Section 22 in The Karnataka Tank Conservation and Development Authority Act, 2014
22. Power to remove encroachment.
(1)Notwithstanding anything contained in the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 (Karnataka Act 32 of 1974) any person who is found to be unauthorizedly occupying any tank land or part thereof may, without prejudice to any other action that may be taken against him under any other provisions of the Act, or any other law for the time being in force, be summarily evicted by the Designated Officer or any other officer authorised by the authority in this behalf:Provided that no person shall be evicted under this sub-section without giving a reasonable opportunity of being heard.(2)Every order for eviction passed under sub-section (1) shall be in writing and shall be served on the person unauthorizedly occupying tank land by tendering or delivering a copy thereof to such person or by sending a copy thereof by registered post or if he refuses to receive it or evades service, by pasting it on a prominent part of the property in occupation by him or by publication in a news paper having wide circulation in the area.(3)Any crop including trees raised in the tank land and any buildings or other construction erected thereon by the unauthorized occupant shall also, if not removed by him within thirty days of the order of eviction passed in sub section (1), be liable to forfeiture or to summary removal.(4)Any property forfeited under sub-section (3) shall vest in the Authority and which may dispose of it, in such manner as deemed fit and the cost of removal of any crop, trees, building or other construction and the expenditure incurred for restoring the tank to its original condition shall be recoverable from the person evicted as if it were an arrears of land revenue or in any other manner as may be prescribed.(5)Any person aggrieved by order of the designated officer or other officer authorized by the Authority under sub-section (1), may, within thirty days from the date of the order, appeal against such order to the District and Sessions Judge and in such manner as may be prescribed and the order passed under sub-section (1) shall, subject to the decision in such appeal be final.Chapter-IV Penalties and Procedures
