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State of Uttarakhand - Section

Section 15 in Uttrkhand Hills Consolidation of Holdings and Land Reforms Act, 2016

15. Disposal of objections to the provisional Consolidation Scheme.

(1)All objections received by the Assistant Consolidation Officer shall, as soon as may be, after the expiry of the period of limitation prescribed therefore be submitted by him to the Consolidation Officer who shall dispose of the same, as also the objections received by him, in the manner hereinafter provided after notice, to the parties concerned and the Consolidation Committee.
(2)Any person aggrieved by the order of the Consolidation Officer under sub-section (1) may, within 45 days of the date of the order file an appeal before the Settlement Officer, Consolidation, whose decision shall, except as otherwise provided by or under this Act, be final.
(3)The Consolidation Officer shall, before deciding the objections, and the Settlement Officer, Consolidation may, before deciding an appeal, make local inspection of the plots in dispute after notice to the parties concerned and the Consolidation committee.
(4)It during the course of the disposal of an objection or the hearing of' an appeal, the Consolidation Officer or the Settlement Officer, Consolidation, as the case, may be, is of this opinion that Material injustice is likely to be caused to a number of tenure-holders in giving-effect to, the provisional Consolidation Scheme as prepared by the assistant Consolidation Officer, or as, subsequently modified by the Consolidation Officer, as the case may and, that, a fair and proper allotment of land to the, tenure-holders of the units is not possible without revising the provisional Consolidation Scheme, or getting a fresh one prepared, it shall be lawful, for reasons to be recorded in writing for-
(i)the consolidation officer to revised provisional consolidation scheme, after giving opportunity of being heard to the tenure-holders concerned, or to remand the same to the Assistant consolidation officer, with such directions as the Consolidation officer may consider necessary; and
(ii)the Settlement Officer, Consolidation to revise the provision of Consolidation Scheme after giving opportunity of being heard to the tenure-holders concerned or to remand the same to the Assistant Consolidation Officer, or the Consolidation Officer as the Settlement Officer Consolidation may think fit with such directions as they may consider necessary.