67. Power to prevent damages, misappropriation and wrongful occupation of [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] properties.
(1)Where any property entrusted or deemed to be entrusted under the provisions of this Code to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority is damaged or misappropriated, or where any [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the [Assistant Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] concerned in the manner prescribed.(2)[ Where from the information received under sub-section (1) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated, or any person is in occupation of any land referred to in that sub-section in contravention of the provisions of this Code, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land.] [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.](3)If the person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time as the [Assistant Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] may allow in this behalf, or if the cause shown is found to be insufficient, the [Assistant Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] may direct that such person shall be evicted from the land, and may, for that purpose, use or cause to be used such force as may be necessary, and may direct that the amount of compensation for damage or misappropriation of the property or for wrongful occupation as the case may be, be recovered from such person as arrears of land revenue.(4)If the [Assistant Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2), he shall discharge the notice.(5)Any person aggrieved by an order of the [Assistant Collector] [Substituted 'Sub-Divisional Officer' by U.P. Act No. 4 of 2016, dated 11.3.2016.] under Sub-section (3) or Sub-Section (4), may within thirty days from the date of such order, prefer an appeal to the Collector.(6)Notwithstanding anything contained in any other provisions of this Code, and subject to the provisions of this section every order of the Sub-Divisional Officer under this section shall, subject to the provisions of sub-section (5) be final.(7)The procedure to be followed in any action taken under this section shall be such as may be prescribed.Explanation. - For the purposes of this section, the word "land" shall include the trees and building standing thereon.
