LAND LAW

UNIT I

1. WHAT ARE THE POWERS AND DUTIES OF THE REVENUE OFFICERS UNDER THE BOMBAY LAND
REVENUE CODE?
EXPLAIN THE CONTRIBUTION OF STATE GOVERNMENT UNDER BOMBAY LAND REVENUE CODE AND
STATE IN DETAIL THE POWERS AND DUTIES OF THE COLLECTOR.
A. REVENUE OFFICERS:
 Land Revenue Code was passed in the year 1879. It was originally Bombay Land Revenue Code, 1879.
 All officers appointed under this Act are the revenue officers. They perform their powers and duties
under this Act. They include:
1. Chief Controlling Authority
2. Collector
3. Additional Collector
4. Deputy Collector
5. Assistant Collector
6. Mamlatdar
7. Additional Mamlatdars
8. Village Accountant
9. Survey Officers

1. Chief Controlling Authority

 Section 4: The Chief controlling authority in revenue matters shall vest in the State
Government. Therefore the State Government has control over all the revenue matters as
well as revenue problems relating to the lands.
 The State Government may, by notification in the Official Gazette, prescribe the territories in
the State which shall form a division and may by a like notification alter the limits of the
division so formed.
 Section 7: The districts consists of talukas and each talukas shall consist of Mahals and
villages by the order of the State Government.
 Section 7A: The State Government has the right to alter limits of or to amalgamate or
constitute villages.
2. Collector
 Collector of district is appointed by the State Government for every District.
 The collector has dual function.
a. He is the representative of the State Government at District level. He is head of the
revenue department.
b. He also administers the law and order in district as a District Magistrate.
 The collector has two types of duty – one a duty by law and the other duty by the State
Government.
 Powers:
a. He has to decide what register, account and other records shall be kept by the village
accountant under Section 17.

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 b. To declare all public roads, lanes, paths and the bridges and all land to be the property of
Government except the property which belongs to individual or persons capable of
holding.
c. He has the power to hold inquiry under section 37(2)
d. He has the power to assign land for special purpose under section 38 and regulate use of
Pasturage land (Section 39).
e. He can recover the value of trees unauthorized under Section 43.
f. He can assess land revenue and evict anyone in case one fails to pay land revenue.
g. He can take action against every village accountant of revenue officers who fail to give
receipt after accepting the payment of land revenue.
h. He can hold inquiry against person who has unauthorized holding land and penalize him.
i. The collector has the right to grant exemption from paying land revenue upto 2500 and
penalty and education cess upto Rs. 1000 in case of natural calamities.
j. He can impose curfew in the district where there is DSP and not in place of Commissioner
of Police exists.
k. He can examine records and proceedings of his subordinate revenue officers and pass the
necessary orders in respect of said records and proceedings.
3. Additional Collector
 Section 8A. (1) The State Government may appoint in each district so many Additional
Collectors as it may deem fit.
 The Additional Collector shall exercise such powers and discharge such duties as are
exercised or discharged by the Collector in the district or a part of district under this Act or
any other law for the time being in force as the State Government may direct.
 Additional Collector is not subordinate to the collector except in matters as the State
Government may by a general or special order specify in this behalf.
4. Assistant Collector and Deputy Collector
 The State Government may appoint to each district so many Assistant Collectors, and so
many Deputy Collectors as it may deem expedient.
 The Assistants shall be called “First”, “Second”, “Supernumerary”, etc. as may be expressed
in the order of their appointment.
 All such Assistant and Deputy Collectors and all other officers employed in the land revenue
administration of the district shall be subordinate to the Collector.
 10. Subject to the general orders of the State Government, a Collector may place any of his
assistants or deputies in charge of the revenue administration of one or more of the talukas
in his district, or may himself retain charge thereof.
 Any Assistant or Deputy Collector thus placed in charge shall, subject to the provisions of
Chapter XIII, perform all the duties and exercise all the powers conferred upon a Collector by
this Act or any other law at the time being in force, so far as regards the taluka or talukas in
his charge: Provided that the Collector, may whenever he may deem fit, direct any such
Assistant or Deputy not to perform certain duties or exercise certain powers, and may
reserve the same to himself or assign them to any other Assistant or, Deputy subordinate to
him.
 To such Assistant or Deputy Collector as it may not be possible or expedient to place in charge
of talukas, the Collector shall, under the general orders of the State Government, assign such
particular duties and powers as he may from time to time see fit.
 Section 11: If the Collector is disabled from performing his duties or for any reason vacates
his office or leaves his district, or dies, his Assistant of highest rank present in the district

