Section 24: Eviction of squatters

24. Eviction of squatters (1) Notwithstanding any other enactment, but subject to 24A, no person shall take possession of, encroach upon, cultivate or put up any building or other structure on any part of any Pas Géométriques without the express authorisation in writing of the Minister. (2) Every person who fails to comply with subsection (1) or who is a person in occupation of Pas Géométriques without any right or authority shall be deemed to be a squatter. (3) Where the Minister is satisfied that there is a squatter on Pas Géométriques, he may cause a notice to be issued calling upon him to vacate the land within a delay to be specified in the notice. (4) A notice issued under subsection (3) shall be served on the squatter in person or, where the squatter cannot be traced or served with the notice within 48 hours of its issue, posted up in a conspicuous place on the Pas Géométriques or any building or other structure on the Pas Géométriques. (5) Where a squatter fails to comply with a notice served on him or posted up in accordance with subsection (4), he shall commit an offence and shall, on conviction, be liable to pay a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding 3 months. (6) Subject to subsection (3) and notwithstanding subsection (5), the Minister may, with the assistance of a police officer, cause a squatter to be removed immediately from any Pas Géométriques occupied by him and cause any building or other structure existing on the Pas Géométriques to be demolished. (7) Where a squatter who has been removed from any Pas Géométriques reoccupies the Pas Géométriques or occupies any other Pas Géométriques without the express authorisation in writing of the Minister, he shall commit an offence and shall, on conviction, be liable to a fine of 5,000 rupees and to imprisonment for a term which shall not be less than one year or more than 3 years. (8) Subsection (7) shall be without prejudice to the right of the Minister to remove the squatter from the Pas Géométriques or to cause any building or other structure put up by him to be demolished. (9) Where any building or other structure is demolished pursuant to this section, such part of the materials as are still in good or usable condition shall be kept by the Minister and returned to the squatter on his application and on payment by him of a reasonable sum of money calculated to defray the expenses of demolition. (10) In any proceedings under this section, a certificate from the Chief Surveyor that land which is the subject matter of the proceedings is Pas Géométriques shall be prima facie evidence that the land is Pas Géométriques. P1 – 9 [Issue 6] Pas Géométriques Act (11) No action for damages or otherwise shall lie against the Minister or any person acting under his authority in respect of anything done under this section except where the person evicted or the person whose building or structure was demolished was in possession of an authority in writing from the Minister to occupy the land or to put up the building or other structure on the land or was lawfully in occupation of the land. [S. 24 reprinted by Reprint 5 of 1986; amended by Act 7 of 1986; Act 35 of 1989.]