Land Tribunal to issue notices and determine the compensation and purchase price

Land Tribunal to issue notices and determine the compensation and purchase price. (1) As soon as may be after the right, title and interest of the landowner and the intermediaries, if any, in respect of a holding or part of a holding have vested in the Government under section 80, or, where an application under section 80B or section 80C has been received by the Land Tribunal, as soon as may be after the receipt of such application, the Land Tribunal shall publish or cause to be published a public notice in the prescribed form in such manner as may be prescribed, calling upon --- (a) the landowner, the intermediaries, if any, and the cultivating tenant; and (b) all other persons interested in the land, the right, title and interest in respect of which have vested in the Government, to prefer claims and objections, if any, within such time as may be specified in the notice and to appear before it on the date specified in the notice with all relevant records to prove their respective claims or in support of their objections. (2) The Land Tribunal shall also issue a notice individually to the landowner, each of the intermediaries and the cultivating tenant and also, as far as practicable, to the other persons referred to in clause (b) of sub-section (1) calling upon them to prefer claims and objections if any within such time as may be specified in the notice and to appear before it on the date specified in the notice with all relevant records to prove their respective claims or in support of their objections. (3) Notwithstanding anything contained in sub-section (2), the publication of a notice in the manner referred to in sub-section (1) shall be deemed to be sufficient notice to the landowner, the intermediaries, if any, the cultivating tenant and all other persons interested in the land. (4) The Land Tribunal shall furnish a copy of the public notice under sub-section (1) along with a statement containing the names, and addresses of the persons to whom individual notice have been issued under sub-section (2) and such other particulars as may be prescribed, to the village committee of the village in which the holding is situate or where the holding is situate in more than one village, the village committee of each such village and require the village committee or village committees, as the case may be, to advise the Land Tribunal on the matters mentioned in sub-section (5) before such date as may be specified in the requisition. (5) On receipt of the copy of the public notice and the statement from the Land Tribunal under sub-section (4), the village committee, or each of the village committees shall, after such inquiry as may be prescribed advise the Land Tribunal in respect of the following matters, namely: -- (a) the names and addresses of the landowner, the intermediaries, if any, and the cultivating tenant; (b) the names and addresses of all other persons interested in the land; (c) such particulars as are necessary for identification of the land comprised in the holding as may be prescribed; (d) the value of encumbrances subsisting or claims for maintenance or alimony charged on the right, title and interest of the landowner and intermediaries, if any; (e) the amount due to the holders of encumbrances or the persons entitled to maintenance or alimony and the order of priority in which the amount is payable; and (f) such other matters as may be prescribed. (6) Any person interested in the land, to whom no notice under sub-section (2) has been issued, may apply to the Land Tribunal stating the nature of his claim or objection and the relief he requires. (7) The Land Tribunal shall, after considering the claims and objections received in pursuance of the notice issued under sub-section (1) or sub-section (2) and the advice received from the village committee or village committees before the date specified therefor and hearing any person appearing in pursuance of the notice issued under sub-section (1) or sub-section (2) and after making due enquiries, pass an order specifying – (7) (a) the extent, survey number and such other particulars as may be prescribed, of the land, the right, title and interest in respect of which have vested in the Government under section 80; (b) the compensation due to the landowner and intermediaries, if any; (c) the amount due to the landowner and each of the intermediaries, if any, on the apportionment of the compensation ; (d) the value of encumbrances subsisting or claims for maintenance or alimony charged on the right, title and interest of the landowner and the intermediaries, if any; (e) the amount due to the holders of encumbrances or the persons entitled to maintenance or alimony, and the order of priority in which the amount is payable; (f) the amount payable to the landowner and each of the intermediaries after deducting the value of encumbrances or claims for maintenance or alimony; (g) the purchase price payable by the cultivating tenant; (h) the rent payable by the cultivating tenant to the Government in the cases falling under section 80F; (i) where the landowner or intermediary is a religious, charitable or educational institution of a public nature and is entitled to annuity instead of compensation the amount of such annuity; and (j) such other particulars as may be prescribed. (8) Where the right, title and interest of the landowner or the intermediaries in respect of a holding or part of a holding vested in the Government form part of the security for any encumbrance or charge for maintenance or alimony, the Land Tribunal shall, for the purpose of determining the value of the encumbrance or the claim for the maintenance or alimony relating to that holding or part, as the case may be, apportion the entire encumbrance or the charge for the maintenance or alimony between such holding or part and the remaining lands which form the security for the encumbrance or the charge for the maintenance or alimony, in proportion to the values of the two portions. (9) If the landowner or any intermediary is liable to pay any amount to the cultivating tenant under this Act, the Land Tribunal shall, in passing orders under this section, set off such amount against the compensation payable to the landowner or that intermediary. (10) Where the cultivating tenant is entitled to the assignment of the right, title and interest in respect only of a portion of the land held by him (whether included in one holding or not), the Land Tribunal shall, as far as possible, assign to the cultivating tenant the right, title and interest in respect of the portion of his choice.