12 Endowment Lands and Land Records · 12.1 Endowment Lands and Land Records
12.1.2 Encroachment, eviction and the Tribunal
Since 26 June 2023 (Act 36 of 2023) the new Section 83 lets the EO, the Assistant Commissioner or a higher officer evict an encroacher on temple property after a one-week notice; encroachment is a cognizable, non-bailable offence (3–8 years); appeals go to the Endowments Tribunal within 15 days, and from the Tribunal's Section 87 decisions to the High Court within 90 days.
- APPSC Paper I
- Standard level
- 10 min read
- Free
Core facts
- Chapter XI = Encroachments: now only Section 83. Sections 84, 85 and 86 were omitted by Act 36 of 2023, in force 26-06-2023 (asked 2026).
- Who evicts (S.83(2)): the Executive Officer of the institution, the Assistant Commissioner, or any authority higher in rank.
- Notice: compulsory. The encroacher may reply within one week of receiving it.
- Order: the officer either withdraws the notice and drops the case, or confirms it and fixes a time for removal.
- Failure to remove: the officer removes it, with police help if needed, and recovers the cost from the encroacher. Police help is sought from the Superintendent of Police or Commissioner of Police.
- Offence: encroachment, including an attempt, is cognizable, non-bailable and tried as a warrant case: imprisonment not less than 3 years, up to 8 years, and fine up to ₹1,00,000.
- Appeal against the officer's order: to the Endowments Tribunal within 15 days of receiving the order (S.83(6)).
- Overstaying tenant: a lessee who does not hand back land, a shop or a building after the lease ends is an encroacher, evicted under S.83 (asked 2026).
- Tribunal: constituted under Section 162; Chairman a judicial officer not below District Judge; Member not below Additional Commissioner.
- S.87 Tribunal decides disputes; S.88 appeal to the High Court within 90 days; S.89 compromise needs the Commissioner's prior permission.
Explained
The new Section 83, sub-section by sub-section.
| Sub-section | Rule |
|---|---|
| 83(1) | Encroachment of land, building or any property of an institution is prohibited, notwithstanding any other law |
| 83(2) | EO / Assistant Commissioner / higher authority issues notice; reply within one week; notice withdrawn or confirmed with a time limit |
| 83(3) | Not removed in time: the issuing authority removes it, with police help; cost recovered from the encroacher |
| 83(4) | Police help from the SP or Commissioner of Police with jurisdiction |
| 83(5) | Cognizable, non-bailable, warrant case; 3 to 8 years and fine up to ₹1 lakh; attempt included |
| 83(6) | Appeal to the Endowments Tribunal within 15 days of receipt of the order |
| 83(7) | Pending appeal, the Tribunal may pass interim orders, including deposit of rent for use of the property |
| 83(8) | Old Tribunal eviction orders not obeyed: the EO or the Assistant Commissioner of the district removes the encroachment, with police help |
What counts as encroachment (Explanation to S.83). Any act done without lawful right and with intent to take unlawful possession:
- occupying temple land, buildings or property without the approval of the authority that grants leases, mortgages or licences, or staying on after a lease, mortgage, licence or permission has expired or been cancelled;
- making an unlawful lease, licence, agreement or document about such property;
- putting up unauthorised constructions on it for sale, rent or own use;
- and an attempt to do any of these.
What changed in 2023.
- Starts with: the department's own officers, not the Tribunal. The Tribunal is now mainly the appeal forum.
- Speed: a fixed one-week reply period, then direct removal.
- Cost of removal falls on the encroacher.
- Penalty: much heavier than before, and attempt is also an offence.
- Revision: Act 36 of 2023 added Tribunal decisions under S.83(6) to the High Court's revision power under Section 91.
The Endowments Tribunal.
- Brought in by Act 33 of 2007 (in force 3-1-2008), replacing the Deputy Commissioner's role in many disputes. "Endowments Tribunal" is defined in S.2(12-A); constituted by the Government under Section 162.
- Composition: a Chairman (a serving or retired judicial officer not below the rank of District Judge) and a Member (an officer not below Additional Commissioner of Endowments).
- The Government fixes each Tribunal's area. If an institution's property lies in two or more areas, the case goes to the Tribunal where the institution is situated.
Section 87: disputes the Tribunal decides (after notice to the parties).
- Whether an institution or endowment is charitable or religious.
- Whether a property is an endowment, and of which kind; whether it is a specific endowment.
- Whether a person has a right by custom to any honour, emolument or perquisite in the institution.
- Whether an institution or property is wholly or partly secular or religious, and what share goes to each use.
- Whether a person is the founder or a member of the founder's family.
- It may pass interim orders to protect property or money from loss, misuse or breach of trust.
