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State of Punjab - Section

Section 101 in Punjab Regional and Town Planning and Development Act, 1995

101. Disputed ownership.

(1)Where there is a disputed claim as to the ownership of any piece of land included in an area in respect of which a declaration of intention to make a scheme has been made and any entry in the record of rights or mutation register relevant to such disputed claim, is inaccurate or inconclusive, an enquiry may be held on an application being made by the Authority or the Arbitrator at any time prior to the date on which the Arbitrator draws up the final scheme under clause (xxi) of sub-section (3) of section 102 by such officer as the State Government may appoint for the purpose of deciding as to who shall be deemed to be the owner for the purposes of this Act.
(2)The decision under sub-section (1) shall not be subject to appeal but it shall not operate as a bar to a regular suit in a civil court.
(3)The decision under sub-section (1) shall in the event of a civil court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as soon as practicable after such decree has been brought to the notice of the Authority either by the civil court or by a person affected by such decree.
(4)Where a decree referred to in sub-section (3) by the civil court is passed after final scheme has been sanctioned by the State Government under section 113, the final scheme shall be deemed to have been suitably varied by reason of such decree.