Section 17 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
17. Amalgamation of public roads, etc. within the scheme for consolidation of holdings.
(1)Whenever, preparing a scheme for the consolidation of holdings, it appears to the Consolidation Officer that it is necessary to amalgamate any road, street, lane or path with any holding in the scheme, he shall make declaration to that effect stating in such declaration that it is proposed that the rights of the public as well as of individuals in or over the said road, street, lane or path shall be extinguished or, as the case may be transferred to a new road, street, lane or path laid out in the scheme of consolidation.(2)The declaration in sub-section (1) shall be published in the village concerned in the prescribed manner along with the draft scheme referred to in Section 19.(3)Any member of the public or any person having any interest or right, in addition to the right of public highway, in or the said road, street, lane or path or having any other interest or right which is likely to be an adversely affected by the proposal may, within thirty days after the publication of the declaration under sub-section (1) state to the Consolidation Officer in writing his objection to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected and the amount and the particulars of his claim to compensation for such interest or right:Provided that, no claim for compensation on account of the extinction or diminution of the right of public highway over such road, street, lane or path shall be entertained.(4)The Consolidation Officer shall, after considering the objections, if any, made to the proposal, submit it with such amendments, if any, as he may consider necessary, to the Settlement Commissioner, together with the objections received his recommendations thereon and a statement of the amounts of compensation, if any, which in is his opinion are payable, and of the person by whom and the person to whom such compensation is payable. The decision of the Settlement Commissioner on the proposal and regarding the amount of compensation and the persons by whom such compensation, if any, is payable, shall, subject to any modification made by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, be final.
