Section 26 in Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960
26. Acquisition of land held by assami for a bhumidhar.
(1)A hissedar; who has become a bhumidhar under Section 8, may, within one year from the appointed date, apply in the manner prescribed to the Assistant Collector in charge of the sub-division for resumption of land adjoining his residential house and held by his asami.(2)In an application for resumption of land under sub-section (1), all hissedars of the land owning housed adjacent thereto, who have become bhumidhars thereof under Section 8, shall be joined as parties.(3)(a)a bhumidhar not seeking resumption under the foregoing provisions shall not be entitled to do so in any future proceedings.(4)In deciding an application under sub-section (1) regard shall be had to the following principles-(a)resumption of only so much land, not exceeding 2-5 nalis, shall be allowed as may be considered essential for the beneficial enjoyment of the residential house of the bhumidhar seeking resumption;(b)no resumption of land shall be allowed to a bhumidhar who is already possessed of an area of 2.5 nalis or more adjoining his residential house, or whose the asami whose land is proposed to be resumed has an area of 2,5 nalis or less;(c)not more than so much land shall be allowed to be resumed by a bhumidhar which, after including the area already held adjacent to his residential house, will exceed an area of 2.5 nalis;(d)where an asami has his residential house either adjoining or within the land proposed to be resumed the bhumidhar shall be allowed to resume only so such of his land as may be left after carmarking an area of 2,5 nalis for the asami;(e)not more than a total area of 2.5 nalis shall in any case, be allowed to be resumed in favour of one or more bhumidhars seeking resumption; and(f)such other principles as may be prescribed.(5)An Assistant Collector in charge of sub-division shall, where he allows resumption of land, award compensation, which shall be paid to the asami by the bhumidhar claiming resumption, at three times the rent payable by the asami in respect of the land resumed together with such other amount as may be determined in the manner prescribed on account of trees owned or improvements made by the asami if any.(6)Where any portion of the holding of an asami is resumed under the provisions of this section the Assistant Collector in charge of the sub-division shall determine the rent payable by him in respect of the remaining portion of his holding in such manner as may be prescribed.
