Section 10 in The U.P. Imposition Of Ceiling On Land Holdings Rules, 1961
10.
[Section 44]. - (1) Where a tenure-holder has opted to declare his share or part thereof in one or more of his holdings, held jointly by him along with others, as surplus land or where the Prescribed Authority proposes to declare any such share or part thereof as surplus land in Part C of C.L.H. Form 3, the Prescribed Authority shall, except where the tenure-holder is in separate possession of his share in such holding, proceed to demarcate the same before determining the surplus land of the tenure-holder.(2)For the purposes of sub-rule (1), the Prescribed Authority shall cause to be served on the tenure-holder and all the co-tenure-holders of the joint holding, a statement giving rental value of each plot, comprised in the joint holding (by multiplying its area with the rent-rate applicable) and the share of the tenure-holder, calling upon them to appear and file objections, if any, on a date to be specified in the notice in regard to the share or separate possession of the tenure-holder.(3)After hearing and considering the objections, if any, the Prescribed Authority shall, in case of joint possession or in case of separate possession of the tenure-holder is disputed, demarcate the plot or plots which fall within the share of tenure-holder having due regard to the following principles -(a)the valuation of the portion allotted to the tenure-holder shall be proportionate to his share in the holding;(b)the portion allotted to the tenure-holder shall as far as may [be] [Inserted vide Notification No. 509/1-A-42(2)-64, dated 26.8.1964] compact;(c)the tenure-holder shall, as far as may be possible, be given his proportionate share of inferior and superior classes of land;(d)the existing plot numbers shall not, as far as may be possible, be split up; and(e)plots which are in separate possession under some private arrangement, shall, as far as may be possible, be allotted to the tenure-holder to the extent of his share in the holding.(4)The Prescribed Authority shall prepare and place on record, a map showing the plots allotted to the share of the tenure-holder and, if any field has been sub-divided he shall demarcate the portion thereof which falls in the share of the tenure-holder.