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 shall, unless other provision has been made by State Government, succeed temporarily to
his office, and shall be held to be the Collector under this Act until the Collector resumes
charge of his district or until the State Government, appoints a successor to the former
Collector and such successor takes charge of his appointment.
 An officer whose principal office is different from that of an Assistant Collector, and who is
an Assistant Collector for special purposes only, shall not be deemed to be an Assistant for
the purposes of this section.
5. Mamlatdar
 Section 12: Mamlatdar is the chief officer entrusted with the local revenue administration of
a taluka. Mamlatdar appointed by the State Government.
 His duties and powers shall be such as may be expressly imposed or conferred upon him by
this Act or by any other law for the time being in force, or as may be imposed upon, or
delegated to him by the Collector under the general or special orders of the State
Government.
6. Additional Mamlatdars
 Section 12A: (1) The State Government may appoint so many Additional Mamlatdars, as it
may deem fit.
 An Additional Mamlatdar shall exercise such powers and discharge such duties in a taluka or
part of a taluka under this Act or any other law for the time being in force, as the State
Government may direct.
 (2) An Additional Mamlatdar shall not be subordinate to the Mamlatdar in the taluka except
in such matters as the State Government may by a general or special order specify in this
behalf.
 Section 13: Whenever it may appear necessary to the State Government, the State
Government, may appoint to a taluka one or more Mahalkaris and, subject to the orders of
the State Government, the Collector may assign to a Mahalkari within his local limits such of
the duties and powers of a Mamlatdar as he may from time to time see fit, and may also
from time to time direct whether the Mahalkari’s immediate superior shall, for the purposes
of section 203 be deemed to be the Mamlatdar or the Assistant or Deputy Collector, or the
Collector in charge of the taluka.
7. Village Accountant
 The village accountant keeps all the registers, account and other records in respect to land.
 He has to keep the account of land revenue and collect the land revenue from the land holder
and pass a valid receipt.
 He has to maintain the record of right.
 In case land is mutated then the village accountant shall service notice to interested persons.
The objection to be submitted against mutation in record of right within 30 days.
 He shall then submit the record before the Mamlatdar or revenue officer not lower than that
of a Mamlatdars first Karkun.
8. Survey Officers
 Section 17: The State Government appoint Survey officers have the power in mattes of
survey and settlement and exercise such powers and perform all such duties as may be
prescribed by this or any other law for the time being in force.

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2. EXPLAIN ALL PUBLIC ROADS, ETC. AND ALL LANDS WHICH ARE NOT THE PROPERTY OF OTHERS
BELONGS TO GOVERNMENT.
A. Section 37: All public roads, etc. and all lands which are not the property of others belongs to the
Government.
 All public roads, lane, path, etc. which are not the property of others belongs to the State, except a
property that belongs to an individual or belongs to other person legally capable of holding property
and rights in such property which are established or rights provided by law.
 If any property or any right in or over property is claimed by the government of any person against
the government the collector shall hold formal inquiry and decide the same.
 The collection has the power to dispose them in such a manner as he deems fit or under general
rules sanctioned by the Government.
 Before any inquiry, a notice will be issued to interested persons and given a chance to hear the
person.
 Appeal lies within one year from the date of order passed by the collector.
 If a civil suit is instituted after one year from the date order passed either by collector or final
appellant authority, though in the said suit prayer for set aside such order or any prayer which is
inconsistence with such order is prayed, the said suit shall be dismissed.
 A person who claims right has to prove his case either by documentary evidence but if the person is
in possession that such possession should be since 60 years continuously i.e. the owner by adverse
possession and such possession must be with him since 60 years continuously.
 The power to dispose of the Government land which is vested in the collector is a statutory power
and these powers prescribed by the State Government.
 The right of public over property of Government such as road, path, etc. is a preservative right in
such property.

