Section 7(2) in The Orissa Prevention of Land Encroachment Act, 1972
(2)[ Notwithstanding anything contained in Sub-Section (1) -(a)where any land is in the unauthorised occupation of a landless person, the Tahsildar may instead of evicting such person from the land in his authorised occupation, settle the same with him, so however, the land so settled with him together with the land excluding homestead, if any owned by him and the lands owned by all the members of his family who are living with him in common mess, shall, on no account, exceed one standard acre and shall not include more than one-tenth of an acre of land which is being utilised or can be utilised for purposes of homestead; and(b)where any land is in the unauthorised occupation of a homesteadless person, which is being utilised by him as homestead, the Tahasildar shall, instead of evicting such person, settle the same with him, so, however, that the land so settled with him shall not exceed one-tenth of an acre]:[Provided that no such settlement shall be made if the land belongs to any of the following categories namely] [Added by Act 4 of 1975.] :(a)lands recorded as Gochar, Rakhit, or Sarbasadharan in any record-of-rights prepared under any law;(b)lands which are -(i)set apart for the common use of villages;(ii)used as house site, back-yard of temple-site whether or not recorded as such, in the record-of-rights;(iii)likely to require for any development scheme and are declared as such by the State Government by a notification; and(c)land belonging to an establishment of undertaking owned, controlled or managed by -(i)any State Government or a Department of such Government;(ii)any company in which not less than fifty-one per cent of the share capital is held by one or more State Government, or(iii)a corporation established by law which is owned, controlled or managed by any State Government :[Provided further that where the land in the unauthorised occupation of a person is situated within a Municipality or a Notified Area constituted under the Orissa Municipal Act, 23 of 1950 :(a)the settlement of land with such person shall be made by the Sub-divisional Officer on a reference made to him in that behalf by the Tahasildar;(b)not more than [one-tenth of an acre] shall be settled and that such settlement shall be made only where -(i)neither the person nor any member of his family living with him in common mess owns a house or house-site anywhere in the State; or(ii)the land being adjacent to the holding owned by the person is necessary for the beneficial enjoyment of such holding or for the residential purpose of the person and is not reserved for the purposes of any Government or for any developmental purpose; and(c)the settlement shall not take effect until -(i)the order for settlement made by the Sub-divisional Officer is confirmed by the Collector of the district; and(ii)the person in favour of whom the settlement is made, makes payment of the market value of the land assessed by the Sub-divisional Officer in the manner prescribed by rules made under this Act :Provided also that on failure, of payment of the market value within the time fixed by the Sub-divisional Officer, the person in unauthorised occupation of the land shall be liable to be summarily evicted from the land in accordance with the provisions of this Act.] [Substituted by Act 10 of 1988.][(2-a) Notwithstanding anything contained in the first proviso to Sub-section (2), where any land specified under the said proviso except those classified Gochar, Rakhshit or Sarbasadharan and used as burial ground, Government premises, tanks, roads and public places of worship is in the unauthorised occupation of any homesteadless person and who is using its as homestead and residing thereon by constructing a house on or before the 10th March, 1985, the Tahasildar shall instead of evicting such person, settle the same with him so, however, that the land so settled with him shall not exceed one twenty-fifth of an acre.] [Inserted by Act 10 of 1988.]
