Section 163 in The Himachal Pradesh Land Revenue Act, 1953
163. [ Prevention of encroachment on lands.] [Section 163 Substituted by section 3 of HP. Act 19 of 1971.]
(1)Where Government land or land which has been reserved for the site of a village or for the common purposes of the co-sharers therein has been encroached upon by any co-sharer or other person for any purpose including construction of a building or other structure thereon, then -(a)the Revenue Officer may of his own motion or on the application of any other co-sharer eject the encroaching person (hereinafter in this section referred to as the encroacher) from such land and by order, proclaimed in the manner mentioned in section 23, prohibit repetition of the encroachment therein:Provided that no encroacher shall be ejected under this clause unless he has been given a reasonable opportunity of showing cause against the ejectment.(b)the Revenue Officer may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of such encroachment and may, by order, require the encroacher to pay the damages within such period and in such instalments as may be specified in the order;(c)if the encroacher has erected any building or other structure or has grown crops or planted trees on the encroached land it shall be competent for the Revenue Officer, while ordering his ejectment, to dismantle such building or other structure and confiscate any produce or other material on such land and put the same in public auction and deposit the sale proceeds thereof into the Government Treasury; and(d)the Revenue Officer may impose upon the encroacher a fine upto [one thousand rupees per bigha or part thereof in the case of first encroachment] [Added vide HP L.R Amendment Act No.15 of 1989 published in RHP ex-ordinary dated 27.6.89 pages 1503-1504.] and, where the encroachment is repeated, a fine upto [two thousand rupees per bigha or part thereof for each such subsequent encroachment] [Added vide HP L.R Amendment Act No.15 of 1989 published in RHP ex-ordinary dated 27.6.89 pages 1503-1504.](2)Any amount payable as damages under clause (b) of sub-section (1) or as fine under clause (d) of that sub-section maybe recovered in the same manner as arrears of land revenue.(3)[ When there is a question as to title or to the adverse possession, wherein the possession is claimed by an encroacher for a period beyond thirty years in relation to the land from which ejectment is made or is to be made under this section, the Revenue Officer, not below the rank of an Assistant Collector of the First Grade, shall proceed to determine the question, as if he, were a civil court and shall exercise all such powers as are exerciseable by a civil court.] [Added by H.P.L.R. (Amendment) Act 1989 Act No. 15 of 1989 published in R.H.P. ex-ordinary pages 1503-1504](4)For the determination of the question under sub-section (3), the Revenue Officer shall follow the same procedure as is applicable to the trial of an original suit by a civil court, and he shall record a judgement and decree containing the particulars required by the Code of Civil Procedure, 1908 to be specified therein.(5)An appeal from the decree of the Revenue Officer made under sub-section (4) shall lie to the District Judge as if that decree were a decree of a Subordinate Judge in an original suit.(6)A further appeal from the appellate decree of a District Judge upon an appeal under sub-section (5), shall lie to the High Court only if the High Court is satisfied that a substantial question of law is involved."; and(7)No suit or other legal proceeding shall lie against the Revenue Officer or any person acting under this section in respect of in anything good faith done or purported to have been done under the provisions thereof or the rules made thereunder.Explanation. - For the purposes of this section, any person who holds land under a lease granted by the Government for a fixed term and continues to be in possession of the land beyond the expiry of the period of lease shall be deemed to be an encroacher unless such person gets the lease extended or renewed]
