LAND LAWS

BY – MR. DEEPAK KUMAR

 PART 1
MODULE 1 : CHHATTISGARH LAND REVENUE CODE, 1959.

Introduction.

Historical Background.

Object, Extent & Definitions.

Text Books:

M.P./Chhattisgarh Land Revenue Code, 1959

Author: M.L. Jindal.

07/02/2023 Publisher: M. Rajkamal

Ⓒ DeepakPublications,
Kumar, HNLUIndore.
Rpr 2023 2
 WHAT IS LAND / PROPERTY?
• Land is an area within the earth’s surface, and also everything above and
below it.
• Property is a bundle of rights related to land, such as ownership, possession,
right of enjoyment, right to dispose, right to destruct, and more. The
concept of Property tries to balance individual and social rights.
• Land may be private property or public property, based on the bundle of
rights attached to it. Every legal system sets out requirement for a valid title.
The title specifies the conditions to be fulfilled to make a person owner of
the property. Such owners are vested with some amount of proprietary
rights over the property.
• Property, be it private property or public property, exists to the ground
beneath the surface down to the epicentre of the earth’s core, and to a
column of space above the surface. It includes all objects on or under the
surface of the land in its natural state.

BERNSTEIN OF LEIGH V SKYVIEWS [1978] QB 479

Held: A landowner’s rights in the airspace above his land is restricted to such height as is necessary for the
ordinary use and enjoyment of his land and the structures upon it"
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 EVOLUTION OF PROPERTY RIGHTS
• There was no concept of personal property when humans were hunter-
gatherers. Everyone was expected to do anything and everything needed for
the existence of everyone and anyone. Economic transactions were non-
existent.
• The concept of property evolved with the agrarian revolution, when humans
started to control the natural environment. Property rights slowly gained
importance along with the development of agriculture, hunting, rearing of
domestic animals, and the associated material culture. The scarcity of
productive land soon resulted in competition of land. Land gradually became
the basis of the social order.
• The relationship between land and man changes at every phase. In the early
days, customs determined ownership of land, and protected it as well. The
emergence of the state meant the state started to play a dominant role in
property. However, various concepts of property emerged, as civilization
progressed. With the Industrial Revolution, land become all-important.

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• Land policy in India has been a major topic of government policy discussions since the time
prior to Independence from British rule.
• The peasants of the country strongly backed the independence movement and the "Land
to the Tiller" policy of the Congress Party because of the prevailing agrarian conditions.
• The agrarian structure during British administration emerged with a strong historical
background (Baden Powel, 1974; Dutt, 1976; Appu, 1996).
• The land-revenue system implemented by Todar Mal during Akbar's regime can be traced
as the possible beginning of systematic efforts to manage the land. This method
incorporated measurement, classification and fixation of rent as its main components.
• Under the various pre- British regimes, land revenues collected by the state confirmed its
right to land produce, and that it was the sole owner of the land. British rulers took a cue
from this system and allowed the existence of noncultivating intermediaries.
• The existence of these parasitic intermediaries served as an economic instrument to extract
high revenues (Dutt, 1947) as well as sustaining the political hold on the country.

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• Thus at the time of Independence the agrarian structure was characterized by
parasitic, rent-seeking intermediaries, different land revenue and ownership
systems across regions, small numbers of land holders holding a large share of
the land, a high density of tenant cultivators, many of whom had insecure
tenancy, and exploitative production relations.
• Immediately after Independence a Committee, under the Chairmanship of the
late Shri J. C. Kumarappa (a senior Congress leader), was appointed to look
into the problem of land.
• The Kumarappa Committee's report recommended comprehensive agrarian
reform measures. India's land policy in the decades immediately following its
independence was dominated by legislative efforts to address the problems
identified by the Kumarappa Committee (NCA, 1976; Joshi, 1987). A substantial
volume of legislation was adopted, much of it flawed and little of it seriously
implemented.

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 LAND AND PROPERTY IN THE CONSTITUTION OF
INDIA
• The Constitution of India struck an interesting balance whereby it recognized the power of
the state to acquire property, but for the first time in the history of India for a thousand years
or more, it recognized the individual’s right to property against the state. It tried to balance
right to property with right to compensation for its acquisition.
• In all, there are around 200 central legislations related to land, and additional state laws.
The most number of amendments to the Constitution of India has been with regards to
property rights.
• ** Pre-Constitutional Edicts **
• Article 17 of the Universal Declaration of Human Rights (1948) recognises the right to private
property. India is a signatory to that Declaration.
• Section 299 of the Government of India Act, 1935, the precursor to the Constitution of India,
affirmed “right to property .” Every citizen was granted the individual right to acquire, to
hold and dispose of property. The statue also co-opted safeguards against
1. expropriation of property without compensation and
2. acquisition for a non-public purpose.
• However the “right to property” also comes with an implicit duty that the right should be
reasonably exercised, as not to interfere with similar rights of other citizens.

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• The Constitution of India also made land a state
(provincial) subject. So, only state (provincial)
legislatures have the power to enact and implement
land-reform laws.

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 LAND REFORMS IN INDIA
•Meaning of Land Reforms:
•Land reform is a broad term.
•It refers to an institutional measure directed towards altering the existingpattern of ownership,
tenancy and management of land.
•It entails “redistribution of the rights of ownership and/or use of land away from large
landowners and in favour of cultivators with very limited or no landholdings.”
•Land reforms programmes in India include Abolition of Intermediaries, Tenancy reforms,
consolidation of holdings and determination of holdings per family and to distribute
surplus land among landless peoples.
•At the time of independence ownership of land was concentrated in the hands of a few.
•This led to the exploitation of the farmers and was a major hindrance towards the socio-
economic development of the rural population. Equal distribution of land was, therefore,
an area of focus of Independent India'sgovernment. Laws for the land ceiling were
enacted in various states during the 50s & 60s which were modified on the directives of the
central government in 1972

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PRE INDEPENDENCE
• Under the British Raj, the farmers did not have the ownership of the lands they cultivated,
the landlordship of the land lied with the Zamindars, Jagirdars etc.
• Several important issues confronted the go`vernment and stood as a challenge in front of
independent India.

– Land was concentrated in the hands of a few and there was a proliferation of
intermediaries who had no vested interest in self-cultivation.

• Leasing out land was a common practice.

– The tenancy contracts were expropriative in nature and tenant exploitation was almost
everywhere.
– Land records were in extremely bad shape giving rise to a mass of litigation.
– One problem of agriculture was that the land was fragmented into very small parts l for
commercial farming.

• It resulted in inefficient use of soil, capital, and labour in the form of boundary lands
and boundary disputes.

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• POST INDEPENDENCE
• A committee, under the Chairmanship of J. C. Kumarappan was
appointed to look into the problem of land. The Kumarappa Committee's
report recommended comprehensive agrarian reform measures.
• The Land Reforms of the independent India had four components:

– The Abolition of the Intermediaries

– Tenancy Reforms
– Fixing Ceilings on Landholdings
– Consolidation of Landholdings.
• These were taken in phases because of the need to establish a political will
for their wider acceptance of these reforms.

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 Abolition of the Intermediaries
• Abolition of the zamindari system: The first important legislation was the abolition of the
zamindari system, which removed the layer of intermediaries who stood between the
cultivators and the state.
• The reform was relatively the most effective than the other reforms, for in most areas it
succeeded in taking away the superior rights of the zamindars over the land and
weakening their economic and political power. The reform was made to strengthen the
actual landholders, the cultivators.

• Advantages:

– The abolition of intermediaries has led to the end of a parasite class. More lands have
been brought to government possession for distribution to landless farmers.
– A considerable area of cultivable waste land and private forests belonging to the
intermediaries has been vested in the State.

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 Tenancy Reforms
• After passing the Zamindari Abolition Acts, the next major problem was of tenancy
regulation.
– The rent paid by the tenants during the pre-independence period was exorbitant;
between 35% and 75% of gross produce throughout India.
• Tenancy reforms introduced to regulate rent, provide security of tenure and confer
ownership to tenants.
– With the enactment of legislation (early 1950s) for regulating the rent payable by the
cultivators, fair rent was fixed at 20% to 25% of the gross produce level in all the states
except Punjab, Haryana, Jammu and Kashmir, Tamil Nadu, and some parts of Andhra
Pradesh.
• The reform attempted either to outlaw tenancy altogether or to regulate rents to give
some security to the tenants.
• In West Bengal and Kerala, there was a radical restructuring of the agrarian structure that
gave land rights to the tenants.

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 Ceilings on Landholdings
• The third major category of land reform laws were the Land Ceiling Acts. In simpler terms, the
ceilings on landholdings referred to legally stipulating the maximum size beyond which no
individual farmer or farm household could hold any land. The imposition of such a ceiling was
to deter the concentration of land in the hands of a few.
• In 1942 the Kumarappan Committee recommended the maximum size of lands a landlord
can retain. It was three times the economic holding i.e. sufficient livelihood for a family.
• In 1972, national guidelines were issued with ceiling limits varying from region to region,
depending on the kind of land, its productivity, and other such factors.
– It was 10-18 acres for best land, 18-27 acres for second class land and for the rest with 27-
54 acres of land with a slightly higher limit in the hill and desert areas.
• With the help of these reforms, the state was supposed to identify and take possession of
surplus land (above the ceiling limit) held by each household, and redistribute it to landless
families and households in other specified categories, such as SCs and STs.

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 Consolidation of Landholdings
• Consolidation referred to reorganization/redistribution of fragmented lands into one plot.
• The growing population and less work opportunities in non- agricultural sectors, increased
pressure on the land, leading to an increasing trend of fragmentation of the landholdings.
• This fragmentation of land made the irrigation management tasks and personal supervision
of the land plots very difficult.
• This led to the introduction of landholdings consolidation.
• Under this act, If a farmer had a few plots of land in the village, those lands were
consolidated into one bigger piece of land which was done by either purchasing or
exchanging the land.
• Advantages:
– It prevented the endless subdivision and fragmentation of land Holdings.
– It saved the time and labour of the farmers spent in irrigating and cultivating lands at different places.
– The reform also brought down the cost of cultivation and reduced litigation among farmers as well.

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 The Bhoodan Movement
• Vinoba Bhave, a disciple of Mahatma Gandhi, noticed the problems
faced by the landless harijans in Pochampalli, Telangana.
• He led the movements in an attempt to bring about a “non-violent
revolution” in India’s land reforms programme.

– The movements were about urging the landed classes to voluntarily

surrender a part of their land to the landless giving it the name- Bhoodan
Movement.
– It began in 1951.
• In response to the appeal by Vinoba Bhave, some land owning class
agreed to voluntary donation of their some part of land.
• The Central and State governments had provided the necessary
assistance to Vinoba Bhave.

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 Gramdan Movement
• Later, the Bhoodan gave way to the Gramdan movement
which began in 1952.

– The objective of the Gramdan movement was to persuade

landowners and leaseholders in each village to renounce their
land rights and all the lands would become the property of
a village association for an egalitarian redistribution and joint
cultivation.
• Under this movement, a village was declared as Gramdan when at least
75% of its residents with 51% of the land signified their approval in
writing for Gramdan.
– The first village to come under Gramdan was Magroth, Haripur,
Uttar Pradesh.

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SUCCESSES OF THE MOVEMENT: RESULT:
• The movement was the first post• The movements received widespread
independence movement that sought to political patronage.
bring social transformation through a
movement and not through government – The movements reached their peak around 1969.
legislation. – Several state governments passed laws aimed at
Gramdan and Bhoodan.
• It created a moral ambience that put
pressure on the big landlords. • But after 1969 Gramdan and Bhoodan lost its
importance due to the shift from being a
• It also stimulated the political activity among
purely voluntary movement to a government
the peasants and landless, providing a fertile
supported programme.
ground for political propaganda to organise
peasants.
– In 1967, after the withdrawal of Vinoba Bhave from
the movement, it lost its mass base.

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• Even after seventy years of becoming a republic, land remains the most important
economic, social, and cultural resource for the vast majority of Indians.
• Land provides a measure of security, often not experienced with other economic
resources like labour and capital.
• Unsurprisingly then, on ground conflict over land is the most pervasive and
intractable of all conflicts in India, and legal disputes over land are the most
important factor responsible for clogging cases in courts, both in terms of number
and pendency of such cases.
• Such legal and extra-legal conflict over land not only threatens India's economic
development, but also its social and political stability.

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• An estimated 7.7 million people in India are affected by conflict over
2.5 million hectares of land, threatening investments worth $ 200 billion.
• Land disputes clog all levels of courts in India, and account for the
largest set of cases in terms of both absolute numbers and judicial
pendency.
• About 25% of all cases decided by the Supreme Court involve land
disputes, of which 30% concern disputes relating to land acquisition.
• Again, 66% of all civil cases in India are related to land/property
disputes. The average pendency of a land acquisition dispute, from
creation of the dispute to resolution by the Supreme Court, is 20 years.
Since land is central to India’s developmental trajectory, finding a
solution to land conflict is one of the foremost policy challenges for
India.

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• All land, to whatever purpose applied and wherever situated, is liable to payment of revenue to
the State Government, except such land as has been wholly exempted from such liability by
special grant of or contract with the State Government is liable to payment of revenue to the
state Government or under the provisions of any law or rule for the time being in force.
• Such revenue is called “Land Revenue”; and that term includes all moneys payable to the State
Government for land, notwithstanding that such moneys may be described as premium, rent
lease money, quit-rent or in any other manner, in any enactment, rule, contract or deed.
• Agriculture land is subject to land revenue at rates determined at the time of settlement.
• When agriculture land is diverted to residential/commercial purposes, diversion rent and
premium are assessed by the Sub Divisional Officers (SDO). Nazul rent, premium and interest are
levied on the Nazul/Government land allotted on permanent and temporary leases in the State.
Land development tax, Gramin Vikas tax, Infrastructure development and Environment cess are
levied and collected by the Department.
• Panchayat cess is also levied on land revenue in respect of land situated in Panchayat areas.
Fines, penalties, process fee and interest are also levied under provisions of Chhattisgarh Land
Revenue Code 1959, Revenue Book Circular (RBC) and executive instructions issued from time to
time.

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 THE CHHATTISGARH LAND REVENUE CODE,
1959
• PREAMBLE
– An Act to consolidate and amend the law relating to land revenue, the
powers of Revenue Officers, rights and liabilities of holders of land from
the State Government, agricultural tenures and other matters relating to
land and the liabilities incidental thereto in Chhattisgarh.

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 Section 1 - Short title, extent, and
commencement
• It extends to the whole of Chhattisgarh but nothing contained
in this Code except the provisions relating to liability of land for
payment of land revenue, the assessment of land revenue with
reference to the use of land, realisation of land revenue and all
provisions ancillary thereto shall apply to such areas as may,
from time to time, be constituted as reserved or protected
forest under the Indian Forest Act, 1927 (XVI of 1927)

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 Section 2 - Definitions
• "ABADI" means the area reserved from time to time in a village
in a non-urban area for the residence of the inhabitants thereof
or for purposes ancillary thereto, and any other local equivalent
of this expression such as "village site" or "gaonsthan" shall also
be construed accordingly;

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 "AGRICULTURE"
includes-

(v) the use of land

(i) the raising of for poultry, fisheries
annual or periodical or animal
(iv) the reserving of
crops including (iii) the planting and husbandry in an
land for fodder,
betel leaves (Pan) (ii) horticulture; upkeep of area situated more
grazing or thatching
and waternuts orchards; and than five kilometers
grass;
(singhara) and away from the
garden produce; periphery of urban
areas;

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 "BONAFIDE
"AGRICULTURAL YEAR"
AGRICULTURIST"

means the year means a person who

commencing on the first cultivates land
day of July or such personally or who may
other date as the State reasonably be
Government may, by expected to cultivate
notification, appoint; personally;

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 "GOVERNMENT LESSEE" "HOLDING" means-

means a person holding (i) a parcel of land

land from the State separately assessed to
Government under land revenue and held
Section 181; under one tenure; and

(ii) in reference to land

held by a tenant a
parcel of land held from
a bhumiswami under
one lease or set of
conditions;

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 "IMPROVEMENT"
means with
reference to a
holding, any work
which adds
materially to the
value of the (i) the (iv) the erection
holding which is construction of (ii) the of buildings on or
suitable thereto tanks, wells, water construction of in the vicinity of
(iii) the planting of (v) the renewal or
and consistent channels, works for the the holding,
trees and the reconstruction of
with the purpose embankments drainage of land elsewhere than in
reclaiming, any of the
for which it is held and other works or for the the abadi or
clearing, foregoing works,
and which, if not for storage, protection of land urban area,
enclosing, or alterations
executed on the supply, or from floods, or required for the
levelling or therein or
holding, is either distribution of from erosion or convenient or
terracing of land; additions thereto;
executed directly water for other damage profitable use or
for its benefit or is agricultural from water; occupation of the
after execution, purposes; holding; and
made directly
beneficial to it;
and, subject to
the foregoing
provisions,
includes-

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 (a) temporary wells and such
water channels, embankments, (b) any work, which substantially
Explanation.-A work, which
levelling, enclosures or other diminishes the value of any land,
benefits several holdings, may
works or petty alterations in or wherever situated, in the
but does not include- be deemed to be an
repairs to such works, as are occupation of any other person,
improvement with respect to
commonly made by cultivators whether as bhumiswami or
each of such holdings
of the locality in the ordinary occupancy tenant;
course of agriculture; or

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 "LAND" "LANDLESS PERSON"

means a portion of the earth's

means a person who is bonafide
surface whether or not under
agriculturist and who whether
water; and, where land is referred
individually or jointly with other
to in this Code, it shall be deemed
members of his family hold no lands
to include all things attached to or
or land less than the area which
permanently fastened to anything
may be prescribed in this behalf;
attached to such land;

Explanation.-For purposes of this

clause the family of a person shall
be deemed to consist of his
spouse, issue, and parents.

