Amendment status not verified — confirm the current text below against the official source.
This proviso was inserted and was deemed to have come into force on the 11th January 2022 by Guj.1 of 2022, s.3(i). Public Prosecutor. Procedure and powers of Special Courts. V of 1908. V of 1908. 2 of 1974. Guj. 11 : 2020] The Gujarat Land Grabbing (prohibition) Act, 2020. 5 witness for the defence and may give evidence on oath in disproof of the charge made against him or any person charged together with him in the criminal proceeding: 1[Provided that he shall neither be called as a witness except on his own request in writing nor shall his failure to give evidence be made the subject of any comment by any of the parties or the Special Court or give rise to any presumption against himself or any person charged together with him at the same proceedings.] (6) Every case under sub-section (1) shall be disposed off finally by the Special Court, as far as possible, within a period of six months from the date of institution of the case before it. (7) Every finding of the Special Court with regard to any alleged act of land grabbing shall be conclusive proof of the fact of land grabbing and of the persons who committed such land grabbing, and every judgment of the Special Court with regard to the determination of title and ownership to, or lawful possession of, any land grabbed shall be binding on all persons having interest in such land: 2[Provided that the Special Court shall, by public notice specify the fact of taking cognizance of the case under this Act. Such notification shall state that any objection which may be received by the Special Court from any person within the period specified therein shall be considered by it: Provided further that the Special Court shall cause a notice of taking cognizance of the case under the Act served on any person known or believed to be interested in the land, after satisfying itself about the persons likely to be interested in the land.] (8) When an offence of land grabbing is proved, the Special Court may if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property. (9) It shall be lawful for the Special Court to pass such order as it may deem fit to advance the cause of justice. It may award compensation in terms of money for wrongful possession of the land grabbed which shall not be less than an amount equivalent to the jantri value of the land grabbed as on the date of the order and profits accrued from the land payable by the land grabber to the owner of the grabbed land and may direct re-delivery of the grabbed land to its rightful owner. The amount of compensation and profits, so awarded and costs of re-delivery,