The government has provisions for establishing Land Survey Appellate Tribunals to handle appeals from Land Survey Tribunals. Here’s an overview of their role and functions:

Establishment and Jurisdiction:

• Creation:
  • The government can establish as many Land Survey Appellate Tribunals as needed through a notification.
• Jurisdiction:
  • The government can notify and change the areas under the jurisdiction of these appellate tribunals through a notification.

Appointment of Judges:

• Judicial Appointments:
  • Judges are appointed from among district judges by the government.
• Temporary Empowerment:
  • Until a judge is appointed, the government can empower the district judge to act as the judge for that district’s appellate tribunal.
  • The empowered district judge will be considered as the appointed judge.
• Additional Appointments:
  • If needed, additional district judges can also be appointed by the government to hear appeals transferred by the appointed judge.

Appeal Process:

• Eligible Appeals:
  • Only appeals from judgments of Land Survey Tribunals can be made to these appellate tribunals.
• Filing an Appeal:
  • Appeals must be filed within 3 months of the judgment.
  • The appellate tribunal can admit appeals even after 3 months if there is a reasonable explanation for the delay.

Key Points Summary:

Visual Summary:

1. Establishment: Tribunals notified by government
2. Jurisdiction: Areas defined and adjusted in gazette
3. Primary Judges: District judges appointed
4. Temporary Empowerment: District judge empowered
5. Additional Judges: Appointed if needed
6. Appeal Eligibility: From Land Survey Tribunals’ judgments
7. Filing Deadline: Within 3 months
8. Late Appeals: Admitted with reasonable explanation

Important Notes:

• Purpose: Ensures appeals from Land Survey Tribunals are handled efficiently and fairly.
• Government Authority: Flexibility in establishing and adjusting appellate tribunals as needed.
• Judicial Appointments: Ensures qualified district judges handle appeals, with provisions for temporary empowerment and additional appointments as necessary.

This framework for Land Survey Appellate Tribunals helps manage the appeal process effectively, providing a clear path for addressing disputes arising from Land Survey Tribunals’ judgments.

Time for Preferring an Appeal to the Appellate Tribunal

The Land Survey Tribunal handles cases related to land surveys, but if you’re unhappy with its decision, you can file an appeal. Here’s everything you need to know about the appeal process:

Filing an Appeal:

• Tribunal:
  • Appeals must be filed in the Land Survey Appellate Tribunal.
• Time Frame:
• Standard Deadline: File within 3 months of the Land Survey Tribunal’s decision.
• Extended Deadline: File within 6 months if you have a good reason for the delay (no extensions beyond this as per the Limitation Act).

Current Situation:

• No Established Appellate Tribunal:
  • There is currently no Land Survey Appellate Tribunal set up.
• Alternative Recourse:
  • Those wishing to appeal can petition the High Court under the constitution.
  • The High Court can issue necessary orders in the absence of an Appellate Tribunal.

Recent Government Decision:

• District Court as Appellate Tribunal:
  • Until the Appellate Tribunal is established, the District Court will act as the Land Survey Appellate Tribunal.
  • This decision is yet to be implemented through an amendment to Sections 145B and 145C of the law.

Implications of Government Decision:

• Pending Amendment:
  • Current law still mentions that the Land Survey Appellate Tribunal should hear appeals.
• Impact on High Court:
  • Once amended, it will end the practice of approaching the High Court for appeals against the Land Survey Tribunal decisions.
• District Court Challenges:
  • The District Court is already burdened with many cases.
  • Adding more cases may create delays and inefficiencies without an increase in capacity or resources.

Key Points Summary:

Visual Summary:

1. Standard Deadline: 3 months
2. Extended Deadline: 6 months with good reason
3. No Further Extensions: Limitation Act compliance
4. Current Scenario: No Appellate Tribunal yet
5. High Court Petitions: Alternative recourse
6. Government Decision: District Court to act as Appellate Tribunal
7. Pending Amendment: Law sections need updating
8. Impact on District Court: Potential delays and inefficiencies

Important Notes:

• Filing Deadlines: Strict adherence to the 3-month or 6-month deadline is crucial.
• Current Lack of Tribunal: Understand that the High Court is an alternative until the Appellate Tribunal is established.
• Government Actions: Monitor the status of the legal amendments and the capacity of the District Court.

By understanding the timelines and current procedures for filing an appeal, stakeholders can navigate the legal processes related to land survey disputes more effectively.

Appeal to the Appellate Division

Recent amendments to the State Acquisition and Tenancy Act have significantly altered the appeal process for decisions made by the Land Survey Appellate Tribunal. Here’s a detailed overview:

Previous Appeal Process:

• Under Section 145C:
  • Appeals against the Land Survey Appellate Tribunal’s orders could be made to the Appellate Division of the Supreme Court.
  • This appeal required the Appellate Division to grant permission or leave to appeal.

Recent Changes:

• Repeal of Section 145C:
  • Section 145C has been repealed by the State Acquisition and Tenancy (Amendment) Act, 2023.
  • Now, there is no provision for further appeals to the Appellate Division of the Supreme Court from the Land Survey Appellate Tribunal’s orders.

Finality of Tribunal Decisions:

• Substitution of Section 145E:
  • Section 145E has been updated to reflect the finality of the Land Survey Tribunal’s decisions.
• New Section 145E:
  • Decisions of the Land Survey Tribunal are considered final.
  • These decisions are subject to any orders or decisions passed by the Land Survey Appellate Tribunal if there is an appeal.

Key Points Summary:

Visual Summary:

1. Previous Appeals: Supreme Court (with permission)
2. Repeal of Section 145C: No further appeals
3. Finality of Decisions: Tribunal’s decisions are final
4. Subject to Appellate Tribunal: Final unless appealed to Appellate Tribunal

Important Notes:

• No Further Appeals: Understand that no further appeal is allowed above the Land Survey Appellate Tribunal.
• Finality Clause: Recognize that the Land Survey Tribunal’s decisions are final unless overturned or modified by the Appellate Tribunal.
• Updated Legal Framework: Keep updated with the changes in the legal framework due to the amendments to ensure compliance and proper legal recourse.

By understanding these changes, stakeholders can navigate the legal landscape regarding land survey disputes with clarity and precision.