Claim for compensation for removal under Section 26- A.

§26-B

Summary

1[26-B. (1) Any person aggrieved by the removal of obstruction or encroachment under Sub-section (4) of Section 26-A may within thirty days from the date of such removal prefer a claim for compensation or restitution or both before the Tribunal against either the Authority, or the officer ordering the removal or against both, and for making such officer personally liable for the loss caused to him due to such removal. (2)The District Judge having territorial jurisdiction over the area in which the removal -of encroachment or obstruction as provided in Sub- section (4)of Section 26-A has taken place shall be the Tribunal for the Purposes of this section. (3) Every order of the Tribunal for payment of any compensation for the restitution of any Immovable property shall be deemed to be a decree of the Civil Court and shall be executable as such. Provided that if the Tribunal awards any compensation again any officer personally, it shall be the duty of the Authority to realise the amount from the salary or the other dues of the officer concerned and to pay it to the claimant. (4) The proceedings before the Tribunal shall be deemed to be judicial Proceedings within the meaning of Sections 193 and -228 of the Indian Penal Code. (5) The Tribunal shall for the Purpose of deciding a claim under this section, have the same powers as are vested in a Civil Court under the Code of Civil Procedure,1908 while trying a suit in respect of the following matters, namely- (a) Summoning and enforcing the attendance of any person and examining him on oath: (b) Receiving evidence on affidavits; (c) Inspecting any immovable Property or its locality, or issuing commission for the examination of witnesses or documents of local investigation. (d) Requiring the discovery and production of documents. (e) Recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith: (f) Any other matter which may be prescribed. (6) The decision of the Tribunal shall be final.]

1[26-B. (1) Any person aggrieved by the removal of obstruction or encroachment under Sub-section (4) of Section 26-A may within thirty days from the date of such removal prefer a claim for compensation or restitution or both before the Tribunal against either the Authority, or the officer ordering the removal or against both, and for making such officer personally liable for the loss caused to him due to such removal. (2)The District Judge having territorial jurisdiction over the area in which the removal -of encroachment or obstruction as provided in Sub- section (4)of Section 26-A has taken place shall be the Tribunal for the Purposes of this section. (3) Every order of the Tribunal for payment of any compensation for the restitution of any Immovable property shall be deemed to be a decree of the Civil Court and shall be executable as such. Provided that if the Tribunal awards any compensation again any officer personally, it shall be the duty of the Authority to realise the amount from the salary or the other dues of the officer concerned and to pay it to the claimant. (4) The proceedings before the Tribunal shall be deemed to be judicial Proceedings within the meaning of Sections 193 and -228 of the Indian Penal Code. (5) The Tribunal shall for the Purpose of deciding a claim under this section, have the same powers as are vested in a Civil Court under the Code of Civil Procedure,1908 while trying a suit in respect of the following matters, namely- (a) Summoning and enforcing the attendance of any person and examining him on oath: (b) Receiving evidence on affidavits; (c) Inspecting any immovable Property or its locality, or issuing commission for the examination of witnesses or documents of local investigation. (d) Requiring the discovery and production of documents. (e) Recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith: (f) Any other matter which may be prescribed. (6) The decision of the Tribunal shall be final.]

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