Section 18 in Haryana Urban Development Authority Act, 1977
18. [ Power to evict persons from premises/land of [Pradhikaran] [Substituted by Haryana Act 23 of 2003.] or building constructed thereon.
(1)If the Collector or any officer authorised by him is satisfied-(a)that any person authorised to occupy any premises of the [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] has -(i)not paid rent lawfully due from him in respect of such premises for a period of more than two months; or(ii)sublet, without the permission of the Estate Officer, the whole or any part of such premises; or(iii)otherwise acted in contravention of any of the terms expressed or implied, under which he is authorised to occupy such premises; or(b)that any person is in unauthorized occupation of any land of the [Pradhikaran] [Substituted 'Authority' by Haryana Act No. 28 of 2019, dated 2.8.2019.] or building constructed thereon -the Collector or any officer authorised by him may, notwithstanding anything contained in any law, for the time being in force, by notice served by post and if a person avoids service, or is not available for service of notice, or refuses to accept notice, then by affixing a copy of it on the outer door or some other conspicuous part of such premises/land or building or in such other manner as may be prescribed, call upon any person, who has committed a breach of the provisions of this Act or the rules framed thereunder, to vacate the said premises/land or building constructed thereon or demolish unauthorised construction and to appear and show cause why he should not be ordered to restore to its original state or to bring it in conformity with the provisions of this Act or the rules framed thereunder, as the case may be, and if such person fails to show cause to the satisfaction of the Collector or any officer authorised by him within a period of seven days, the Collector or any officer authorised by him shall pass an order requiring him to vacate such premises/land or building constructed thereon or demolish unauthorised construction and restore to its original state or to bring it in conformity with the provisions of this Act or the rules framed thereunder, as the case may be, within a further period of seven days.(2)If the order made under clause (a) or clause (b) of sub-section (1) is not carried out, within a specified period, the Collector or any officer authorised by him at the expiry of the period of this order, shall evict, that person from, and take possession of, the premises/land or building constructed thereon and shall for that purpose use such force as may be necessary and the cost incurred on such measures shall, if not paid on demand, being made to him, be recoverable from such person as arrears of land revenue.(3)Even before the expiry of the period of seven days mentioned under sub-section (1), if the Collector or such officer authorised by him is satisfied that instead of vacation of premises/land or building constructed thereon or demolition of unauthorised construction, as the case may be, the person continues with the contravention, the Collector shall himself or any officer authorised by him take such measures as may appear necessary to give effect to the order and the cost of such measures shall, if not paid on demand, being made to him, be recoverable from such person as arrears of land revenue.(4)If a person, who has been ordered to vacate any premises under sub- clause (i) or sub-clause (iii) of clause (a) of sub-section (1), within a period of seven days of the date of service of the notice, pays to the Estate Officer the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the Collector or any officer authorised by him, as the case may be, the Collector or any officer authorised by him shall cancel his order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served upon him.] [Subsections 8 and 9 added by Haryana Act No. 11 of 2004.](5)[ The Estate Officer, or officer authorized by him may,-(i)confiscate any articles or material found in the premises or public place, rehri parked at any public place, any articles or materials in the corridors of the shops, pavements, parking areas, parks, open spaces, road berms or any other public places;(ii)grant permission in writing, on such conditions as may be approved by him for the safety or convenience of persons passing by, or dwelling or working in the neighbourhood, and withdraw the permission, to any person to -(a)take up or alter the pavement or other materials for the fences of posts of any public street;(b)deposit or cause to be deposited building materials, goods for sale, or other articles on any public street;(c)make any hole or excavation on, in or under any street; or remove materials from beneath any street, so as to cause risk of subsidence; or(d)erect or set up any fence, post, stall or scaffolding in any public street,and may charge fees according to a scale to be approved by him for such permission.(6)Whoever does any of the acts mentioned in sub-section (5) without the written permission of the Estate Officer or any officer authorized by him, shall be punishable with a fine which shall not be less than two hundred rupees and more than two thousand rupees and the Estate Officer or the officer authorized by him may, -(i)after reasonable opportunity has been given to the owner to remove his material and he was failed to do so, remove or cause to be removed by the police, or any other agency, any such movable encroachments or overhanging structures and any such material, goods or articles of merchandise and any such fence, pot, stall or scaffolding;(ii)take measure to restore the public places to the conditions it was in before any such alteration, excavation, encroachment or damage.(7)If the material specified in clause (i) of sub-section (6) has not been claimed by the owner within a fortnight of its having been deposited for safe custody by the Estate Officer, or if the owner fails to pay the actual cost of removal or deposit in safe custody, the Estate Officer may have the material sold by auction at the risk of the owner, and the balance of the proceeds of such sale shall after deduction of the expenditure incurred by the Estate Officer be paid to the owner, or if the owner cannot be found, or refuses to accept payment, the balance shall be kept in deposit by the Estate Officer until claimed by the person entitled thereto, and if no claim is made within two years, the Estate Officer may credit the amount to the fund of [Pradhikaran] [Subsections 5, 6 and 7 added by Haryana Act No. 41 of 2008.].Explanation. - For the purposes of this section `movable encroachment' included a seat or settee, and `movable overhanging structure' includes an awning of any materials.]
