जमिनीवरील अतिक्रमणे, महाराष्ट्र जमीन महसूल संहिता S/50 to 54A of MH Land Revenue encroachments of land maharashtra illegal occupation, fine other additional fine after notice of Collector.
In this article the brief note on section 50 to 53 of the maharashtra Land Revenue Code removal of encroachment etc.
Removal of encroachments on land vesting in Government in Maharashtra
Section 50(1) of maharashtra Land Revenue Code, In the event of any encroachment being made on any land, or foreshore vested in the State Government (whether or not in charge of any local authority).
Hawking or selling articles on public land, roads encroachment
Any such land being used for the purpose of hawking or selling articles without the sanction of the competent authority.
It shall be lawful for the Collector to summarily abate or remove any such encroachment or cause any article whatsoever hawked or exposed for sale to be removed.
Provisions for penalty and other incidental matters on encroachment of hawker etc
And the expenses incurred therefore shall be leviable from the person in occupation of the land encroached upon or used as aforesaid.
Land encroached upon forms part of an assessed survey number
Section 50(2) The person who made such encroachment or who is in unauthorised occupation of the land so encroached upon shall pay.
If the land encroached upon forms part of an assessed survey number, assessment for the entire number for the whole period of the encroachment. And if the land has not been assessed, such amount of assessment as would be leviable for the said period in the same village on the same extent of similar land used for the same purpose.
Addition fine for encroachment of land maharashtra
Such person shall pay in addition a fine which shall be one thousand rupees or such amount as may be prescribed, whichever is higher.
If the land is used for an agricultural purpose, and if used for a purpose other than agriculture such fine not exceeding two thousand rupees Or such amount as may be prescribed, whichever is higher.
Hawking or selling any articles on encroachment land
The person caught hawking or selling any articles shall be liable to pay fine of a sum not exceeding fifty rupees or such amount as may be prescribed, whichever is higher, as the Collector may determine.
Notice of removal of encroachments on any lands by collector
Section 50(3) The Collector may, by notice duly served under the provisions of this Code, prohibit or require the abatement or removal of encroachments on any such lands, and shall fix in such notice a date, which shall be a reasonable time after such notice, on which the same shall take effect.
Addition to the penalties on notice of encroachment of land
Section 50(4) Every person who makes, causes, permits or continues any
encroachment on any land referred to in a notice issued under sub-section (3).
Shall in addition to the penalties specified in sub-section (2), be liable at the discretion of the Collector to a fine not exceeding twenty-five rupees.
Or such amount as may be prescribed, whichever is higher in the case of encroachment for agricultural purposes. And fifty rupees or such amount as may be prescribed, whichever is higher in other cases for every day.
During any portion of which the encroachment continues after the date fixed for the notice to take effect.
Appeal of Collector order of encroachment of land
Section 50(5) An order passed by the Collector under this section shall be subject to appeal and revision in accordance with the provisions of this Code.
Sub Section 6 of s/50 Nothing contained in sub-sections (1) to (4) shall prevent any person from establishing his rights in a civil court within a period of six months from the date of the final order under this Code.
Summary eviction of person unauthorised occupying land vesting in Government
Section 53(1) If in the opinion of the Collector any person is unauthorised
occupying or wrongfully in possession of any land.
Or foreshore vesting in the State Government or is not entitled or has ceased to be entitled to continue the use, occupation or possession of any such land.
Or foreshore by reason of the expiry of the period of lease or tenancy or termination of the lease.
Tenancy or breach of any of the conditions annexed to the tenure, it shall be lawful for the Collector to evict such person.