Section 95: Development of abadi

(1) The State Government may make mies for the reservation of lands l[W be set up art for the development of aha di, for the allotment of Nazul lands and lands so set a pan for any payments to be ma-de in respect of such lands and for the declaration of .the rights of such allottees.

(2) No person shall occupy any land in the "abadi" area ¹[x x x] without first paying therefore such sums-by way of premium as may be fixed under this Act.

(3) Complete rights in the abadi land may be acquired only by the paying such premium.

(4) Nothing in this section shall apply to land in the abadi area [x x x] which is in the lawful occupation of any person at the commencement of this Act.

(5) Where at the commencement of this Act, any person is in occupation of some land in the abadi area 1[(x x x] with limited rights, he may acquired full pa?prs'etasy right over such land upon payment of such premium, as may be fixed under this Act.

(6) Any person who after the commencement of this Act occupies any land in the abadi area otherwise than in accordance with the provisions of sub section (2) or any mies made under sub-section (1) or without proper authors makes any construction on such land separately or by way of extension of a previously exis/s`ng bus'Ws'ng or construct son of his adjoining land or who after such commencement makes otherwise than under proper authority any cons/motion on any land referred to son sub-section (5) or on such land and other land son his occupation lawfully or otherwise shall be regarded as a trespasser & dean with, as is he were a person occupying or conts.nus`ng to occupy land without lawful authority.

(7) The provisions of Section 91 shall apply to the person, land and construction referred to in sub-section (6) :

Provided that -

(i) The powers exercisable by a Tehsildar under sub-secs. (1), (2), (3) and (4) of Sec. 91 shall be exercised by him, in the case of any land in the abadi [xxx] or any land set apart for free pasturage of cattle or for development of abadi or for any other public or municipal purpose, which has been placed at the disposal of a local authority ²[under Section 102-A] or otherwise upon application made to him by such local authority ²[or suo moto, and where the Tehsildar proposes to act suo moto, he shall give notice of such intention to the local authority concerned].

(ii) the assessment and penalty imposed under these sub-sections upon the trespasser Shel/be credited to the fund of such local authority, and

(iii) the powers exercisable by a Tehsildar under sub sech`on (5) of Section 91 shall be exercised in case of any such land placed at the disposal of a local authority as aforesaid itself without the approval of any officer.