Amendment of section 8

In section 8 of the principal Act,-

1. (i) in sub-section (1), the proviso shall be omitted :
2. (ii) after sub-section (1), the following sub-section shall be inserted, namely : -- "(1A) The Special Court shall, for the purpose of taking cognizance of the case, consider the location, or extent or value of the land alleged to have been grabbed or of the substantial nature of the evil involved or in the interest of justice required or any other relevant matter : Provided that the Special Court shall not take cognizance of any such case without hearing the petitioner.";
3. (iii) in sub-section (2), for the expression "(hereinafter in this section referred to as the 'said Code')", the expression "the Code of Criminal Procedure, 1973" and for the words "shall be triable only in a Special Court constituted for the area in which the land grabbed is situated", the words "shall, subject to the provisions of this Act, be triable in the Special Court" shall be substituted :
4. (iv) after sub-section (2), the following sub-sections shall be inserted, namely :- "(2A) If the Special Court is of the opinion that any case brought before it is not a fit case to be taken cognizance of, it may return the same for presentation before the Special Tribunal : Provided that if, in the opinion of the Special Court, any application filed before it is prima facie frivolous or vexatious, it shall reject the same without any further enquiry : Provided further that if on an application from an interested person to withdraw and try a case pending before any Special Tribunal, the Special Court is of the opinion that it is a fit case to be withdrawn and tried by it, it may for reasons to be recorded in writing withdraw any such case from such Special Tribunal and shall deal with it as if the case was originally instituted before the Special Court. (2B) 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. (2C) 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 allow civil and criminal proceedings to be completed. The evidence admitted during the criminal proceedings 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 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.";
5. (v) sub-sections

1. (3) and
2. (5) shall be omitted;
   • (vi) in sub-section (6), the following provisos shall be added, namely :- " 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 will 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.".
   • (vii) for sub-section (7), the following sub-section shall be substituted, namely :- "(7) 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 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 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 every such representation and evidence.".
   • (viii) in sub-section (8), the words "having jurisdiction" shall be omitted.