section 2
Insertion of new section 60-B, Rajasthan Act No. 35 of 1959.-
The Rajasthan Laws (Amendment) Act, 2021After the existing section 60-A and before the existing CHAPTER VIII of the Rajasthan Urban Improvement Act, 1959 (Act No. 35 of 1959), hereinafter in this Chapter referred to as the principal Act, the following new section shall be inserted, namely:-
"60-B. Revocation of allotment and cancellation of lease deed.- (1) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, if, at any time, before or after the lease deed, executed and registered, in respect of land disposed of under this Chapter either on lease hold basis or on free hold basis, the Trust has reasons to believe that allotment of land has been obtained, and lease deed has been executed, by way of misrepresentation of facts or on the basis of false documents or with collusion or in contravention of law, it shall issue in the manner hereinafter provided a notice in writing to show cause why an order of revocation of allotment and cancellation of the lease deed of the land should not be made. (2) The notice shall- (a) specify the grounds on which an order of revocation of allotment and cancellation of the lease deed of the land is proposed to be made; and (b) require all persons concerned, that is to say, all persons who are or may be, in occupation of or claim interest in, the land, to show cause, if any, against the proposed order on or before such date as is specified in the notice being a date not earlier than seven days from the date of issue thereof. (3) If, after considering the cause, if any, shown by any person in pursuance of a notice under sub-section (1) and any evidence he may produce in support of the same and after giving him, a reasonable opportunity of being heard, the Trust is satisfied that the lease is obtained by misrepresentation of facts or on the basis of false documents or with collusion or in contravention of law, the Trust may, make an order of revocation of allotment and cancellation of the lease deed of the land and also make an order of eviction, for reasons to be recorded therein, directing that the land shall be vacated by all persons who are or may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the land. (4) An appeal shall lie from an order of the Trust made under sub-section (3) to the State Government or the officer authorized by it. (5) An appeal under sub-section (4) shall be preferred within fifteen days from the date on which the order is communicated to the appellant: Provided that the State Government or the officer authorized by it may entertain the appeal after the expiry of the said period of fifteen day, if it or he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (6) Every appeal under sub-section (4) shall be disposed of by the State Government or the officer authorized by it as expeditiously as possible. (7) No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any order, notice, proceedings or action taken under this section."
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