Section 5 in The Kosi Area (Restoration of Lands to Raiyats) Act, 1951
5. Objection to the restoration of holding and manner of disposal.
(1)On the date fixed in the notice, the landlord or any other person may appear and object to the restoration of the holding or portion thereof on anyone or more of the following grounds, namely :-(a)that he has constructed any building or other structure of a permanent nature or planted any garden on the holding or any portion thereof before the date of the commencement of this Act and that such building, structure or garden is of such a value that the restoration of the land covered by such building, structure or garden will be unfair; and(b)that he has excavated any tank or sunk any pucca well on the holding or any portion thereof before the date of the commencement of this Act.(2)The Collector shall thereupon make such inquiry as he thinks fit and if he decide. -(a)that such building, structure or garden is of such a value that the restoration of the land covered by such building, structure or garden will be unfair, the Collector shall. -(i)if such building, structure or garden covers the entire holding or portion, drop the proceedings;(ii)if such building, structure or garden covers only a part of such holding or portion, drop the proceedings in so far as they relate to the site of such building, structure or gArden and the lands immediately appurtenant thereto and necessary for its enjoyment, and order that the proceedings shall proceed with respect to the remaining part of the holding or portion;(b)that the objector has excavated any tank or sunk any pucca well, the Collector shall -(i)if such tank or well covers the entire holding or portion, drop the proceedings;(ii)if such tank or well covers only a part of such holding or portion, drop the proceedings in so far as they relate to the site of such tank or well and the lands immediately appurtenant thereto and necessary for its enjoyment and order that the proceedings shall proceed with respect to the remaining part of the holding or portion.Explanation. - In this section "garden" means a parcel of land having fruit trees, or bamboo clumps on it.
