APLEA Section 5 : Liability of Person Unauthorisedly Occupying Land to Penalty, After Notice

Explanation using Example

Example 1: Unauthorized Occupation of Assessed Land

Introduction: Ramesh, a farmer in Andhra Pradesh, has been using a piece of government land adjacent to his farm for growing crops without any formal permission. This land is assessed, meaning it has a designated tax value.

Application: According to Section 5(i) of the Andhra Pradesh Land Encroachment Act, 1905, Ramesh is liable to pay a penalty for unauthorized occupation. Since the land is assessed, the penalty could be up to five rupees or ten times the annual assessment, whichever is higher, if the occupation exceeds one year.

Outcome: If Ramesh's occupation is found to be unauthorized for over a year, the Collector or Tahsildar may impose a penalty. Ramesh must also pay the regular assessment fee under Section 3. Failure to comply could lead to further legal action or eviction.

Conclusion: Ramesh should seek formal permission or vacate the land to avoid penalties. Understanding the legal requirements helps prevent financial and legal repercussions.

Example 2: Unauthorized Occupation of Unassessed Land

Introduction: Sita, a local entrepreneur, sets up a temporary stall on unassessed government land to sell goods during a festival. The land has no designated tax value.

Application: Under Section 5(ii) of the Andhra Pradesh Land Encroachment Act, 1905, Sita is liable t...

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