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 "rents" means whatever is paid or is payable in money or in
kind-
• (i) by an occupancy tenant to his bhumiswami
according to the provisions of Section 188 or by a lessee
to his bhumiswami on account of the use or occupation
of land held by him from such bhumiswami; or
• (ii) by a Government lessee to the Government on
account of the use or occupation of land leased out to
him by the Government;

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 • means a portion of land in non-urban area formed into, or
recognised as a survey number at the last preceding revenue

"
survey, or subsequently recognised as such by the Collector, in
"SURVEY NUMBER respect of which the area and land revenue payable are
separately entered under an indicative number in the land records;
and includes, any portion of land entered in the land records under
an indicative number known as the khasra number;

• means a portion of land in urban area formed into or recognised

as a plot number under Section 93, in respect of which the area
"PLOT NUMBER" and the land revenue payable are separately entered in the
prescribed records under an indicative number and includes any
portion of land entered in the previous records under an indicative
number known as khasra or survey number;

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 "TIMBER TREES" means trees of the following
species, namely:-
•(i) Tectona grandis (sagwan)
•(ii) Pterocarpus Marsumpium (bija);
•(iii) Dalberia latifolia (shisham);
•(iv) Shorea robusta (sal);
•(v) tinsa;
•(vi) Terminalia tomentosa (ain or saj);
•(vii) Santalumalbam (Chandan);
•(viii) Adina cardifolia (Haldoo)
•(ix) Mitragyna Parviflora (Mundi);
•(x) Terminalia Arjuna (Arjun);
•(xi) Diaspyrous melanoxylon (Tendu);
•(xii) Gmelina arborea (Khamhar)].

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TO CULTIVATE
(iv) by hired labour
PERSONALLY" (iii) by servants on under one's personal
means to (ii) by the labour of any
(i) by one's own labour; wages payable in cash supervision or the
member of one's
cultivate on or
family; or
or kind but not in crop
share; or
personal supervision of
any member of one's
one's own family
account-

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 BOARD OF REVENUE

Revenue Board, has been constituted under CG Land Revenue Code 1959. It is the Highest Court of
appeal/ revision in revenue cases. In addition to this under other acts like CG Excise Act and Indian
Stamp Act etc., Revenue Board has been appoint to act as the Chief Revenue Controlling Authority.

Section 3 - Constitution of Board of Revenue

• (1) There shall be a Board of Revenue for Chhattisgarh having a

President.
• (2) In addition to the President, the State Government may appoint
as many members as it may deem fit.

principal seat of the Board is in Bilaspur C.G.

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 RESPONSIBILITIES

Following
powers and
functions Power of Power to make Power to Power to hear Power of Power of
have been superintenden rules - Section 9 transfer cases - appeals - revision - review -
conferred ce - section 8. & 41. section 29 (1). section 44. section 50. section 51.
upon the
Board by -

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 The main administrative function of the Board
are as under
• Supervision, direction and control of the work of Divl. Commissioners, Collectors, S.D.O.s and
Tahsildars. This also includes inspections of the work of Tahsildars, Collectors and
Commissioners and submission of annual remarks to Govt. about the work and conduct of
the Commissioner’s Collectors and S.D.O.s
• Establishment of Tahsildars and Naib Tahsildars
• Establishment of district and divisional offices.
• Administration of Government Estates.
• Survey, settlement and Record operations.
• Maintenance of Land records.
• Collection, compilation and publication of statistics relating to land agriculture.
• Supervision, direction and implementation of land reforms measures.
• Work relating to abolition of Zamindari in urban areas of the state.
• Work relating to payment of compensation.
• Land Acquisition work including establishment of special Land Acquisition Officers.

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• Direction and supervision of work relating to collections of land Revenue and Land
Development Tax, Irrigation dues and other Government dues which includes :-
– (a) Consolidation costs.
– (b) Forest dues
– (c) Excise dues.
– (d) Trade Tax
– (e) Motor vehicle taxes
– (f) Development loans
– (g) Industrial loans
– (h) Agriculture seed store
– (i) Electricity dues.
– (j) Such other dues as are recoverable as arrears of Land Revenue.
• Assisting Government in the Administration and supervision of the flood, drought, scarcity
and relief measures. .
• Administration and maintenance of revenue building.
• Supervision of all revenue court working in the state.
• Work relating to Agriculture and live stock census.
• Supervision of work relating Evacuee property.

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 Qualification of Board Members
• A person shall not be qualified for appointment as a member of the Board
unless he-
– (a) is eligible for appointment as a Judge of the High Court; or
– (b) has been a Revenue Officer, and has held, for at least five years, an office not
lower in rank than that of a Collector.

POWERS OF SUPERINTENDENCE OF BOARD

The Board shall, in respect of all matters subject to its appellate or revisional jurisdiction, have
superintendence over all authorities in so far as such authorities deal with such matters and may call for
returns.

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 REVENUE OFFICERS
Commissioners
•(including Additional
Commissioners)] Superintendents of Land
Naib Tahsildars;
•Settlement Commissioner Records;
•(including Additional
Settlement Commissioners);

Collectors Tahsildars
•(including Additional •(including Additional
Collectors); Tahsildars);
Assistant
Superintendents of
Lands Records.

Settlement Officers; Joint Collectors

•Deputy Settlement Officers; •(including Deputy Collectors);
•Assistant Settlement Officers;

Sub-Divisional Officers; Assistant Collectors;

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 MODULE2: LAND REVENUE, REVENUE SURVEY & SETTLEMENT.

Theory of Eminent Domain.

Concept of holding, Land revenue and its liability.

Assessment of Land revenue.

Revenue Survey, Demarcation, Settlement, Assessment Rates.

Theory of Eminent Domain.

Concept of holding, Land revenue and its liability.

Assessment of Land revenue.

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 THEORY OF EMINENT DOMAIN.
PERMANENT (eminent) DOMINION (domain)

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 Eminent land compulsory compulsory
resumption
domain acquisition purchase acquisition

(United States, (India, (United Kingdom, New

(Hong Kong,Uganda), (Australia),
Philippines), Malaysia,Singapore), Zealand, Ireland),

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 44

• Power of a state, provincial, or national government to take
private property for public use.
• It doesn’t include the power to take and transfer ownership
of private property from one property owner to another
private property owner without a valid public purpose.
• However, this power can be legislatively delegated by the
state to municipalities, government subdivisions, or even to
private persons or corporations, when they are authorized
by the legislature to exercise the functions of public
character
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 45
 Meaning of Eminent Domain
• The doctrine of ‘Eminent domain’, in its general connotation
means the supreme power of the king or the government
under which property of any person can be taken over in
the interest of the general public.
• However, over the years such taking over the property by
the king or the government has been made possible only
after compensating the landowner of such property.
• Thus eminent domain explained as the power of the king or
the government to take over the property of a private
person when it is needed for a public purpose.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 46
 SALUS POPULI NECESSITA PUBLIC
SUPREME LEX , MAJOR EST QUAM,
• welfare of the people • public necessity is
is the paramount law, greater than the
private necessity.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 47

 The Land Acquisition Act contains the power
of an eminent domain.

to acquire the without the

property of an necessity of his
individual consent.

power of the But with fair

for public use
sovereign compensation.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 48

 Section 57 - State ownership in all lands
• All lands belong to the State Government and it is
hereby declared that all such lands, including standing
and flowing water, mines, quarries, minerals and forests
reserved or not, and all rights in the sub-soil of any land
are the property of the State Government

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 49

 Concept of holding, Land revenue and its
liability.

"HOLDING" means-

(i) a parcel of land

separately assessed to
land revenue and held
under one tenure; and

(ii) in reference to land

held by a tenant a
parcel of land held
from a bhumiswami
under one lease or set
of conditions;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 50

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 51
 At present, the per capita available land is only about 0.10 hectare.
07/02/2023
This Ⓒ Deepak
is much below the world average of about 4.50 Kumar,
hectares. HNLU75%
Over Rpr 2023 52
of the land holding are less than one hectare. (2.5A)
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 53
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 54
 Landholding is defined as the area of land which a person
or a family owns. It could be one piece of land or a number
of small scattered pieces of land.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 55

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 56
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 57
 LAND REVENUE AND ITS LIABILITY
• land revenue means all sums and payments in money or in
kind received or claimable by, or on behalf of Government
from any person on account of land held by, or vested in, him,
and includes any tax, cess, rate or other impost payable under
the provisions of any law for the time being in force.
• Land revenue is tax or revenue levied on agricultural
production on land. It is either collected as a percentage of the
share of total crop or a monetary value is fixed on the land to
be paid by the farmer. It has been the major source of revenue
for empires.
• The annual or periodical yield of taxes, excise and custom
duties and other sources of income that a nation, state or
municipality collects and deposits into treasury for public use.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 58
 Revenue a first charge on produce of land.

• The land revenue of holding, or of an estate, being a

cash commutation of the right of governement to a
share of the crops grown upon it, is properly declared
to be “ the first charge upon the rents, profits and
produce.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 59

 Objectives

Main Objective of Land

Revenue Administration is;

1. to assess and collect of land

3. to exercise the statutory
revenue, collection of local cess
powers endowed under the
on behalf of local bodies,
2. to Prepare and maintain Maharashtra Land Revenue Code,
collection of court fees, recovery
"Land Records" related to revenue 1966, the Mamlatdar Courts Act,
of loans and advances, other
accounts, the Land Acquisition Act, 1894
dues of various departments, and
and various other land reform
all other dues recoverable as
enactments.
arrears of land revenue,

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 60

 History
• The history of Land Administration dates back to the olden days of
kings and Kingdoms.
• The Land Revenue was the major source of revenue for the kings.
• The prosperity of the kingdom was depending upon levy of tax and its
recovery.
• The Minister of Vijapur kingdom Todarmal was the founder of Ryotwari
land revenue system. This system was introduced by Chhatrapati
Shivaji in his "Hindavi Swaraj".
• This system became so popular that British rule was compelled to
adopt this system in old BombayProvince.
• The present system of preparing and maintaining land records is a
scientific form of old Land Revenue System.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 61

 Land Revenue System Under British
• British got Diwani rights of Bengal, Bihar, and Orissa in 1765.
The major aim of British East India Company was to increase
their land revenue collection. So its policies were aimed at
getting maximum income from land without caring about its
consequences on cultivators and peasants.
• They introduced the policy of revenue collection by
abandoning the age-old system of revenue administration.
The entire burden of Company s profits, cost of its
administration and expenses on wars and conquests were
mainly borne by the peasants.
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 Who pays the land revenue tax?
• The land revenue tax is also known as land tax or property
tax. It is paid by the owner of the property to the municipal
bodies of the states. This tax is one of the major income
sources for these bodies. The land revenue tax collected by
the municipal bodies is used in the maintenance and
amenities such as water and power supply, sewage systems,
lighting and cleanliness, etc.
• Section 58 - Liability of land to payment of land revenue: All
land, is liable to the payment of revenue to the State
Government.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 63
 How is it calculated?
• Now that we know what is land tax and who pays it to whom, it is
important to know how is property tax calculated?
• The land tax is calculated based on several factors which include size
of the property, location of the property, amenities, etc. the civic
bodies of different states use different methods to calculate the taxes,
These methods are:
• [Link] Rental System - Based on the annual rental value of the
property, a certain percentage of the earning is paid as land tax.
• [Link] Area Value System - Based on the carpet area of the property,
its usage and location, and expected returns on the property, tax is
calculated.
• [Link] Value Based System - Based on the market value of the
property, the civic body revises the taxes annually.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 64

 Recovery of Revenue
• There is not single person of the state who is not coming in contact with this
department. It is because besides usual revenue recovery work this department
is performing so many other services to the people for example issue of ration
cards, issue of cast certificate and election duties etc. There are thousands of
Revenue Officers working for this department. There top to bottom order is as
mentioned below:
– 1. Revenue Minister
– 2. Secretary, Addl. Secretary Asst. Secretary etc.
– 3. Divisional Commissioners
– 4. Collectors
– 5. Sub- Divisional Officers
– 6. Tahasildars/Naib Tahasildars
– 7. Circle Inspectors/Circle Officers
– 8. Talathis/Patwaris
– 9. Kotwals

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 65

 REVENUE DIVISION
• For the purpose of revenue administration the Government has divided State
into 5 divisions 32 districts and 172 Tehsils.
• Each District is divided into Sub divisions for administrative convenience.
• Each Division may consist of 4 to 5 districts.
• These tehsils are further subdivided into revenue circles and circles into revenue
sazas.
• Sazas consist of a group of villages.
• Divisional Commissioner is in charge of the "Division".
• District administration is under control of Collector Officer in charge of Sub-
Division is called Sub-Divisional Officer and
• Tahasildar is chief officer on Tehsil level.
• On village level Circle Inspector/Officer is head of revenue circle and saza is
under charge of a Patwari.

SUB-
DIVISION DISTRICT TEHSIL VILLAGE
DIVISION
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07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 67
 Section 58A - Certain land to be exempted
from payment of land revenue
• no land revenue shall be payable in respect of an
uneconomic holding used exclusively for the purpose
of agriculture.

• Explanation I.-For the purpose of this section,-2[(a)

'uneconomic holding' shall mean a holding the extent
of which is not more than 5 acres;]

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 68

 Section 59 - Variation of land revenue
according to purpose for which land is used

(1) The assessment of

land revenue on any (a) for the purpose of
(c) for purposes other
agriculture or such (e) for the purpose of
land 1[shall be farm house, which is
(b) as sites for dwelling than those specified in (d) for industrial or
mining under a mining
made] with situated on holding of
houses; item (a), (b), (d) or commercial purpose;
lease.
(e)];
reference to the use one acre or more;
of land-

Where land for use for any one purpose is diverted to any other purpose, and land revenue is assessed thereon under the
provisions of this section, the 8[Sub-Divisional Officer] shall also have power to impose a premium on the diversion in
accordance with rules made under this Code :

Provided that no premium shall be imposed for the diversion of any land for charitable purposes.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 69
• TIME OF PAYMENT OF LAND REVENUE
– The land revenue becomes due on the first day of that year
and is to be paid at such times in such instalments to such
persons and at such places as prescribed.

– Arrear of land revenue

Any instalment of land revenue that is not paid on the date
prescribed for payment becomes an arrear of land revenue
and the person responsible for such payment will become a
defaulter.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 70

 L eg al p r o c e s s e s f or r ec o v er y o f
arrears.
The legal for the recovery of arrears are-
• (a) by service of a writ of demand on the defaulter
• (c) by distress and sale of his movable property and uncut or
ungathered crops
• (d) by transfer of the holding in respect of which the arrear is due
• (e) by attachment of the estate or holding in respect of which th earrear
is due
• (f) by annulement of the assessment of that estate or holding
• (g) by sale of that estate or holding
• (h) by proceeding against other immovable property of the defaulter

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 71

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 72
• Notice of demand
– A notice of demand is issued on or after the day following that on
which the arrear became payable. The form and contents of the
notice of demand, the cost recoverable for such notice from the
defaulter as an arrear of land revenue and the officers by whom
such notices should be issued is to be as prescribed.

• Forfeiture of occupancy or alienated holding

– The Tahsildar is empowered to declare the land liable for arrear
of land revenue is to be forfeited and sell or otherwise dispose of
the same and credit the proceeds to the defaulter’s account.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 73

• Distraint & sale of mmovable property
– The Tahsildar has the power to order the distraint and sale of the defaulter’s
moveable property and such distraint and sale is to be carried out by the
prescribed procedure and officers or class of officers. However any article
kept exclusively for religious use or whatever is exempt from distraint or sale
of any property under Code of Civil Procedure, 1908 in execution of a
decree is also exempt from the aforesaid process.
• Attachment and sale of immovable property
• In addition to or instead of the methods provided for the recovery of land
revenue if the Tahsildar feels then he is empowered to cause any
immoveable property of the defaulter to be attached and sold. But the
property of a minor descended to him by the regular course of inheritance is
exempt from such attachment and sale.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 74

 ASSESSMENT OF LAND REVENUE.
• Assessment is the process of estimating the potential of land for payment of land revenue.
• The term ‘settlement' is applied in Indian revenue affairs to the “Process of assessing the
land revenue demand”.
• The basis of land revenue assessment in some States is net assets of the estate, while in
others, it is net produce or gross produce. Still in another set of States, capital value or rental
value determines the basis of assessment.
• These different bases are essentially the function of certain agricultural and economic
factors.

