Bare ActsThe Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947

Section 17

Amendment status not verified — confirm the current text below against the official source.

(1) Whenever in preparing a scheme for the consolidation of holdings, it appears to the Consolidation Officer that it is necessary to amalgamate any road, street, lane or path with any holding in the scheme, he shall make a declaration no that effect stating in such declaration that it is proposed that the right of the public as well as of all individuals in or over the said road, street, lane or path shall be extinguished or, as the case may be, transferred to a new road, street, lane or path laid out in the scheme of consolidation. (2) The declaration in sub-section (1) shall be published in the village concerned in the prescribed manner along with the draft scheme referred to in section 19. Government may of its own accord or on application declare its intention to make scheme for consolidation of holdings. Preparation of scheme and principles to be followed in its preparation Scheme to provide for compensation. I of 1894 Sau. Ord. XXI of 1948. Amalgamation of public roads etc,with in scheme for consolidation of holdings. Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII (3) Any member of the public or any person having any interest or right, in addition to the right of public highway, in or over the said road, street lane or path or having any other interest or right which is likely to be adversely affected by the proposal may, within thirty days after the publication of the declaration under sub-section (1) state to the Consolidation Officer in writing his objection to the proposal, the nature of such interest or right and manner in which it is likely to be adversely affected and the amount and the particulars of his claim to compensation for such interest or right : Provided that no claim for compensation on account of the extinction or diminution of the right of public highway over such road, street, lane or path shall be entertained. (4) The Consolidation Officer shall, after considering the objections, if any, made to the proposal, submit it with such amendments, if any, as he may consider necessary, to the Settlement Commissioner, together with the objections received, his recommendations thereon and a statement of the amounts of compensation, if any, which in his opinion are payable, and of the persons by whom and the persons to whom such compensation is payable. The decision of the Settlement Commissioner on the proposal and regarding the amount of compensation and the persons by whom such compensation, if any, is payable, shall, subject to any modification made by the 59[State] Government, be final. 60[18. (1) Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Consolidation Officer, in consultation with the village committee,- (a) to direct that any land specifically assigned for any public purpose shall cease to be so assigned and to assign any other land in its place; (b) if in any area under consolidation no land is reserved for any public purpose including extension of the village sites, or if the land so reserved in inadequate, to assign other land for such requirements and for that purpose to effect a proportionate cut in all the holdings of the village. (2) Where a proportionate cut in all the holdings of a village has been effected under sub-section (1), the State Government shall pay to every person affected thereby compensation in respect of the land recovered by such cut at the market value of the land at the date of the publication of the notification under section 15. (3) Save as provided in sub-section (2), the amount of such compensation shall be determined by the Consolidation Officer, so far as practicable in accordance with the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894].

Section 17 – The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 | DailyLaw.ai