Panchayat:Repo18/Law Manual Page0597

recovery of the amount under sub-rule (2) or sub-rule (3) within fifteen days after the receipt of the notice.

(5) After detailed examination of the objection to the notice mentioned under sub-rule (4) by the Panchayat, if it appears that the objection is not satisfactory, the Secretary shall reject the objections and issue a demand notice to the unauthorised occupant with direction to remit the amount to the Panchayat within fifteen days on receipt of intimation of the rejection.

(6) If any amount payable under sub-rule (2) or sub-rule (3) is refused or defaulted to pay within the period specified in the notice under sub-rule (5) such amount may be recovered from the defaulter in the same manner as if it was a tax due to the Panchayat.

4. Eviction of unauthorised occupants.—

The Panchayat shall have absolute authority to evict unauthorised occupants from the land belonging to or vested with the Panchayat, besides the procedure provided under sub-rules (2) to (6) of Rule 3. On such eviction if any building, crops or other products, raised on the land unauthorisedly occupied by the occupant that shall be forfeited to the Panchayat and the unauthorised occupant shall have no right over them.

5. Procedure for eviction.-

(1) The Panchayat shall serve fifteen days' notice to the occupant before evicting that person from the land belonging to or vested with the Panchayat. A brief description of land unauthorisedly occupied and the reason for eviction shall be specially mentioned in that notice.

(2) The Panchayat shall examine the objection if any, received, to the notice mentioned under sub-rule (1). If it appears to the Panchayat that the objection is not satisfactory or the matters stated therein are unsustainable in law, a second notice shall be served to the occupant and he shall be required therein to vacate the unauthorisedly occupied land within one week after the receipt of the notice.

(3) If the unauthorised occupant is not vacating even after the receipt of notice mentioned under sub-rule (2) the Panchayat may evict such person and if assistance of police is required for this purpose the assistance of police may be sought under sub-section (1) of Section 352 of the Act and the police shall provide assistance.

NOTES

When the power to evict unauthorised occupant is a statutory function of the Panchayat there is no meaning in contending that the Panchayat cannot act as an arbiter in its own cause. That is a quasijudicial power conferred on the Panchayat. In fact the Panchayat acts as the appellate authority in many matters as per the powers conferred by the Act. Moreover other similar statutes confer on the Government and other authorities of the State the power to evict unauthorised occupant from their own properties. Panchayat properties being public properties, there is no infirmity in conferring the power to protect such properties from unauthorised occupation on the Panchayat. (Para 12). The power to evict unauthorised occupation from property of the Panchayat is concurrently vested with the Government and the Panchayat both. There is no exclusion of this power of the Panchayat and conferring of exclusive jurisdiction on the Government in the matter of eviction of unauthorised occupation from land belonging to the Panchayat. As per the Panchayat Raj (Removal of Encroachment and imposition and Recovery of Penalty for Unatuthorised Occupation) Rules, there need not be a notice issued to the tenants for eviction. It will serve the purpose if the landlord has been put to notice regarding the encroachment and the landlord is convinced about the encroachment. Tenants do not have such right to get notice. - Saidalavi Haji N. N. and Others v. Secretary, Tanur Grama Panchayath and Others - 2009 (2) KHC 143.vi e r DOUG OHUST

Explanatory Note

This does not form part of the Notification, but is intended to indicate its general purport.) Clause (xxix) of sub-section (2) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) empowers the Government to make Rules regarding the imposition and recovery of penalty for unauthorised occupation of any land or public pathway belonging to or vested in any Grama Panchayat and the recovery of compensation for any loss caused due to such occupation. The Government have decided to make such rules. This notification is intended to achieve the above object.