The agricultural and the economic

factors are factors are

nearness to the transport and the economic

quality of soil and possibilities of manuring, and prices of crops
type of crops village habitation communication condition of the
level or position of natural or artificial land raised, and
raised, and market, facilities, tenants.
the land, watering, improvements,

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 75

 REVENUE SURVEY AND SETTLEMENT
• Section 66 - Definition of Revenue Survey:

The operations carried out in accordance with the provisions of this part, that is
to say-

(1) all or any of the operations

pertaining to the division of
land into survey numbers and
(4) preparation of record of
grouping them into villages, (3) preparation or, as the case
rights, in order to bring the land
recognition of existing survey (2) soil classification; may be, revision or correction
records up to-date in any
numbers, reconstitution thereof of field map;
local, over area;
or forming new survey numbers
and operations incidental
thereto;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 76

• Section 62 - Appointment of Settlement Commissioner
– The State Government may appoint a Settlement
Commissioner who shall, subject to the control of the State
Government, control the operation of the revenue survey
and/or settlement.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 77

 Process of Revenue Survey

Formation of survey
Determination of
numbers and
abadi of village
villages

Notification of Entry of survey

Grouping of
proposed revenue numbers and sub-
villages
survey divisions in records

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 78

 Notification of revenue survey

Proposing conduct of
Revenue Survey.

State Government to publish a

NOTIFICATION

Closing of operation of
Revenue Survey.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 79

 Formation of survey numbers and villages

SETTLEMENT
OFFICERS

take divide lands group the

measurements into survey survey numbers
of the land; numbers into villages;

recognize form new survey

reconstitute
existing survey numbers
survey numbers
numbers,
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 80
 Formation of survey numbers and villages
• The area and assessment of survey numbers and sub-
divisions of survey numbers shall be entered in such
records as may be prescribed.

• CHHATTISGARH LAND REVENUE CODE, 1959 Section 71

- Entry of survey numbers and sub-divisions in records

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 Determination of abadi of village
• The Settlement Officer shall, in the case of every
inhabited village, ascertain and determine, with due
regard to rights in lands, the area to be reserved for the
residence of the inhabitants or for purposes ancillary
thereto, and such area shall be deemed to be the
abadi of the village.

• CHHATTISGARH LAND REVENUE CODE, 1959 Section 72

- Determination of abadi of village
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 82
 Grouping of villages
• The villages of each district or tahsil or part of a district or tahsil
comprised in the area under revenue survey shall be formed
into groups, and in forming such group, regard shall be had to
physical agricultural and economic conditions and trade
facilities and communication.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 83

 SETTLEMENT OF RENT
• Definition of Settlement
– The result of the operations carried out in accordance with this part in
continuation of revenue survey in order to determine or revise the land
revenue payable on lands in any local area are called "settlement" and the
period during which the revised land revenue shall be in force is called the
term of Settlement.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 84

• Fixation of assessment rates
– (1) On completing the necessary inquiries, as may be prescribed,
the Settlement Officer shall forward to the State Government his
proposals for assessment rates for different classes 0f land in such
form and along with such other particulars as may be prescribed.
– (2) The State Government may approve the assessment rates with
such modifications as it may deem fit.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 85

• Section 80 - All lands liable to assessment
• The Settlement Officer shall have the power to make
fair assessment on all lands what-so-ever to which the
Settlement extends, whether such lands are liable to
the payment of land revenue or not.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 86

 PRINCIPLES OF ASSESSMENT
profits of
agriculture, to
the

consideration
paid for leases'
agricultural
land
No regard to
sale prices of
claim in
land
privileged land.
PRINCIPLES.
principal
Regard shall be
moneys on
had in
mortgages,

the value of
the land
non-agricultural
land
purpose for
which it is held.
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 Announcement of Settlement

assessment of
ANNOUNCEMENT
any land has NOTICE to
OF THE
been fixed be given
SETTLEMENT.
(Section 79,)

The shall be the

payable during the
annually
ASSESSMENT LAND
on such
term of the
of any land REVENUE settlement.
land

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 88

 Commencement of settlement

whichever is
later.
beginning of the
next revenue from
the date of
The term of a announcement
settlement
commences
expiry of the
previous term of
settlement,

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 89

 Term of settlement

may be less
not be less than THIRTY
than THIRTY years but not
years less than
• Normal Places./ TWENTY years.
Everywhere.

07/02/2023 FIXED BYⒸTHE

DeepakSTATE GOVERNMENT
Kumar, HNLU Rpr 2023 90
 may be less than
THIRTY years but
not less than
TWENTY years.

ample scope for

where there has
extension of where the pitch of
been a rapid
area where there is cultivation or for rents is unduly low
development of
agricultural or
resources owing to
development or

construction of
roads, railways or
canals,

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 91

 INQUIRY into the profits of agriculture and into the value of
land used for agricultural and non-agricultural purposes.

• For determining the profits of agriculture following

elements shall be taken into account
– (a) the depreciation of stock and buildings;
– (b) the money equivalent to the cultivator's and his family's labour and supervision;
– (c) all other expenses usually incurred in cultivation on the land which is under inquiry;
and
– (d) interest on the cost of buildings and stock and on expenditure for seed and manure,
and on cost of agricultural operations paid for in cash.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 92

LAND LAWS
BY – MR. DEEPAK KUMAR
MODULE 3: LAND RECORDS
Patwari and Revenue inspector circles.

Field Map, Record of Rights.

Kisan Kitab, Disputes regarding entry.

Realisation of Land Revenue.

Tenure holders, Bhumiswami, Right of transfer, Lease and Exchange of land.

Abandonment, Partition & Disposal of Holdings.

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07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 95
• Land record is a generic term which is used to refer to a number of records.
• These include
– Records of Rights (RoRs),
– register of the lands,
– crop inspection register,
– tenancy, mutation register,
– Khasra/Khatauni
– Field map
– Record of rights
– Kisan Kitab.

• Land record also includes certain geological information in regard to the land
such as the shape and size of the land, type of soil on the land.
• It can also include the economic information in relation to the irrigation and
crops

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 96

 land ownership can be determined through a
set of documents.

(i) THE RECORD OF RIGHTS (ii) the REGISTERED SALE (iv) PROPERTY TAX
(iii) SURVEY DOCUMENTS
(ROR), DEED RECEIPTS.

which captures details

to prove that the to record a property’s
such as the name of the
property has been sold boundaries and area,
land holder, the number
from one person to the and prove that the
and size of the plot area,
other, and the taxes on property is listed in
and revenue rate (for
the sale have been paid, government records, and
agricultural land),

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 97

• Land records document human history and explain ownership
patterns, revenue administration models, transformation etc
• Life line of effective system
• Foundation of policies , budgets and welfare schemes
• Provide legal status to land owner/cultivator
• Possession, title, and name in revenue record are essential for
land owner.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 98

 Costly litigation
• Estimated that 58 thousand crore Rupees are spent on litigation
in both civil and criminal cases by the people (State’s
expenditure is additional). 66 per cent of litigation is about land.
Crime is consequence in many such disputes. Millions of families
broken down.
• Nation’s loss is 1.3 per cent GDP due to land litigation
• Litigation linger on for generations.

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 LAND REFORMS OR LAND-RECORD REFORMS?

• Land reforms cannot even be initiated if the land records are not
reformed.
• Without updating the land records there is no point in talking
digitization of records, which means scanning the defective
documents with thousands of wrongful entries and manipulated
names.
• For updating records one need to survey the land, involve the people,
consult the neighbours and finalize in an authentic manner.

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 The evolution of land records
• Prior to independence, land was mostly concentrated with the landlords or zamindars, who
had permanent property rights. The zamindars collected land rent from a given territory,
and paid a fixed sum as land revenue to the government. This land revenue formed a key
source of government income. However, the rent that was to be paid by the cultivator
tenants was unregulated, and was subject to the discretion of the landlords. This allowed
the landlords to make profits by charging rents in excess of the amount to be paid as
revenue.
• Since the landlords were primarily interested in maximising rent collection, a system of land
records was created and maintained to facilitate this process. These land records
furnished information important for land revenue assessment such as area of the property,
and details of the person in possession of the property. Post-independence, the zamindari
system was abolished, but land ownership continued to be determined through a
combination of these records.
• Post-independence, the responsibility for land administration was transferred to states. All
the records were collected and maintained manually by the respective revenue
department.

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 Maintenance of land records

• Land administration essentially involves recording,

processing and dissemination of information about the
ownership, value, and use of land. The system of land
records management varies across states, depending
on factors such as historical evolution and local
traditions. Broadly, such information can be classified
as details of the property (such as tax documents,
rental documents), spatial records (such as maps,
boundary limits), and transaction records (registered
sale deeds).

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 102

 The Digital India Land Records Modernization
Programme (DILRMP)
• The main components of the system are
• entry of ownership records,
• continuous Mutations updating,
• digitization of maps and integration of textual and spatial data,
• survey/re- survey and updating of all survey and settlement
records including creation of original cadastral records
wherever necessary,
• computerization of registration and its integration with the land
records,
• development of core Geographical Information System (GIS)
and capacity building. T

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 103

• [Link]

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 104

 REFORMS UNDERTAKEN to improve the system of land
records
• In the last three decades, in an attempt to improve the
quality of land records, and make them more accessible,
the central government has implemented various
schemes for the modernisation of land records.
• Around 1988-89, the central government started the
Computerisation of Land Records scheme to computerise
all land records.
• Other schemes to improve land records and
administration that were introduced around the same
time were the Strengthening of Revenue Administration
and the Updating of Land Records schemes.
•
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 105
• In 2008, all these schemes were merged into a centrally sponsored
scheme, the NATIONAL LAND RECORDS MODERNIZATION PROGRAMME
(NLRMP).
• The scheme has now been renamed as the Digital India Land Records
Modernization Programme (DILRMP) and is a part of the Digital India
initiative
• The scheme was changed into a Central Sector Scheme in April 2016.
• With this change, the scheme will now be implemented by the central
government with 100% of the grants coming from the centre.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 106

• The major components of NLRMP/DILRMP are the following:
• computerisation of all existing land records including mutations (or transfers);
• digitization of maps, and integration of textual and spatial data;
• survey/ re-survey, and updating of all survey and settlement records including creation of original
cadastral records (record of the area, ownership and value of land) wherever necessary;
• computerisation of registration and its integration with the land records maintenance system; and
• development of core Geospatial Information System (GIS) and capacity building.
• NLRMP (now DILRMP) intends to eventually move from the existing system of presumptive titles to
conclusive and state guaranteed titles. The conclusive title system is based on four basic
principles:
• A single window system for land records which will provide for the maintenance and updating of
textual records, maps, survey and settlement operations and registration of immovable property.
• The cadastral records reflect all the significant and factual details of the property titles.
• The record of title is a true depiction of the ownership status, mutation is automatic following
registration, and the reference to past records is not necessary.
• Title insurance, which means that the government guarantees the title for its correctness, and will
compensate the title holder against losses arising due to defects in the title.

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07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 108
• Benefits:
– Real-time land ownership records will be available to the citizen.
– Free accessibility to the records will reduce interface between the citizen and the Government
functionaries, thereby reducing rent seeking and harassment.
• Public-Private Partnership (PPP) mode of service delivery will further reduce citizen interface with Govt. machinery, while adding to
the convenience.
– The single-window service or the web-enabled “anytime-anywhere” access will save the citizen time and effort
in obtaining RoRs (Record of Rights), etc.
– Automatic and automated mutations will significantly reduce the scope of fraudulent property deals.
– Conclusive titling will also significantly reduce litigation.
– Certificates based on land data (e.g., domicile, caste, income, etc.) will be available to the citizen through
computers.
– This method will permit e-linkages to credit facilities.
– Information on eligibility for Government programs will be available, based on the data.
•

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 PATWARI AND REVENUE INSPECTOR CIRCLES.

District,

Collector & District Magistrate

Sub Division Magistrates, Three SDM Head Quarters in

total in district

Tehsils, Five Tehsil Head Quarters in total

Revenue Inspector Circles

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• Patwari - Though working at the lowest rung of land
revenue administration, Patwari is one of the most
important officers directly dealing with the land
matters.
• A Patwari is assigned a particular tehsil (a unit of
administrative division), and he is responsible for the
maintenance of land records of the area.

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 Appointment of Revenue Inspectors and
patwaris,
• Patwari is an important official at the village level. He is often known by different
names in different areas.
• He can also be referred to as lekhpal or as karamchari or a village officer. A
patwari has three chief duties-
• 1 Maintenance of record of the crop grown at every harvest
2 Maintaining and updating the record of rights that is, who owns which field in
the village and who would inherit it,
3 And measuring land and organizing the collection of land revenue from the
farmers.
4 He also provides information to the government about crops based on
harvest inspection.
• It is the responsibility of patwari to report at all serious calamities affecting the
land or the crops and all severe outbreaks of disease amongst men and beasts.
He must aid the headman in revenue collection. He keeps up a diary and a
workbook. The entries should be made on the day on which the events come
to the notice of the patwari.

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• The patwari is responsible for the safe custody of all the records, maps, and equipment of
the area that are in his charge. In the workbook, he enters the work done by him each
day. Farmers may change the crops cultivated by them or facilities like wells or tube wells
may be dug at places where they did not exist earlier.
• One such record is the khasra. It is a register of harvest inspections (parhtaal). The patwari
conducts the field harvest inspections in the month of October, February, and April,
wherein he records facts regarding crop grown, soil classification, the cultivable capacity
of the cultivators.
• The first six-monthly inspection starting from 1 October is called Kharif parhtaal while the
second commencing from 1 February is called rabi parhtaal. In the month of April, the zaid
parhtaal is done. The khasra number is the plot number given to a specific piece of land in
the village.
• The khasra numbers in a village are created once a settlement of the village starts. The
settlement officials take the village as a whole and on its map start from north-east and
allot a number to each and every plot in direction and reach the north-east direction
again after allotting a number to each plot in all directions.

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• Patwari is the person whose main task is to measure
land and keep land records.
• He also updates these records.
• Each Patwari is responsible for a group of villages.
• The Patwari is also responsible for organising the
collection of land revenue from the farmers and
providing information to the government about the
crops grown in this area.

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 The primary
duties of
a Patwari are as
follows-

Maintenance of
Measurement of Collection of Maintenance of Collection of tax Keeping the
village land Land dispute
agricultural and revenue crop yield revenue and land records up
accounts and management
fallow land information records irrigation dues to date
records

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• Section 104 - Formation of patwaris' circles and appointment of patwaris
thereto
• (1) The Collector shall from time to time arrange the villages of the tahsil in
patwari circle and may, at any time, alter the limits of any existing circle and
may create new circles or abolish existing ones.(2) 1[The Collector] shall
appoint one or more patwaris to each patwari circle for the maintenance and
correction of land records and for such other duties as the State Government
may prescribe.(3) Notwithstanding any usage or anything contained in any
treaty, grant, or other instrument, no person shall have any right or claim to
continue or to be appointed as a patwari on the ground of right to succeed to
such office by inheritance.

• CHHATTISGARH LAND REVENUE CODE, 1959 Section 104 - Formation of

patwaris' circles and appointment of patwaris thereto

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• Revenue Inspector (RI) - A Revenue Inspector is the next officer
in hierarchy after a Patwari. He is in charge of a group
of tehsils/mandals. He primarily assists the Tehsildar and Naib
Tehsildar in carrying out the duties related to land matters.
• His primary duties are supervision of Patwaris, periodical
checking and verification of land records, to report to higher
authorities about the condition of crops, rainfall, and water, to
conduct land measurement surveys, report the damages
caused by hailstorms or calamities, report the cases of diversion
of agricultural land to non-agricultural use, to certify mutation in
case of encumbrances, and to prepare boundary marks
inspection register, among others.

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 Section 107 - Field map

• (1) There shall be prepared a map showing the boundaries of survey numbers or plot
numbers and waste lands called the field map for every village except when otherwise
directed by the State Government.
• (2) There may be prepared for the abadi of each village a map showing the area
occupied by private holders and the area not so occupied and such other particulars as
may be prescribed.
• (3) If the State Government considers that in the case of any village it is necessary to show
separately in the map prepared under sub-section (2) the plots occupied by private
holders, it may direct the Collector to get the map so prepared or revised.
• (4) If any Gram Panchayat passes a resolution that a map of the village abadi should be
prepared showing separately the plots occupied by private holders and is willing to
contribute to the cost of survey operations in such proportion as may be prescribed, the
State Government may undertake the preparation of such map.
• (5) Such map shall be prepared or revised, as the case may be, by the Settlement Officer
at [revenue survey]2 and by the Collector at all other times and in all other circumstances.]

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• (1) In addition to the particulars mentioned in sub-section (2) of
Section 107 of the Chhattisgarh Land Revenue Code, 1959, the
map shall show, in respect of the area not occupied by private
holders, the following particulars, namely :-
• (i) open site or sites available for building purposes provided
that no site the area of which is less than 75 sq. metres shall be
considered as available for building purposes; and(ii) reserved
plots of the following kinds :-(a) any plot occupied by a
Government building;(b) any plot, which has been, reserved for
any specific public purpose or Government works;(iii) important
roads and lands; and(iv) important places, such as temple,
school, play-ground, dispensary, bazar public well, etc.(2) Plots
under items (i) and (ii) above shall be serially numbered.

