Preamble
Himachal Pradesh Land Revenue (Amendment) Act, 1989*
| [Himachal Pradesh Act No. 15 of 1989]1 | [23rd June, 1989] |
Authoritative English text of the Himachal Pradesh Bhoo-Rajasva (Sanshodhan) Adhiniyam, 1989 (1989 ka Adhiniyam Sankhyank 15) as required under Clause (3) of Article 348 of the Constitution of India
An Act further to amend the Himachal Pradesh Land Revenue Act, 1954 (Act No. 6 of 1954).
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Fortieth Year of the republic, of India as follows:-
Section 1. Short title
1. Short title.- This Act may be called the Himachal Pradesh Land Revenue (Amendment) Act, 1989.
Section 2. Amendment of section 163
2. Amendment of section 163.- In section 163 of the Himachal Pradesh Land Revenue Act, 1954 (6 of 1954) (hereinafter called the principal Act),-
(a) in clause (d) of sub-section (1), for the words "five hundred" and "one thousand", the words "one thousand" and "two thousand" shall, respectively, be substituted;
(b) after sub-section (2), the following sub-sections (3), (4), (5) and (6) shall be added, namely:-
"(3) When there is a question as to title or to the adverse possession, wherein the possession is claimed by an encroacher for a period beyond thirty years in relation to the land from which ejectment is made or is to be made under this section, the Revenue Office not below the rank of an Assistant Collector of the First Grade, shall proceed to determine the question, as if he were a civil court find shall exercise all such powers as are exercise all by a civil court.
(4) For the determination of the question under sub-section (3), the Revenue Officer shall follow the same procedure as is applicable to the trial of an original suit by a civil court, and he shall record a judgment and decree containing the particulars required by the Code of Civil Procedure, 1908 (5 of 1908) to be specified therein.
(5) An appeal from the decree of the Revenue Officer made under sub-section (4) shall lie to the District Judge as if that decree were a decree of a Subordinate Judge in an original suit.
(6) A further appeal from the appellate decree of a District Judge upon an appeal under sub-section (5), shall lie to the High Court only if the High Court is satisfied that a substantial question of law is involved." and
(c) the existing sub-section (3) shall be renumbered as sub-section (7).
Section 3. Amendment of section 171
3. Amendment of section 171.- The existing clause (xxy) of sub-section (2) of section 171 of the principal Act shall be renumbered as (xxvi) and before clause so renumbered, the following clause shall be inserted, namely:-
"(xxv) any question, as to any land or any right to, of title or interest in, the land which is an encroached land or in relation to which any person claims that it has vested or is deemed to have vested in him and that he cannot be ejected therefrom under sub-section (1) of section 163; and"