Section 43D in Bihar Hindu Religious Trusts Act, 1950
43D. Removal of encroachment on the Trust property.
(1)Any trustee or any two persons interested in the religious affairs of the trust with the permission of the Board may file an application with the Tribunal for removal of the encroachment on the trust property.Explanation.-For the purpose of this Section, the expression "encroacher" shall mean any person who unauthorisedly occupies any land, building, shop, tank and well or any other property and to include-(a)any person who is in occupation of property without the approval of the competent authority which has the power to sanction the lease or mortgage or licence of any trust property; and(b)any person who continues to remain in the property after the expiry or termination or cancellation of the lease, mortgage or licence granted to him.(2)Where, on receipt of any application under sub-section (1), the Tribunal finds that there is a prima facie case of encroachment, it shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling on him to show cause before a certain date why an order requiring him to remove the encroachment before the date specified in the notice should not be made. A copy of the notice shall also be sent to the trustees of the religious institution or endowment concerned.(3)The notice referred to in sub-section (2) shall be served in such manner as may be prescribed.(4)Where after considering the objections, if any, of the encroacher received during the period specified in the notice referred to in sub-section(2) and after conducting such enquiry as may be prescribed, the Tribunal is satisfied that there has been an encroachment, he may by order and for reasons to be recorded, require the encroacher to remove the encroachment and deliver possession of the property (land or building or space) encroached upon to the trustee before the date specified in such order.(5)During the pendency of the proceeding, the Tribunal shall order the encroacher to deposit such amount as may be specified by it in consideration of the use and occupation of the properties in question in the manner prescribed.
