Section 71 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
71. Direction for eviction or recovery of any amount of compensation, etc. [Rule 115-E (1), U.P.Z.A. & L.R. Rules].
- (1) Procedure for eviction or recovery of amount - Where any direction for eviction or recovery of any amount of compensation has been issued by the Collector under sub-section (4) of Section 122-B an order in Z.A. Form 49-C shall be sent to the Tahsildar concerned for execution who shall as far as possible follow the procedure laid down in Paragraphs 137 and 138 of Revenue Court Manual.The order under Z.A. Form 49-C shall also specify the amount which shall be recovered from the person concerned as expenses of execution which shall included the pay and allowances of the staff deputed to be calculated according to the rates mentioned in Paragraph 405 of the Revenue Court Manual.(2)For damages occurred realisation therefor. [Rules 115-F (1), U.P.Z.A. & L.R. Rules]. - All damages ordered to be recovered and expenses incurred in the execution of the orders of the Collector shall be realised as arrears of land revenue and credited to the Consolidated Gram Fund or the Fund of a local authority other than a Gram Sabha, as the case may be, except that the cost on account of pay and travelling allowance of staff deputed shall be deposited in the Tahsil Sub-treasury under the head "029-Land Revenue-E-Other receipts (5) Collection of Payment for services rendered."(3)Wrongful occupation [Rule 115-F (2), U.P.Z.A. & L.R. Rules]. - If the damage or loss caused through misappropriation caused is of such a nature as is not capable of being repaired or made good (as in the case of cutting of trees or grazing of plants or grass), the Collector shall assess the amount of damage or loss in terms of money at the prevailing market rate in the locality. In case of wrongful occupation of land, the damage caused to the Gram Sabha or the local authority, as the case may be, shall be assessed for each year of such wrongful occupation or any part thereof, at 100 times the amount of rent computed at the sanctioned hereditary rates applicable to the plots concerned. In case the occupant of land continued to remain in such wrongful occupation, he shall be further liable to pay one-eighth of the damages so assessed for every month of the continued occupation after the date of the order.(4)Wrongful possession [Rule 115-G (1), U.P.Z.A. & L.R. Rules]. - If the persons wrongfully occupying the land has done cultivation therein he may be allowed to retain possession thereof until he has harvested the crop subject to the payment by him of 100 times the amount of rent computed at the sanctioned hereditary rates applicable which shall be credited to the Consolidated Gram Fund or the Fund of the local authority other than the Gram Sabha as the case maybe. If the person concerned does not make the payment of the aforesaid amount within the period specified in the notice in Z.A. Form 49-A, possession of the land shall be delivered to the Bhumi Prabandhak Samiti or the local authority, as the case may be, together with the crop :Provided that where such person wrongfully occupies the same land or any other land within the jurisdiction of the Gram Sabha or the local authority, as the case may be, at a subsequent time, he shall be ejected therefrom without being permitted together his produce and possession of the land together with the crop thereon shall be delivered to the Bhumi Prabandhak Samiti or the local authority, as the case may be.(5)Encroachment on same land second time [Rule 115-G (2), U.P.Z.A. & L.R. Rules]. - Nothing in sub-rule (1) shall debar the Bhumi Prabandhak Samiti or the local authority, as the case may be from prosecuting the person who encroaches upon the same land a second time in spite of having been ejected under the Act or Rules under Section 447 of the Indian Penal Code, 1860.(6)Prosecution for encroachment second time [Rule 115-G and Section 229-A, U.P.Z.A. & L.R. Act & Rules]. - (A) Without prejudice to the above proceeding, the Bhumi Prabandhak Samiti may prosecute the person, who inspite of being ejected under the said provisions encroaches the land again second time under Section 447 read with Section 441 of Indian Penal Code, 1860. Such crime of criminal trespass, which is cognizable, the Chairman of Samiti or duly authorised member thereof or Lekhpal as Secretary of Samiti may file First Information Report to the police.(B)If the Samiti is satisfied that person has encroached on land second time and such person or any other person through him is in possession, both are liable to be prosecuted under said sub-para (A).(C)If unruly or influential person has encroached on land vested in Gram Sabha first time, he is liable for prosecution under Section 447 of Indian Penal Code, 1860. In such cases, Samiti should issue formal notice specifying the date, by which unauthorised possession should be removed. If he fails to do so, action may be taken under above sub-para (A).(7)Punishment for occupation of Gram Sabha land. [Section 123-B, U.P.Z.A. & L.R. Act]. - (1) Where any person has been evicted under this Act from any land vested in the Gram Sabha and such person or any other person, whether claiming through him or otherwise, thereafter occupies such land or any part thereof without lawful authority, such occupant shall be punishable with imprisonment for a term which may extend to three years or with fine or both.(2)Any court convicting a person under sub-section (1) may make an order for evicting the person summarily from such land, and such person shall be liable to such eviction, without prejudice to any other action that may be taken against him under any law for the time being in force.(3)Without prejudice to the provisions of sub-sections (1) and (2), the Collector may, whether or not prosecution, is instituted under sub-section (1), retake possession of any land, referred to in that sub-section and may, for that purpose, use or cause to be used such force as may be necessary for evicting any person found in occupation thereof.
