Section 7 in Karnataka Land Grabbing Prohibition Act, 2011
7. Constitution of Special Courts
(1)The Government may, for the purpose of providing speedy enquiry into any alleged act of land grabbing, and trial of cases in respect of the ownership and title to, or lawful possession of, the land grabbed and those offences specified in Chapter XIV-A of the Karnataka Land Revenue Act, 1964, by notification, constitute a Special Court.(2)A Special Court shall initially consist of a Chairman and four other members, to be appointed by the Government.(3)The Chairman shall be a person who is or was a judge of a High Court and of the other four members, two shall be persons who are or were District Judges (hereinafter referred to as Judicial Members) and the other two members shall be persons who hold or have held a post not below the rank of a Deputy Commissioner of the District (hereinafter referred to as Revenue Members):Provided that the appointment of a person who was a Judge of a High Court as the Chairman of the Special Court shall be made after consultation with the Chief Justice of the High Court.(4)The Government, if, it is of the opinion that Additional Bench of the Special Court is necessary for trial of such cases, may likewise constitute Additional Bench of Special Court, by notification, in respect of such area, as may be specified therein.(5)Such Additional Bench shall consist of one Judicial member and one Revenue member with a qualification specified in sub-section (3).(6)The Government from time to time likewise, by notification, reconstitute the Special Court constituted under sub-section (1).(7)The Chairman or other member shall hold office as such for a term of three years from the date on which he enters upon his office, or until the Special Court is reconstituted whichever is later.(8)(a)Subject to the other provisions of this Act, the jurisdiction, powers and authority of the Special Court may be exercised by benches thereof one comprising of the Chairman, a judicial member and a Revenue member and the other comprising of a Judicial Member and a Revenue member.(b)Where the bench comprises of the Chairman, he shall be the Presiding Officer of such a bench and where the bench consists of two members, the Judicial Member shall be the Presiding Officer.(c)It shall be competent for the Chairman either suo-moto or on a reference made to him to withdraw any case pending before the bench comprising of two members and dispose of the same or to transfer any case from one bench to another bench.(d)Where it is reasonably apprehended that the trial of Civil liability of a person accused of an offence under this Act, is likely to take considerable time, it shall be competent for the Chairman to entrust the trial of the criminal liability of such offender to another bench in the interest of speedy disposal of the case.(e)Where a case under this Act is heard by a bench consisting of two members and the members thereof are divided in opinion, the case with their opinions shall be laid before another judicial member or the Chairman and that member or Chairman, as the case may be after such hearing as he thinks fit, shall deliver his opinion and the decision or order shall follow that opinion.(9)The quorum to constitute a meeting of any bench of the Special Court shall be two.(10)No act or proceeding of the Special Court shall be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution or re-constitution thereof.
