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The State Acquisition and Tenancy Act, 1950 (East Bengal Act)

( ACT NO. XXVIII OF 1951 )

1Chapter XVIIA

LAND SURVEY TRIBUNAL AND LAND SURVEY APPELLATE TRIBUNAL

Land Survey Tribunal

145A. (1) The Government may, by notification in the official Gazette, establish as many Land Survey Tribunals as may be required to dispose of the suits arising out of the final publication of the last revised record-of-rights prepared under section 144.

 
 
 
 

(2) The Government may, by notification in the official Gazette, fix and alter the territorial limits of the jurisdiction of any Land Survey Tribunal.

 
 

(3) The Government shall, in consultation with the Supreme Court, appoint the judge of the Land Survey Tribunal from among persons who are Joint District Judges.

 

2[(3A) Until such judge is appointed under sub-section (3), the Government may empower a Joint District Judge in each district as the judge of the Land Survey Tribunal of the district.

(3B) The Joint District Judge empowered under sub-section (3A) shall be deemed to be the judge of the Land Survey Tribunal appointed under sub-section (3).

(3C) The Government may, if necessary, appoint one or more Senior Assistant judge or Assistant Judge as a judge of the Land Survey Tribunal to dispose of the suits transferred by the judge of the Land Survey Tribunal appointed or empowered under this section.]

 
 
 
 

(4) No suit other than the suits arising out of the final publication of the last revised record of rights prepared under section 144 shall lie in the Land Survey Tribunal.

 
 
 
 

(5) If any suit arising out of the final publication of the last revised record-of-rights prepared under section 144 is instituted in any civil court before the establishment of the Land Survey Tribunal under this section, such suit shall stand transferred to the Tribunal as soon as it is established.

 
 
 
 

(6) Subject to the provision of sub-section (7), any person aggrieved by the final publication of the last revised record-of-rights prepared under section 144 may, within one year from the date of such publication or from the date of the establishment of the Land Survey Tribunal, whichever is later, file a suit in such Tribunal.

 
 
 
 

(7) A suit may be admitted within next one year after the expiry of the period specified in sub-section (6), if the Land Survey Tribunal is satisfied with the reasons for delay shown by the plaintiff.

 

3[(7A) The Land Survey Tribunal shall conclude the trail of a suit within 180 (one hundred and eighty) days from the date fixed for its final hearing.]

 
 
 
 

(8) The Tribunal shall be competent to declare the impugned record-of-rights to be incorrect and further direct the concerned office to correct the record-of-rights in accordance with its decision, and may also pass such other order as may be necessary.


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