Central

Section 5C of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971

1[5C. Power to seal unauthorised constructions.--(1) It shall be lawful for the estate officer, at any time, before or after making an order of demolition under section 5B, to make an order directing the sealing of such erection or work or of the public premises in which such erection or work has been commenced or is being carried on or has been completed in such manner as may be prescribed, for the purpose of carrying out the provisions of this Act, or for preventing any dispute as to the nature and extent of such erection or work.

(2)Where any erection or work or any premises in which any erection or work is being carried on has, or have been sealed, the estate officer may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed.
(3)No person shall remove such seal except--
1. (a)under an order made by the estate officer under sub-section (2); or
2. (b)under an order of the appellate officer made in an appeal under this Act.]

Summary

An estate officer has the power to seal any unauthorised building work or the premises where it is happening.
This sealing can be done either before or after the officer gives a demolition order.
The purpose of sealing is to enforce the rules of the Act or to stop arguments about how much work has actually been done.
Once sealed, nobody is allowed to remove the seal on their own.
A seal can only be removed if the estate officer orders it removed so that a demolition can happen, or if an appeals officer orders its removal.

Practical examples

1On August 12, 2024, an estate officer notices unauthorized renovations in a public office. To prevent the workers from finishing the room before a formal demolition order can be issued, the officer locks and seals the room doors.

2Ms. Patel's illegal shop extension is sealed by the estate officer. She tries to cut the seal herself the next morning to retrieve her tools. Because she does not have an order from the estate or appellate officer, her removal of the seal is entirely illegal under this provision.

FAQ

1. Can the estate officer seal my premises before they officially order a demolition?

Yes, it is lawful for the estate officer to make an order sealing the erection or work at any time, before or after making a demolition order.

2. Why would the estate officer seal a building under construction?

It is done to carry out the provisions of the Act or to prevent any dispute about the nature and extent of the construction work.

3. Under what conditions can a seal be legally removed?

The seal can only be removed under an order from the estate officer for the purpose of demolition, or under an order from an appellate officer in an appeal.

4. Can I remove the seal if I need to get my personal belongings?

No, no person shall remove the seal except under an official order from the estate officer or appellate officer.

Test yourself

Q1.Under Section 5C of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, when can the estate officer order the sealing of an unauthorised erection?

Q2.Under Section 5C and Section 5B of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, what is one main reason an estate officer might seal a premises regarding an unauthorised construction?

Q3.Under Section 5C of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, who is permitted to remove a seal placed on an unauthorised work?

Q4.Under Section 5C of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, why might the estate officer themselves order the removal of a seal?

Q5.Under Section 5C of The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, can the entire public premises be sealed, or only the specific unauthorised work?

5BPreviousSection 5B Order of demolition of unauthorised construction.6NextSection 6 Disposal of property left on public premises by unauthorised occupants.

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