Karnataka Land Grabbing Prohibition (Amendment) Act, 2020

Oct 26, 2020 | by Avantis RegTech Legal Research Team

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EHS Compliance

The State Government of Karnataka on October 16, 2020 has issued the Karnataka Land Grabbing Prohibition (Amendment) Act, 2020 to further amend the Karnataka Land Grabbing Prohibition Act, 2011. 

The following amendments have been made: 

• Section 9 (3), which specifies the trying of land grabbing alleged acts in special court, shall be substituted, namely: 

“All alleged acts of land grabbing shall be tried only by the Special Court constituted for the area in which the land is situated, or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government.”

• Section 10A, which specifies the bar jurisdiction of the civil courts, has been inserted, namely: 

“No suit or other legal proceeding shall lie in any civil court in respect of any dispute, question or other matter relating to any Government land or other matter which is required by or under this Act to be determined by a special Court.”

• Section 10B, which specifies the special court to hold proceedings expeditiously and to furnish to the parties’ copies of its decision, has been inserted, namely: 

“Whenever an application is made to the special Court or when proceedings are initiated suomoto for the determination of any dispute, question or other matter relating to grabbed land, the special Court shall conclude its proceedings within a period of six months from the date of initiation of such proceedings and give its decision in writing to each of the parties to the dispute.”

• Section 17A, which specifies the appeals, has been inserted, namely: 

“An appeal against any final order by the special Court determining the civil liability of the parties shall lie to the High Court, if the High Court is satisfied that the case involves a substantial question of law:

1. in an appeal under this sub section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

2. the appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal be allowed to argue that the case does not involve any such question.”

• Section 22, which specifies the abetment, has been inserted, namely: 

“All proceedings pending and contemplated with respect to land as excluded under the proviso to sub-clause (d) of section 2 of this Act, on the date of commencement of the Karnataka Land grabbing Prohibition (Amendment) Act, 2020 shall stand abated.”

[Notification No. Act No. 30 of 2020]

 


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