Orissa Prevention of Land Encroachment Act, 1972
(1) This Act may be called the Orissa Prevention of Land Encroachment Act, 1972.
(2) It shall extend the whole of the State of Orissa.
(3) It shall be deemed to have come into force with effect from the 29th day of October, 1954.
CASE LAWS
Scope of the Act is wider than the objectives mentioned in the Preamble : AIR 1965 SC 1296 : See also AIR 1983 Orissa 114.
Sub-section (13) of Section 3 of the General Clauses Act, 1897 shows that an Act may be published in the Official Gazette on a day but the same may not come into force from that day - Section 5 of the said Act makes it clear that there are two ways of the Laws coming into operation - One way is that in the Law itself it is laid down that it shal
Subject to the provisions of any law for the time being in force, the following classes of lands are hereby declared to be the property to Government for the purposes of this Act, namely:
(a) all public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark and of rivers, streams, nalas, lakes and tanks and all canals and water sources and all standing and flowing water and all lands including temple sites, house sites or backyards wherever situated, save in so far as the same are the property -
(i) of any ruler of Indian State merged with the State of Orissa, Zamindar, Proprietor, Sub-proprietor, Landlord, 1[* * *] Jagirdar, 1[* * *] Khoropshdar or any other tenure holder or any person claiming through or holding under any of the
In this Act, unless the context otherwise required-
(a) "Collector" means the Chief Officer in charge of the revenue administration of a district and shall include an Additional District Magistrate;
5[(a-1) "Landless person" means a person, the total extent of whose land excluding homestead together with lands of all the members of his family who are living with him in common mess, is less than one standard acre and whose total annual income of all the members of his family who are living with him in common mess, does not exceed rupees six thousand and four hundred or an amount which the State Government may, by notification from time to time, specify in that behalf;]
1[(a-2) "homesteadless person" means a person who, together with all the members of his family who are living with him in commo
Any person unauthorisedly occupying any land which is the property of Government shall be liable to pay by way of assessment -
(i) if the land so occupied was at any time assessed to rent, the full assessment for the whole period of occupation or a part thereof proportionate to the area occupied, as the case may be, provided that for special reasons 1[the Tahasildar may impose the full assessment of rent or any lesser sum irrespective of the area occupied; or
(ii) if the land so occupied was not at any time assessed to rent, an assessment on the area occupied calculated for the same period at the rate imposed on lands of a similar description and with similar advantages in the vicinity or when no such prevailing rate exists, in such manner as may be prescribed 4[* * *] :
1[Provided that where
The decision as to the rate of amount of rent assessed under Section 4 shall be recorded in writing and shall not be called in question in any Civil Court.
Subject to the provisions of Section 9, any person liable to pay assessment under Section 4 shall, at the discretion of 2[The Tahasildar] be liable to pay in addition to the assessment by way of penalty a sum calculated at a rate 1[not exceeding one hundred rupees] per acre of land for each year of unauthorised occupation :
3[Provided that where the person liable to pay assessment is a landless person, he shall not be liable to pay any penalty under this section.]
CASE LAW
Action under Section 6 against land under municipal assessment is not legal : AIR 1972 Orissa 132.
2. Substituted by Act 4 of 1975.
3. Added by Act 25 of 1976.
Subject to such conditions as may be prescribed, the Collector may, in suitable cases either reduce or remit the amount payable by way of assessment under Section 4 or the penalty, if any, imposed under Section 6.]
NOTES - The reduction or remission before the omission of the section has been protected. The proceedings which were pending on the date of omission of the Section would continue. This is provided in Section 7 of Orissa Act 25 or 1976 which reads as follows :
“7 Savings - The omission of Section 6-A of the principal Act by this Act shall in no way affect any reduction or remission of any assessment or penalty made under the said section prior to the date of commencement of this Act nor shall it any way affect the proceeding under the section on the said date.
New Section inserted
(1) Any person unauthorisedly occupying land for which he is liable to pay assessment under Section 4 shall be summarily evicted by the 2[Tahasildar] and any crop or other product raised on the land, any encroachments such as a building, other construction or anything deposited thereon shall be liable to forfeiture :
Provided that in case of said encroachments. 1[the Tahasildar] shall give reasonable notice to remove the same.
2[(2) Notwithstanding anything contained in Sub-Section (1) -
(a) where any land is in the unauthorised occupation of a landless person, the Tahsildar may instead of evicting such person from the land in his authorised occupation, settle the same with him, so however, the land so settled with him together with the land excluding homestead, if any owned by him and the la
1[The Tahasildar] may, if he has reasons to believe that any person unauthorisedly occupying any land is constructing or is about to construct any building or other structure thereon, by order, prohibit such person from proceeding with the construction or as the case may be, from constructing such building or structure 2[* * *] and if such person fails to comply with the said order, 1[the Tahasildar] may impose a fine which may extend to fifty rupees and a daily fine of rupees ten for every day during which such non-compliance continues 3[and may also issue a warrant for the arrest of the said person and on his appearance may send him with a warrant in the form appended to Schedule I for imprisonment in the civil jail of the district for a period not exceeding thirty days as may be necessary to prevent the person from proceeding with the construction].
1. Substituted by Act 4 of 19
- (1) Where in the course of any proceeding instituted under Sections 4, 6, 7 or 8 against any person unauthorisedly occupying any land it is proved by such person that he has been in actual, continuous and undisputed occupation of the land for more than thirty years by the date of institution of the proceeding, the Tahasildar shall refer the case to the Sub-divisional Officer.
(2) On receipt of a reference under Sub-sec. (1) the Sub-divisional Officer shall give the Department of the State Government (other than the Revenue Department) to which the land belongs, an opportunity to show cause against the settlement of the land and may make such further enquiry as he deems necessary.
