Section 18 – Passage – Right of -- Appellants are in unauthorised occupation of the land reserved for a passage during the consolidation proceedings -- Contention that the appellants are also members of Jumla Mushtarka Maalkaan, who are entered as owners in Jamabandi of the land in dispute and as such they cannot be ejected from that land – Held, the consolidation authorities have the power to reserve land for common purposes in a village by imposing a pro rata cut upon the right holders -- As per provisions of Section 23-A, the land so reserved shall be under the ownership of the Jumla Mushtarka Maalkaan – Therefore, contention deserves to be rejected. Raghbir Singh and others v. Collector, Bhiwani and others, 2011(2) L.A.R. 394 (P&H DB).
Section 18, 23-A – Public purpose – Unauthorised occupation -- Right of -- During consolidation proceedings, land in dispute was kept reserved for a public purpose i.e. ‘latrines’ -- Appellant amalgamated the said part of the land of the Gram Panchayat in his house -- Nothing on record to show that house of the appellant was in existence before the year 1950 -- Appellant is a law breaker – Contention that the appellant’s only house exist in the land in dispute as such, it was incumbent for the authorities below to declare him owner of the same is liable to be rejected. Gurmail Singh v. Director and others, 2011(2) L.A.R. 405 (P&H DB).
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