Amendment status not verified — confirm the current text below against the official source.
Inserted vide H.P. Act No. 25 of 2009. THE HIMACHAL PRADESH LAND REVENUE ACT, 1954 67 further be extended upto three months for the reasons to be recorded in writing], in the manner prescribed; (b) if the encroacher has erected any building or other structure or has planted trees on the encroached land, the same shall, in the prescribed manner, vest in the State Government free from all encumbrances: Provided that if the building or structure attachments thereto are situated partly in the owned land of the encroacher and partly on the encroached land, the Revenue Officer shall be competent to demolish the portion of the building or structure on the encroached land if the encroacher fails to demolish it himself as ordered by the Revenue Officer; and (c) the Revenue Officer shall impose upon the encroacher a fine upto Rs. 1[20,000/- or the prevalent market value of the land, whichever is higher] per bigha or part thereof, which shall be recoverable, as if it were an arrear of land revenue. (2) If a person who has been evicted from any land under this section again occupies the land without authority for such occupation, he shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to 2[fifty thousand rupees or double the prevalent market value of the land, whichever is higher] rupees or with both: Provided that no court shall take cognizance under this sub-section of an offence unless a report in writing is made by a Revenue Officer not below the rank of Assistant Collector First Grade.] 3[(3) When there is a question as to title or to the adverse possession, wherein the possession is claimed by an encroacher for a period beyond thirty years in relation to the land from which ejectment is made or is to be made under this section, the Revenue Officer, not below the rank of an Assistant Collector of the First Grade, 4[may proceed] to determine the question, as if he were a civil court and shall exercise all such powers as are exercisable by a civil court. (4) For the determination of the question under sub-section (3), the Revenue Officer shall follow the same procedure as is applicable to the trail of an original suit by a civil court, and he shall record a judgement and decree containing the particulars required by the Code of Civil Procedure, 1908 (5 of 1908) to be specified therein.