If occupier ignores the Removal Order, who directs for enforcement?

Section 39 of the PERA Act 2024 governs the enforcement process for immovable encroachments on State property. Once a Removal Order has been issued by the Hearing Officer (HO), the occupier is legally obligated to comply within the stipulated timeframe.

If the occupier ignores the order, the HO has the authority to direct the Enforcement Officer (EO) to take enforcement measures. This ensures that the law is effectively implemented and that State property is protected. The EO’s actions under the HO’s direction may include:

1. 
   

   Demolition or removal of the encroachment.

   
   


2. 
   

   Seizure of related property if necessary to clear the encroachment.

   
   


3. 
   

   Documentation of enforcement actions to maintain accountability and transparency.

   
   

This chain of command ensures a structured, lawful enforcement process. The HO acts as a supervisory authority, reviewing the case and ensuring that all actions comply with the PERA Act 2024 and principles of due process. Direct enforcement without the HO’s direction could be considered unlawful and open to legal challenges.

Moreover, the HO’s involvement guarantees procedural fairness, as the occupier has the opportunity to present representations or comply voluntarily before enforcement measures are executed. This system balances the rights of the occupier with the public interest in protecting State property.

In conclusion, under Section 39 of the PERA Act 2024, if an occupier ignores a Removal Order, the Hearing Officer directs the Enforcement Officer to take necessary enforcement actions, ensuring legal compliance, fairness, and effective protection of State property.