Section 41(1) in The Goa, Daman and Diu Land Revenue (Disposal of Government Lands) Rules, 1971
(1)Subject to the proviso to section 38 and sub-rule (2) of this rule, the Collector may, if the person making the encroachment so desires, grant the land encroached upon to the encroacher either in occupancy rights under section 20 read with section 21 or in leasehold rights under section 26 on the following among other conditions, that is to say-(a)Conditions for grant of encroached lands in occupancy rights. -(i)that the encroacher shall pay assessment for the entire period of encroachment and fine as required by sub section (2) of section 37;(ii)that the encroacher shall pay such penal occupancy price not exceeding five times the value of the land, as the Collector may in his discretion fix, subject to the minimum of two and half times the ordinary occupancy price, if the encroacher does not belong to a backward class; and subject to rule 43, equal to the ordinary occupancy price if he belongs to a backward class;(iii)that the land shall not be used for any purpose other than that for which it is granted without the permission of the Collector;(iv)that the encroacher shall execute an agreement in Form XIV.(b)Conditions for grant of encroached land in Lease-hold rights.-(i)that the lease will be for a period of thirty years with retrospective effect from the date of the encroachment;(ii)that the lessee shall agree in writing to pay annual rent at not less than 15 per cent and not more than 25 per cent of the occupancy price of the encroached land;(iii)that the lessee shall agree to pay such fine for the unauthorised occupation of the encroached land, as the Collector may determine under sub-section (2) of section 37;(iv)that the lessee shall agree to vacate the encroached land without compensation if the unauthorized structures are, in the opinion of the Collector, substantially altered during the currency of the lease;(v)that the land shall not be used for any purpose other than that for which it is granted without the permission of the Collector;(vi)that the lessee shall execute an agreement in Form XV.
