Section 408A in Haryana Municipal Corporation Act, 1994
408A. [ Power to evict persons from Corporation premises/land. [Inserted by Haryana Act No. 1 of 2007, 14.2.2007]
(1)If the competent authority is satisfied-(a)that any person authorized to occupy any premises of the Corporation has-(i)not paid rent lawfully due from him in respect of such premises for a period of more than two months; or(ii)sublet, without the permission of the Commissioner or any other officer duly empowered to grant such permission, the whole or any part of such premises; or(iii)otherwise acted in contravention of any of the terms expressed or implied, under which he is authorized to occupy such premises; or(b)that any person is in unauthorized occupation of any premises/land or building/structure constructed thereon, of the Corporation,the competent authority may, notwithstanding anything contained in any law, for the time being in force, by notice served upon him by post or by person and if such person avoids service or is not available for service of notice or refuses to accept notice, then by affixing a copy of it on the outer door or some other conspicuous part of such premises/land or building or by beating of drums or in such manner, as may be prescribed, call upon such person to appear and show cause why he should not be ordered to vacate the said premises/land or building/structure constructed thereon or demolish unauthorized construction and to restore to its original state or to bring it in conformity with the provisions of this Act or rules framed thereunder, as the case may be, within a period of seven days from the date of service of the notice.(2)If such person fails to show cause to the satisfaction of the competent authority or fails to appear or refuses to appear before the competent authority, as the case may be, within a period of seven days, the competent authority shall pass an order requiring him to vacate such premises/land or building/structure constructed thereon or demolish unauthorized construction and restore to its original state or to bring it in conformity with the provisions of this Act or the rules framed thereunder, as the case may be, within a further period of seven days.(3)If the order made under sub-section (2) is not carried out or complied with within the specified period, the competent authority at the expiry of the period so specified, shall evict that person from, and take possession of, the premises/land or building/structure constructed thereon or demolish unauthorized construction or restore to its original state or bring it in conformity with the provisions of this Act or the rules framed thereunder, as the case may be, and shall for that purpose use such force, as may be necessary and the cost incurred on such measures shall, if not paid on demand, being made to him, be recoverable from such persons as arrears of land revenue.(4)Even before the expiry of a further period of seven days mentioned under sub-section (2), if the competent authority is satisfied that instead of vacation of premises/land or building/structure constructed thereon or demolition of unauthorized construction, as the case may be, the person continues with the contravention, the competent authority shall himself take such measures and use such force as may appear necessary to give effect to the order under sub-section (2) and the cost of such measures shall if not paid on demand being made to him, be recoverable from such person as arrears of land revenue.(5)If a person, who has been ordered to vacate any premises/land or building/structure constructed thereon, under sub-section (2) in view of the conditions as specified under sub-clause (i) or (iii) of clause (a) of sub-section (1) within a period of seven days from the date of service of the notice, pays the rent in arrears or carries out or otherwise complies with the terms contravened by him, to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of the eviction of such person under subsection (3) cancel the order made under sub-section (2) and thereupon such person shall hold the premises on the terms on which he held them immediately before such notice was served on him.
