Section 51: Removal of encroachment from the property of trust and endowment

CHAPTER-IX REMOVAL OF ENCROACHMENT (1) Whenever the Chief Administrative Officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property, which is the property of trust or endowment and, which has been registered as such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice, as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned trustee or administrator. (2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed. (3) If, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Administrative Officer is satisfied that the property in question is property of trust or endowment and that there has been an encroachment on any such property of trust or endowment, he may, by an order, require the encroacher to remove such encroachment and deliver possession of the land, building, space or other property encroached upon, to the trustee of the trust or administrator of the endowment, within such time as may be specified in the order. (4) Nothing contained in sub-section (3) shall prevent any person aggrieved by the order made by the Chief Administrative Officer under that sub-section from instituting a suit in a Court to establish that he has right, title or interest in the land, building, space or other property: Provided that no such suit shall be instituted by a person who has been let into possession of the land, building, space or other property as a lessee, licensee or mortgagee by the trustee of the trust or administrator of the endowment or by any other person authorized by him in this behalf.