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[Cites 0, Cited by 0] [Section 26] [Entire Act]

State of Uttarakhand - Subsection

Section 26(4) in Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960

(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.