Section 11A in The M.P. Ceiling On Agricultural Holdings Act, 1960
11A. [ Consequences to ensure commencement of the Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1989. [Sections 11-A and 11-B inserted by M.P. Act No. 8 of 1989 (w.e.f. 1-11-1988).]
(1)On the commencement of the Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1989, the following consequences shall ensue namely :-The competent authority shall-(a)proceed to deal with and dispose of the cases which were heretofore deferred for decision consequent on reference to Civil Court for decision in the matter of title of land;(b)take or cause to be taken possession of the land declared surplus under sub-section (6) of Section 11 and vested in the State Government absolutely free from all encumbrances under Section 12 immediately; and(c)by a notice require the holder to give his option within a period of fifteen days from the date of receipt of such notice about the land he intends to retain failing which the competent authority shall to the extent possible include the encumbered and improved land in the land to be retained by the holder.(2)The Civil Court before whom the cases arising out of Section 11 as it stood immediately before 1st November, 1988 were pending may deal with those cases but such tendency before the Civil Court shall not prevent the competent authority from disposing of the cases under this Act, notwithstanding any stay granted or other process issued by the Civil Court debarring the competent authority for doing so.(3)If the final disposal of the case pending before the Civil Court results in declaration of the title of land to a person other than the holder of the land who had filed return under this Act, such person shall not be entitled for the land of which he had claimed the title, if such land already stands distributed in accordance with the provisions of this Act and in that event the said person shall be paid market value of the said land calculated in such manner as may by prescribed :Provided that where the total land together with the land to which holder has become entitled under this sub-section shall apply in respect of that such land which is in excess of the ceiling limit.(4)(a)No suit or proceeding for declaration of title or any right over any agricultural land declared surplus and vested in the State Government under this Act shall be entertained by any Court unless the plaintiff or applicant, as the case may be, has impleaded the State of Madhya Pradesh as one of the defendants or non-applicants, as the case may be, to such suit or proceeding.(b)No Court shall proceed with pending suit or Proceeding referred to in clause (a) unless, as soon as may be, the State Government is so impleaded as a defendant or non-applicant.Explanation. - The expression "suit or Pending" used in this sub-section shall include appeal, reference or revision but shall not include any proceeding for or connected with execution of any decree or final order passed in such suit or proceeding.