3. WRITE SHORT NOTES ON EXTINCTION OF RIGHT OF PUBLIC AND INDIVIDUALS IN OR OVER ANY PUBLIC
ROAD, PATH NOR REQUIRED FOR USE OF PUBLIC ROADS.WHAT IS LAND UNDER THE BOMBAY LAND
REVENUE CODE AND WHY ALL LANDS AND PUBLIC ROADS, PATHS, LANES, ETC. BELONGS TO STATE
GOVERNMENT? WHAT IS EXTINCTION AND HOW EXTINCTION CAN BE DECLARED UNDER THE
BOMBAY LAND REVENUE CODE?
A. LAND.
 “Land” includes benefits to arise out of land, and things attached to the earth, or permanently
fastened to anything attached to the earth, and also shares in or charges on, the revenue or rent of
villages, or other defined portion of territory.
Therefore, Land includes benefits to arise out of land and things attached to the earth or
permanently fastened to anything attached to the earth. It contains Land, Benefits arising out of the
land, things attached to the land.

SECTION 37A: EXTINCTION OF RIGHT OF PUBLIC AND INDIVIDUALS IN OR OVER ANY PUBLIC ROAD,
PATH NOR REQUIRED FOR USE OF PUBLIC ROADS.
 Extinction means abolition.
 37A. (1) Whenever it appears to the State Government that any public road, lane or path which is
the property of the State Government or part thereof, is not required for the use of the public the
State Government, may, by a notification published in the Official Gazette, make declaration to such
effect stating in such declaration that it is proposed that the rights of the public as well as of all
individuals in or over any such road, lane or path, or part thereof, as the case may be, shall be
extinguished.

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  In case the Government want to extinct the right of public and individuals in or over any public road,
etc., then it shall give public notice or declaration through public notification.
 Notification in official gazette is required to be published for extinction of rights of public or
individuals in or over any road, lane, path, etc.
 On publication of such notice Objections against extinction of rights of public over road, lane, path
etc. shall be preferred within 90 days after the issue of the notification given to collector in writing
with the amount of compensation. The collector may allow any person to make such objection after
90 days after issue of notification if he satisfies that such person has sufficient cause for not making
it within 90 days.
 After the publication of notification and public notice, the interested person or individual who has
any right as well as right to use the public road, etc. shall have to submit their objection in writing
with the amount of claim of compensation to the collector.
 The collector shall give every person who has made a statement to him under sub-section (2) an
opportunity to be heard either in person or pleader and only after that determine the amount of
compensation, if any, which according to him must be given in any case in respect of any substantial
loss or damage.
 The decision of the collector regarding the amount of compensation and the person to whom it is to
be payable shall be final subject to any modification made by the State Government and payment
shall be made by the collector to such person accordingly.

4. WRITE SHORT NOTES ON LAND ASSIGNED FOR SPECIAL PURPOSE.

WRITE SHORT NOTES ON REGULATION OF PASTURAGE LAND.
A. LAND ASSIGNED FOR SPECIAL PURPOSE
 Section 38: Lands may be assigned for special purpose such as free pasturage, grave yard, etc. It shall
be sued for that purpose on.
 It cannot be used otherwise without sanction of the Collector.
 The land can be assigned for specific purpose like free pasturage for village cattle’s, municipal
purpose or other public purpose e.g. grave yard. It shall be used for that purpose only.
 If used for any other purpose than what it was allotted for then the permission of the Collector has
to be got. The decision of the Collector will be final.

REGULATION OF PASTURAGE LAND

 Section 39: Regulation of Pasturage Land.
 Land assigned for grazing to the cattle’s of the village or villages is known as ‘pasturage land’.
 Pasturage land assigned for cattle will be used for the cattle of that village or villages as assigned.
 The Collector is empowered to give such land for free pasturage subject to the sanction of State
Government.
 There are three problems as related to Pasturage land
1. Person from another village challenge their right for grazing their cattle in the village.
2. Person doing the business of cattle challenge their right for grazing their cattle in the village.
3. An owner of cattle does not possess agricultural land in village.
Persons who move from village to village with their animals for their livelihood and who are not
residents of village have no right of grazing on free pasturage.
 The cattle include cows, buffalo’s, bullock, horse, sheep, goats, etc.
 The area fixed for free grazing is 40 acres for 100 cattle’s and if there are more than 100 cattle’s than
it shall be fixed as per number of cattle’s increased.

