Who can initiate action for removal of moveable encroachment?

Section 38 of the PERA Act 2024 governs the procedure for addressing moveable encroachments on State property. Moveable encroachments are objects, equipment, or structures that unlawfully occupy government-owned land but can be removed without affecting immovable property.

The law specifically empowers the Enforcement Officer (EO) to act against such encroachments. This ensures that enforcement is efficient, systematic, and legally compliant. The EO is responsible for identifying encroachments, issuing notices to the offender, and taking action if the encroachment is not removed voluntarily.

By granting this authority to the EO, the law ensures that enforcement actions are taken promptly without unnecessary delays, which might occur if only courts or other officials could intervene. The EO acts in accordance with documented procedures, maintaining transparency and accountability throughout the process.

Key responsibilities of the EO under Section 38 include:

1. 
   

   Inspecting State property for unauthorized moveable encroachments,

   
   


2. 
   

   Issuing notices or directives to the encroacher to remove items voluntarily,

   
   


3. 
   

   Physically removing or relocating the encroached items if the offender does not comply,

   
   


4. 
   

   Documenting all actions taken for legal and administrative accountability.

   
   

This section ensures State property is protected and public resources are not misused. By giving the EO the authority to initiate removal, the law balances the need for prompt enforcement with procedural fairness, ensuring that all actions are lawful and justified.

In conclusion, under Section 38 of the PERA Act 2024, the Enforcement Officer (EO) is the designated authority to initiate action for removal of moveable encroachments, safeguarding public property and maintaining compliance with legal provisions.