3. Removal of unlawful occupants
Feedback & supportLast amended by an amending law of 2019. 2 amendments in all.
The Magistrate’s Court shall proceed in a summary way in the presence of the parties, or in case of wilful absence of any person against whom such information has been laid, then in his absence, to hear and determine the information.
In any action commenced under section 2 for the removal of any person in unlawful occupation of State land, the defendant may within such time as may be prescribed by the Rules of Court for the time being in force, apply to the General Division of the High Court for the action to be transferred to the General Division of the High Court on the ground that the defendant is claiming title to the land.
State land
“State land” includes all land contained or referred to in a notification or declaration made under the provisions of section 3 or 5 of the Land Acquisition Act 1966, and published in the Gazette in accordance with those provisions.
On the hearing of any such application, the General Division of the High Court, if it is satisfied that a bona fide claim of title is raised, may make an order for the action to be transferred to the General Division of the High Court.