The Encroachment of Government Land
Sections 50 to 54A of the Maharashtra Land Revenue Code speak of encroachment on government land or foreshores or land being used for hawking / selling articles without the sanction of the competent authority.
The Collector may summarily remove or abate the encroachment at the expense of the encroacher.
The encroacher is also liable to pay the assessment on the land and a fine. In the case of non-agricultural land, this fine is not more than two thousand INR and in the case of agricultural land, its not more than one thousand INR. On failure to remove the encroachment within the time stipulated by the Collector, the encroacher is liable to pay an additional fine of either twenty-five or fifty INR per day depending on whether or not the land is agricultural land.
Under Section 51 of the MLRC, encroachments can be regularized on the desire of the encroacher by:
- charging not more than five times the value of the land
- fixing assessment at not more than five times the ordinary assessment
- following such other rules as the Collector may impose
after the Collector gives public notice of the intention to regularize the land at the expense of the encroacher. Once the encroachment is so regularized, the encroacher’s name is entered in the land records.
Under Section 52, the collector conclusively determines land revenue considering the market value of similar land in the same area.
Section 53 deals with the summary eviction of a person unauthorisedly occupying land. The Collector hears the person, conducts a summary inquiry and then gives his opinion with brief reasons. The encroacher is then given notice to vacate the land. If he does not comply with this notice, the Collector removes him and the encroacher is liable to pay the penalty of two times the assessment for the period of unauthorized use.
Section 54 deals with what happens after summary eviction. It says that the building / construction or crop raised, if not removed after notice deemed reasonable by the Collector, is liable to forfeiture or summary removal.
