Encroachment or obstruction upon public land

Section 70 of Udaipur Development Authority Act, 2023 deals with encroachment or obstruction upon public land. Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street, shall on conviction, be punished with simple imprisonment which shall not be less than one month but w The Act was enacted on 19 Jul 2023.

(1) Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street, shall on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to two years and with fine which may extend to twenty thousand rupees:

Provided that the court may for any adequate or special reason to be mentioned in the judgment impose a sentence of imprisonment for a term of less than one month.

(2) Whoever makes any obstruction in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street, shall on conviction, be punished with simple imprisonment which may extend to one month or with fine which may extend to two thousand rupees or with both.

(3) The Authority or any officer authorised by it in this behalf shall have power to remove any such obstruction or encroachment and the expenses of such removal shall be paid by the person who had caused the said obstruction or encroachment.

(4) Whoever not being duly authorised in that behalf removes earth, sand or other material from any land or space as aforesaid shall be punished on conviction with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both.

(5) Notwithstanding anything contained in the foregoing provisions, the Authority or the officer authorised by it in this behalf shall, in addition to the action taken as provided in this section, also have power to seize or attach any property found on the land or space referred to in this section or, as the case may be, attached to such land or space or permanently fastened to anything attached to such land or space.

(6) Where any property is seized or attached by an officer authorised by the Authority, he shall immediately make a report of such seizure or attachment to the Authority.

(7) The Authority may make such orders as it thinks fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings, and if the property is subject to speedy and natural decay, or it is otherwise expedient so to do, the Authority may order it to be sold or otherwise disposed of.

(8) Where any property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of any such sale or other incidental expenses relating thereto, shall,-

(a) where no order of confiscation is ultimately passed by the Authority; or

(b) where an order passed in appeal so requires, be paid to the owner thereof or the person from whom it is seized.

(9) Where any property is seized or attached under sub-section (5), the Authority may order confiscation of such property.

(10) No order for confiscation of a property shall be made under sub-section (9), unless the owner of such property or the person from whom it is seized or attached is given-

(a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;

(b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and

(c) a reasonable opportunity of being heard in the matter.

(11) The order of any confiscation under this section shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.

(12) Whenever any property is seized or attached pending confiscation under this section , the Authority or the Tribunal constituted under section 80 of this Act shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, other tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property.

(13) Where any person is prosecuted of an offence under sub-section (1) or subsection (2), the burden of proving that he has not committed the offence shall be on him.

(14) Whoever, being an employee of the Authority, specifically entrusted with the duty to stop or prevent the encroachment or obstruction punishable under this section, wilfully or knowingly neglects or deliberately omits to stop or prevent such encroachment or obstruction, shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both:

Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the previous sanction of the Authority.

(15) No investigation of an offence under this section shall be made by an officer not below the rank of a Deputy Superintendent of Police.

Section 70, Udaipur Development Authority Act, 2023 (Act 23 of 2023).