Rights in waste land of another village

Madhya Pradesh Land Revenue Code, 1959

Tax1959309 of 312 sections available

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Statutory text

(1) Where the Collector is of the opinion that the waste land of any village is insufficient and it is in public interest to proceed under this section, he may, after such enquiry as he deems fit, order that the residents of the village shall have a right of nistar or a right of grazing cattle, as the case may be, in the neighbouring village to the extent specified in the order. (2) The residents of a village having a right of grazing cattle in the neighbouring village under sub-section (1) or Government forest may make an application to the Collector for recording their right of passage for the purpose of exercising the rights. (3) If, on enquiry into an application made under sub-section (2), the Collector finds that the right of passage is reasonably necessary to enable such residents to exercise the right of grazing their cattle in any other village or in the Government forest, he shall pass an order declaring their right to such passage and shall state the conditions upon which it shall be exercised. (4) The Collector shall further determine the route of passage, and shall restrict such route in such manner as to cause minimum inconvenience to the residents of the village through which it passes. (5) The Collector may, if he thinks fit, demarcate such route. (6) Orders passed by the Collector under this section shall be recorded in the Nistar Patrak. (7) Where the villages mentioned in sub-section (1) lie in different districts the following provisions shall apply, namely:-- (a) the orders specifying the right of nistar or the right of grazing cattle shall be passed by the Collector in whose district the village over which such right is claimed lies; (b) any orders regarding route of passage shall be passed by the Collector in whose respective jurisdiction the area over which passage is allowed lies; (c) the Collector passing an order in accordance with clauses (a) and (b) shall consult in writing the other Collector concerned.

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