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07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 124
[Link]
titles-india

Department Functions Documents maintained Officers

· Collection of land revenue •· Record of Rights (RoR) · District - Collector

REVENUE · Updating and maintaining • khasra · Block - Tehsildar
revenue records •· Mutation register · Village - Patwari

· District - Deputy inspector

· Maintaining spatial land · Village map · Block - Town surveyor
SURVEY AND SETTLEMENT
records · City survey maps · Village - Village
Administrative Officer

· Registration of property
REGISTRATION AND STAMP documents and deeds · Encumbrance certificate · District - Registrar
REVENUE · Evaluation and collection · Sale deed · Block - Sub-registrar
of stamp duty

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 RECORD OF RIGHTS (ROR)
• The record of right is maintained in every estate.
• It gives various information about the particulars land.
• The assessment of land revenue payable, disputes regarding land are
determined in the light of record of rights.
• Record of right is collection of various revenue papers regarding an estate.
• It is maintained in every village and contains information about revenue matters
rent payable, cessess, names of landowner and tenant, their obligation and
right, etc.

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 Records of rights are necessary in land
revenue system
• Government always claimed a share in the produce of the land from the persons whose
permanent right to occupy and tillage is recognized.
• The share of the government is called “land revenue”.
• Valuable property in land being so created, it becomes necessary to determine to whom these
benefits belonged.
• Likewise there was the necessity of record which would show the personal responsibility for the
payment of the land revenue to the government. Hence the necessity for the records of rights in
land.
• Accurate records of rights is necessary for a sound system of assessment and collection of land
revenue, in its absence it would be impossible to determine who is liable for the payment of the
revenue over any particular land, and it would be difficult to settle any disputes between various
claimants to that land.
• Under the present land revenue act presumption of truth attached to the entries in the record of
rights.
• Object of record of rights:
•
The primary object of record of rights is the collection of land revenue from the person who is
liable to pay such amount under the land revenue act.

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 Section 108 - Record of rights
• [(1)]1 A record-of-rights shall in accordance with rules made in this behalf be
prepared and maintained for every village and such record shall include
following particulars :-
– (a) the names of all bhumiswamis together with survey numbers or plot numbers held by
them and their area, irrigated or unirrigated
– (b) the names of all occupancy tenants and Government lessee; together with survey
numbers or plot numbers held by them and their area, irrigated or unirrigated;
– (c) the nature and extent of the respective interests of such person; and the conditions
or liabilities, if any, attaching thereto;
– (d) the rent or land revenue, if any, payable by such persons; and
– (e) such other particulars as may be prescribed.
• [(2) The record-of-rights mentioned in sub-section (1) shall be prepared during a
[revenue survey]3 or whenever the State Government may, be notification, so
direct.]

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 Particulars of ROR :-

(a) the names (b) the names of all (c) the nature and
(e) such other
together with survey occupancy tenants extent of the and the conditions (d) the rent or land
particulars as may
numbers or plot and Government respective interests or liabilities revenue payable
be prescribed.
numbers lessee; of such person;

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 07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 130
िजला- रायपुर/तहसील- रायपुर/राज नं - रायपु र-2/प.ह.नं -56/गां व-माना/अिधकार अिभलेख 1954-55
 Section 109 - Acquisition of rights to be
reported
• (1) Any person lawfully acquiring any right or interest in land [x x]1 shall report orally or it writing his
acquisition of such right to the patwari within six months from the date of such acquisition, and the
patwari shall at once give a written acknowledgement for such report to the person making it in
the prescribed form :
• Provided that when the person acquiring the right is a minor or is otherwise disqualified, his
guardian or other person having charge of his property shall make the report to the patwari.
• [Explanation I.-The right mentioned above does not include an easement or a charge, not
amounting to a mortgage, of the kind specified in Section 100 of the Transfer of Property Act, 1882
(IV of 1882).]2
• Explanation II.- A person, in whose favour a mortgage is redeemed or paid off or a lease in
determined, acquires a right within the meaning of this section.
• Explanation III.- For the purpose of this chapter, the term "patwari" includes any person appointed
to perform the duties of a Patwari under this chapter.
• Explanation IV.- Intimation in writing required to be given to the patwari under this section may be
given either through a messenger or handed over in person or may be sent by registered post.(2)
Any such person as is referred to in sub-section (1) may also report in writing his acquisition of such
rights to the Tahsildar within six months from the date of such acquisition.

• CHHATTISGARH LAND REVENUE CODE, 1959 Section 109 - Acquisition of rights to be reported

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 Kisan Kitab
• (1) It shall be obligatory upon every bhumiswami, whose name is entered into the khasra or field book
prepared under Section 114, to maintain a 2[Kisan Kitab] in respect of his all holdings in a village which
shall be provided to him on payment of such fee as may be prescribed.
• (2) The 2[Kisan Kitab] shall be in two parts, namely Part I consisting of rights over holding and
encumbrances on the holding and Part II consisting of rights over holding, recovery of land revenue in
respect of the holding and the encumbrances on the holding and shall contain-
– (i) such of the entries of khasra or field book pertaining to a holding of a bhumiswami as may be prescribed;
– (ii) particulars in respect of recovery of land revenue, Government loan and non-Government loan in respect of
such holding;
– (iii) such other particulars as may be prescribed.
• (3) In case of any difference between the entries contained in the khasra or field book and the 2[Kisan
Kitab], the Tahsildar may, either on his own motion or on an application made to him in that behalf and
after making such enquiry as he may deem fit, decide the same and the decision of the Tahsildar shall be
final.]

• CHHATTISGARH LAND REVENUE CODE, 1959 Section 114A - Kisan Kitab

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• Section 115 - Correction of wrong entry in khasra and any other land
records by superior officers

• [If any Tahsildar finds that a wrong or incorrect entry has been made in
the land records prepared under Section 114 by an officer subordinate
to him, he shall direct necessary changes to be made therein in red ink
after making such enquiry from the person concerned as he may
deem fit after due written notice.]

• CHHATTISGARH LAND REVENUE CODE, 1959 Section 115 - Correction

of wrong entry in khasra and any other land records by superior
officers

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• Section 116 - Disputes regarding entry in khasra or in any
other land records
• [(1) If any person is aggrieved by an entry made in the land
records prepared under Section 114 in respect of matters
other than those referred to in Section 108, he shall apply to
the Tahsildar for its correction within one year of the date of
such entry.(2) The Tahsildar shall, after making such enquiry
as he may deem fit, pass necessary orders in the matter.]1

• CHHATTISGARH LAND REVENUE CODE, 1959 Section 116 -

Disputes regarding entry in khasra or in any other land
records
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 REALISATION OF LAND REVENUE
• Section 137 - Land revenue FIRST CHARGE on land
– The land revenue assessed on any land shall be first charge
on that land and on the rents and profits thereof.
• A first charge ensures that the charge (i.e. LR) is first to
be paid back upon the sale of the property or if the
property goes into default. Hence it is known as
a secured charge

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Section 138 - Responsibility for payment of land
revenue
• (1) The following person shall be primarily liable for the
payment of the land revenue assessed on a holding
– (a) in a bhumiswami's holding the bhumiswami;
– (b) in a holding consisting of land leased by the State
Government the lessee thereof.
• (2) When there are more than one bhumiswami or
lessee in a holding, all such bhumiswamis or lessees, as
the case may be, shall be jointly and severally liable to
the payment of the land revenue on such holding.
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 Primarily Liable For The Land Revenue

bhumiswami's •the BHUMISWAMI;

holding

land leased by •the LESSEE thereof.

the Government

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 one or more parties jointly promising to share certain
responsibilities and/or promising to separately share the
more than one same responsibility.
bhumiswami or
lessee,

shall be jointly and

severally liable to the
all such bhumiswamis
payment of the land
or lessees
revenue on such
holding.

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 Section 139 - Land revenue recoverable from any
person, in possession
• In case of default by any person who is primarily
liable under Section 138, the land revenue, including
arrears, shall be recoverable from any person in
possession of the land :
• Provided that such person shall be entitled to credit
for the amount recovered from him in account with
the person who is primarily liable.

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Section 140 - Dates on which land revenue falls
due and is payable
• (1) The land revenue payable on account of a revenue year shall fall due on the first day
of that year.
• (2) The State Government may make rules providing for the payment of land revenue in
INSTALLMENTS and on dates (hereinafter referred to as prescribed dates) subsequent to the
first day of the revenue year, and such rules may prescribe the persons to whom and the
places where at such installments shall be paid.
• (3) The payment of land revenue to the person prescribed under sub- section (2) may be
made in cash or may, at the cost of the remitter, be remitted by money order.
• (4) Any period elapsing between the first day of the revenue year and any date fixed for
the payment of land revenue by such rules shall be deemed to be a period of grace, and
shall not affect the provisions of sub-section (1).

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 Section 142 - Patel, Patwari, Gram Sabha or Gram
Panchayat bound to give receipt

• (1) Where a Patel, Patwari, Gram Sabha or Gram Panchayat

receives a payment from any person on account of land
revenue or on account of any sum of money recoverable as an
arrear of land revenue he/it shall grant a receipt for such sum in
the prescribed form.(2) If any Patel, Patwari, Gram Sabha or
Gram Panchayat fails to give a receipt as required by sub-
section (1) such patel, patwari or in the case of Gram Sabha or
Gram Panchayat the persons responsible for passing such
receipt on behalf of such Gram Sabha or Gram Panchayat as
the case may be, shall, on application of the payer, be liable
by an order of the Tahsildar to pay a penalty not exceeding
double the amount paid.
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 Section 143 - Penalty for default of payment of land
revenue
• If any installment of land revenue or any part thereof is
not paid within one month after the prescribed date
the Sub-Divisional Officer may in the case of a willful
defaulter, impose penalty not exceeding ten per cent
of the amount not so paid :
• Provided that no such penalty shall be imposed for the
non-payment of any installment, the payment of which
has been suspended by the order of Government, in
respect of the period during which the payment
remained suspended.
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 Section 144 - Remission or suspension of land revenue
on failure of crops

• (1) The State Government may grant remission or suspension of land

revenue in years in which crops have failed in any area or in which
crops could not be grown in any area in consequence of any order
made under any law by a competent authority, and such remission or
suspension shall be determined in accordance with rules made under
this Code.
• (2) No appeal or revision shall lie against any order passed by a
Revenue Officer under such rules and no suit shall lie in a Civil Court to
contest any such order.

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 (a) widespread calamities
such as famine, draught,
etc.;

(i) in the event of failure of

crops due to-

Remission or suspension of (b) local calamities such as

land revenue may be hail, floods, locusts and
granted : - similar visitation; and
(ii) in cases in which crops
could not be grown in any
area in consequence of an
order made under any law
by a competent authority.

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 Section 147 - Process for recovery of arrear
• 1[An arrear of land revenue payable to Government or Gram Sabha] may be recovered by a Tahsildar by any one or more of
the following processes :-
• (a) by attachment and sale of movable property;
• (b) by attachment and sale of the holding on which arrear is due and where such holding consist of more than one survey
number or plot number by sale of one or more of such survey numbers, or plot numbers as may be considered necessary to
recover the arrears:2[Provided that no holding shall be sold for the recovery of any dues of a co-operative society without first
exhausting the procedure prescribed in Section 154-A.]3[
• (bb) by attachment of holding on which arrear is due and letting the same under Section 154-A;
• (bbb) by attachment of any other holding belonging to the defaulter which is used for the purposes of agriculture and letting
the same under Section 154-A;]
• (c) by attachment and sale of any other immovable property belonging to the defaulter
• :Provided that the process specified in clauses (a) and (c) shall not permit the attachment and sale of the following, namely :-
• (i) the necessary wearing apparel, cooking vessels, beds and bedding of the defaulter, his wife and children, and such personal
ornaments, as, in accordance with the religious usage, cannot be parted with by any woman;
• (ii) tools of artisans and, if the defaulter is an agriculturist, his implements of husbandry, except an implement driven by
mechanical power and such cattle and seed as may, in the opinion of the Tahsildar, be necessary to enable him to earn his
livelihood as such;
• (iii) articles set aside exclusively for the use of religious endowments;
• (iv) house and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and
necessary for the enjoyment) belonging to an agriculturist and occupied by him :4
• [Provided further that the process specified in clause (b) shall not permit attachment and sale of holding where the defaulter
holds,-(i) six hectares or less than six hectares of land in the Scheduled Area; or(ii) four hectares or less than four hectares of land
in other areas.
• Explanation.-For the purpose of this proviso, "Scheduled Area" means any area declared to be Scheduled Area within the State
of Chhattisgarh under paragraph 6 of the Fifth Schedule to the Constitution of India.]
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 NO attachment and sale of the following :-

house and
other buildings
(with the
if the defaulter materials and
cattle and
is an the sites
seed as may,
agriculturist, thereof and
in the opinion articles set
his implements the land
personal of the aside
the necessary of husbandry, immediately
cooking beds and ornaments tools of Tahsildar, be exclusively for
wearing except an appurtenant
vessels, bedding, (religious artisans, necessary to the use of
apparel, implement thereto and
usage),; enable him to religious
driven by necessary for
earn his endowments;
mechanical the
livelihood as
power and enjoyment)
such;
such belonging to
an agriculturist
and occupied
by him

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 Section 152 - Land sold for arrears to be free
from encumbrances
• (1) Unless the Sub-Divisional Officer in ordering the sale
otherwise directs, purchaser of the land sold for arrears of land
revenue due in respect thereof, shall acquire it free of all
encumbrances imposed on it, and all grants and contracts
made in respect of it, by any person other than the
purchaser.(2) Any transfer, grant or contract in respect of trees
or the produce of trees which are or at any time have been the
property of the bhumiswami of the land in which they stand,
shall be deemed to be a grant or contract made in respect of
such land within the meaning of sub-section (1).

• CHHATTISGARH LAND REVENUE CODE, 1959 Section 152 - Land

sold for arrears to be free from encumbrances
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 Section 155 - Moneys recoverable as an arrear of land revenue
• The following moneys may be recovered, as far as may be, under the provisions of this Chapter in the same manner as an arrear of land revenue :-
• (a) except such charges as are included in the land revenue under sub-section (2) of Section 58, all rents, royalties, water rates, cesses, fees, charges,
premia, penalties, fines and cost payable or leviable under this Code or any other enactment for the time being in force;
• (b) all moneys falling due to the State Government under any grant, lease or contract, which provides that, they shall be recoverable in the same manner
as an arrear of land revenue;1
• [(bb) all moneys guaranteed by the State Government to the extent of amount guaranteed under a contract of guarantee, which provides that they
shall be recoverable in the same manner as an arrear of land revenue;]
• (c) all sums declared by this Code, or any other enactment for the time being in force to be recoverable in the same manner as an arrear of land
revenue; and
• (d) any sum ordered by a liquidator appointed under any law relating to Co-operative Societies in force for the time being in any region of the State to be
recovered as a contribution to the assets of a society or as the cost of liquidation :Provided that no action shall be taken on application for recovery of a
sum specified in clause
• (d), unless such application is accompanied by a certificate signed by the Registrar appointed under such law that the sum should be recovered as an
arrear of land revenue;2[
• (e) all moneys becoming payable to the Chhattisgarh State Agro, Industries Development Corporation Limited-(
– i) on account of penalty, cost of agricultural implements or other materials sold by the Corporation to agriculturists for the purpose of agriculture or improvement of
land otherwise, under any agreement of sale of such implements or materials by the said Corporation;
– (ii) in repayment of any loan advanced by the said Corporation or of any amount due to the said Corporation under any lease, contract, or agreement with or any
other dealing of the said Corporation:
• Provided that no action shall be taken on application for recovery of a sum specified in this clause, unless such application is accompanied by a certificate
signed by the Managing Director of the said Corporation that the sum should be recovered as an arrear of land revenue;]3[(
• f) all moneys becoming payable to the Chhattisgarh Laghu Udyog Nigam Limited and the Chhattisgarh Audyogik Vikas Nigam Limited-
• (i) on account of service charge, penalty, interest, cost of machinery or other materials sold by the said Nigams to entrepreneurs for the purpose of
establishing, expanding or running an industry or for any other purpose ancillary to an industry under any agreement of sale on hire purchase or otherwise
of such machinery or materials by the said Nigams;
• (ii) on account of rent or cost of building hired out or sold, as .the case may be, by the said Nigams under any lease, contract or agreement;
• (iii) in repayment of any loan advanced by the said Nigams, or of any amount due to the said Nigams under any lease, contract or agreement with or
any other dealing of the said Nigams:
• Provided that no action shall be taken on application for recovery of a sum specified in this clause unless such application is accompanied by a
certificate signed by the Managing Director of the said Nigam that the said sum should be recovered as an arrear of land revenue;
• (g) all moneys becoming payable to the Chhattisgarh Lift Irrigation Corporation Limited on account of-
– (i) construction charges of the tube-wells;
– (ii) water rates for the water supplied for the purpose irrigation from any Lift Irrigation Schemes;
– (iii) any sum due to the said Corporation under any lease, agreement or contract executed with the said Corporation:
• Provided that no action shall be taken on application for recovery of a sum specified in this clause unless such application is accompanied by a certificate
signed by the Managing Director of the said corporation that the said sum should be recovered as an arrear of land revenue.]
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 148
 Moneys recoverable as an arrear of land
revenue

all rents, all moneys falling

royalties, water due under any
rates, cesses, grant, lease or
fees, charges, contract, which
amount
premium, provides that,
guaranteed any sum ordered construction
penalties, fines they shall be
under a contract by a liquidator charges
and cost recoverable in
of guarantee
payable or the same
leviable under manner as an
this Code or any arrear of land
other enactment revenue.

