such information. (iii) The Deputy Commissioner shall cause a copy of the order made under sub-section(1) to he served in the manner referred to in sub-section (3) of section 5. Power to recover damage. 7. When an order of eviction has been made under sub-section (1)of section 6 in respect of any public land. The Deputy Commissioner may make an order directing any person who is or has at any time been, in unauthorized occupation of the public land to pay, for the period during which he has, or had been in such occupation, damages at such rate, not exceeding the rate of rent prevailing for similar lands with similar advantages in the vicinity as may be prescribed, within such time, not being less than thirty or more than ninety days, as may be specified in the order

Provided that no such order shall be made against any person without giving him an opportunity of showing cause against the proposed order. Deputy Commissioner’s Power to enforce delivery of possession of public land by evicting the unauthorised occupants. 8. (i) If, in respect of any public land or part thereof, any person refuses or fails to comply withan order made under sub-section (1) of section 6. within the time specified in that sub ection then the Deputy Commissioner shall evict that person from and take possession of the public land and may, for that purpose, use such force as may be necessary.

(ii) The cost of obtaining possession of any public land after evicting the person in unauthoriscd occupation thereof shall he payable by such person within such time not being less than thirty or more than ninety days from the date on which possession of the public land is taken or From the date of the. public auction referred to in section whichever is the latter, as the Deputy Commissioner may 10, by order direct, Damages and costs recoverable as public demands.

9. Any sum payable by any person as damages or costs by an order of the Deputy Commissioner under this Act shall he recoverable as an arrear of land revenue. Disposal of property of any public land by unauthorised occupants.

Where this provision sits

ActThe Nagaland Eviction of Persons in Unauthorised Occupation of Public Land (2nd Ammendment)act,1973
Section6
JurisdictionState of Nagaland
StatusIn force as published by the source

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