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5. WRITE SHORT NOTES ON RECOVERING VALUE OF NATURAL PRODUCTS UNAUTHORIZED REMOVED
FROM CERTAIN LANDS.
A. NATURAL PRODUCTS
 Section 39A: Natural product means naturally grown without the efforts of any person such as sand,
stone, rubble, soil, marble, granite, etc.
 These natural products belong to the Government.
 Any person who shall unauthorized remove any natural product from any land or Government land
which is set apart for special purpose shall be liable to the Government for the value of the said
product and it shall be recoverable from him as arrears of land revenue.
 The collector shall hold inquiry for recovering value of said natural product against any person who
has removed the said natural product and decide the value of said natural product which shall be
recoverable from the said person as an arrear of land revenue. The inquiry shall be formal inquiry.
 If soil is removed from the river bed then first get permission and then pay royalty.
 Any appeal against the decision of the collector shall lie with the Revenue Tribunal.

6. WRITE SHORT NOTES ON TREES AND FORESTS VESTING IN GOVERNMENT AND ROAD SIDE TREES.
WRITE SHORT NOTE ON RECOVERY OF VALUE OF TREES, ETC. UNAUTHORIZED APPROPRIATED.
A. TREES AND FORESTS
 Section 41: All trees and forests vest with the State Government, except in so far as it is not belonging
to persons or individuals capable of holding property. The government can preserve or dispose of in
such a manner as the Government may direct from time to time.
 In case of trees, teak, black-wood and sandal wood trees are reserved by the Government.
 If in any villages or portions of village if the survey settlement shall be completed after the passing
of this Act, then the right to such trees will be with the occupant.
 If in any villages when permission to occupy land has been, or be granted after the completion of the
survey settlement of the village or portion of village then the trees on that land will be considered as
concession of the right of the Government to the occupant.
 Section 42: Road Side Trees
 Road side trees planted by or under the orders of Government, or at the expense of the local fund
Government vest with the Government.
 If such trees are dying or being blown down, or being cut down by order of the Collector, the timber
shall become the property of the holder of the land in which they were growing.
 Therefore, all trees planted on road side by the government are the property of the Government but
the holder of the land of adjoining the road has planted the trees, the trees shall be in the ownership
of holder of land and in case they are dying or blown of then he has right over the timber of the trees.
 If trees are cut without authority then the person shall be liable to penalty and criminal proceedings.
 Section 44: Villagers or certain classes of people have the privilege to cut fire-wood or timber for
domestic or other use from trees of the Government. The collector shall decide the matter.

7. WRITE SHORT NOTES ON LAND REVENUE IS THE PARAMOUNT CHARGE OF GOVERNMENT.

A. REVENUE
 All land liable to pay revenue unless specially exempted.
 Revenue is the paramount charge of Government.
 The Act was enacted on two main principles.
a. The Government is the owner of all the lands.
b. Government can recover revenue of all lands.

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  The words revenue year means the period from, and exclusive of, the thirty-first July of one calendar
year until and inclusive of, the thirty-first July in the next calendar year.
 Section 45: A small holder shall not be liable to pay land revenue in respect of agricultural land.
 Mamlatdar keep record of small holders not liable to pay revenue.
 The revenue collected shall be used for administration of State and to maintain armed forces.
 Land revenue is share of Government in profit and not cess.
 Section 56: Land revenue is the paramount or highest in rank charge on land.
 Land revenue is all sums and payment in money or kind, received or claimable by or on behalf of
Government from any person on account of any land held by or vest in him.
 Arrears of land revenue on account of land by any landholder shall be a paramount amount charge
on the holding and part thereof, failure in payment of which shall make the occupancy or alienated
holding together with trees, crops, buildings and things attached to the land liable to be forfeited
and collector may levy all sums in arrears by sale of the occupancy or alienated holding under the
rules of the Government.
 All other charges other than land revenue mean decreetal amount, amount of any charges created
over such land, charge of any band/banks or any individual or any other debt over the land other
than the land revenue.

