What must EO issue before taking action against an encroacher?

Section 38 of the PERA Act 2024 governs the legal procedure for addressing moveable encroachments on State property. A key principle of enforcement under this section is that the Enforcement Officer (EO) must issue a Removal Notice/Order before initiating any physical action against the encroacher.

The Removal Notice serves multiple purposes:

1. 
   

   Legal compliance – Ensures that any enforcement action taken is lawful and documented.

   
   


2. 
   

   Opportunity for voluntary compliance – Gives the encroacher a chance to remove the encroachment voluntarily, avoiding unnecessary escalation or conflict.

   
   


3. 
   

   Transparency and accountability – Documents the EO’s action, ensuring that the process can be reviewed by supervisory authorities such as the Sub Divisional Enforcement Officer (SDEO) or Hearing Officer (HO) if needed.

   
   

After issuing the Removal Notice/Order, the EO may proceed to remove, confiscate, or take other enforcement measures if the offender fails to comply within the prescribed timeframe. This ensures that enforcement under the PERA Act is proportionate, fair, and legally defensible.

The issuance of a Removal Notice is critical for protecting the rights of the public and the offender while maintaining the State’s authority over its property. It also complements other enforcement provisions, such as issuing Environmental Protection Orders (EPOs) under Section 35 and reviewing actions under Section 36, creating a structured and accountable enforcement system.

In conclusion, under Section 38 of the PERA Act 2024, the Enforcement Officer (EO) must issue a Removal Notice/Order before taking action against an encroacher, ensuring compliance, accountability, and fairness in the enforcement process.