What must Enforcement Officer do first when he finds immovable encroachment?

Under Section 39 of the PERA Act 2024, immovable encroachments, such as unauthorized constructions on State property, require careful handling due to their permanent nature and potential legal implications. When an Enforcement Officer (EO) identifies such an encroachment, the law explicitly mandates that the first step is to report the encroachment to the Hearing Officer (HO).

The purpose of this reporting requirement is to ensure legal oversight, procedural fairness, and accountability. Unlike moveable encroachments, which the EO can often address directly under Section 38, immovable encroachments involve permanent property and may affect legal rights of the occupier. Therefore, direct action such as demolition or sealing without a formal review could be challenged in court or considered unlawful.

The process under Section 39 includes:

1. 
   

   Identification and documentation – The EO notes the encroachment, photographs it, and records relevant details.

   
   


2. 
   

   Submission of report to HO – The EO sends the report to the Hearing Officer for review.

   
   


3. 
   

   Hearing Officer decision – The HO reviews evidence, hears any representations from the occupier, and decides whether a Removal Order should be issued.

   
   


4. 
   

   Execution of Removal Order – Only after the HO’s order can the EO take action such as demolition or other enforcement measures.

   
   

This structured process ensures that enforcement is transparent, accountable, and compliant with the law, protecting both public property and the legal rights of the encroacher.

In conclusion, under Section 39 of the PERA Act 2024, when an EO finds an immovable encroachment, his first duty is to report the encroachment to the Hearing Officer (HO). This step ensures all subsequent enforcement actions are lawful, fair, and properly supervised.