Appeals, compromise and revision.
| Section | Against / about | Goes to | Time |
|---|---|---|---|
| 78 | RDO's resumption order (S.77) | District Collector | Prescribed period |
| 80(5) | Commissioner's alienation order | Government | 90 days |
| 83(6) | EO / AC eviction order | Endowments Tribunal | 15 days |
| 88 | Tribunal decision under S.87 (or S.119, TTD) | High Court | 90 days from knowing the decision |
| 90 | Orders of the Commissioner / DC / AC under listed sections | Government / Commissioner | 90 days |
| 91 | Revision of cases with no appeal, Tribunal's S.83(6) decisions | High Court | — |
- Section 89, compromise: a trustee or other person in charge may not withdraw or compromise a suit, application or appeal about an institution without the Commissioner's prior permission. The Commissioner orders a compromise only after the recommendation of a committee of three officers from the Endowments, Revenue and Law departments (Act 33 of 2007).
Before 2023 (the old Sections 83–86, for old questions only).
| Point | Old law (to 25-06-2023) | Current law |
|---|---|---|
| Starts action | Assistant Commissioner, suo motu or on the trustee's complaint, reports to the Tribunal | EO / AC / higher authority issues notice |
| Eviction order | Endowments Tribunal (old 83(4)) | The officer, after one-week reply |
| Not obeyed | AC evicts with police (old 84(1)) | Issuing officer, police via SP / CP |
| Appeal | High Court within 90 days (old 84(2)) | Tribunal within 15 days |
| Group encroachment | Deputy Commissioner applies to the Tribunal (old 85); land presumed the institution's | Covered by S.83 |
| Penalty | 6 months to 5 years, fine up to ₹5,000; only on the Commissioner's written complaint; First Class Magistrate (old 86) | 3 to 8 years, fine up to ₹1 lakh; cognizable, non-bailable |
Common traps
- ✗ "Under the current law the Assistant Commissioner reports the encroachment to the Tribunal." ✓ That was old S.83; now the EO / AC / higher officer issues notice directly.
- ✗ "The encroacher gets 15 days to reply to the notice." ✓ One week to reply; 15 days is the time to appeal to the Tribunal.
- ✗ "Appeal against an eviction order lies to the High Court within 90 days." ✓ That was old S.84(2); now Tribunal, 15 days.
- ✗ "Encroachment is punishable with 6 months to 5 years." ✓ Old S.86; now 3 to 8 years and fine up to ₹1 lakh.
- ✗ "Section 85 (group encroachment) is still in force." ✓ Sections 84–86 were omitted by Act 36 of 2023. (EO 2023 asked S.85 under the old law; answer then: Deputy Commissioner.)
- ✗ "The Tribunal's Chairman is the Commissioner of Endowments." ✓ A judicial officer not below District Judge.
- ✗ "Section 87 is about compromise." ✓ S.87 = Tribunal decides disputes; S.89 = compromise.
- ✗ "Appeal from the Tribunal's S.87 decision: 30 or 60 days." ✓ 90 days to the High Court (S.88).
Quick revision
- Act 36 of 2023, from 26-06-2023: new S.83; Ss.84–86 omitted.
- Evicting authority: EO / Assistant Commissioner / any higher authority.
- Notice compulsory; reply within one week; withdraw or confirm with a time limit.
- Police help through SP / Commissioner of Police; cost recovered from the encroacher.
- Cognizable, non-bailable, warrant case: 3–8 years + fine up to ₹1 lakh; attempt too.
- Appeal to the Endowments Tribunal within 15 days; interim deposit orders possible.
- Tribunal (S.162): Chairman ≥ District Judge, Member ≥ Additional Commissioner.
- S.87 disputes → S.88 appeal to the High Court within 90 days.
- S.89 compromise: Commissioner's prior permission, three-officer committee.
- Old law: AC → Tribunal; HC appeal 90 days; DC for groups; 6 months–5 years.
Go deeper: Deeper (beyond what APPSC Paper I usually asks)
Deeper Advanced
- Why the change. Under the old scheme every eviction waited for a Tribunal inquiry, and the Tribunal's order could then be appealed to the High Court. The 2023 law moves the first decision to the officer on the spot and keeps the Tribunal as a quick appeal body.
- Cr.P.C. wording. Section 83(5) still names the Code of Criminal Procedure, 1973. From 1 July 2024 the Cr.P.C. was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023; references to the old Code are read as references to the new one.
- Burden of proof. Under S.87, a person who says that an institution or endowment is public must prove it.
- Agricultural tenants. Courts have treated a tenant of temple agricultural land differently from a trespasser; since 2023 the Explanation to S.83 expressly makes a tenant who stays on after the lease ends an encroacher.
Practise this topic. Questions on Encroachment, Tribunal and appeals, with answers explained.
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