Who is restricted from making encroachment under Section 37?

Section 37 of the PERA Act 2024 is a key provision designed to protect State property from unauthorized occupation or use. The law explicitly restricts any person—whether an individual, a business entity, or even government officials—from encroaching upon land or... Read More

1 PERA MCQ'S

Who is restricted from making encroachment under Section 37?

  • Government officers only
  • Only private developers
  • Any person
  • Only shopkeepers
Correct Answer: C. Any person

Detailed Explanation

Section 37 of the PERA Act 2024 is a key provision designed to protect State property from unauthorized occupation or use. The law explicitly restricts any person—whether an individual, a business entity, or even government officials—from encroaching upon land or property owned by the State.


The term "any person" ensures that the prohibition is universal and not limited to a specific group. It prevents potential loopholes where certain individuals or organizations might assume exemption from legal restrictions. By doing so, the law guarantees equal accountability for all members of society, maintaining the integrity of public land and resources.


Violations under this section can include:




  • Unauthorized construction or extension of buildings,




  • Illegal use of State land for commercial purposes,




  • Temporary occupation of government property without approval.




The law empowers Enforcement Officers (EOs) and Sub Divisional Enforcement Officers (SDEOs) to monitor, identify, and act against such encroachments. If violations are found, the responsible party can face actions such as:




  • Removal of unauthorized structures,




  • Confiscation of materials,




  • Imposition of fines, and




  • Recovery of enforcement costs.




Furthermore, the law ensures due process through the Hearing Officer (HO), who can review enforcement actions, modify orders, or convert them into Absolute Orders if necessary.


By restricting any person from encroaching on State property, Section 37 upholds public interest, prevents misuse of government resources, and ensures that State assets remain available for lawful and regulated use.


In summary, under Section 37 of the PERA Act 2024, the restriction on encroachment applies universally, making any person liable for unauthorized occupation or use of State property.

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