(1) The Special Court may, either suo moto or on application made
by any person, or any officer authorized by District Collector, take
cognizance of and try every case arising out of any alleged act of land
grabbing or with respect to the ownership and title to, or lawful possession
of, the land grabbed, whether before or after the commencement of this Act,
and pass such orders (including orders by way of interim directions) as it
deems fit.
(2) Notwithstanding anything in the Code of Civil Procedure, 1908, any
case in respect of an alleged act of land grabbing or the determination of
question of title and ownership to, or lawful possession of any land grabbed
under this Act, shall, subject to the provisions of this Act, be triable in the
Special Court and the decision of Special Court shall be final.
(3) Notwithstanding anything in the Code of Civil Procedure 1908, the
Special Court may follow its own procedure which shall not be inconsistent
with the principles of natural justice and fair play and subject to the other
provisions of this Act and of any rules made thereunder while deciding the
Civil liability,
(4) Notwithstanding anything in the Code of Criminal Procedure, 1973,
it shall be lawful for the Special Court to try all offences punishable under
this Act.
(5) The Special Court shall determine the order in which the civil and
criminal liability against a land grabber be initiated. It shall be within the
discretion of the Special Court whether or not to deliver its decision or order
until both civil and criminal proceedings are completed. The evidence
admitted during the criminal proceeding may be made use of while trying the
civil liability. But additional evidence, if any, adduced in the civil
proceedings shall not be considered by the Special Court while determining
the criminal liability. Any person accused of land grabbing or the abetment
thereof before the Special Court shall be a competent 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:
Provided that he shall not be called as a witness except on his own
request in writing or his failure to give evidence shall 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 proceeding.
(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.
(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, 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 other 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
such representation and evidence.
Section 9 • The Gujarat Land Grabbing (Prohibition) Act, 2020.
Section 9. Procedure and powers of Special Courts.
gujarat-land-grabbing-prohibition-act-2020-sec-9.json
•
Section 9
{
"act_title": "The Gujarat Land Grabbing (Prohibition) Act, 2020.",
"act_slug": "gujarat-land-grabbing-prohibition-act-2020",
"section_label": "Section",
"section": {
"number": "9",
"title": "Section 9. Procedure and powers of Special Courts.",
"chapter": null,
"content": "(1) The Special Court may, either suo moto or on application made\r\nby any person, or any officer authorized by District Collector, take\r\ncognizance of and try every case arising out of any alleged act of land\r\ngrabbing or with respect to the ownership and title to, or lawful possession\r\nof, the land grabbed, whether before or after the commencement of this Act,\r\nand pass such orders (including orders by way of interim directions) as it\r\ndeems fit.\r\n(2) Notwithstanding anything in the Code of Civil Procedure, 1908, any\r\ncase in respect of an alleged act of land grabbing or the determination of\r\nquestion of title and ownership to, or lawful possession of any land grabbed \r\nunder this Act, shall, subject to the provisions of this Act, be triable in the\r\nSpecial Court and the decision of Special Court shall be final.\r\n(3) Notwithstanding anything in the Code of Civil Procedure 1908, the\r\nSpecial Court may follow its own procedure which shall not be inconsistent\r\nwith the principles of natural justice and fair play and subject to the other\r\nprovisions of this Act and of any rules made thereunder while deciding the\r\nCivil liability,\r\n(4) Notwithstanding anything in the Code of Criminal Procedure, 1973,\r\nit shall be lawful for the Special Court to try all offences punishable under\r\nthis Act.\r\n(5) The Special Court shall determine the order in which the civil and\r\ncriminal liability against a land grabber be initiated. It shall be within the\r\ndiscretion of the Special Court whether or not to deliver its decision or order\r\nuntil both civil and criminal proceedings are completed. The evidence\r\nadmitted during the criminal proceeding may be made use of while trying the\r\ncivil liability. But additional evidence, if any, adduced in the civil\r\nproceedings shall not be considered by the Special Court while determining\r\nthe criminal liability. Any person accused of land grabbing or the abetment\r\nthereof before the Special Court shall be a competent witness for the defence\r\nand may give evidence on oath in disproof of the charge made against him\r\nor any person charged together with him in the criminal proceeding:\r\nProvided that he shall not be called as a witness except on his own\r\nrequest in writing or his failure to give evidence shall be made the subject of\r\nany comment by any of the parties or the special court or give rise to any\r\npresumption against himself or any person charged together with him at the\r\nsame proceeding.\r\n(6) Every case under sub-section (1) shall be disposed off finally by the\r\nSpecial Court, as far as possible, within a period of six months from the date\r\nof institution of the case before it.\r\n(7) Every finding of the Special Court with regard to any alleged act of land\r\ngrabbing shall be conclusive proof of the fact of land grabbing and of the\r\npersons who committed such land grabbing, and every judgment of the\r\nSpecial Court with regard to the determination of title and ownership to, or\r\nlawful possession of, any land grabbed shall be binding on all persons having\r\ninterest in such land.\r\n(8) When an offence of land grabbing is proved, the Special Court may if it\r\nthinks fit, order that possession of the same be restored to that person after\r\nevicting by force, if necessary, any other person who may be in possession\r\nof the property.\r\n(9) It shall be lawful for the Special Court to pass such order as it may deem\r\nfit to advance the cause of justice. It may award compensation in terms of\r\nmoney for wrongful possession of the land grabbed which shall not be less\r\nthan an amount equivalent to the Jantri value of the land grabbed as on the\r\ndate of the order and profits accrued from the land payable by the land\r\ngrabber to the owner of the grabbed land and may direct re-delivery of the\r\ngrabbed land to its rightful owner. The amount of compensation and profits,\r\nso awarded and costs of re-delivery, if any, shall be recovered as an arrear of\r\nland revenue in case the Government is the owner, or as a decree of a civil\r\ncourt, in any other case to be executed by the Special Court:\r\nProvided that the Special Court shall, before passing an order under\r\nthis sub-section, give to the land grabber an opportunity of making his\r\nrepresentation or of adducing evidence, if any, in this regard, and consider\r\nsuch representation and evidence.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
"prev_section": "8",
"next_section": "10"
}