Bare ActsThe Madhya Pradesh Maa Sharda Devi Mandir Adhiniyam, 2002

Section 28

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

(1) Any person aggrieved by an order passed by the Tahsildar under Section 27 may, within thirty days from the date of the receipt by him of such order, prefer an appeal in writing to the Sub-Divisional Officer having jurisdiction. On such appeal being preferred, the Sub-Divisional Officer may order stay of further proceedings in the matter pending decision on the appeal. The Sub-Divisional Officer shall call for the records of the case from the Tahsildar and after giving in notice in the manner prescribed to the appellant and the Administrator and if necessary, after making such further inquiry as he thinks fit, decide the appeal. The decision of the Tahsildar shall, subject to the decision of the Sub- Divisional Officer, be final and shall be conclusive evidence of the encroachment : • Provided that nothing in the Section shall prevent the encroacher from instituting a suit in the Civil Court having jurisdiction on the ground that the Mandir has no title to the land or building. Where no appeal against an order of the Tahsildar has been preferred under sub-section (1) or where an appeal has been preferred and dismissed the - Administrator may remove the encroachment and obtain possession of the land or building encroached upon. Any Police Officer whose help is required for this purpose shall be bound to render the necessary help to the Administrator. CHAPTER VII MISCELLANEOUS The provisions of the Madhya Pradesh Accommodation Control Act, 1961 (No. 41 of 1961) shall not apply to any property vesting in the deity of Maa Sharda under Section 4. All moneys due to the Mandir under this Act or under any agreement which provides for recovery of any: amount payable thereunder as arrears of land revenue shall, on a certificate signed by the Administrator or any person authorized by him in this behalf, be recoverable as arrears of land revenue. No suit, prosecution or other legal proceedings shall lie against the State Government or any office of the State Government or the Committee or any member thereof or the Administrator or, any other person acting under the instructions of the Committee or authorized by it, for anything which is in good faith done or intended to be done under this Act or the.rules or bye-laws made thereunder. Save as otherwise expressly provided in this Act, no notification issued, order passed decision made proceedings or action taken or other things done under the provisions of this Act by the State Government or any officer of the State Government or the Committee or any member thereof or the Administrator shall be liable to be questioned in any court of law and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. (1) When any land or building, whether within or without the limits of Provisions Madhya Pradesh Accommod Control Act 1961.not td Money due the Mandir recoverable arrears of la revenue. Protection c action taken good faith. Notification orders etc., to be questii in court oft; Acquisition the Mandir, is required for the purpose of the Mandir and the Committee is land. unable to acquire it by agreement the State Government may, at-the request of the Committee proceed to acquire such land or building under the provisions of the Land Acquisition Act, 1894 (No.! of 1894) and the acquisition of any land or building for Mandir shall be deemed to be a public purpose within the meaning of that Act; and on the payment by the Committee of the compensation awarded under the Act; and of any other charges incurred by the State Government in connection with the acquisition of the land or building shall vest in the Mandir and be held by it subject .to such terms and conditions as may be specified by the State Government.

Section 28 – The Madhya Pradesh Maa Sharda Devi Mandir Adhiniyam, 2002 | DailyLaw.ai