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State of Jammu-Kashmir - Section

Section 28 in The Jammu and Kashmir Consolidation of Holdings Act, 1962

28. Disposal of objection on the statement.

(1)All objections received by the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] shall, as soon as may be, after the expiry of the period of limitation prescribed therefor, be submitted by him to the [Consolidation-Tehsildar] [Substituted by Act XXVI of 1969.] who shall dispose of the same in the manner hereinafter provided after giving notice to the parties concerned and the Consolidation Committee.
(2)[ Any person aggrieved by the order of the Consolidation Tehsildar under sub-section (1) may, within thirty days of the date of the order, file an appeal before the Settlement Officer (Consolidation) and any person aggrieved by the order of the Settlement Officer (Consolidation) may, within thirty days, appeal to the Director of Consolidation. The decision of the Director of Consolidation shall, except as otherwise provided by or under this Act, be final.] [Sub-section (2) substituted by Act XXVI of 1969.]
(3)The [Consolidation Tehsildar, the Settlement Officer (Consolidation) and the Director of Consolidation] [Substituted by Act XXVI of 1969.] shall, before deciding the objection or the, appeal, as the case may be, make a local inspection of the plots in dispute after giving due notice of their intention to do so to the parties concerned and the Consolidation Committee.
(4)If during course of hearing or disposal of objections under sub-section (1) or appeal under sub-section (2), the [Consolidation Tehsildar or the Settlement Officer (Consolidation) or the Director of Consolidation,] [Substituted by Act XXVI of 1969.] as the case may be, is of the opinion that material injustice is likely to be caused to a number of tenure-holders in giving effect to the Statement of Proposals as prepared by the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] or as subsequently modified by the [Consolidation Tehsildar] [Substituted by Act XXVI of 1969.] and that a fair and proper allotment of land to the tenure holders of the unit is not possible without revising or getting fresh Statement of Proposals prepared, it shall be lawful, for reasons to be recorded in writing for-
(i)the [Consolidation Tehsildar] [Substituted by Act XXVI of 1969.] to revise the Statement of Proposals before him, after giving opportunity of hearing to the tenure-holders concerned or to remand the same to the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] with such directions as may be considered necessary;
(ii)the [Director of Consolidation or Settlement Officer (Consolidation)] [Substituted by Act XXVI of 1969.] to revise the Statement of Proposals pending before him in appeal after giving opportunity of hearing to the tenure-holders concerned or to remand the same with such directions as he may consider necessary-
(a)to the [Consolidation Tehsildar] [Substituted by Act XXVI of 1969.] for decision after re-hearing of the objections ; or
(b)to the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] for the preparation of a fresh Statement of Proposals in accordance with the provisions of section 26.