Strictly Private and Confidential Draft for discussion purposes ... - Delhi

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only56. Procedure for claiming indemnityThe Tribunal shall if it determines under section 55 that a right of indemnification hasarisen under this Chapter, ascertain the amount of the indemnity payable by the Authorityin accordance with section 58 and award the indemnity together with reasonable costsand expenses as determined by the Tribunal.57. Recovery of indemnity paid(1) Where an indemnity is paid for a loss, the Authority shall be entitled to recover theamount paid from any persons who have caused or substantially contributed to the loss bytheir fraud, in proportion to their respective contributions to the loss as arrears of landrevenue or in any manner it may deem proper.(2) The Authority shall be entitled to enforce any express or implied covenant or other rightwhich the person who is indemnified would have been entitled to enforce in relation tothe matter in respect of which indemnity has been paid.(3) For the avoidance of doubt, it is hereby declared that subsections (1) and (2) shall notoperate to prevent a person to whom an indemnity has been paid from taking any legalproceedings or enforcing any right to recover any amount of damages that, he has notbeen able to recover from the Property Titles Indemnity Fund.58. Discrepancy regarding Survey, allocation of UIN and Recordal of Survey detailsAs between the government, the Authority, any person appointed by the Authority toconduct the survey and the owner of registered immovable property no claim toindemnity under this Part shall arise, and no legal proceedings in respect thereof shall becommenced or maintained, on account of -(a)any surplus or deficiency in the area or measurement of the immovable propertydisclosed by a survey (whether or not by an authorized land surveyor) showingan area or measurement differing from the area or measurement:(i)(ii)disclosed on any subsequent survey of the immovable property; orshown in the register of titles;(b)any details regarding the owner of the immovable property or interests on suchimmovable property disclosed to the survey or determined independently by theSurvey Officer.59. Property Titles Indemnity Fund(1) An indemnity fund, to be known as the Property Titles Indemnity Fund, shall beestablished for the purposes of this Chapter in accordance with the rules framed by thegovernment.38