Orissa Consolidation of Holdings and Prevention of
Fragmentation of Land Act, 1972 (hereinafter referred to as "the Act"), are
void. Having held ... void. He further submitted that when a
person, intending to transfer or fragment a portion of chaka, is unable to
do so owing
authorities under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, "the Act"). The authorities were ... fact that the petitioners were husband and wife and they may not fragment the Chakas, and cultivate the land jointly. The Collector held that
Section 35(2) of
the Orissa Consolidation of Holding and Prevention of
Fragmentation Land Act, 1972 (in short ... transfer of any fragment of the consolidable area/land.
Thereafter the order dated 22nd October 2009, passed by the
Collector, Puri, was assailed before this
Section 34 of
the Orissa Consolidation of Holdings and Prevention of
Fragmentation of Land Act, 1972 (OCH & PFL Act).
Accordingly, the Appellants filed Misc ... Planning (TP) area; that in the
TP area the chaka could be fragmented and therefore Sections
Orissa Consolidation of Holdings and Prevention of
Fragmentation of Land Act, 1972 (for short, 'the OCH & PFL Act'). It
is further stated ... shall be
portioned and transferred or partitioned so as to create a
fragment.
(2) No fragment shall be transferred except, to a land-
owner
without informing the plaintiff and without seeking
necessary permission, thereby creating a fragment. As
such, the provision under Section 34 of the Orissa
Consolidation ... Holdings and Prevention of Fragmentation
of Land Act, 1972 (in short, 'OCH & PFL Act') was violated.
Nevertheless, possession was never delivered
Section 51 Orissa
Consolidation of Holdings and Prevention of Fragmentation of
Land Act, 1972 (for short, 'the OCH & PFL Act, 1972'). They ... legislation of OCH & PFL Act,
1972, i.e. prevention of fragmentation in any manner,
failing which, any of the partis may apply
Orissa Consolidation of Holdings and Prevention of
Fragmentation of Land Act, 1972 (for short, 'the OCH & PFL Act,
1972'). The Defendant ... Plaintiff is said to be illegal as it has caused
fragmentations of Chaka. The Plaintiff having somehow managed
to get his name included
contravention of the Orissa
2
Consolidation of Holdings and Prevention of Fragmentation of Land
Act ('OCH & PFL Act') and as such void ... land and as such, the same cannot be termed
as 'fragment'.
4. On the inter se pleadings of the parties, learned trial court
Orissa Consolidation of Holdings and Prevention of
Fragmentation of Land Act, 1972 (for short, 'the OCH & PFL
Act') before the Collector, Jagatsinghpur ... read as
follows:
"34. Prevention of fragmentation. -(1) No
agricultural land in a locality shall be
transferred or partitioned so as to create