8. WRITE SHORT NOTES ON MANNER OF ASSESSMENT AND ALTERATION OF ASSESSMENT.

A. ASSESSMENT AND ALTERATION OF LAND REVENUE
 Section 48: The land revenue shall be assessed as per use of land –
a. For the purpose of agriculture
b. For the purpose of residence
c. For the purpose of industry
d. For the purpose of commerce
e. For any other purpose.
 Land revenue for land is assessed by Collector in according with the rules of the Government.
 Before assessing the land revenue the use of the land is required to be considered. Naturally, the
Land Revenue for industry and commerce will be higher than the Land used for agriculture or
residence.
 The power to assess the land revenue and alter it from time to time is with the Collector.
 The period for assessment shall not exceed 99 years.
 The amount of assessment shall be payable by the person who is primarily responsible.
 When the land is originally used for agriculture then the revenue will be levied for agricultural use,
but if later it is converted into non-agricultural then the Land Revenue will be assessed for non-
agricultural use.
 If the use of the land is permitted to be used for other purpose under section 65 and 65/A or used
without permission then assessment in respect of such land is leviable as per use of land.
 Section 50: Superior holder may recover commuted assessment from inferior holder.
 Section 52: Assessment of land revenue is fixed by the Collector at his discretion for such period not
exceeding 99 years. After 99 years the Collector can from time to time revise the same in accordance
with the rules made in this behalf by the State Government.

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9. WRITE SHORT NOTES ON DEFAULT AND FORFEITURE.
A. FORFEITURE
 Section 57: Defaulter means a person from whom an arrear of land revenue is due. It also includes
that a person who is responsible as surety for the revenue of any such arrear of sum.
 Since Land Revenue is the paramount charge, therefore it is with the land and the person who is
holder of land is responsible for the same, in spite of the fact that amount of past arrears of land
revenue.
 When a person makes a default in payment of Land Revenue the Collector shall issue notice of 15
days to holder of land for paying land revenue and if not paid then the Collector shall pass an order
to vest the land in Government.
 The collector in the event of forfeiture shall take immediate possession of such holding and dispose
of such holding by giving possession to the purchaser or any other person who is entitled to hold it
according to the provision of the Act or any other Act without the Aid of civil court or without
obtaining any order from civil court.

UNIT II

10. WRITE SHORT NOTES ON UNAUTHORIZED OCCUPATION OF LAND.

A. UNAUTHORIZED OCCUPATION OF LAND
 Section 60: Any person desirous of taking up unoccupied land which has not been alienated must,
previously to entering upon occupation obtain the permission in writing of the Mamlatdar or
Mahalkari.
The permission has to be in writing.
 Section 61: This provision says that any person who shall unauthorizedly enter upon occupation of
any land set apart for any special purpose, or any unoccupied land which has not been alienated, and
any person who uses or occupies any such land to the use or occupation of which by reason of any
of the provisions of this Act he is not entitled or has ceased to be entitled shall, If the land which he
unauthorizedly occupies forms part of an assessed survey number, pay the assessment of the entire
number for the whole period of his unauthorized occupation,
 And if the land so occupied by him has not been assessed, such amount of assessment as would be
leviable for the said period in the same village on the same extent of similar land used for the same
purpose; and shall also be liable, at the discretion of the Collector, to a fine not exceeding one per
cent of the prevalent annual statement of rate (Jantri) as may be notified by the state Government
from time to time if he has taken up the land for purposes of cultivation, and not exceeding such
limit as may be fixed in rules made in this behalf under section 214, if he has used it for any non-
agricultural purpose.
 The Collector’s decision as to the amount of assessment payable for the land unauthorizedly
occupied shall be conclusive, and in determining its amount occupation for a portion of year shall be
counted as for a whole year.
 The person unauthorizedly occupying any such land may be summarily evicted by the collector, and
any crop raised in the land shall be liable to forfeiture, and any building, or other construction,
erected thereon shall also, if not removed by him after such written notice as the Collector may deem
reasonable, be liable to forfeiture, or to summary removal. Forfeitures under this section shall be
adjudged by the Collector, and any property so forfeited shall be disposed of as the Collector may
direct and the cost of the removal of any encroachment under this section shall be recoverable as an
arrear of land revenue.

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  Section 62: The Unoccupied land can be granted on condition: It shall be lawful for the Collector
subject to such rules as may from time to time be made by the State Government in this behalf, to
require the payment of a price for unalienated land or to sell the same by auction and to annex such
conditions to the grant as he may deem fit, before permission to occupy is given under section 60.
The price (if any) paid for such land shall include the price of the Government right to all trees not
specially reserved under the provisions of section 40 and shall be recoverable as an arrear of land
revenue.