(3) If after making such enquiry the Sub-divisional Officer is satisfied that such person has been in such occupation of the land as aforesaid, he may by or
Before taking proceedings under 3[Section 4], Section 6 or Section 7 2[the Tahasildar] shall cause to be served on the person reported to be in unauthorised occupation of the property of Government, a notice specifying the land so occupied and calling him to show cause before a certain date as to why he should not be proceeded against under 3[Section 4], Section 6 or Section 7. Such notice shall be served in such manner as the Government may, by rules or orders under Section 10, direct.
CASE LAWS
A notice under Section 9 calling upon the person in occupation to show cause why he should not be proceeded under Section 6 or 7 of the Act does not give rise to a cause of action : 30 MLJ 255 : AIR 1924 Mad. 825 : AIR 1925 Madras 415.
But where such notice did not take effect because the authoritie
(1) The State Government may, subject to the condition of previous publication, make rules, orders either generally or in any particular instance -
(a) regulating the rates of assessment leviable under Section 4;
(b) regarding the imposition of penalties under Section 6; and
1[(b-1) prescribing the manner of assessment of market value of land under Section 7;
(b-2) prescribing the conditions regarding assessment and payment of rent under Section 8-A];
(c) regulating the service of notice under this Act.
(2) All rules made under this section shall, as soon as may be after they are made, be laid before the State Legislature for a total period of fourteen days wh
The amount of fine, assessment or penalty, imposed under this Act on any person unauthorisedly occupying any land shall be recoverable from him as arrears of public demand.
CASE LAW
Sales for recovery of penal assessment, if prevails over prior encumbrance : See AIR 1942 Madras 244.
(1) An appeal from any decision or order made under this Act by the Tahasildar shall lie to the Sub-divisional Officer.
(2) The Collector may revise a decision or order made by a Sub-divisional Officer under Sub-sec. (1) 3[or under Section 7 or Section 8-A.]
(3) The 4[Revenue Divisional Commissioner having jurisdiction] may call for and examine the records of any proceedings under this Act before any officer in which no appeal or revision lies and if such officer appears-
(a) to have exercised a jurisdiction not vested in him by law; or
(b) to have failed to exercise a jurisdiction so vested; or
(c) while acting in the exercise of his jurisdiction to have contravened some express provision of law affect
1[(1) * * *]
(2) No appeal shall be brought after the expiry of thirty days from the date of the decision or order complained of and in computing the said period of thirty days the time required to obtain a copy of the decision or order appealed against shall be excluded :
Provided that an appeal may be admitted after the aforesaid period if the appellant satisfied the appellate authority that he had sufficient cause for not preferring the appeal within that period.
1. Omitted by Act 13 of 1982.
Every memorandum of appeal shall be accompanied by the decision or order appealed against or by an authenticated copy of the same.
The State Government may, by order, direct that any power, duties or functions conferred or imposed on a 2[Collector or Sub-Divisional Officer] shall in such circumstances and under such conditions, if any, as may be specified in that order, exercised or discharged by such other officer or authority as may be specified in that order.
2. Substituted by Act 4 of 1975.
Not suit or other legal proceedings in respect of the matter of disputes for determining or deciding which provision is made in this Act shall be instituted in any Court of law except under and in conformity with the provisions of this Act.
CASE LAWS
Suit - Relief of permanent injunction - Interim order passed under the OPLE Act - Plaintiff application to withdraw the suit allowed by Trial Court - Application of the present petitioners for transposing them as plaintiff rejected - Revision also rejected - Writ - Section 16 of the OPLE Act bars the jurisdiction of the Civil Court, had the transposition been allowed at a later stage the suit was bound to be dismissed as not maintainable - Writ not entertainable : Mohammed Nasir v. Jadab Kumar Sahu and six others : 2009 (I) OLR 647.
Defendants c
No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act.
(1) The enactments mentioned in Schedule II are repealed to the extent specified in column 4 thereof.
(2) All things done, liabilities incurred, amounts assessed or penalty or fine imposed, enquiries held, notices served, warrants issued, eviction ordered, forfeiture adjudged under any of the enactments hereby repealed shall, so far as may be, deemed to have been respectively done, incurred, assessed, imposed, held, served, issued, ordered, adjudged and made under this Act.
(3) All rules made under the Orissa Prevention of land Encroachment Act 15 of 1954 shall be deemed to have been made under this Act.
(4) Notwithstanding any judgment order of any Court all proceedings, whether original, appellate or by way of revision, started under the Orissa Prevention of Land Encroachment Act, 15 of 1
(1) The Orissa Prevention of Land Encroachment Ordinance, 1971, is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been ordered or taken under this Act.
[See 7 (6) and (8)]
Form of warrant to be issued by the Tahasildar under Sections 7 or 8
SEAL
To,
The Officer-in-charge of the Civil Jail at .................................... whereas A.B. of ................. has resisted/obstructed C.D. in removing F.E. (or himself, that is, the said A.B.) from certain land in the village of .................. in the .............. mouza has failed to comply with the order issued under Section 8 of the Orissa Prevention of Land Encroachment Act, 1972;
And whereas, it is necessary in order to prevent the continuance of such resistance/obstruction/in order to enforce compliance of the said order to commit the said A,B to close custody.
[Section 18]
Year Number Short title Extent of repeal
(1) (2) (3) (4)
1905 (Madras) III The Madras Land Whole
Encroachment Act
1917 (C.P.) II The Central Provinces Secs. 217 & 219
Land Revenue Act
1936 V The Angul Laws The entry "1947
Regulation XXXIII,The Orissa
Land Encroachment
Act, 1947" in Part VI
of the Schedule.
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