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Section 82 - Decision of Claims to Property by or Against the Municipal Council in Karnataka Municipalities Act, 1964

snapp 82 KMA 1964 0 Notes

Decision of Claims to Property by or Against the Municipal Council.

(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 municipal council, or by any person as against the municipal council it shall be lawful for the Deputy Commissioner after enquiry, of which due notice has been given to pass an order deciding the claim.

(2) Any suit instituted in any civil court after the expiration of one yearfrom the date of any order passed by the Deputy Commissioner under subsection (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, 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 Deputy Commissioner may also be exercised by an Assistant Commissioner1[or any other officer of equal rank specified by the Government] in the case of a town municipal council.

(b) Any person shall be deemed to have had due notice of an enquiryor order under this section if notice thereof has been given in accordance with rules made in this behalf by the Government.

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1. Inserted by Act 83 of 1976 w.e.f. 8.12.1976.

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