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 Section 157 - Class of tenure
• There shall be only one class of tenure-holders of land
held from the State to be known as bhumiswami.

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 Section 159 - Land revenue payable by bhumiswamis

• Every person becoming a bhumiswami under Section

158 shall pay as land revenue-
– (a) if he was paying land revenue in respect of the lands held
by him-such land revenue; or
– (b) if he was paying rent in respect of the lands held by him-
an amount equal to such rent.

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 Section 161 - Reduction of revenue during the currency of
settlement
• (1) At any time during the currency of the settlement the Collector may, in accordance with
such rules as may be made in this behalf, on the application of a bhumiswami or of his own
motion reduce the revenue in respect of any land on any of the following grounds, namely :-
– (i) that the land has been wholly or partially rendered unfit for. cultivation in consequence of
floods or other cause beyond the control of such bhumiswami;
– (ii) that any irrigation source, whether new or old, constructed and maintained at the cost of the
State has fallen into disrepair and has ceased to irrigate the whole or any part of his holding to
which an enhanced rate of revenue has been applied on account of irrigation;
– (iii) that any private irrigation source has for any cause beyond the control of bhumiswami,
ceased to irrigate the whole or any part of the holding which has been assessed to enhanced
land revenue on account of irrigation;
– (iv) that the revenue payable by the bhumiswami in respect of the land is more than the revenue
calculated at the rate fixed at the last settlement or under any other law for such land;
– (v) that the area of the holding of such bhumiswami has decreased for any reason below the
area on which the existing land revenue was assessed.
• 2) Where any reduction is ordered under sub-section (1), such reduction shall take effect from
the commencement of the revenue year next following the date of the order.
• (3) If the cause for which revenue has been reduced under sub-section (1) subsequently
ceases or is removed, the Collector may, after giving the bhumiswami a reasonable
opportunity of being heard, make an order directing that such reduction shall cease to be in
force and on such order being passed the reduction shall stand revoked from the
commencement of the revenue year next following the date of the order
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 152
 Reduction

(iv) that the revenue

(ii) that any irrigation
(iii) that any private payable by the
(i) land has been sourcehas fallen into (v) area of the holding
irrigation source ceased bhumiswami in respect
rendered unfit; disrepair and has has decreased.
to irrigate of the land is more than
ceased to irrigate;
the revenue calculated;

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07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 154
 Section 164 - Devolution

• Subject to his personal law the interest of bhumiswami

shall, on his death, pass by
– inheritance,
– survivorship or
– bequest, as the case may be.]

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 Inheritance refers to the
assets that an individual
inheritance,
bequeaths to their loved
ones after they pass away.

the right of a surviving owner

or owners of property held as
under joint tenancy to
Devolution by Survivorship
undivided ownership upon
the death of either or any of
them.

the act of giving or leaving

bequest,
something by will

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 156

 SECTION 165 - RIGHTS OF TRANSFER
• Provisions regarding Mortagage :
• MORTGAGE:
– No mortgage is valid unless Bhumiswami has atleast 5 acres of irrigated or 10
acres of unirrigated land left with him free from encumbrance or change.
• USUFRUCTRARY MORTGAGE:
– Usufructuary mortgage shall be valid only if it is for a period exceeding 6
years with a condition that mortgage shall be redeemed even without
payment on the expiry of term mentioned in mortgage deed.
• The mortgagee shall re-deliver possession of mortgaged land to
Bhumiswami.
• Order of ejectment by Tahsildar : If mortgage does not hand over
mortgaged land after the expiry of term then tahsildar may order
ejectment to trespasser.

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• Land held for non-agricultrual purpose :
– No provisions of section S/165(2) shall apply in case of a
mortgage of land held by a Bhumiswami for non-agricultural
purpose.

– Interest on mortgage :
• The total amount of interest accruing under the mortgage not
exceed the sum of the principal amount advanced by the mortgage

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 RIGHT OF TRANSFER OF ABORIGINAL TRIBES

Non-transferability
of land of aboriginal
tribes:

To a person not
Land inhabited by belonging to such
aboriginal tribes not tribe in areas
to be transferred by specified in
notification

as a consequence
Sale or otherwise of transaction of
loan
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 159
 (ii) Permission of Revenue officer to transfer:

land
inhabitated
not below the
by such tribe is
rank of
not
In areas not to a person without Collector,
transferable
notified by not belonging permission of after
by sale or
Government, to such tribe a Revenue off recording
otherwise or
reason in
as
writing.
consequence
of transaction

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 160

 (iii) Transfer to person not belonging to
aboriginal tribe
:Bhumiswami
Not to be transferred Without permission of
belonging to
to a Person not Collector after
Aboriginal Tribe
belonging to recording reason in
Holding land excluding
Aboriginal Tribe writing.
agricultural land

Provided every such

Shall be void; unless
transfer effected
ratified by the
after9th June, 1980 but
Collector
before 20th April, 1981

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(iv) Procedure for Ratification by Collector
• The Collector on his own motion at any time or on application
made within 3 years of such transfer in prescribed format may
make enquiry as he may deem fit.
• Collector after giving reasonable opportunity of being heard to
the parties affected by such transfer, pass an order either
RATIFYING OR REFUSING such transfer as he may deem fit.

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 v) Factors to be considered by Collector -

The Collector shall give due regard to the following factors

while ratifying and refusing to ratify any such transfer –
• (1) Whether or not the person is resident of Scheduled area.
• (2) The purpose for which land is to be used after transfer.
• (3) Whether the transfer serves, or is likely to serve or prejudice the
sociocultural and economic interest of the residents of the Scheduled area
• (4) Whether the consideration paid is adequate or not.
• (5) Whether the transaction is spurious or benami.
• (6) Other matters as may be prescribed under this Code or any othe law for
time being in force. Decision of Collector shall be final. Immediately after the order
of refusal grant of permission, the transferee shall vacate and
restore the possession the original Bhumiswami.

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 (vi) Diversion of land transferred to person not
belonging to this tribe

Bhumiswami belonging
toAboriginal Tribe

Transfers land to any person

not belonging to the
Aboriginal Tribe

Shall not be diverted before

the expiry of TEN YEARS from
the date of such transfer

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 MODULE 4 : RIGHTS IN ABADI AND UNOCCUPIED LAND AND ITS
PROCEDURE..
• Nistar Patrak, Record of unoccupied land.

• Wajib-ul-arz. Text Books:

M.P./Chhattisgarh
• Reinstatement of Bhumiswami improperly dispossessed. Land Revenue Code,
1959

• Exclusive jurisdiction of revenue authorities. Author: M.L. Jindal.

Publisher: M. Rajkamal
• Nistar Patrak, Record of unoccupied land. Publications, Indore.

• Wajib-ul-arz.

• Reinstatement of Bhumiswami improperly dispossessed.

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 Section 233 - Record of unoccupied land

• A record of unoccupied land shall, in accordance with

rules made in this behalf be prepared and maintained
for every village,
• scheme of management of all unoccupied land in a
village
• By Sub-Divisional Officer
• As per the wishes of the residents of the village

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 Matters to be provided for in Nistar Patrak
wood,
(a) terms and conditions
on which GRAZING OF
CATTLE in the village will
be permitted; timber,

(b) the terms and

The matter for Nistar conditions on which and fuel or any other forest
Patrak:- the extent to which any produce;
resident may obtain-

mooram, kankar, sand,

(c) instructions regulating earth, clay, stones or
a and b;

(d) any other matter. any other minor mineral;

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 Special provisions for certain matters

Collector shall, as far as

possible, make provision for-

(c) the concessions to be

(b) removal free of charge granted to the village
(a) free grazing of the by the residents for their craftsmen for the removal
cattle used for agriculture; bona fide domestic of the articles specified in
consumption of- clause (b) for the purpose
of their craft.

(i) forest produce; (ii) minor minerals;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 168
 Unoccupied land to be used collectively for

(a) for timber (b) for

or fuel (c) for burial (f) for (g) for bazar;
pasture, (e) for threshing (h) for
reserve; ground and (d) for
grass bir or encamping floor; skinning (k) for any
cremation gaothan;
fodder ground; ground; other
ground
reserve; (j) for public purposes
purposes which may
(i) for such as be
manure pits: schools, play prescribed
grounds, for the
parks, road, exercise of
lanes, drains right of
and the like; Nistar.
and

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 169

 PROHIBITION OF CUTTING OF CERTAIN TREES

1. No tree shall be cut, felled, girdled or otherwise

damaged:-
cutting of trees only in the
• (a) within 30 metres of the bank of any water- circumstances enumerated below: -
course' spring or a tank;
• (b) within 15 metres of the centre of a road or a
cart track and within 6 metres of a footpath; •the trees likely to cause any harm or
damage to life and property
• (c) over an area covered by a grove within a
•there is likelihood of pollution of drinking
radius of 30 metres of a sacred place; water;
• (d) in the area under plantation of tree species •the trees are dead or dying;
under the Van Mahotsava Programme or under •the removal of trees is likely to beautify
any other similar scheme; or increase amenities in a place of public
• (e) over an area set apart for an encamping utility.
ground, burial or burning ground, gothan, •Fruit bearing trees, which have become
sterile, dried tree
threshing floor, bazar or abadi; or •Trees, which are required to be cut for
• (f) on hilly and undulating ground the growth of other plant/tree; and
•Tree, which are required to be cut in
public interest.]

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 Section 242 - Wajib-ul-arz

the Sub-Divisional Officer shall, in the

prescribed manner, ascertain and record the
customs in each village in regard to-

(b) the right to fishing

(a) the right to
;in any land or water
irrigation or right of
not belonging to or
way of other
controlled or
easement;
managed by the State

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• Wajib-ul-arz or village administration paper is a record
of existing rights not expressly provided for by law and
of customs and usage regarding the rights and
liabilities in the estate

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 172

 (i) Right to irrigation;

(v) Rights of persons of other villages over the lands of the

village;

(iv) Rights of way, village roads, paths, drains and the like;
Customs to be ascertained and
recorded in the Wajib-ul-arz

(iii) Right to fishing;

(ii) Other water-rights;

(vi) Rights of the villagers over the lands of other villages;

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 Other easements include-

• (a) Burial and cremation ground,

• (b) Gaothan,
• (c) Encamping-ground,
• (d) Threshing-floor,
• (e) Bazars,
• (f) Skinning-grounds,
• (g) Rights to graze and take fuel.
• (h) Manure and rubbish;
• (viii) Other miscellaneous rights

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 174

 procedure for ascertaining and recording the
customs
• (i) The Sub-Divisional Officer shall, examine the Wajib-ul-arz prepared at the last settlement,
prepare draft of Wajib-ul-arz incorporating the existing customs.
• (ii) The Sub-Divisional Officer to publish the draft Wajib-ul-arz in the village along with a
proclamation , calling upon the villagers to submit claims and objections to him by a
specified date, which shall not be more than 15 days after the date of proclamation,
stating whether they object to any custom recorded in the draft or desire any customs to
be recorded in it.
• (iii) After the expiry of the date fixed for the receipt of claims or objections, the 3[Sub-
Divisional Officer] shall on a date to be announced by beat of drum, make such enquiry in
the village as he may deem fit.
• (iv) The 3[Sub-Divisional Officer] shall then, make a record of the customs so ascertained
and such record shall be shown as the Wajib-ul-arz of the village.4. After the Wajib-ul-arz is
prepared, it shall be read out in the village or at suitable centres, and a copy thereof shall
be posted in the office of the Gram Panchayat or Gram Sabha or such other suitable
place in the village as may be determined by the 3[Sub-Divisional Officer.]

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 within one year
from the date of
Any person the decision of
the publication,
aggrieved by the Civil Court in
institute a suit in
any entry made the suit shall be
a CIVIL COURT to
in such record final and
have such entry
may, conclusive.
cancelled or
modified.

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 MODIFICATION
Sub-Divisional Officer may, on the application of any person interested therein or on
his own motion, modify an entry or insert any new entry in the Wajib-ul-arz any of the
following grounds :-

(a) that all persons interested in such entry wish to have it modified; or

(b) that by a decree in a civil suit it has been declared to erroneous; or

(c) that being founded on a decree or order of a Civil Court or on the order
of a Revenue Officer it is not in accordance with such decree or order; or

(d) that being so founded, such decree or order has subsequently been
varied on appeal, revision or review; or

(e) that the Civil Court has by a decree determined any custom existing in
the village.
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 Section 243 - Abadi

Where unoccupied land for

The provisions of the Land
purposes of abadi is not
area reserved for abadi is in Acquisition Act, 1894 (1 of
available, the State
the opinion of the Collector 1894), shall apply to such
Government may acquire
insufficient, acquisition and
any land for the extension
compensation
of abadi.

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• Section 245 - Rights to hold house site free of land
revenue
• A building site of reasonable dimensions in the abadi shall not
be liable to the payment of land revenue if such site is
occupied by a kotwar or a person who holds land or works as
an agricultural artisan or an agricultural labourer in such village
or in a village usually cultivated from such village.

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 Section 248 - Penalty for unauthorisedly taking possession of land
• 1[(1) Any person who unauthorisedly takes or remains in possession of any unoccupied
land, abadi, service land or any other which has been set apart for any special purpose
under Section 237 or upon any land which is the property of Government may be
summarily ejected by order of the Tahsildar and any crop which may be standing on the
land and building or other work which he may have constructed thereon, if not removed
by him within such time as the Tahsildar may fix shall be liable to forfeiture
• Any property so forfeited shall be disposed of as the Tahsildar may direct and the cost of
removal of any crop, building or other work and of all work; necessary, to restore the land
to its original condition shall be recoverable as an arrear of land revenue from him. Such
person shall also be liable at the discretion of the Tahsildar to pay the rent of the land for
the period of unauthorised occupation at twice the rate admissible for such land in locality
and to a fine which may extend to 2[five thousand] rupees and to a further fine which may
extend to twenty rupees for every day on which such unauthorised occupation or
possession continues after the date of first ejectment.
• The Tahsildar may apply the whole or any part of the fine to compensate persons who may
in his opinion have suffered loss or injury from the encroachment:

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 Section 250 - Reinstatement of bhumiswami improperly
dispossessed
• 1[(1) For the purpose of this section and Section 250-A bhumiswami shall include occupancy tenant and
Government lessee.]
• 2[(1-a) If a bhumiswami is dispossessed of the land otherwise than in due course of law or if any person
unauthorisedly continues in possession of any land of the bhoomiswami to the use of which such person
has ceased to be entitled under any provision of this Code, the bhumiswami or his successor in-interest
may apply to the Tahsildar for restoration of the possession,-
– (a) in case of bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe
under sub-section (6) of Section 165-(i) before the 1st July, 1978 in cases of unauthorised dispossession
prior to the 1st July, 1976; and(ii) in any other cases within five years from the date of dispose- session or
from the date on which the possession of such person becomes unauthorised, as the case may be;
– (b) in case of a bhumiswami not covered by clause (a), within two years from the date of
dispossession or from the date on which possession of such person becomes unauthorised, as the case
may be.]1
• [(1-b) The Tahsildar shall on coming to know that a bhumiswami has been dispossessed of his land
otherwise than in due course of law, suo motu start proceedings under this section.]
• (2) The Tahsildar shall, after making an enquiry into the respective claims of the parties, decide the
application and when he orders the restoration of the possession to the bhumiswami, put him in possession
of the land.
• [2-a) The proceedings started under this section shall after receipt of reply from the other party, continue
from day to day unless for reasons to be recorded in writing a longer adjournment is considered necessary
and in that case a copy of the order sheet containing the reasons for such adjournment shall be sent to
the Collector.]1[

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• (3) The Tahsildar may at any stage of the enquiry pass an interim order for handing over the possession of the land to
the bhumiswami, occupancy tenant or Government lessee, as the case may be, if he finds that he was dispossessed
by the opposite party within six months prior to the submission of the application or commencement of suo motu
proceedings under this section In such case the opposite party shall, if necessary, be ejected under orders of the
tahsildar.]
• (4) When an interim order has been passed under sub-section (3) the opposite party may be required by the
Tahsildar to execute a bond for such sum as the Tahsildar may deem fit for abstaining from taking possession of land
until the final order is passed by the Tahsildar.
• (5) If the person executing a bond is found to have entered into or taken possession of the land in contravention of
the bond, the Tahsildar may forfeit the bond in whole or in part and may recover such amount as an arrear of land
revenue.
• (6) If the order passed under sub-section (2) is in favour of the applicant the Tahsildar shall also award compensation
to be paid to the applicant by the opposite party which shall be at the prorata rate of two hundred and fifty rupees
per hectare per year.]
• (7) The compensation awarded under this section shall be recoverable as an arrear of land revenue.
• (8) When an order has been passed under sub-section (2) for the restoration of the possession to the bhumiswami
the Tahsildar may require the opposite party to execute a bond for such sum as the Tahsildar may deem fit for
abstaining from taking possession of the land in contravention of the order.]
• (9) Where an order has been passed under sub-section (2) for the restoration of the possession of the bhumiswami,
the opposite party shall also be liable to fine which may extend to five thousand rupees:Provided that it shall not be
competent to the Tahsildar to impose a fine of amount exceeding one thousand five hundred rupees but if in any
case he considers that circumstances of the case warrant imposition of a higher fine, he may refer the case to the
Sub-Divisional Officer who shall, after giving the party concerned an opportunity of being heard, pass such orders in
respect of fine as he may deem fit.]

