§ 16 — Proceedings upon objection

16.—(1) On receiving an objection to an encroachment notice relating to State land, an authorised officer may make a complaint to a Magistrate under section 151 of the Criminal Procedure Code 2010.(2) Sections 153, 154 and 156 of the Criminal Procedure Code 2010 apply to proceedings regarding a complaint mentioned in subsection (1) subject to this Act.

(3) Where any proceedings regarding a complaint mentioned in subsection (1) have started and any party to the proceedings claims that that party has title to the State land in question, that party may, at any time in those proceedings, apply to the Magistrate to stay the proceedings on the ground that the party intends to commence proceedings in the General Division of the High Court for a determination of that party’s claim.

(4) Upon an application under subsection (3), the Magistrate must, if he or she is satisfied that the claim is genuine, make an order, upon any terms that he or she thinks fit, staying the proceedings regarding a complaint mentioned in subsection (1), pending the determination of the claim by the General Division of the High Court.

—(1) On receiving an objection to an encroachment notice relating to State land, an authorised officer may make a complaint to a Magistrate under section 151 of the Criminal Procedure Code 2010.

(2) Sections 153, 154 and 156 of the Criminal Procedure Code 2010 apply to proceedings regarding a complaint mentioned in subsection (1) subject to this Act.

(3) Where any proceedings regarding a complaint mentioned in subsection (1) have started and any party to the proceedings claims that that party has title to the State land in question, that party may, at any time in those proceedings, apply to the Magistrate to stay the proceedings on the ground that the party intends to commence proceedings in the General Division of the High Court for a determination of that party’s claim.

(4) Upon an application under subsection (3), the Magistrate must, if he or she is satisfied that the claim is genuine, make an order, upon any terms that he or she thinks fit, staying the proceedings regarding a complaint mentioned in subsection (1), pending the determination of the claim by the General Division of the High Court.