Section 15 in The Orissa Prevention of Land Encroachment Rules, 1985
15. Manner of settlement of encroached land under Section 7.
(1)Before the Tahasildar proceeds with the settlement of unauthorisedly occupied land under Sub-section (2) of Section 7 for agricultural or for homestead purpose, he shall publish a proclamation in Form "J" inviting objections, if any, fixing a date for hearing of objections.(2)Such proclamation shall be published by beat of drums and by affixing a copy of the same at a conspicuous place in the village in which the land is situated in the presence of not less than two persons. If the village is uninhabited, the notice shall be published in the aforesaid manner in the nearest inhabited village. A copy of the proclamation shall be published by affixing in the Notice Board of the Tahasil Office and a copy thereof shall also be sent to the Grama Panchayat, Notified Area Council/Municipality/ Special Planning Authority, or the Development Authority as the case may be, under which the land is situated.(3)On expiry of a period of fifteen days from the date of publication of the proclamation in the village and after hearing the objection, if any and after conducting such enquiry as he may consider necessary, the Tahasildar shall record a finding stating whether the land can be settled in favour of the encroacher under the Act. If the Tahasildar comes to a finding that the land cannot be settled for the encroacher is not entitled to settlement he shall proceed to evict the encroacher as prescribed under the Act.(4)If the Tahasildar comes to a finding that the land can be settled if the encroacher is entitled to settlement under the Act, he shall make an order granting such settlement and issue an intimation slip in Form "F" in the name of the person concerned and shall cause correction of the record-of-rights in his office and in the office of the Revenue Inspector as well.(5)If the encroached land is situated within an urban area the Tahasildar shall record his finding in the case record and on being satisfied that there is no prima facie objection, he shall direct the encroacher to file an affidavit in Form "E" if not a already filed, to the effect that neither he nor any member of his/her family living with him in common mess owns a house or house-site anywhere in the State except in respect of the land required for beneficial enjoyment of a holding as mentioned under Sub-clause (ii) of Clause (b) of the second provision to Sub-section (2) of Section 7. Thereafter he shall send the case record to the concerned Sub-divisional Officer, who shall, on receipt of the same, order the encroacher to pay the assessment/penalty and fine, if any, already levied or imposed by the Tahasildar and shall determine the market value which shall be the same as has been fixed for the urban- area under Rule 8 of the Orissa Government Land Settlement Rules, 1983 :Provided that Government may direct a lower market value to be paid by a specified class of persons.(6)Thereafter, the Sub-Divisional Officer shall order settlement of the land and send the case record to the Collector of the district for confirmation.(7)If the Collector is satisfied on scrutiny of the case record that the procedure prescribed under the Act and these rules have been observed he shall confirm the order of the settlement passed by the Sub-Divisional Officer in the same case record. If he is not satisfied about the procedure followed or he considers that the land cannot be settled or the encroacher is not entitled to settlement under the Act, he shall send back the case record to the Tahasildar through the Sub-Divisional Officer, for effecting eviction of the encroacher.(8)In all cases where settlement is granted, the Sub-Divisional Officer shall direct the encroacher to pay the market value so determined by a date not later than ninety days from the date of order in one or more instalments to be fixed by him. If the market value is not paid within the period fixed by the Sub-Divisional Office he shall send back the case record to the Tahasildar for effecting eviction of the encroachment. After the market value is paid an intimation slip in Form "F" shall be issued by the Tahasildar in the name of person with whom the land is settled and ensure demarcation of land and correction of the record-of-rights in his office and in the office of Revenue Inspector as well. The land ordered for settlement under Sub-rule (4) and (7) shall be recorded in such status as are applicable-to the tenure of similar land in the vicinity for similar purposes under the same terms and conditions which are applicable to such tenures.If use of the land is non-agricultural and it is to be recorded under pattadari or similar other status, the encroacher shall be required to execute an agreement containing such terms and conditions as are fixed by the Government for similar lands in the locality to which the land belongs.
