(1) Any person unauthorisedly occupying land for which he is liable to pay assessment under Sec. 4 shall be summarily evicted by the 1[Tahasildar] and any crop or other product raised on the land, any encroachments such as a building, other construction or anything deposited thereon shall be liable to forfeiture:
Provided that in case of said encroachments. 2[the Tahasildar] shall give reasonable notice to remove the same.
2[(2) Notwithstanding anything contained in Sub-Sec. (1)–
(a) where any land is in the unauthorised occupation of a landless person, the Tahsildar may instead of evicting such person from the land in his authorised occupation, settle the same with him, so however, the land so settled with him together with the land excluding homestead, if any owned by him and the lands owned by all the members of his family who are living with him in common mess, shall, on no account, exceed one standard acre and shall not include more than one-tenth of an acre of land which is being utilised or can be utilised for purposes of homestead;
and
(b) where any land is in the unauthorised occupation of a homesteadless person, which is being utilised by him as homestead, the Tahasildar shall, instead of evicting such person, settle the same with him, so however, that the land so settled with him shall not exceed one-tenth of an acre."
3[Provided that no such settlement shall be made if the land belongs to any of the following categories namely]:
(a) lands recorded as Gochar, Rakhit, or Sarbasadharan in any record-of-rights prepared under any law;
(b) lands which are–
(i) set apart for the common use of villages;
1. Substituted by Act 4 of 1975.
2. Substituted by Act 10 of 1988.
3. Added by Act 4 of 1975.
9
1. Substituted by Act 13 of 1982.
2. Substituted by Act 10 of 1988.
(ii) used as house site, back-yard of temple-site whether or not recorded as such, in the record-of-rights;
(iii) likely to require for any development scheme and are declared as such by the State Government by a notification; and
(c) land belonging to an establishment of undertaking owned, controlled or managed by–
(i) any State Government or a Department of such Government;
(ii) any company in which not less than fifty-one per cent of the share capital is held by one or more State Government, or
(iii) a corporation established by law which is owned, controlled or managed by any State Government:
1[Provided further that where the land in the unauthorised occupation, of a person is situated within a Municipality or a Notified Area constituted under the Orissa Municipal Act, 23 of 1950:
(a) the settlement of land with such person shall be made by the Sub-divisional Officer on a reference made to him in that behalf by the Tahasildar;
2[(b) not more than one-tenth of an acre shall be settled and that such settlement shall be made only where
(i) neither the person nor any member of his family living with him in common mess owns a house or house-site anywhere in the State; or
(ii) the land being adjacent to the holding owned by the person is necessary for the beneficial enjoyment of such holding or for the residential purpose of the person and is not reserved for the purpose of any Government or for any development purpose; and
(c) the settlement shall not take effect until–
(i) the order for settlement made by the Sub-divisional Officer is confirmed by the Collector of the district;
and
(ii) the person in favour of whom the settlement is made, makes payment of the market value of the land assessed by the Sub-divisional Officer in the manner prescribed by rules made under this Act:
10
Provided also that on failure, of payment of the market value within the time fixed by the Sub-divisional Officer, the person in unauthorised occupation of the land shall be liable to be summarily evicted from the land in accordance with the provisions of this Act.]
1(2-a) Notwithstanding anything contained in the first proviso to Sub-Sec. (2), where any land specified under the said proviso except those classified Gochar, Rakhshit or Sarbasadharan and used as burial ground, Government premises, tanks, roads and public places of worship is in the unauthorised occupation of any homesteadless person and who is using its as homestead and residing thereon by constructing a house on or before the 10th March, 1985, the Tahasildar shall instead of evicting such person, settle the same with him so, however, that the land so settled with him shall not exceed one twenty-fifth of an acre;
(3) If such a person fails to remove the encroachment within the time specified in the notice, 2[the Tahasildar] may in his discretion, in addition to the order of forfeiture, impose a fine which may extend to fifty rupees and a daily fine of rupees ten until the encroachment has been removed:
3[Provided that the aggregate of the fines payable under this subsection shall in no event exceed an amount equal to twice the market value of the encroachment land;
Provided further that subject to such conditions as may be prescribed, the Collector may, in suitable cases, either reduce or remit the amount payable by the way of fine under this sub-section].
(4) Forfeitures under this section shall be adjudged by 4[the Tahasildar] and any property so forfeited shall be disposed of as the 4[the Tahasildar] may direct.
(5) An eviction under this section shall be made by serving a notice in the manner provided in Sec. 9 on the person reported to be in occupation or his agent requiring him within such time as 4[the Tahasildar] may deem reasonable after receipt of the said notice to vacate the land and if such notice is not obeyed, by removing or deputing a subordinate officer to remove any person who may refuse to vacate the same.
(6) If the Officer removing any such person shall be resisted or obstructed by any person, 4[the Tahasildar] shall hold a summary inquiry
1. Inserted ibid.
2. Substituted by Act 4 of 1975.
3. Substituted by Act 29 of 1974.
4. Substituted by Act 4 of 1975.
11 into the fact of the case and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for the arrest of the said person and on his appearance may send him with a warrant in the form appended to Schedule I for imprisonment in the civil jail of the District for a period not exceeding thirty days as may be necessary to prevent the continuance of such resistance or obstruction.
NOTES Burden is upon the Applicant to show and establish that he or she is a landless or homestead less person for settlement of Government land in his favour. Revenue Authorities taking no steps as to find out whether applicant was a landless or homestead less person as such the order settling the land in his favour is illegal: 2008 (CLT) 101: 2008 (1) CLR 187 (Rama Mani Devi vs. Tahasildar and Others) Some persons filing writ petition making allegations that the land in question being a Communal Land is being encroached upon by some encroachers. Said writ petition disposed with a direction directing the said petitioner to make representation before the Collector: Balasore and on such representation collector would take appropriate steps. On such representation Collector registered encroachment cases against the persons directing them to show cause and on failing which orders of eviction was passed…. But on perusal it is seen that orders of eviction cannot be sustained as the same have been passed prior to the date fixed for filing show cause and as such the same were quashed and further directions issued: 2005 (II) OLR 706 ( Sri Manoranjan Behera and five others vs. State of Orissa and two others ) Settlement of Government Land/ Plot ….. Applicant is the wife of Government Servant and not a divorced lady and the plot belongs to a reserve category, as such denial of settlement is not illegal: 2004 (I) CLR 85 ( Smt. Rabeha Khatun vs. State of Orissa)