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[Cites 0, Cited by 4] [Section 198A] [Entire Act]

State of Uttar Pradesh - Subsection

Section 198A(1) in The U.P. Zamindari Abolition and Land Reforms Act, 1950

(1)Where any person is admitted as a bhumidhar with non-transferable rights of any land, under Section 195, or as an asami of any land, under Section 197, (such person hereinafter referred to in this section as the allottee) or where any land is let out to any person by the State Government (such person hereinafter referred to in this section as the lessee) and any person other than the allottee or lessee 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 or lessee, as the case may be, put him in possession of such land and may, for that purpose, use or cause to be used such force as he considers necessary.[(1-A) Where any person, after being evicted under sub-section (1), reoccupies the land or any part thereof without lawful authority, the Assistant Collector shall, without prejudice to the proceeding under sub-section (2), direct such person to pay such damages to the allottee as he thinks fit considering the location and potentiality of the land and such other factors as may have bearing on the subject:Provided that the amount of the damages shall not be less than five thousand rupees [and more than] [Substituted by U.P Act No. 30 of 1975.] fifteen thousand rupees per hectare per year.(1-B) A person aggrieved by an order of the Assistant Collector under subsection (1-A) may, within thirty days of such order, prefer an appeal before the Collector in such manner as may be prescribed and the order of the Collector shall be final.(1-C) If the person directed to pay damages by the Assistant Collector under sub-section (1-A) or, by the Collector if an appeal is preferred under sub-section (1-B), fails to pay the same within the time fixed by the Assistant Collector or the Collector, as the case may be, it shall be recovered as arrears of land revenue and paid to the allottee.]