13.07.2015 Views

Act 2013 - Department of Land Resources

Act 2013 - Department of Land Resources

Act 2013 - Department of Land Resources

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

26 THE CAZETTE OF INDIA EXTRAORDINARY [P^Rr llJurisdiction <strong>of</strong>clvil counsbarred.Reference toAuthority.63. No civil coun (other than High Coun under article 226 or article 227 <strong>of</strong> theConstitution or the Supreme Court) shall have jurisdiction to entertain any dispute relatingto land acquisition in respect <strong>of</strong> which the Collector or the Authority is emporvered by orunder this <strong>Act</strong>, and no injunction shall be granted by any court in respect <strong>of</strong>any such matter.64. (/) Any person interested who has not accepted the award may, by writtenapplication to the Collecto( require that the matter be referred by the Collector lbr thedetermination <strong>of</strong> the Authority, as the case may be, whether his objection be to themeasurenlent <strong>of</strong>the land, the amount <strong>of</strong>the compensation, the person to whom it is payable,the rights <strong>of</strong>Rehabilitation and Resettlemenl under Chapters V and VI or the apportionment<strong>of</strong>the compensation among the persons interested;Provided that the Collector shall, within a period <strong>of</strong>thirty days from the date <strong>of</strong>receipt<strong>of</strong>application, make a reference to the appropriate Authority:Provided funher that where the Collector fails to make such reference within the periodso specified. the applicant may apply to the Authority, as the case may be, requesting it todirect the Collector to make the reference to it within a period <strong>of</strong>thirty days.(2) The application shall state the grounds on which objection to the award is taken:Provided that every such application shall be nrade-(a) ifthe person making it was present or represented before the Collector at thetime when he made his award, within six weeks liom the date <strong>of</strong>the Collector's award;(b) in other cases, within six weeks <strong>of</strong>the receipt <strong>of</strong>the notice from the Collectorunder section 21. or within six months from the date oFthe Collector's award, whicheverperiod shall first expire:Colleclor'sslalcmenl loAulhorit).Provided further that the Collector may entertain an application after the expiry <strong>of</strong>thesaid period, within a further period <strong>of</strong> one yea( if he is satisfied that there was sufficientcause for not filing it within the period specified in the first proviso.65. (/) In making the reference. the Collector shall state fbr the information <strong>of</strong>theAuthorit). in writing under his hand-(a) the situation and extent <strong>of</strong>the land, with particulars <strong>of</strong>any trees. buildings orslanding crops thereon:land:(b) the names <strong>of</strong> the persons rvhom he has reason to think interested in such(c) the amount awarded for damages and paid or tendered under section 13, andthe amount <strong>of</strong>compensation awarded under the provisions <strong>of</strong>this <strong>Act</strong>;(d) the amount paid or deposited under any other provisions <strong>of</strong>this <strong>Act</strong>: and(e) ifthe objection be to the amount <strong>of</strong>the compensalion, the grounds on whichthe amount <strong>of</strong> compensation was detemined.(2) The statement under sub-section (/) shall be attached a schedule giving theparticulars <strong>of</strong>the notices served upon, and <strong>of</strong>the statements in writing made or delivered bythe persons interested respectively.Scrvice <strong>of</strong>notice byAuthority.66. The Authority shall thereupon cause a notice specilling the day on which thcAuthority will proceed to determine the objeciion, and directing their appearance before theAuthority on that day, to be served on the following persons, namely:-(o) the applicant:(b) all persons interested in the objection, except such (ifany) <strong>of</strong>them as haveconsented without protest to receive payment <strong>of</strong> the compensation awarded; and

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!