Section 22: Eviction of squatters

22. Eviction of squatters (1) No person shall take possession of, encroach upon, cultivate or put up any building or other structure on any part of any State land 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 State land without any right or authority, shall be deemed to be a squatter. (3) Where the Minister is satisfied that there is a squatter on State land, 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 land or any building or other structure on the land. (5) (a) 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— (i) in the case of a person who has put up a building or other structure on State land, to imprisonment for a term not exceeding 5 years; (ii) in any other case, to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 12 months. (b) Any person who incites another person to take possession of, encroach upon, cultivate or put up any building or other structure on any part of any State land without the express authorisation in writing of the Minister, shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding 5 years. S34 – 7 [Issue 1] State Lands Act (c) The Probation of Offenders Act shall not apply to a conviction under this subsection. (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 from any land occupied by him, and cause any building or other structure existing on the land to be demolished. (7) Where a squatter who has been removed from State land re-occupies it, or occupies other State land 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 nor more than 3 years. (8) Subsection (7) shall be without prejudice to the right of the Minister to remove the squatter from the land, or to cause a building or other structure put up by him to be demolished. (9) Where a 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, upon his application and upon payment by him of a reasonable sum 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 State land shall be prima facie evidence that the land is State land. (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 edings is State land shall be prima facie evidence that the land is State land. (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. 22 amended by Act 6 of 1986; reprinted by Reprint 4 of 1986; Act 48 of 1991.] 23. —