Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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vijay kumar (student)     28 January 2022

Seeking clarification and interpretation of law.

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013

84. Punishment for false information, mala fide action, etc.–

(1) If a person, in connection with a requirement or direction under this Act, provides any information that is false or misleading, or produces any false document, he shall be liable to be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both.

(2) Any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means shall be liable to be recovered by the appropriate Government in the manner as may be prescribed.

85. Penalty for contravention of provisions of Act.–If any person contravenes any of the provisions relating to payment of compensation or rehabilitation and resettlement, every such person shall be liable to a punishment of six months which may extend to three years or with fine or with both.

88. Cognizance of offences by court.–No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act.

89. Offences to be non-cognizable.–Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence under this Act shall be deemed to be non-cognizable.

90. Offences to be cognizable only on complaint filed by certain persons.–No court shall take cognizance of any offence under this Act which is alleged to have been committed by a Requiring Body except on a complaint in writing made by the Collector or any other officer authorised by the appropriate Government or any member of the affected family.

There is no limitation period given for above stated clauses.

I would like to know can an Individual whose Right has been encroached upon and taken by fraud and fabrication of Documents. Can that person file a complaint case at magistrate court ?

Fake Legal Heir Certificate / Family Member certificate has been used to illegally claim share of other family member.

Please also clarify what provision would be used to recover the illegally claimed compensation ?

98. Notice in case of suits for anything done in pursuance of Act.–No suit or other proceeding shall be commenced against any person for anything done in pursuance of this Act, without giving to such person a month‘s previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amendments.

Do aggrieved has to give notice to the perpetrator or to the office or to the collector ?

 



Learning

 4 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     29 January 2022

I would like to know can an Individual whose Right has been encroached upon and taken by fraud and fabrication of Documents. Can that person file a complaint case at magistrate court ?
 

Yes, you can file a criminal case on the persons, who are involved in it.

Fake Legal Heir Certificate / Family Member certificate has been used to illegally claim share of other family member.
 

You need to prove with proper evidence to show that the Legal Heir Certificate/Family Member Certificate was obtained by way of fraud.

 

Please also clarify what provision would be used to recover the illegally claimed compensation ?
 

You need to file the suit for recovery to claim the compensation for the Land Acquisition Authorities as well as the Persons, who have received the compensation..

Do aggrieved has to give notice to the perpetrator or to the office or to the collector ?

Yes to the persons, who are required to be adjudicated.
 

vijay kumar (student)     29 January 2022

Thank you for reply sir.

Due to health issue of my parents documents were left at ancestral house in room where al member has lock and keys, but the documents were illegaly acquired and taken away by breaking the lock and key.

On the basis death certificate fake family member certificate/legal heir certificate has been obtained.

The same is used for claiming the compensastion.

we have been trying to search death certificate but cannot find and obtain duplicate copy of death certificate.

and land acquisition department is adamant about submitting the legal heir certificatre / family member certificate.

Have used RTi to get information but not getting information either, RTI is dysfunction in the sate of jharhand. 

 

There are other material evidence. The accused along with my family member has sold a property in joint in 2013. We are also ready for DNA test.

 

Aryan Raj   29 January 2022

Dear Vijay,

You can file a criminal case against the individuals implicated. Any individual found guilty of fraud faces a sentence of imprisonment of not less than six months but not more than ten years, as well as a fine of not less than the amount involved in the fraud but not more than three times the amount involved.

First, file a complaint with the police station about a forged document, then send a copy to the Revenue Department and a CC to the collector. Finally, if you know the property's survey number, make a representation to the Sub Register not to register the property. You must show that the Legal Heir Certificate/Family Member Certificate was obtained fraudulently with adequate evidence.

You will have to file  a case for recovery of the compensation. To recover compensation from the Land Acquisition Authorities as well as the individuals who have received compensation, you must prove that the evidences produced by the benefiting party were false and that they were all nothing but mere means to achieve the compensation wrongfully.

And you have to send a notice to the to the person against you are willing to file the case so that can produce and represent himself in the court.

Regards,

Aryan Raj 

 

 

vijay kumar (student)     29 January 2022

Fir was had been filed.

That has been closed under the influence.

Copy of report not officially given, obtained non official copy through a layer.

The fir has been closed citing non cognizable , civil matter. 

Applicant should approach Civil court for that.

That is why I have quoted the the section of the ACT which is relevant to the case.

 


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