Hi,
I have a query on gair mumkin sasta share aam. We are using a path which is the only path or road to our home. In revenue records, the khasra number of the path shows in the Malkkiyat of some people whivh are stopping road and panchayat and Local bdo are complicit in it.
However, the path in the revenue records show as a gair mumkin rasta , and kaastakar, Ehvaal states it as Share Aam.
I have two questions:
1. Though the khasra number is in the malkiyat but sjnce shown as gair mumkin rasta and kaastakar share aam. Does that mean the path should come under the jurisdiction of Municipal corporation or panchayat as per Himachal pradesh Village common lands vesting and Utilization act, 1974.
2. Can the Collector, D.C or Tehsildar construct or develop the road as per Section 8-A utilization of land for for development of the state according to Himachal pradesg Village common lands Vesting and Utilization act, 1974 since the path is gair mumkin rasta share aam which could would come under shamlaat immovable path.
I would really appreciate if someone can explain about it. Since, it seems there is too much confusion in local lawyers too about it and government officers have become incompetent.
Thanks,
Alok
