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Supreme Court of India 2019-01-09 allowed

Hansraj vs Mewalal and Ors

Bench: 2 — Ashok Bhushan

In Brief

This case concerns the allotment of consolidated holdings (chaks) under the U.P. Consolidation of Holdings Act, 1953. The appellant and respondents were co-sharers of an agricultural plot bordering a pitch road. The Consolidation Officer initially denied the appellant a chak on the road, but the Settlement Officer revised this to give all co-sharers road access. The High Court overturned this, but the Supreme Court allowed the appeal, holding that unpartitioned co-owned holdings cannot be allocated based on possession alone. All co-sharers have equal rights to benefit from valuable features like road access, and the Settlement Officer's equitable distribution was valid and properly made after spot inspection.

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Land Law Agricultural Law Consolidation of Holdings Property Rights Administrative Law Writ Jurisdiction Civil Procedure

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