sec.74Unauthorised building etc. within State forest etc.

### sec.74 Unauthorised building etc. within State forest etc. When any building, hut, tramline, fence, dam, weir, standing crop, or any other thing, or any property that appears to have been abandoned, is found within a State forest, timber reserve or forest entitlement area and— the owner or occupier thereof does not on demand produce any lease, licence, permit, or other authority therefor; or after reasonable enquiries made by a forest officer or plantation officer the owner or occupier thereof can not be ascertained or can not be found; then on the hearing of the complaint by a forest officer or plantation officer acting with the authority of the chief executive, any Magistrates Court may fix a time within which such building, hut, tramline, fence, dam, weir, crop, or other thing, or that property, shall be removed. If such removal is not effected within the time so fixed, such building, hut, tramline, fence, dam, weir, crop, or other thing, or that property, shall become the property of the Crown and may be disposed of or otherwise dealt with as the chief executive may direct. In any case where after such enquiries by a forest officer or plantation officer as aforesaid an owner or occupier has not been ascertained or has not been found, the order of the Magistrates Court fixing the time for removal of the building, hut, tramline, fence, dam, weir, crop, or other thing, or the property, shall, within a period fixed by the court for that purpose, be posted on some conspicuous part of the land on which the building, hut, tramline, fence, dam, weir, crop, or other thing, or the property, is situated and no other service or publication of that order need be made or given. In this section— owner , in relation to property that has been abandoned, means the person who was the owner of the property immediately before the property was abandoned. s 74 amd 1968 No. 33 s 37 ; 1974 No. 33 s 18 ; 1982 No. 73 s 54 ; 1991 No. 13 s 20 ; 1992 No. 15 s 13 sch ; 2000 No. 26 s 12 sch 1 ; 2010 No. 12 s 57A (sec.74-ssec.1) When any building, hut, tramline, fence, dam, weir, standing crop, or any other thing, or any property that appears to have been abandoned, is found within a State forest, timber reserve or forest entitlement area and— the owner or occupier thereof does not on demand produce any lease, licence, permit, or other authority therefor; or after reasonable enquiries made by a forest officer or plantation officer the owner or occupier thereof can not be ascertained or can not be found; then on the hearing of the complaint by a forest officer or plantation officer acting with the authority of the chief executive, any Magistrates Court may fix a time within which such building, hut, tramline, fence, dam, weir, crop, or other thing, or that property, shall be removed. (sec.74-ssec.2) If such removal is not effected within the time so fixed, such building, hut, tramline, fence, dam, weir, crop, or other thing, or that property, shall become the property of the Crown and may be disposed of or otherwise dealt with as the chief executive may direct. (sec.74-ssec.3) In any case where after such enquiries by a forest officer or plantation officer as aforesaid an owner or occupier has not been ascertained or has not been found, the order of the Magistrates Court fixing the time for removal of the building, hut, tramline, fence, dam, weir, crop, or other thing, or the property, shall, within a period fixed by the court for that purpose, be posted on some conspicuous part of the land on which the building, hut, tramline, fence, dam, weir, crop, or other thing, or the property, is situated and no other service or publication of that order need be made or given. (sec.74-ssec.4) In this section— owner , in relation to property that has been abandoned, means the person who was the owner of the property immediately before the property was abandoned. - (a) the owner or occupier thereof does not on demand produce any lease, licence, permit, or other authority therefor; or - (b) after reasonable enquiries made by a forest officer or plantation officer the owner or occupier thereof can not be ascertained or can not be found;