Chapter III Procedure for Consolidation.

With the object of consolidating holdings in any village or taluqa or any part thereof for the purpose of better cultivation of lands therein, the Government may, of its own motion or on application made in this behalf, declare by a notification in the Official Gazette and by publication in the prescribed manner in the village or villages concerned its intention to make a scheme for the consolidation of holdings in such village or villages or part thereof as may be specified. On such publication in the village concerned the Govennment may appoint a Consolidation Officer, who shall proceed to prepare a scheme for the consolidation of holdings in such village or villages or part thereof, as the case may be, in the manner hereinafter provided.

(1) The Consolidation Officer shall, after giving due notice to the land owners concerned and the Village Committee, visit each of the concerned villages and shall in consultation with the village Committee proceed to prepare a scheme for the consolidation of holdings which shall include such statements, records and maps as may be prescribed. (2) In preparing the scheme the Consolidation Officer shall have regard to the procedure which the Government may from time to time prescribe in regard to the number of blocks in which the village lands are to be grouped, the manner of allotting new plots to each owner, the recommendations of the Village Committee and such other matters as may be prescribed.

(1) Whenever in preparing a scheme for the consoIidation of holdings, it appears to the Consolidation Officer that it is necessary to amalgamate any road, street, lane or path with any holding in the scheme, he shall make a declaration to that effect stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over the said road, street, lane or path shall be extinguished or, as the case may be transferred to a new road, street, lane or path laid out in the scheme of consolidation. (2) The declaration in sub-section (1) shall be published in the village concerned in the prescribed manner along with the draft scheme referred to in section 20. (3) Any member of the public, or any person having any interest or right, in addition to the right of pubiic highway in or over the said road, street, lane or path, or having any other interest or right which is likely to be adversely affected by the proposal may, within thirty days after the pubiication 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 or path 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 Commissioner, together with the objections received, his recommendations thereon and a statement of the amounts 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 Commissioner on the proposal and regarding the amount of compensation and the persons by whom such compensation, if any, is payable, shall, subject to any modification made by the Government, be final.

Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Consolidation Officer to direct in consultation with the Village Committee- (a) that any land specifically assigned for any common purpose shall cease to be so assigned and to assign any other land in its place; (b) that if in any area under consolidation no land is reserved for any common purpose including extension of the village sites, or if the land so reserved is inadequate, to assign other land for such requirements and for that purpose to effect a pro-rata cut in all the holdings of the village.

(1) Upon the confirmation of the scheme under sub-section (1) or (3) of section 21, a notification stating that the scheme has been confirmed shall be published in the Official Gazette, and the scheme as confirmed shall be published in the prescribed manner in the village or villages concerned. If two-thirds or more of the owners affected by such scheme agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow all the owners to enter into such possession forthwith or from such date as may be specified by him. (2) If two-thirds or more of such owners do not agree to enter into possession under sub-section (1), all the owners shall be entitled to possession of the holdings allotted to them under the scheme from the commencement of the agricultural year next following the date of publication of the notification in the Official Gazette under sub-section (1). (3) In enforcing the provisions of sub-section (1) or (2), the Consolidation Officer shall, if necessary put the owners in possession of the holdings to which they are entitled under the scheme and for doing so may, in the prescribed manner, evict any person from any land. (4) Notwithstanding anything contained in sub-section (2) no owner shall be entitled to possession of any holding allotted to him under the scheme unless he deposits in the prescribed manner within sixty days of the commencement of the said agricultural year such compensation as is recoverable from him under the scheme. (5) Where an owner fails to comply with the provisions of sub-section (3), his right in such holding may be allotted in the prescribed manner by the Consolidation Officer to any other person who pays the value of the holding, and in such case the value realised after deducting the expense (hereinafter called the net value) shall be paid to the owner and any other person having an interest in the holding. (6) If no person is forthcoming to pay the value of the holding, the Government may recover from the owner the compensation recoverable from him under the scheme as an arrear of land revenue or the Government may itself purchase the holding after paying the net value of the holding to the owner and any other person having interest in the holding.

As soon as the persons entitled to possession of holdings under this Act have entered into possession of the holdings respectively allotted to them, the scheme shall be deemed to have come into force.

Notwithstanding anything contained in any law for the time being in force, the rights of owners, or other persons having interest, shall for the purpose of giving effect to any scheme of consolidation affecting them be transferable by exchange or otherwise.

The cost of carrying out the scheme of consolidation shall be assessed in the prescribed manner and recovered from the persons whose holdings are affected thereby, in such proportion and at such rates as may from time to time be determined by the Government.

Compensation under section 17 or costs under section 26 or any other sums payable under this Act shall be recoverable as arrears of land revenue.