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 Ingredients:

(i) That the person (ii) That the identity of (iii) That the date of
seeking relief must the disputed land dispossession should
hold the disputed land must be clearly be proved beyond
in Bhumiswami rights. established. doubt.

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 Reinstatement and restoration of Possession

• Asgar Ali Vs. Amna Bai, 2011 AMACJ 124:

• The respondent had failed to prove the factum of forcible
dispossession by the petitioner when and in what manner the
respondent was dispossessed and the property in dispute is
bhumiswami land. On the contrary, as per her own evidence, the
respondent herself constructed the house over the suit land and gave
its possession to the petitioner about 15 years ago. So for as property in
dispute is concerned, which is house property. Section 250 of Madhya
Pradesh Land Revenue Code, 1959 has no application and the
petitioners remedy lies in filing of civil suit.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 184

 No order of restoration of possession :
• Gagraj singh Vs. Ram Singh & ors 2006 RN 218
• On the basis of demarcation report, filed map, field book and
statement of Patwari, the plaintiff has utterly failed to prove that
disputed land in question forms part of his survey. It was held
that where plaintiff did not prove his Bhumiswami right over the
disputed land, no case for restoration of possession is made out.

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Jurisdiction of Civil Courts :State of M.P. Vs. M/s
Jiwari land Dev Corp, 2009 RN 363
• : Civil suit filed on the basis of declaration of title.
Revenue Court cannot decide the title of the parties
concerned. The title suit can only be filed before the
Civil Courts. Whatever order passed in the proceeding
under section 250 of the Code, the Civil suit is not
barred under the provisions of Section 257 (x) of the
Code

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 186

Non-availability of remedy of under Section 9 of SpecificRelief Act
: Natha Vs. Dibande Huussain AIR 1967 MP 14 (DB):

• The remedy of the suit under section 9 of the Specific

Relief Act for obtaining possession of an agricultural
land is not available to a Bhumiswami who has been
dispossessed from that land. Such a Bhumiswami, if he
wishes to have the land restored to him in a speedy
manner and after a summary enquiry, must report to
the remedy given by Section 250 of the Code.

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07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 189
 PART 2
CHHATTISGARH RENT CONTROL ACT, 2011.
MODULE 5 :
RENT, RENT CONTROL TRIBUNAL & RENT MODULE 06: LANDLORD
CHHATTISGARH RENT
CONTROLLER. AND TENANT.
CONTROL ACT, 2011.

i. Tenancy Agreement
and Rent Agreement. iii. Rent Controller.
i. Introduction, History.

ii. Appeals in case of

dispute.
ii. Rent Control
i. Short title, extent Tribunal: Its Constitution.
and commencement.

iv. Powers and functions of iii. Repeal and Savings.

Rent Control Tribunal.
ii. Definitions.

i. Rights and obligations of Landlords and Tenant

(Schedule 1 to 4)
vi. Execution of the Order.

iii. Exemptions.

v. Powers and
functions of Rent Controller.

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• RENT CONTROL is the practice of imposing a maximum ceiling upon the rent in a particular locality
• Rent Control Laws prevent the landlord from charging exorbitant rents and evicting tenants at will.
• While most economists agree that rent controls are bad taking note that it has done deregulating rents,
especially in India.
• There is diversity of rent control laws existing in various states and countries that makes the task of policy
makers much more difficult.
• Rent controls were introduced in the early 1900s in the United States and some other parts of the world to
check uninhibited rent increases and tenant eviction during wartime housing emergencies.
• After World War II. there was a sudden increase in the demand for rentable housing from soldiers returning
home.
• With industrialization and corresponding urbanization, there was an increase in rural-urban migrations.
Rent Control Acts (RCAs), under various names were introduced in many countries.
• These were called the first generation rent controls Those introduced later were called the second
generation rent controls or soft rent controls.
• The first rent control legislation in India was introduced immediately after the First World War in Bombay in
1918. It was followed by similar legislations for Calcutta and Rangoon in 1920.
• By the end of the Second World War almost all the major cities and towns in the countries were covered
by rent control measures. They were all purely temporary measures to provide relief to the tenants against
the demand of exorbitant rent and indiscriminate eviction by the landlords due to scarcity of houses in the
urban areas

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 HISTORICAL BACKGROUND
• Before the passing of the Transfer of Property Act, 1882
• the landlord-tenant relationship was essentially contractual in nature.
• After the advent of Transfer of Property Act in 1882 the concept of contractual
letting was preserved to a large extent under the aforesaid Act.
• Chapter V of the Transfer of Property Act, 1822 provided for the law of leases
which continued to govern the landlord- tenant relationship in different areas till
the year 1939.
• Thus it is evident that the Transfer of Property Act was the first step towards
curtailing the concept of free contractual tenancies.
• It was the general law applicable to landlords and tenants but it could not
resolve all the issues related to tenancy rights, scarcity of accommodation i.e.
shortage of housing, etc therefore the need of having Rent control legislation
came into being.

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 Advantages and Disadvantages of Rent
Control
The main arguments against rent control The main arguments for regulation
include: include:
•Rent control reduces the supply of •Rental prices in many cities are rising far
decent housing, as landlords would faster than wages for moderate-income
rather convert a building to condos or jobs
adapt it to commercial use than abide •Rent control may enable moderate-
by a law that limits their profits income families and people on fixed
•Investment in new rental housing incomes to live decently and without
screeches to a halt fear of a personally catastrophic rent
•Maintenance of buildings under rent hike
control is lax or nonexistent because of •Neighborhoods are safer and more
the poor return on investment for stable with a base of long-term residents
landlords in rent-controlled apartments

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 OBJECTIVES
An Act to provide for adjudication of matters relating to rent by a Tribunal
and to promote leasing of accommodation by balancing the interests
of landlords and tenants.
• The CG Rent Control Act is meant mainly to protect the tenants from frivolous evictions.
• It also protects the legal right to property of Landlords.
• A landlord has a common law right to evict the tenant either on the termination of the tenancy by
efflux of time or for default in payment of rent or other grounds after giving notice under the Act.
• This broad right has been curtailed by the cg Rent Control Act with a view give protection to
tenants

The two main objects of the CG Rent Control Act are:

•1. To give tenant fair rents and protection from the unreasonable
eviction.
•2. To ensure fair return to landlords and giving them right of eviction for
limited purpose.

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• it is a composite legislation in the sense that while providing
protection to the tenants, who, under common law. including
Transfer of Property Act, could be evicted from the premises let out
to them, at any time by the landlord on the termination of their
tenancy, it restricts the right of the landlords to evict the tenants at
their will.
• This Act thus beneficial as also restrictive in nature.
• The SC felt that the courts art therefore, under a legal compulsion
to harmoniously read the provision of the Act so as to balance the
rights of the landlord and the obligations of the tea towards each
other.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 195
 PURPOSE

The essence
of ubi jus ibi
remedium
demands that
On the other Eviction of a The statutory
if the tenant The law has to
The hand, a tenant may grounds for
has a be balanced
protection to tenant who also take eviction are
protection for both the
tenants misuses any place when to be Law must not
against parties as the
against rented the landlord carefully favour either
unlawful sanctity of the
indiscriminate premises or himself drafted so the landlords
eviction then landlord-
eviction by defaults in requires the that both the or the tenants.
the landlord tenant
unscrupulous payment of premises for sides are
must also be relationship is
landlords. rent ought to his bona-fide equally
entitled for at stake.
be evicted. use. placed.
recovery of
possession on
certain
grounds.

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07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 197
• IMPORTANT DEFINITIONSRent
• Although the term rent has not been defined under the Act of 1958,
but Under the Indian law, EvictionThe term "eviction" has been derived
from a Latin word 'evincere' which means to dispossess by a judicial
process, or in the course of legal proceedings Eviction is the removal of
a tenant from possession of premises in which he or she resides. It can
be done by a landlord either by re-entry upon the premises or through
a court action. Eviction may be in the form of a physical removal of a
person from the premises or by disrupting the services and amenities
The latter method is known as constructive [Link]
exists a relationship of landlord and tenant between the parties
tconstitute a tenancy. The relationship involves four elements:1.
Landlord or lessor2. Tenant or lessee3. Payment of rent, and4. Transfer
of interest in the premises.

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 EXTENT
• It shall extent in first instance to such of the Municipal
areas which are comprising the Distict Headquarters in
the State and later on to such or other Municipal area~
or any areas within the state as the State Government
may, by Notification in the Official Gazelle, specify from
time to time.

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 DEFINITIONS.

"Accommodation" means

includes open space, staircase,

grounds, garden, garage and all
facilities and amenities forming
whether residential or non- leased out by the landlord to the
any building or part of a building, part of the agreement between
residential, tenant and
them of any land which is not
being used for agricultural
purposes;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 200

 executed by
as required
the written the landlord
"Agreement" means under this
agreement and the
Act;
tenant

a tenant who fails in

a period of 12
"Habitual all dues to the
months on three or in accordance with
landlord on the due
Defaulter" means more occasions to
date
the agreement;
pay in full the rent
and

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 means a person who for
the time being is receiving
or is entitled to receive,
The definition of "landlord" is inclusive in the sense
that it is extended to "agent" or “lessee" also.
the rent of any definition of "landlord" otherwise refers to the
accommodation, owner of building or a lessee of the building, who
inducts a person as tenant and, therefore, rent is
payable to such a person, namely, the owner or
whether on his own
account or on account of lessee (principal). The term "rent payable" means,
"Landlord" or on behalf of or for the
benefit of any other as a matter of legal right, one can enforce his
person or claim for realization of rent from tenant. The term
"payable" means payable in law. "Payable" means
as a trustee, guardian or someone who, in law, has right to receive, and
receiver for any other
person or
can enforce such right. Such a right undoubtedly
shall vest in the owner of building or co-owner of
building.
who would so receive the
rent or to be entitled to
receive the rent, if the
accommodations were
let to a tenant;

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 ";
Rent" means

payable by the against an

the consideration to the landlord
tenant accommodation

• The term 'Rent is defined as payment of money by the tenant to the landlord in
consideration for a allowing the former to occupy a house or a portion of a land or building
for commercial or personal use.
• The person who is not the actual owners of the premises which he occupies and who pays
money to guarantee his right of residence or commercial use is called the tenant while the
real owner who receives consideration for renting out his premises is known as the landlord
• Section 105 of the Transfer of Property Act which defines lease also defines it.
• any payment by the lessee that is part of the consideration of the lease is rent.

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 "Tenant"
• (i) the person by whom or on whose account or behalf rent is, or but for, a
contract express or implied, would be payable for any accommodation to his
landlord including the person who is continuing its possession after the
termination of his tenancy otherwise than by an order or decree for eviction
passed under the provisions of this Act; and
• .

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 death of the tenant
for commercial
for residential
or business
purposes,
purposes,
legal representatives of a person who
continued in possession after the
his surviving spouse, his surviving spouse, termination of his tenancy were
son, daughter, son, daughter, entitled to inherit his tenancy and the
mother and father mother and father statutory protection against eviction,
etc. attached to it.

CAN BE called lessee or by any other

who had been who had been name
ordinarily residing ordinarily carrying
with him on business with him
includes any person occupying the
premises as a sub-tenant

in such
as member of his
accommodation as
family up to his
member of his family
death;
up to his death

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 Sec 3. Exemptions

department of
Government

(1) Any
accommodation Board of
belonging to or Government
owned by
. - Nothing in this
Act shall apply to-
(2) Any building Corporation
exempted in public promoted /owned
interest by the by the
Government. Government.

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 Sec. 4. Tenancy Agreement

except by an
any
no person shall,, let or take on rent AGREEMENT in
accommodation
writing.

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 tenancy created
before the
commencement
of this Act,-

file the same

(a) agreement (b) no agreement before the Rent
Controller;

filed before the enter into an

Rent Controller. agreement

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 Rent to be as agreed.
• - (1) The rent payable for any accommodation shall,
subject to other provisions of this Act, be such as may
be agreed upon between the landlord and the tenant
and it shall not include the charges payable for
amenities which may be agreed upon separately; and
shall be payable accordingly.
• (2) Unless agreed otherwise every tenant shall pay the
rent by the fifteenth day of the month next following
the month for which the rent is payable.
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 Rent Control Tribunal
• A Rent CT, and not any other Civil Court, shall have the
jurisdiction to hear and conclude an application regarding
rental disputes between a tenant and an owner.
• The former, to discharge its function under the CGRCA, will
have the same powers as bestowed upon a Civil Court by the
Code of Civil Procedure, 1908.
• Matters regarding the question of ownership and the title of
premises shall be beyond the jurisdiction of a Rent Court.

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• The Indian rental housing market needs a speedy and transparent grievance
redressal system to encourage more homeowners to let out their properties and
to reduce the apprehensions of tenants with regards to unfair evictions and
arbitrary rental hikes.
• The Rent CT, is also crucial to achieving the Central Government’s ‘Housing for
All’ by 2022 mission, since the presence of the said Court may encourage more
owners to put their properties out for rent, thus increasing the supply of the
same.
• Purchasing a home continues to be a massive challenge for many in urban
India, and therefore, renting a home is vital to meet the demand for housing.
• As per a report by the Green Rating for Integrated Habitat Assessment Council
(GRIHA), there was a shortage of urban housing within India to the tune of 18.78
million units in 2018. Since the construction of the required units is challenging
due to land scarcity issues, rental housing presents an economically feasible
resolution.

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• A Rent Court is also increasingly important in the current context of the
COVID-19 outbreak in the country
• With the ongoing economic slowdown reducing the ability of many
tenants to pay rent, several State governments declared rent relief
measures to look out for the interests of tenants and put a period on
the rental incomes of property owners.
• However, not all landlords can afford rental waivers or deferrals,
especially some senior citizens whose survival largely depends on
rental income.
• Therefore, at the intersection of real estate and an economic
slowdown, as landlords and tenants struggle with the financial fallout
of delayed or no rent, a Rent CT provides a glimmer of hope through
its robust grievance redressal mechanism, by aiming to settle disputes
in a time bound manner.

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6. Constitution of the Rent Control Tribunal.
• - (1) The State Government shall by notification constitute, within thirty days of this Act, a Tribunal in
terms of Article 323-B of the Constitution, to be called as Chhattisgarh Rent Control Tribunal, to
give effect to the provisions of this Act, and for the adjudication or trial of any disputes,
complaints, or offences with respect to rent, its regulation and control and tenancy issues
including the rights, title and obligations of landlords and tenants.
– Explanation. - Matters relating to transfer of property and/or disputes regarding title over any property shall
continue to be considered under relevant laws by the courts of law.
• [(2) The State Government shall appoint the Chairman of the Rent Control Tribunal, a retired Judge
of the High Court or serving or retired District Judge not below the rank of Super Time Scale.
• (3) The Tribunal shall have such members with such qualification, as the State Government may
prescribe.
• (4) The State Government shall appoint an officer as the Registrar of the Tribunal, who shall not be
below the cadre of Civil Judge Class-I or the rank of Deputy Secretary to the State Government.]
• (5) From the date, the Tribunal becomes functional, which date shall be published in the State
Gazette, the jurisdiction of all courts, except the jurisdiction of the Supreme Court under Article
136 [and High Courts under Articles 226 and 227] of the Constitution, shall stand excluded in
respect of all matters falling within the jurisdiction of the Tribunal :
• [(6) The Tribunal shall have its headquarters at Raipur and the State Government may, by
notification, fix such other places for hearing of matters by the Tribunal, as it deems fit.
• (7) The terms and conditions of the service of the Chairman and members of the Tribunal shall be
such as may be prescribed by the State Government.]

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 7. Establishment of Rent Controller.
Rent Controller shall be subordinate to the Rent Control Tribunal.

one or more
officers not
State
For every below the as Rent
Government
district, rank of a Controller
to appoint
Deputy
Collector,

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 8. Powers and functions of Rent Control
Tribunal.

(a) Enabling and ensuring the active existence (b) Functioning as Appellate Authority, to
of Rent Controller(s) at all times for due consider applications of all person(s) aggrieved
fulfillment of the purposes of this Act. by any order of the Rent Controller.

Explanation. - The Rent Control Tribunal shall exercise such

powers as was exercised by the High Court in adjudicating
matters under the repealed Act.

The Rent Control Tribunal shall have powers to punish for

contempt of its authority, as if it were a High Court.

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 9. Powers and functions of Rent Controller.
powers & functions

(b) Securing the rights (c) Enforcing the

(a) Reconciling
of landlords and obligations enjoyed
dispute(s) between
tenants as available upon landlords and
landlord and tenant.
to them under this Act. tenants under this Act.

(2) All proceedings before the Rent Controller shall ordinarily

conclude within six months from the date of first appearance of
the respondent in response to the summons issued for his
appearance in the case or from the date on which the
respondent is set ex-parte.

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 10. Procedure to be followed by Rent Controller(s) and Rent
Control Tribunal.
• - (1) The Rent Controller and the Rent Control Tribunal shall not be bound by the procedure
laid down by the Code of Civil Procedure, 1908 (Central Act 5 of 1908), but shall be guided
by the principle of natural justice and subject to other provisions of this Act or the Rules
made thereunder and shall have powers to regulate their own procedure, and for the
purpose of discharging their functions under this Act they shall have the same powers as
are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908)
while trying a suit or an appeal.

