(5)Notwithstanding anything contained in the foregoing sub-section, the Tehsildar may, in case any such land belong to the category specified in clause (ii) of the proviso to section 97, sell it, with the approval of the Sub-Divisional Officer, to the trespasser upon payment by him of the premium therefor at the rate fixed under section 96 and applicable to such land in addition to the assessment and penalty recoverable from him under sub-section (2) in respect of the whole period of unlawful occupation.
