7 & 10 are relevant.
Section 8 prohibits any transfer or partition which would create a
fragment. Section 7 declares that, any transfer of fragment ... until the land is notified as fragment as
contemplated u/s 6(2) of Fragmentation Act, Section 7 cannot be
pressed into service. Section
District Judge has also relied upon Section 30 of the Indian Succession Act. Section 7 of the Bombay Fragmentation Act reads thus ... others as stated in the proviso to Sub-section (1) of Section 7 of the Bombay Fragmentation Act. Therefore, it follows that the restriction imposed
Section 7 in The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947
7. Transfer and lease of fragments.
(1) No person shall transfer ... fragment in respect of which a notice has been given under sub-section (2) of section (6) [except to the owner of] [These words were
Section 7 in The Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972
7. Power relating to partition of joint holding amalgamation ... village boundaries.
(1) Upon the publication of the notification issued under sub-section (1) of section 3, no partition of a holding lying
Section 7 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
7. Transfer; and lease of fragments.
- [(1) Any fragment in respect ... which a notice has been given under sub-section (2) of section 6 may be transferred to any agriculturalist as defined in relevant tenancy
Consolidation and Prevention of Fragmentation) Act, 1948
7. Transfer and lease of fragments.
(1) No person shall transfer any fragment in respect of which ... notice has been given under sub-section (2) of section 6 unless thereby the fragment becomes merged in a contiguous survey number or recognised
fragment within the definition of the term "Fragment" under sub-section (4) of section 2 of the Bombay Prevention of Fragmentation and Consolidation ... section 7(1) , which is the section in issue in this writ petition. It provides :-
"7(1) No person shall transfer any fragment
look at the provisions of Section 7 which reads as under:
7. (1) No person shall transfer any fragment in respect of which a notice ... such words in the section and to extend the prohibition of the section accordingly. On the plain language of Section 7(1) , it must
Section
7 reads as under:
"3. Amendment of Section 7 of Bom.LXII of
1947:- in the principle Act in Sec.7 , -
Page ... Section 7(1) was amended and as per the amended
Section 7(1) , if a person is an agriculturist and he
purchases the fragment
that there was no any breach of section 7 as well as section 9 of the Fragmentation Act as alleged. He has also submitted that ... initiating action under section 9(1) , (2) and (3) of the Fragmentation Act for the breach of section 7 thereof since no prior permission
