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[Cites 0, Cited by 0] [Section 4] [Entire Act]

State of Goa - Subsection

Section 4(2) in The Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975

(2)Any mundkar, who was in occupation of a dwelling house on the 4th February, 1971 and was evicted from such dwelling house thereafter but before the appointed date, shall be entitled to the restoration of such dwelling house, if-
(i)he makes an application to the Mamlatdar, in the prescribed form, within one year from the appointed date, for the restoration of such dwelling house; and
(ii)the bhatkar is not able to prove that-
(a)the mundkar was evicted from the dwelling house in execution of an order of the Mamlatdar or the Administrative Tribunal or a Civil Court; or
(b)the mundkar was paid by the bhatkar any consideration in cash or kind or given an alternative site for the construction of a dwelling house or an alternative dwelling house; or
(c)the dwelling house has been destroyed, dismantled or removed.
Explanation. - For the purposes of sub-clause (c) if it is proved to the satisfaction of the Mamlatdar that the dwelling house was destroyed, dismantled or removed in order to defeat the purposes of this Act, the bhatkar shall be liable to provide a similar dwelling house at his own cost in the same property and if not possible in his own nearest property. [* * *] [The expression 'If the bhatkar does not possess such land the Mamlatdar may provide for the same following the provisions under section 16.' Omitted by the Amendment Act 1 of 1977.]