Section 122D in The U.P. Zamindari Abolition and Land Reforms Act, 1950
122D. [ Restoration of possession to allottees. [Added by U.P. Act No. 24 of 1986.]
(1)Where any land, referred to in sub-section (2) of Section 122-C, is allotted to any person for the purposes of building of house and-any person other than the allottee is in occupation of such land in contravention of the provisions of this Act, the Assistant Collector may, of his own motion, and shall, on the application of the allottee, put the allottee in possession of such land and may, for that purpose, use or cause to be used such force, as he considers necessary.(2)Where any person, after being evicted under this section, reoccupies the land or any part thereof without lawful authority, he shall be punishable with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousand rupees:Provided that the Court convicting the accused may, while passing the sentence, direct that the whole or such portion of the fine, that may be recovered, as the Court considers proper, be paid to the allottee as damages for use and occupation.(3)Where in any proceeding under sub-section (2), the Court, at any stage after cognizance of the case has been taken, is satisfied by affidavit or otherwise that-(a)the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of this Act, and(b)the allottee is entitled to the possession of such land, the Court may, summarily, evict the accused from such land pending the final determination of the case, and may put the allottee in possession of such land.(4)Where in any proceeding under sub-section (2), the accused is convicted, the interim order passed under sub-section (3) shall be confirmed by the Court.(5)Where, in any proceeding under sub-section (2), the accused is acquitted or discharged and the Court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land, the Court shall, on the application of such person, direct that delivery of possession be made to him.(6)Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under sub-section (2) may be tried summarily.(7)For the purpose of speedy trial of offences under this section, the State Government may, in consultation with the High Court, by notification, constitute special Courts consisting of an officer not below the rank of Sub-Divisional Magistrate, which shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise, in relation to such offence, the powers of a Judicial Magistrate of the First Class.(8)Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under sub-section (2) shall be cognizable and non-bailable.]
