Amendment status not verified — confirm the current text below against the official source.
Substituted by the Act No.33 of 2007, S.25 (w.e.f. 14-12-2007) encroachment before the date specified in the notice should not be made. A copy of the notice shall also be sent to the trustee of the institution or endowment concerned. (3) The notice referred to in sub-section (2) shall be served in such manner as may be prescribed. (4) Where after considering the objections, if any, of the encroacher received during the period specified in the notice referred to in sub-section (2) and after conducting such enquiry as may be prescribed, the the 1 [Endowments Tribunal] is satisfied that there has been an encroachment, 2 [it] may, by order, require, the encroacher to remove the encroachment and deliver possession of the land or building or space encroached upon to the trustee before the date specified in such order. (5) The order of the 1[Endowments Tribunal] under sub-section (4) shall be in writing and shall contain the grounds on which he has passed the order. (6) During the pendency of the proceedings, the 1[Endowments Tribunal] shall order the encroacher to deposit such amount as may be specified by 3[it] in consideration of the use and occupation of the properties in question in the manner prescribed. 4[84. Mode of eviction on failure of removal of the encroachment as directed by the Endowments Tribunal - (1) Where within the period specified in the order under sub-section (4) of section 83, the encroacher has not removed the encroachment and has not vacated the land, building or space, the Assistant Commissioner having jurisdiction over the sub-division may remove the encroachment and obtain possession of the land, building or space, encroached upon, taking such police assistance as may be necessary. Any Police Officer whose help is required for this purpose shall be required to render the necessary help to the Assistant Commissioner. (2) Nothing in sub-section (1) shall prevent any person aggrieved by order of the Endowments Tribunal under sub-section (4) of section 83 from instituting preferring an appeal before the High Court to establish that the charitable or religious institution or endowment has no title to the land, building or space: Provided that no appeal shall be preferred after expiry of ninety days from the date of receipt of the order under sub-section (4) of section 83: Provided further that no such appeal shall be preferred by a person who is let into the possession of the land, building or space, or who is a lessee, licencee or mortgagee, of the institution or endowment.] 5[85. Encroachment by group of persons on land belonging to charitable and religious institutions and their eviction–(1) Where the Deputy Commissioner knows or has reason to believe that a group or groups of persons, without any entitlement and with the common object of occupying any land, which is the property belonging to charitable or religious institution or endowment, are occupying or have occupied any such land and if such group or groups of persons have not vacated the land on demand by the Deputy Commissioner or any officer authorized by him in this behalf, he shall make an application to the Endowments Tribunal having jurisdiction over the area in which the institution or endowment is situated for eviction of encroachers. (2) Where, in any proceedings taken under this section, or in consequence of anything done under this section, a question arises as whether any land is the property of the charitable or religious institution or endowment,