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Section 9: Prior notice to person in unauthorised occupation

The Odisha Prevention of Land Encroachment Act, 1972.State Act of Odisha · Act 6 of 1972

Before taking proceedings under 1[Sec. 4], Sec. 6 or Sec. 7 2[the Tahasildar] shall cause to be served on the person reported to be in unauthorised occupation of the property of Government, a notice specifying the land so occupied and calling him to show cause before a certain date as to why he should not be proceeded against under 3[Sec. 4], Sec. 6 or Sec.

7. Such notice shall be served in such manner as the Government may, by rules or orders under Sec. 10 direct.

NOTES

(i) A notice under Sec. 9 calling upon the person in occupation to show cause why he should not be proceeded under Sec. 6 or 7 of the Act does not give rise to a cause of action : 30 MLJ 255: AIR 1924 Mad. 825 : AIR 1925 Madras 415.

1. Inserted by Act 4 of 1975.

2. Substituted by Act 4 of 1975.

3. Inserted by Act 13 of 1982.

14

1. Inserted by ibid.

2. Substituted by Act 4 of 1975.

3. Added by Act 13 of 1982.

4. Substituted by Act ibid for the words "Board of Revenue".

(ii) But where such notice did not take effect because the authorities on representation by the landlady recognised her right to possession, the tenant is estopped from pleading justice in a third person : AIR 1956 An. W.R. 1090.

Where this provision sits

ActThe Odisha Prevention of Land Encroachment Act, 1972.
Section9
Marginal notePrior notice to person in unauthorised occupation
JurisdictionState of Odisha
StatusIn force as published by the source

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