CHAPTER XII

EVICTION

(Section 75(d) of the Indian Forest Act.)

 

Eviction 8. (1)

The Chief Conservator of Forest and the Forest Officer in-charge of the Divisions, will have power to evict summarily any person who occupies or continues to occupy any land under the control of the Forest Department without lawful authority. The person who occupies or continues to occupy forest land without authority shall be regarded as a trespasser/encroacher and any building or other construction erected or anything deposited on such authority may from time to time fix for the purpose, shall be liable to be forfeited to the Government and to be disposed of in such a manner as may be deemed suitable.

 

Provided that such authority may, in lieu of ordering the forfeiture of any such building or construction, order the demolition of the whole or any part thereof and cause the demolition to be made.

 

    (2) Such tress-passer /encroacher may also be liable to the penalty as prescribed in Section26 of the Act in case of Reserved Forests or in Section 33 in case of the protected Forests. With regard to other types of  lands/Forests \under the control of the Forest Department, the trespasser will be liable to penalty as prescribed under Section 77 of the Act.

 

    (3) In case of resistance by the encroachers/trespassers, the Chief Conservator of Forests/Officer in-charge of the Divisions will bring the matter to the notice of the Deputy Commissioner who shall render to the Forest officer concerned, necessary assistance through Police or other agencies in order to evict the trespassers/encroachers by force.

 

    (4) For taking action under the foregoing sub-paragraphs of this chapter, the authority concerned shall give the trespasser/encroachers a reasonable opportunity to be heard by serving a notice upon him or his agent. Where the said authority satisfied that there is reason to believed that the trespasser/encroachment is keeping out of the way for the purpose of avoiding service of the notice or that for any other reason the notice cannot be served in the ordinary way, the said authority may order the notice to be served by affixing a copy thereof in some conspicuous place in his office and also upon some conspicuous part of the part of the land which is under encroachment/trespasser or in such other manner as the said authority thinks fit.

 

    (5)

Appeal against any order of the Forest Officer in-charge of the Divisional will be with the Chief Conservator of Forests. Appeal against any order of the Chief Conservator of Forests will be with the Government in the Forest Department. The appeal shall be preferred by the aggrieved party within 30 days of the cause of action.