Section 26 in The Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971
26. Amalgamation of public roads etc. within the scheme for consolidation of holdings.
(1)Whenever in preparing a scheme for the consolidation of holdings it appears to the Consolidation Officer that it is necessary to amalgamate any road, street, lane, channel, path, drain, tank, pasture or other land reserved for common purposes with any holding in the scheme, he shall make a declaration to that effect stating in such declaration that is proposed that the rights of the public as well as of the individuals in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes shall be extinguished or, as the case may be, transferred to a new road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes laid down in the scheme of consolidation.(2)The declaration in sub-section (1)shall be published in the estate concerned in the prescribed manner along with the draft scheme referred to in section 28.(3)Any member of the public or any person having any interest or right, in addition to the right of public highway, in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes or having any other interest or right which is likely to be 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, path channel, drain, tank, pasture or other land reserved for common purposes, 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 Officer (Consolidation), together with the objections received, his recommendations thereon and a statement of the amount of compensation, if any, which in his opinion are payable, and of the persons by whom and the persons to whom such compensation is payable The decision of the Settlement Officer (Consolidation), on the proposal and regarding the amount of compensation and the person by whom such compensation, if any, is payable, shall be final.
