UWMEED Act 91Chapter VIII · Judicial Proceedings
Section 91 · Proceedings under the Act 1 of 1894
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(1) If, in the course of proceedings under 1[ the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of
2013)] or under any law for the time being in force relating to the acquisition of land or other property,
2[and before an award is made, in case the property] under acquisition is 3[waqf] property, a notice of
such acquisition shall be served by Collector on the Board and further proceedings shall be stayed to
enable the Board to appear and plead as a party to the proceeding at any time within three months from
the date of the receipt of such notice.
Explanation.---The reference to the Collector in the foregoing provisions of this sub-section shall, in relation to any other law referred to therein, be construed, if the Collector is not the competent authority under such other law to make an award of the compensation or other amount payable for acquisition of land or other property thereunder, as a reference to the authority under such other law competent to make such award.
(2) Where the Board has reason to believe that any property under acquisition is 3[waqf] property, it may at any time before the award is made appear and plead as a party to the proceeding.
(3) When the Board has appeared under the provisions of sub-section (1) or sub-section (2), no order shall be passed 4[under section 77 or section 78 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard.
(4) Any order passed 4[under section 77 or section 78 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard, 5[shall be kept in abeyance relating to portion of the property claimed by the Board, if the Boar], within one month of its coming to know of the order, applies in this behalf to the authority which made the order:
6[Provided that the Collector after hearing the parties concerned shall make the order within one month of the application of the Board.]
Explanation.---The reference to the Collector in the foregoing provisions of this sub-section shall, in relation to any other law referred to therein, be construed, if the Collector is not the competent authority under such other law to make an award of the compensation or other amount payable for acquisition of land or other property thereunder, as a reference to the authority under such other law competent to make such award.
(2) Where the Board has reason to believe that any property under acquisition is 3[waqf] property, it may at any time before the award is made appear and plead as a party to the proceeding.
(3) When the Board has appeared under the provisions of sub-section (1) or sub-section (2), no order shall be passed 4[under section 77 or section 78 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard.
(4) Any order passed 4[under section 77 or section 78 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)] or under the corresponding provisions of the other law referred to in sub-section (1) without giving an opportunity to the Board to be heard, 5[shall be kept in abeyance relating to portion of the property claimed by the Board, if the Boar], within one month of its coming to know of the order, applies in this behalf to the authority which made the order:
6[Provided that the Collector after hearing the parties concerned shall make the order within one month of the application of the Board.]
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