Determination of claim for possession under section 19 and of compensation and apportionment thereof

The Gujarat Agricultural Land Ceiling Act-1960

Civil196055 sections

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Statutory text

(1) On the day fixed under section 22 or on any other day to which the inquiry may be adjourned the Tribunal shall proceed to inquire into the claims, if any, for possession of land under section 19, and the amount of compensation for the land in accordance with section 23, the respective interests of the persons claiming the compensation, and the amount of each encumbrance lawfully subsisting on the land on the date of the order made under section 21.
(2) As respects any claim made by a landlord for possession of surplus land under section 19, the Tribunal —
- (i) shall decide whether such landlord is entitled under section 19 to the possession of the whole or part of the surplus land and if so, the extent of such land, and
- (ii) where the landlord is so entitled, shall make an order directing the restoration of possession of such land to the landlord.
(3) As respects claims for compensation the Tribunal shall make an award determining—
- (i) the amount of compensation payable in accordance with the provisions of section 23,
- (ii) the apportionment of the said compensation, subject to the provisions of sub-sections
(4) and (5), among all persons known or believed to be interested in the land of whose claims, it has information, whether or not they have appeared before it. (4)
- (a) In the case of land held as tenant, the apportionment of compensation as between the tenant and the landlord shall be on the following basis, that is to say —
  - (i) two-thirds of the compensation shall be payable to the landlord, and
  - (ii) one-third thereof to the tenant.
- (b) Subject to the provisions of sub-section
(5) encumbrances created by the landlord or for which the landlord is liable, shall be paid out of the amount of compensation payable to the landlord and those created by the tenant or for which the tenant is liable shall be paid out of the amount of compensation payable to the tenant.
(5) The apportionment of compensation amongst the holders of encumbrances shall be determined on the following basis, that is to say :—
- (a) if the total amount of encumbrances on the land is less than the compensation payable in respect of the land, the amount of encumbrances shall be paid to the holders thereof in full,
- (b) if the total amount of such encumbrances exceeds the compensation payable in respect of the land, the amount of compensation shall be distributed amongst the holders of encumbrances in the order of priority or pro rata, as the case may be.
(6) If the surplus land has come out of the lands referred to in clause
- (b) or
- (c) of the proviso to section 15, the transferee of such land shall be entitled, out of the amount of compensation, to the amount of the consideration paid by him to the transferor and if the amount of compensation is less than the amount of such consideration, the transferee shall be entitled to recover the remaining sum from the transferor.
(7) The award made by the Tribunal subject to an appeal to the Gujarat Revenue Tribunal under section 36 and the decision of the Gujarat Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.

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