MMCNPIT Act 89Chapter VII · Municipal Property, Funds, Contracts And Liabilities

Section 89 · Decision of claims to property by or against the Council

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(1)

In any municipal area to which a survey of lands, other than lands ordinarily used for the purposes of agriculture only, has been or shall be extended under any law for the time being in force, where any property or any right in or over any property is claimed by or on behalf of the Council, or by any person as against the Council, it shall be lawful for the Collector after inquiry of which due notice had been given, to pass an order deciding the claim.

(2)

Any suit instituted in any Civil Court after the expiration of one year from the date of any order passed by the Collector under sub-section (1) or, if one or more appeals have been made against such order within the period of limitation, then from the date of any order passed by the final appellate authority as determined according to Section 204 of the [Bombay Land Revenue Code, 1879] [Please refer here the relevant provisions of the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966).], (Bombay V of 1879) (Hyd. VIII of 1317 Fasli) (M.P.II of 1955). Section 158 of the Hyderabad Land Revenue Acts, or Section 41 of the Madhya Pradesh Land Revenue Code, 1954, as the case may be, shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order, provided that the plaintiff has had due notice of such order.

(3)

(a)

The powers conferred by this section on a Collector may also be exercised by an Assistant or Deputy Collector or by a Survey Officer or a Settlement Officer or Assistant Settlement Officer, as the case may be;

(b)

The inquiry referred to in this section shall be conducted in accordance with the provisions relating to conduct of formal inquiry ordinarily contained in the relevant Land Revenue Code or Act in force in the municipal area.

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