Bare ActsThe KARNATAKA LAND GRABBING PROHIBITION ACT, 2011

Section 1

Substituted by the Act 30 of 2020 w

Amendment status not verified — confirm the current text below against the official source.

Substituted by the Act 30 of 2020 w.e.f. 10.04.2020 (c) When a person is convicted of an offence of land grabbing attended by criminal force or show of force or by Criminal intimidation, and it appears to the Special Court that, by such force or show of force or intimidation, the land has been grabbed, the Special Court may if it thinks fit, order that possession of the same be restored after evicting by force, if necessary. (6) Every case under sub-section (1) shall be disposed of 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: Provided that the Special Court shall, by notification 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 including the custodian of evacuee property within the period specified therein shall be considered by it: Provided further that where the custodian of evacuee property objects to the Special Court taking cognizance of the case, the Special Court shall not proceed further with the case in regard to such property: Provided also 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 a summary enquiry to satisfy itself about the persons likely to be interested in the land. (8) 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 the amount equivalent to the market 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 11 of the grabbed land to its rightful owner. The amount of compensation and profits, so awarded and costs of re-delivery, if any, shall be recovered as an arrear of land revenue in case the Government is the owner, or as a decree of a Civil Court, in any case to be executed by the Special Court: Provided that, the Special Court shall, before passing an order under this sub- section, give to the land grabber an opportunity of making his representation or of adducing evidence, if any, in this regard, and consider every such representation and evidence.

Section 1 – The KARNATAKA LAND GRABBING PROHIBITION ACT, 2011 | DailyLaw.ai