Cost of enforcement not paid by illegal occupier shall be recovered as:

Section 38 of the PERA Act 2024 not only prescribes the procedure for removal of moveable encroachments but also outlines the mechanism for recovering enforcement costs. When the Enforcement Officer (EO) takes action against illegal occupiers by removing encroachments, sealing premises, or confiscating goods, certain costs are incurred in the process. These costs include manpower, logistics, storage of confiscated items, and other administrative expenses.

If the occupier fails to pay these enforcement costs voluntarily, the law provides a clear recovery mechanism. The unpaid enforcement costs are treated as arrears of land revenue, which means they are legally enforceable in the same way as government dues and can be recovered through the revenue collection system. This ensures that the State recovers its costs and discourages illegal occupation or non-compliance.

Recovering enforcement costs as arrears of land revenue also ensures:

1. 
   

   Legal authority – Provides statutory backing for recovery.

   
   


2. 
   

   Priority in collection – Recovery is prioritized alongside other government revenue dues.

   
   


3. 
   

   Accountability – Creates a clear paper trail for all enforcement actions.

   
   

This provision complements the broader enforcement framework of the PERA Act, ensuring that actions like issuing EPOs, converting them to Absolute Orders, or removing encroachments are effective and financially sustainable. It also reinforces compliance, as occupiers are aware that ignoring enforcement costs will result in mandatory recovery through official revenue channels.

In conclusion, under Section 38 of the PERA Act 2024, if the illegal occupier fails to pay enforcement costs, these costs are legally recovered as arrears of land revenue, ensuring accountability, State property protection, and effective enforcement of the law.