• (2) Rent Control Tribunal shall not grant any adjournment without written application and
recording the reasons therefor in writing.
• (3) Any proceeding before the Rent Control Tribunal or Rent Controller shall be deemed to
be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose
of Section 196 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and the Rent
Controller shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter
XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

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 same powers as are vested in a Civil Court

(a) summoning (f) setting aside

(d) issuing
and enforcing (b) requiring (e) dismissing any order of
commissions (g) bringing
the the discovery petition for dismissal of any (h) any other
(c) reviewing for the legal
attendance of and default or petition for matter as may
its decision; examination of representatives
any person production of deciding it ex- default or any be prescribed.
witnesses or on record; and
and examining documents; parte\ order passed
documents;
him on oath; by it ex-parte;

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 Execution of the Order
Execution by following modes ;-

•(a) attachment and sale of the movable or immovable property of the

opposite party;
•(b) arrest and detention of the opposite party;
•(c) attachment of any one or more bank accounts of the opposite party
and satisfaction of the amount of order to be paid from such account;
•(d) attachment of salary and allowance of a Government Servant or
employee of any Nationalized Bank, Local Authority, Corporation,
Government Company;
•(e) appointing any advocate as Commissioner on such remuneration as
may be fixed or deputing any officer of the Tribunal or local
administration or local body for execution of the order;
•(f) delivery of possession of the premises to the applicant.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 219

 within three months of he shall be liable, to
If the tenant does not
the date of issue of pay mesne profits at
vacate
certificate for recovery the rate
of the possession,

3 times the rent in case 3 times the rent in case

2 times the rent in case certificate for recovery
of accommodations
of accommodations of immediate
let out for commercial
let out for residential possession has been
purposes,
purposes, issued.

The principle behind mesne profits is that a trespasser is not

allowed to use another person's land without compensating the
landowner. The landowner does not need to have suffered any
loss. The amount of mesne profits for which the trespasser is liable
is the amount equivalent to the ordinary letting value of the
property.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 220
• The Controller may, in order to execute the final order or any other order
passed under this Act require the help from the local administration or local
body or the police.
• (3
• (4) The Rent Controller shall conduct the execution proceedings in relation to a
final order or any other order passed under this Act in summary manner and
dispose of the application for execution made under this section within forty
five days from the date of service of notice on opposite party.
• Explanation. - Filing of an appeal or other proceeding against the order of issue
of certificate for recovery of possession or immediate possession will not save
the tenant from his liability to pay mesne-profits, at the rates specified under
sub-section (3), unless specifically ordered otherwise by the Appellate Rent
Controller or the Court before which such an order is under challenge and if the
order of issue of recovery certificate is finally maintained, the tenant shall be
liable to pay mesne-profits at the rates specified under sub-section (3) from the
date on which the recovery certificate was initially issued.

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 Rights and Obligations of Landlords and
Tenants.
• Any willful attempt or act by the landlord to undermine or deny to the tenant the rights available to him in
terms of Schedule 1 shall constitute an offence under this Act, punishable with fine not exceeding Rs. 5,000
or simple imprisonment for a period not exceeding three months or both.
• (6) Any willful attempt or act by the tenant to undermine or deny to the landlord the rights available to
him in terms of Schedule 2 shall constitute an offence under this Act, punishable with fine not exceeding
Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.
• (7) Any attempt by the landlord to neglect for unsubstantial and/or insufficient reasons the obligations
enjoined upon him in terms of Schedule 3 shall constitute an offence under this Act, punishable with fine
not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.
• (8) Any attempt by the tenant to neglect for unsubstantial and/or insufficient reasons the obligations
enjoined upon him in terms of Schedule 4 shall constitued an offence under this Act, punishable with fine
not exceeding Rs. 5,000 or simple imprisonment for a period not exceeding three months or both.

5,000₹ or 3 Months
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 Schedule 1 Schedule 2 Schedule 3 Schedule 4

Landlord's
Tenant's Rights Landlord's Tenant's
Rights
available obligations obligations
available
under the Act under the Act under the Act
under the Act

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 Principles of adjudication.

(a) In case of any clash of interests of the landlord and the tenant,
and/or any point of doubt in respect of matters relating to RENT, the
benefit thereof shall be granted to the tenant.

(b) In case of any clash of interests of the landlord and the tenant,
and/or any point of doubt in respect of matters relating to returning
POSSESSION of the accommodation to the tenant, benefit thereof
shall be granted to the landlord.

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 Sec. 13 - Appeal
• (1) Notwithstanding anything to the contrary contained in this Act, a
landlord and/or tenant aggrieved by any order of the Rent Controller
shall have the right to appeal in the prescribed manner within the
prescribed time to the Rent Control Tribunal.
• (2) Appeal against an order of the Rent Control Tribunal shall lie with
the Supreme Court.

Supreme Court.

Rent Control
Tribunal.

Rent Controller

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 Section 13(2) unconstitutional !!
• Section 13(2) of the Chhattisgarh Rent Control Act, 2011 provides for an appeal
to the Supreme Court of India against the order of the Rent Control Tribunal,
Chhattisgarh.
• Item 77 of the Union list gives power to the Parliament to legislate on
Constitution, organisation, jurisdiction and powers of the Supreme Court
(including contempt of such Court) whereas item 64 of the State list empowers
the state to legislate on jurisdiction and powers of all courts, except the
Supreme Court, with respect to any of the matters in this list
• The Supreme Court has held that a State Legislature cannot enact a law
providing an appeal directly to the Supreme Court of India.
• same is totally illegal, ultra vires the Constitution and beyond the scope of the
powers of the State Legislature.

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 Rajendra Diwan Vs. Pradeep Kumar Ranibala,

A bare reading of Entry 65 clearly indicates that the State Legislature has no power to enact any
legislation relating to jurisdiction and power of the Supreme Court. This power is specifically
excluded.
Even Entry 46 makes it clear that as far as the jurisdictional powers of the Supreme Court are
concerned, they cannot be exercised under the Concurrent List. Therefore, the powers with
regard to jurisdiction and power of the Supreme Court vest with the Union and Parliament alone
can enact a legislation in this regard. The power of the Supreme Court under Article 136 is always
there. However, the State cannot enact a legislation providing an appeal directly to the Supreme
Court. That would amount to entrenching upon the jurisdiction of the Union, which the State
Legislature does not have.
We are constrained to observe that the men who drafted the Act did not even consider the
hierarchy of Courts. As pointed above, the Rent Control Tribunal is headed by a retired Judge of
the High Court or District Judge in the Super Time Scale or above. What was the rationale of
making such an order appealable directly to the Supreme Court? We see no reason why the
supervisory jurisdiction of the High Court should be excluded.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 227

 Schedule 1: Tenant's Rights available under the Act
See Section 12 (1)
• Right to receive, at the commencement of tenancy, a copy of the agreement.
• Right to receive receipt against payments made to the landlord, either by way of security deposit,
rent or any other.
• Right to receive accommodation in a good and tenantable state before occupation.
• Right to enjoy quiet possession of the accommodation, subject to regular payment of rent, and
subject to use of the accommodation for the purpose(s) for which it was leased.
– Provided in the event of death or mental in capacitation of the tenant, his widow/wife shall automatically be
deemed to be the tenant, subject to her endorsing, through a supplemental agreement, to take upon herself,
the rights and obligations contained in the agreement executed by her husband.
• Right to all facilities and amenities forming part of the accommodation, in a working and
functional manner.
• Right to routine annual upkeep and face lift of the accommodation by the landlord, or right to
get the annual upkeep work done against reimbursement of actual expenses by the landlord,
subject to such reimbursement not exceeding one month's rent after every block of eleven
months of occupancy.
• Guarantee against any willful cutting off of essential supplies like water and electricity by the
landlord or his agent(s).
• Security of tenancy, subject to non-impingement upon the rights of the landlords included in
Schedule 2.

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 Schedule 2
[See Section 12 (2) of the Act]
Landlord's Rights available under the Act
• Security of title over accommodation, irrespective of the period of the tenant's tenancy.
• Right to demand and receive security deposit for an amount not exceeding three months rent.
• Right to receive rent regularly on or before the due date, in the manner agreed to in the
agreement.
• Right to receive annual increment in rent according to the Agreement, which rate shall not
exceed 5% in cases where monthly rent is Rs. 2000/- or less; and 10% in all other cases.
• Right to demand and receive amounts corresponding to any increase in the cost of utilities like
electricity, water, etc. enjoyed by the tenant.
• Right to inspect the accommodation during daytime, with prior appointment of the tenant, in the
presence of the tenant or any male adult member of his family, known to reside with him.
• Right to add and/or improve and/or expand accommodation and/or increase amenities.
Provided, however, that if the addition/expansion was done without concurrence of the tenant,
the landlord shall not have right to enforce increased rent.
• Right to undertake routine annual upkeep of the accommodation at a time suitable to him, or, to
allow to the tenant the option to do the routine annual upkeep of the accommodation, against
reimbursement of expenses, subject to such reimbursement not exceeding one month's rent.
• Right to make application to the Rent Controller seeking revision in rent and/or security deposit at
any point of time on justifiable and substantial grounds.

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• Right to apply to the Rent Controller seeking fair compensation from
the tenant for damages caused to the accommodation, wilfully,
negligently, or otherwise attributable to the tenant.
• Right to receive back the accommodation at the end of the tenancy
in a shape and condition as good as it was at the start of tenancy,
granting allowance for reasonable weathering and aging.

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 Grounds of eviction
• (a) If the tenant is a habitual defaulter in payment of rent and/or other dues.
• (b) If the tenant causes, or allows to be caused, substantial damage to the accommodation, for
any reason whatsoever.
• (c) If the tenant uses the accommodation for purpose(s) other than that for which it was leased
out.
• (d) If the tenant becomes a social nuisance.
(e) If the tenant is convicted under any section of the Indian Penal Code.
• (f) For carrying out major renovation work which is not possible with the tenant housed in.
• (g) On 3 months notice to the tenant in writing, if the accommodation is required for own
occupation and/or occupation by any member of the family including spouse, parent(s), son(s),
daughter, daughter(s)-in-law, son(s)-in-law.
• (h) On 6 months notice to the tenant in writing, without any obligation to assign any reason, but on
the condition that the accommodation will not be leased out at a higher rent for atleast 12
months thereafter :
•
Provided, however, that in case of the following special categories of landlords and/or their
spouse desiring the accommodation back for own use, the period of notice shall be one month:
current or retired government servants, widows, personnel of the armed forces, persons coming to
physical or mental handicap, and senior citizens (above the age of 65 years).

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 Schedule 3
[See Section 12 (3) of the Act]
Landlord's obligations under the Act
• To admit a tenant only after executing agreement, duly notarized, as required under this Act.
• To file Information on [such proforma as may be prescribed] before the local Police Station within 7 days of admitting the
tenant.
• To give proper receipt to the tenant against all payments received.
• To allow the tenant quiet enjoyment of the accommodation and all rights included in Schedule 1, so long as he fulfills his
obligations set forth in Schedule 4.
• To keep the accommodation and premises in a state of good and tenantable repair at all times.
• To dovetail the system for disposal of domestic garbage to the system designed by the civic body and to explain the system
clearly to the tenant at the start of tenancy.
• To undertake with reasonable promptitude all major structural repairs attributable to defects in construction and/or natural
aging of the house.
• To provide, wherever allowed by the State Electricity Board, a separate and exclusive meter to record the electricity consumed
by the tenant.
• Never to wilfully cut off essential supplies like water and electricity to the accommodation, or to cause such cut through
another.
• Never to exercise right to enter accommodation for inspection, in the absence of the tenant or when only female member(s) of
the family are present and are objecting to such entry.
• To undertake annual upkeep of the accommodation, or to allow the tenant to do so by allowing him expenses on actual basis,
subject to a maximum amount equal to one month's rent.
• Never to adopt or threaten to adopt extra-judicial methods for eviction to pressure the tenant to vacate the accommodation.
• To refund security deposit to the outgoing tenant before closure of tenancy.

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 Schedule 4
[See Section 12 (4) of the Act]
Tenant's obligations under the Act
• To acknowledge at all times the title of the landlord over the accommodation, and to respect and honor
without demur his rights as set forth in Schedule-2.
• To use the accommodation only for the purpose for which it was leased out to him.
• Never to sub-let any portion of the accommodation, with or without monetary considerations, formally or
informally, with or without the permission of the landlord.
• To protect and safeguard the accommodation, and all electrical, sanitary and other fixtures forming part
of the accommodation.
• To attend to the minor, recurring replacements and repairs as may be necessary from time to time,
without expecting reimbursement from the landlord.
• To keep the accommodation in a clean and hygienic state, and not to cause air, water and/or noise
pollution in or around the accommodation, in a manner that hurts peaceful coexistence.
• To dispose of garbage in accordance with the system designed by the municipality, and in no case to
litter it outside the accommodation and/or on to the road or other public place.
• To pay the security deposit, rent and other dues fully and regularly in the manner settled with the landlord.
• To compensate the landlord for any damage caused to the accommodation, wilfully or otherwise,
except for natural aging and/or weathering.
• Never to become a social nuisance during currency of the tenancy.

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• Explanation. - 'Social nuisance' means doing or causing to be
done any or all of the following acts: drunken brawls, wife-
bashing, prostitution, habitual late-night noisy socializing and/or
otherwise creation of abnormal noise construed by the
neighbourhood as disturbance, spitting in common facilities like
staircase, storage of any hazardous stuff, storage of any stuff
with offensive odor that fouls up the surrounding, or that
abnormally invites pests, littering of garbage and/or letting
loose waste water, spoiling the environment by doing or
promoting defecation and/or any act that has a bad and
damaging social effect on the immediate neighbourhood.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 234
• [Link]
university/llb-law-honors/land-laws-study-material-4th-
sem-notes/14763487
• [Link]

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 235

 PART 3
RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.

MODULE 11: RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,

REHABILITATION AND RESETTLEMENT ACT, 2013.

Introduction, History.
Text Books:
Short title, extent and commencement. Book: Law of Land
Acquisition and
Definitions. Compensation.
Determination of Social impact and Public purpose Author: R. Chakraborty..
Special provision to safeguard food security Publisher: Orient
Publishing Company.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 236

• An Act to ensure, in consultation with institutions of local self-
government and Gram Sabhas established under the Constitution, a
humane, participative, informed and transparent process for land
acquisition for industrialisation, development of essential infrastructural
facilities and urbanisation with the least disturbance to the owners of
the land and other affected families and provide just and fair
compensation to the affected families whose land has been acquired
or proposed to be acquired or are affected by such acquisition and
make adequate provisions for such affected persons for their
rehabilitation and resettlement and for ensuring that the cumulative
outcome of compulsory acquisition should be that affected persons
become partners in development leading to an improvement in their
post acquisition social and economic status and for matters
connected therewith or incidental thereto

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 237

• Issues related to land have become the most contentious
and complex in recent times in India. The issues vary from
the age old debate on displacement vs development to
latest land acquisition, rehabilitation and resettlement. There
is an urgent need of land for the expanding urban areas,
but at the same time, there is also a need to conserve
agricultural land to feed the increasing population.
Protection of environment and biodiversity are the hot-
topics but at the same time there is an outcry on lack of
growth and development. The land issues are being revisited
with a new perspective with the impact of liberalization,
privatization and globalisation.

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• Land acquisition remains at the centre of many
controversies and public policy paralysis in India. There
are very few public policy issues in India that rival land
acquisition in terms of its complexity, challenges and
significance to country’s growth and transition to more
urbanised and industrialised status. Currently, the Union
Government is mounting series of efforts to clear
several hurdles with regard to the existing land law
which dates back to 1894.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 239

 Land Acquisition Act 1894
Till 2014, the land acquisition in India was governed by the colonial period’s Land acquisition
act of 1894. The Land Acquisition Act of 1894 allowed the government to acquire private
lands. Under the 1894 Act, displaced people were only liable for monetary compensation
linked with market value of the land in question, which was still quite minimal considering
circle rates are often misleading.
–  The title of the law itself conveyed that its primary purpose was to expedite the acquisition of land.
–  Once the acquiring authority has formed the intention to acquire a particular plot of land, it can
carry out the acquisition regardless of how the person whose land is sought to be acquired is affected.
–  There was no real appeal mechanism to stop the process of the acquisition. A hearing (under
section 5A) was prescribed but this was not a discussion or negotiation. The views expressed were not
required to be taken on board by the officer conducting the hearing.
–  There were absolutely no provisions in the 1894 law relating to the resettlement and rehabilitation of
those displaced by the acquisition.
–  Urgency clause: This was the most criticised section of the Law. The clause never truly defined what
constituted an urgent need and left it to the discretion of the acquiring authority. As a result almost all
acquisitions under the Act invoked the urgency clause.
–  Even where acquisition had been carried out the same had been challenged in litigations on the
grounds mentioned above. This resulted in the stalling of legitimate infrastructure projects.

