Section 163(1) in The Himachal Pradesh Land Revenue Act, 1953
(1)Where Government land or land which has been reserved for the site of a village or for the common purposes of the co-sharers therein has been encroached upon by any co-sharer or other person for any purpose including construction of a building or other structure thereon, then -(a)the Revenue Officer may of his own motion or on the application of any other co-sharer eject the encroaching person (hereinafter in this section referred to as the encroacher) from such land and by order, proclaimed in the manner mentioned in section 23, prohibit repetition of the encroachment therein:Provided that no encroacher shall be ejected under this clause unless he has been given a reasonable opportunity of showing cause against the ejectment.(b)the Revenue Officer may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of such encroachment and may, by order, require the encroacher to pay the damages within such period and in such instalments as may be specified in the order;(c)if the encroacher has erected any building or other structure or has grown crops or planted trees on the encroached land it shall be competent for the Revenue Officer, while ordering his ejectment, to dismantle such building or other structure and confiscate any produce or other material on such land and put the same in public auction and deposit the sale proceeds thereof into the Government Treasury; and(d)the Revenue Officer may impose upon the encroacher a fine upto [one thousand rupees per bigha or part thereof in the case of first encroachment] [Added vide HP L.R Amendment Act No.15 of 1989 published in RHP ex-ordinary dated 27.6.89 pages 1503-1504.] and, where the encroachment is repeated, a fine upto [two thousand rupees per bigha or part thereof for each such subsequent encroachment] [Added vide HP L.R Amendment Act No.15 of 1989 published in RHP ex-ordinary dated 27.6.89 pages 1503-1504.]
