Section 9(5) in The Himachal Pradesh Land Preservation Act, 1978
(5)If the objection is brought on all or any of the following ground that is to say-(a)that the notice might lawfully have been served on the occupier of the land in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served;(b)that some other person, being the owner, occupancy-tenant, mortgagee with possession, or lessee or farm holder, or possessing some other right in or over the land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required;(c)where the work or measure is work or measure for the common benefit of the land in question and other land, that some other person being the owner or occupier of land to be benefited, ought to contribute towards the expenses of executing any works or taking any measures required;the objector shall serve a copy of his notice of objection on each other person referred to, in clauses (a) to (c) and on the hearing of the objection the Deputy Commissioner may make such order as he thinks fit with respect to the person by whom any work is to be executed or measure is to be taken and the contribution to be made by any other person towards the cost of the work or measure, or as to the proportions in which any expenses which may become recoverable by the Deputy Commissioner under sub-section (6) are to be borne by the objector and such other persons:Provided that no such order shall be made unless the person who is likely to be affected thereby has been given a reasonable opportunity of being heard.In exercising his power under this sub-section the Deputy Commissioner shall have regard-(a)as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works and measures required, and(b)in any case, to the degree of benefit to be derived by the different persons concerned.