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• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement act, 2013
–  The new act provided for land acquisition as well as rehabilitation and resettlement. It
replaced the Land Acquisition Act, 1894.
–  The process for land acquisition involves a Social Impact Assessment survey, preliminary
notification stating the intent for acquisition, a declaration of acquisition, and compensation to
be given by a certain time. All acquisitions require rehabilitation and resettlement to be
provided to the people affected by the acquisition.
–  Compensation for the owners of the acquired land shall be four times the market value in
case of rural areas and twice in case of urban areas.
–  The new law stipulates mandatory consent of at least 70 per cent for acquiring land for
public-privatepartnership (PPP) projects and 80 per cent for acquiring land for private
companies.
–  Purchase of large pieces of land by private companies will require provision of rehabilitation
and resettlement.
–  The provisions of this act shall not apply to acquisitions under 16 existing legislations including
the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989,
etc.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 241

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 242
• [Link]

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 243

• farmers and landowners be paid up to four times the market
value for land acquired in rural areas, and two times the market
value in urban areas.
• The other significant aspect of the act is that the consent of 80
per cent of land owners is needed for acquiring land for private
projects and of 70 per cent landowners for public-private
projects.
• Public purpose as per the Bill includes sectors like mining,
infrastructure, defence, manufacturing zones, ports, roads, and
railways built by the government and public sector enterprises.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 244

 Application of Act

acquires land including for

when the
This act for its own use, Public Sector for public
APPROPRIATE
applies hold and Undertakings purpose
GOVERNMENT
control, and

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 245

 • for strategic purposes relating to naval, military, air
force, and armed forces of the Union, including central
paramilitary forces or any work vital to national security
or defence of India or State police, safety of the
people

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 246

 for infrastructure projects
• agro-processing,
• supply of inputs to agriculture,
• warehousing,
• cold storage facilities, marketing
infrastructure for agriculture and allied
activities such as dairy, fisheries, and meat
processing,
• industrial corridors or mining activities,
manufacturing zones,
• water harvesting and water conservation
structures, sanitation
• educational and research schemes or
institutions;
• project for sports, health care, tourism,
transportation or space programme;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 247

• project for project
affected families;
• project for housing for
such income groups.
• improvement of village
sites.
• residential purposes to
the poor or landless or
to persons residing in
areas affected by
natural calamities

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 248

 IMPORTANT DEFINITIONS

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 249

 Affected Family
• includes—
– (i) a family whose land or other immovable property has been acquired;
– (ii) a family which does not own any land but a member or members of such family may be
agricultural labourers, tenants including any form of tenancy or holding of usufruct right, share-
croppers or artisans or who may be working in the affected area for three years prior to the
acquisition of the land, whose primary source of livelihood stand affected by the acquisition of
land;
– (iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest
rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007) due to acquisition of land;
– (iv) family whose primary source of livelihood for three years prior to the acquisition of the land
is dependent on forests or water bodies and includes gatherers of forest produce, hunters,
fisher folk and boatmen and such livelihood is affected due to acquisition of land;
– (v) a member of the family who has been assigned land by the State Government or the
Central Government under any of its schemes and such land is under acquisition;
– (vi) a family residing on any land in the urban areas for preceding three years or more prior to
the acquisition of the land or whose primary source of livelihood for three years prior to the
acquisition of the land is affected by the acquisition of such land;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 250

 Agricultural Land
land used for the purpose of—

horticulture;

seed
farming

breeding of raising of
livestock crops, trees, land used
grass or for the
poultry garden grazing of
farming, produce; cattle;
and

nursery
growing
agriculture medicinal
herbs;
dairy sericulture,
farming,

pisciculture,

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 251

 Appropriate Government
• (i) in relation to acquisition of land situated within the territory of, a State, the
State Government;
• (ii) in relation to acquisition of land situated within a Union territory (except
Puducherry), the Central Government;
• (iii) in relation to acquisition of land situated within the Union territory of
Puducherry, the Government of Union territory of Puducherry;
• (iv) in relation to acquisition of land for public purpose in more than one State,
the Central Government, in consultation with the concerned State
Governments or Union territories; and
• (v) in relation to the acquisition of land for the purpose of the Union as may be
specified by notification, the Central Government:
– Provided that in respect of a public purpose in a District for an area not exceeding such
as may be notified by the appropriate Government, the Collector of such District shall
be deemed to be the appropriate Government;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 252

 Cost Of Acquisition
• amount of compensation which includes solatium, any enhanced
compensation ordered by the Land Acquisition and Rehabilitation and
Resettlement Authority or the Court and interest payable thereon and any
other amount determined as payable to the affected families by such Authority
or Court
• demurrage to be paid for damages caused to the land and standing crops in
the process of acquisition;
• cost of acquisition of land and building for settlement of displaced or adversely
affected families;
• cost of development of infrastructure and amenities at the resettlement areas;
• cost of rehabilitation and resettlement as determined in accordance with the
provisions of this Act;
• cost of undertaking ‗Social impact Assessment study‘;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 253

• administrative cost,—
– (A) for acquisition of land, including both in the project site
and out of project area lands, not exceeding such
percentage of the cost of compensation as may be
specified by the appropriate Government;
– (B) for rehabilitation and resettlement of the owners of the
land and other affected families whose land has been
acquired or proposed to be acquired or other families
affected by such acquisition;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 254

 Family
FAMILY SEPARATE
FAMILIES
includes a
widows,
person,

his or her
divorcees and
spouse,

women
minor children, deserted by
families

An adult of
minor brothers either gender
and with or without
children

minor sisters
dependent on
him

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 255

 LAND OWNER
• (i) whose name is recorded as the owner of the land or building
or part thereof, in the records of the authority concerned; or
• (ii) any person who is granted forest rights under the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 (2 of 2007) or under any other law for
the time being in force; or
• (iii) who is entitled to be granted Patta rights on the land under
any law of the State including assigned lands; or
• (iv) any person who has been declared as such by an order of
the court or Authority;

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 256

 SOCIAL IMPACT ASSESSMENT
• Social impact assessment (SIA) is a methodology to review the social effects of
infrastructure projects and other development interventions. Although SIA is
usually applied to planned interventions.
• Social Impact Assessment includes the processes of analysing, monitoring and
managing the intended and unintended social consequences, both positive
and negative, of planned interventions (policies, programs, plans, projects) and
any social change processes invoked by those interventions.

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• A Social Impact Assessment is a process of research, planning and the
management of social change or consequences (positive and negative,
intended and unintended) arising from policies, plans, developments and
projects (UNEP, 2007).
• The social impacts of a project are the direct and indirect impacts that affect
people and their communities during all stages of the project lifecycle.

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• In preparing the SIA, the
project owner is required to
undertake community and
stakeholder engagement to;
– Understand who is likely to be
impacted and how
– Understand the affected
communities
– Identify and assess potential
social impacts
– Develop management
measures to mitigate adverse
impacts and enhance benefits
– Support monitoring and
reporting

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 259

 Significance of SIA
• The core focus of an SIA is on the important impacts of projects and
developments beyond the impacts on natural resources. Examples of
social impacts include:
– PEOPLE’S WAYS OF LIFE – that is, how they live, work, play and interact with
one another on day-to-day basis.
– THEIR CULTURES – that is their shared beliefs, customs, values and language or
dialect.
– THEIR COMMUNITY – its cohesion, stability, character, services and facilities.
– THEIR POLITICAL SYSTEMS – the extent to which people are able to
participate in decisions that affect their lives, the level of democratization
that is taking place, and the resources provided for this purpose.
– THEIR HEALTH AND WELL-BEING – health is a state of complete physical,
mental, social and spiritual well-being and not merely the absence of
disease or infirmity.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 260

• In India, SIAs were mandated in 2013 by The Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act.
• According to the 2013 land acquisition law, any major project is required to conduct an SIA
within six months of the project’s start date.
• By mandating SIA Government aims to decrease social unrest over uncompensated land
acquisition and to speed up the execution of development projects, and to ensure that
locals receive proper resettlement packages and those developers constructively engage
with local communities.
• We have many examples of projects where government conducted SIA. One of the
example is the recent Social Impact Assessment Study for Nuclear Power Projects in Andhra
Pradesh.
Environmental and Social
Impact Assessment Study of
200 MW Wind Farm at
Village Aspari, District-.
Kurnool in the State
of Andhra Pradesh.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 261

•SIA is predicting in advance, the social impacts (social/ cultural, economic, infrastructure and public
services, physical cultural resources and intangible cultural resources) likely to follow from a project proposal.

Outcome: Proposing suitable steps necessary to prevent/contain harmful potential impacts of proposed
projects.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 262

 What is Public Purpose?
• Public purpose includes the following:
–  Strategic use by the armed forces, paramilitary, state police for
national security
–  Infrastructure projects except private hospitals, private education
institutions and private hotels
–  Projects related to industrial corridors, mining, national investment and
manufacturing zone, sports, healthcare, tourism and space
programmes
–  housing projects for income groups specified by government
–  projects planned for development of village sites, residential areas for
lower income groups in urban areas
–  projects involving agro-processing, warehousing, cold storage,
marketing infrastructure, dairy, fisheries and meat processing
cooperatives

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 263

 Subject matter of SIA
• The subject matter of the SIA includes answering the following
questions.
–  Does the proposed acquisition really serve a public purpose?
–  How many families would be affected and how many of them will be
displaced?
–  What is the extent of the public and private land including the houses is
going to be affected?
–  Is the land proposed to be acquired is absolute bare minimum extent
needed for the proposed project?
–  If the acquisition at a different place was considered and found not
feasible.
–  What will be the nature and cost of addressing the social impacts over
there?
–  A simultaneously completed Environment Impact Assessment

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 264

• [Link]
batch/RFCTLAR&R/Santosh%20Kumar%20Jena,%2015th
%[Link]

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 265

• First stage: Social Impact Assessment (SIA) Study by
Government
– The process of land acquisition starts with the Preparation of
Social Impact Assessment Study. Whenever government intends
to acquire land for a public purpose, it shall consult the
concerned Gram Sabha, Panchayat, Municipality or Municipal
Corporation and then carry out a Social Impact Assessment
study in consultation with them
• After the SIA has been finished, the government would
prepare Social Impact Management Plan. This plan would
list all that would be needed to ameliorate the impacts
caused by the land acquisition.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 266

 Stage-2: Appraisal of SIA
• Once the SIA study is over and its report is ready, the
government will refer this report to an independent multi-
disciplinary Expert Group. This expert group has to be
constituted by the government.
• This expert group has representatives as follows:
–  Two non-official social scientists
–  Two representatives of the local self government i.e.
Panchayat, Gram Sabha, Municipality or Municipal Corporation
–  Two rehabilitation experts
–  One technical expert.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 267

 Stage 3: Notification and acquisition
• , the government would put in place a preliminary
notification in which it would publish the details of the
land acquired. This notification will be made accessible
in local area via various media.
• Once the notification is out, no person of the affected
area can sell any land or make any other land related
transactions.
• A draft Rehabilitation and Resettlement scheme is
prepared by the Commissioner of the Rehabilitation
and Resettlement.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 268
 Stage 4: Rehabilitation and Resettlement Awards

• After the land acquisition is over, the collector shall

pass Rehabilitation and Resettlement Awards for each
affected family.

This award will comprise:

•Amount payable to a family

•Bank account number of the person to whom the amount is tranferred
•Particulars of the house site and house to be alloted in case of
displacement
•Particulars of land allotted to the displaced families
•Particulars of one time subsistence allowance and transportation
allowance in case of displaced families
•Other such payments and allowances as per the act

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 269

 Rehabilitation and Resettlement
• First of all, the state government will appoint two officers viz.
– Administrator for Rehabilitation and Resettlement and
– Commissioner for Rehabilitation and Resettlement.

• The former is a senior rank to later. The Commissioner is

responsible for supervising the formulation of rehabilitation and
resettlement schemes or plans. Further, a Committee under the
chairmanship of the Collector to be called the Rehabilitation
and Resettlement Committee is also formed by the state
government. This committee reviews the implementation of
Rehabilitation and Resettlement scheme. This committee has
representatives of the affected families and nominees of local
MLA also.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 270
 Land Acquisition, Rehabilitation and Resettlement Authority

• The state government will establish a “One Person” Land Acquisition,

Rehabilitation and Resettlement Authority
• headed by its only one member called Presiding Officer.
• This Presiding Officer is to be appointed by the State Government.
• He must be either qualified to be a District Judge or must have seven
years law practice experience. The state government would consult
the Chief Justice of a High Court for such appointment.
• The authority has been vested with powers of a civil court. This
authority will have original jurisdiction to adjudicate upon matters
related to this law

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 271

 Computation of compensation
The computation of the compensation takes
into account the following:

Value of the assets attached to

Solatium: that is
Market value of the land: Building/Trees/Wells/Crop
100% of the
land etc as valued by relevant govt.
compensation
authority;

In summary, the package comprises four times the market price of rural land and up to twice the value of
urban land. The government also makes payments for relocation and resettlement of dislocated people.
The compensation would be Rs 5 lakh or a job, if available, to the affected family; subsistence allowance
of Rs 3,000 a month for one year; miscellaneous allowances of up to Rs 1.25 lakh for each family

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 272

 Determination of market value of land by Collector

Collector shall adopt the following criteria:

market value specified in the

average sale price for similar
Indian Stamp Act for the consented amount of
type of land situated in
registration of sale deeds or compensation
nearby area
agreements to sell.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 273

 Parameters to be considered by Collector in
determination of award.

For determining
the amount of
compensation

damage acquisition person

diminution of
sustained injuriously compelled to
market value the profits of
(standing crops affecting his change his
the land
and trees) other property residence

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 274

 Provision regarding acquisition of the multicropped
land
• The act says that no irrigated multi-cropped land can be
acquired except under exceptional circumstances.
• Moreover, if a multi-crop irrigated land is acquired then, an
equivalent area of culturable wasteland shall be developed for
agricultural purposes or an amount equivalent to the value of
the land acquired shall be deposited with the appropriate
Government for investment in agriculture for enhancing food-
security.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 275

 Provision regarding acquisition of SC and ST land

• The act says that as far as possible, no acquisition of land shall be made in the
Scheduled Areas;
• however, if such acquisition has to be done, it can be done only as a last resort.
• Prior consent of the Gram Sabha or the Panchayats or the autonomous District
Councils in Fifth Schedule areas will be taken in all cases of acquisition.
• In such areas, a Development Plan will be prepared and launched for
development of alternate fuel, fodder and, non-timber forest produce
resources on non-forest lands within a period of five years.
• In case of acquisition of the SC and ST land, minimum one-third of the
compensation amount due shall be paid to the affected families initially as first
instalment and the rest shall be paid after taking over of the possession of the
land.
• In case of resettlement, all benefits, including the reservation benefits available
to the Scheduled Tribes and the Scheduled Castes in the affected areas shall
continue in the resettlement area.

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 276

Special powers in case of urgency to acquire
land in certain cases.
• In cases of urgency the Collector on the expiration of thirty days
from the publication of the notice take possession of any land
needed for a public purpose and such land shall thereupon
vest absolutely in the Government.
• No possession to be taken unless at least forty-eight hours
notice is given.
• Such acquision shall be restricted to the minimum area required
for
– the defence of India or
– national security or
– for any emergencies arising out of natural calamities or
– any other emergency with the approval of Parliament

07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 277

 Rehabilitation and Resettlement Award
• (2) The Rehabilitation and Resettlement Award shall include all of the following,
namely:—
– (a) rehabilitation and resettlement amount payable to the family;
– (b) bank account number of the person to which the rehabilitation and resettlement award
amount is to be transferred;
– (c) particulars of house site and house to be allotted, in case of displaced families;
– (d) particulars of land allotted to the displaced families;
– (e) particulars of one time subsistence allowance and transportation allowance in case of
displaced families;
– (f) particulars of payment for cattle shed and petty shops;
– (g) particulars of one-time amount to artisans and small traders;
– (h) details of mandatory employment to be provided to the members of the affected
families;
– (i) particulars of any fishing rights that may be involved;
– (j) particulars of annuity and other entitlements to be provided;
– (k) particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be
provided.
07/02/2023 Ⓒ Deepak Kumar, HNLU Rpr 2023 278
 Bilaspur Dam Project in Rajasthan
(for supply of drinking water for Jaipur town),
• No socio economic cultural studies of the affected people were
conducted.
• No efforts were undertaken to estimate the loss due to submergence
as well as social costs of displacement.
• In the absence of socio economic survey and a plan for displacement
and resettlement, what followed was payment of compensation and
resettlement in a most haphazard manner.
• What actually took place was a free for all “jungle raj” in which
influential persons cornered crores of rupees illegally for even
non existent properties while the poor were cheated out of their
rightful compensation.

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 Rengali Irrigation Project in Orissa
• As part of R&R policy of the project, each displaced family was
allotted 6 acres of unirrigated land.
• Since major portion of the land allotted was barren and the
allottees of the land were not given any training on land
development, most of the land remained uncultivated and
affected people were left to find out their alternate economic
activities.
• The majority of them were thus forced to settle on daily ‘wage
earning’. The initial survey did not include skill possession as one
of the parameters.

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 Upper Krishna Project in Karnataka
• certain income generation activities including handloom
weaving, embroidery work and diamond cutting were
encouraged for some project affected families who were all
farmers and lost their farm land for the project.
• Though training was organized, the activity did not pick up due
to lack of interest among the affected people and finally these
activities were shelved.

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