11. DISCUSS THE PROVISIONS IN RESPECT OF CONVERTING AGRICULTURAL LAND INTO NON-
AGRICULTURAL PURPOSE
DISCUSS THE PROVISION REGARDING PROCEDURE TO ANOTHER NON-AGRICULTURAL PURPOSE
WITHOUT PERMISSION UNDER THE BOMBAY LAND REVENUE CODE.
PROCEDURE IF OCCUPANT WISHES TO APPLY HIS LAND TO ANY OTHER PURPOSE
A. PROCEDURE FOR CHANGE OF PURPOSE.
 Section 65: A holder of agricultural land is entitled to use such land for the purpose of agriculture
and for implementation of the agricultural activities for better cultivation he can construct a
farmhouse for storing agricultural products, well.
 No permission is required to build farm house and well on agricultural land.
 The permission to convert agricultural land to non-agriculture is granted by the collector.
 Prior permission has to be taken from the collector to use it for any other purpose.
 The collector shall within seven days from the receipt of application for NA acknowledge the same
and within three months from the date of acknowledgement either grant or refuse the permission.
 When a collector fails to inform the applicant of his decision on the application to use land for other
purpose with a period of three months the permission applied for shall be deemed to have been
granted.
 The collector after receipt of application shall hold inquiry and such inquiry shall be administrative in
nature which means inquiry in respect of land for which order of NA permission to be passed is meant
for any other purpose or not and to get NOC if any nearby government establishment would be
affected or not such as airport, high tension lines, etc.
 The applicant for NA has to make a written application and has to attach the following documents:
a. Copies of village form no. 7/12 since 1951-52
b. Copies of village form no. 6.
c. Copies of village form no. 8A.
d. Plans for construction approved by local authority.
e. Other information upon which the applicant relies.
 The collector after holding inquiry if grant such permission must specify certain conditions which
shall be observed by the occupant such as construction shall be carried out from stipulated time and
completed within stipulated time limit, such conditions shall be directory in nature and not
mandatory.
 The permission of the Collector shall not be necessary under section 65 in the following cases:
a. Where occupancy has his holding in an area comprising a gram i.e. occupant holds land in a gram
and area is not within an urban agglomeration and within a radius of five kilometers from the
limit of municipal borough or notified area or industrial area.
b. Such holder who wishes to use his holding or part thereof only for residential purpose.
 While granting permission for NA, the collector shall also consider the tenure of land i.e. whether
land it old tenure or new

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 The Collector can also change tenure of land from new to old with payment of premium only after
that the collector shall grant NA permission.

PROCEDURE FOR CHANGE OF PURPOSE – ONE NON-AGRICULTURAL TO ANOTHER NON-

AGRICULTURAL PURPOSE.
 Section 65A: Where the occupant of any land assessed or held for any non-agricultural purpose
wishes to use such land or part thereof for any other non-agricultural purpose or for other different
non-agricultural purposes, the Collector’s permission shall in the first place be applied for by him and
the provisions of section 65 shall, so far as may be, apply to such application.
 He has to apply to the collector for the change in writing.

PROCEDURE FOR CHANGE OF PURPOSE – USE OF LAND FOR BONAFIDE INDUSTRIAL PURPOSE.
 Bonafide industrial purpose means an activity of manufacture, preservation or processing of goods,
(other than hazardous and toxic chemicals specified in Part II of the Schedule I to the Manufacture,
Storages and Import of Hazardous Chemicals Rules, 1989 made under Environment (Protection) Act,
1986.
 A person can use land for bonafide industrial purpose other than that of manufacture or storage of
any chemical or petrochemical without permission if
a. The occupant has clear title to such land,
b. Such land is not shown as reserved for a public purpose in draft or final development plan,
c. Is not notified for acquisition under the Land Acquisition Act, 1894 or any other law for the time
being in force,
d. does not fall within the alignment of any road plan prepared by the State Government or the
command area of any irrigation project,
e. Is not situated within thirty metres from the boundary of any land held for the purpose of railway
by the Central Government or the Indian Railway Company Ltd., or
f. Is not situated within fifteen metres of the high voltage transmission line;
g. Does not fall with the alignment of any road plan prepared by the State Government,
h. Is not situated within five kilometers of the periphery of the area within the jurisdiction of any
Area Development Authority or Urban Development Authority constituted under the Gujarat
Town Planning and Urban Development Act, 1976.
 Any person using the land for the purpose of manufacture or storage of any chemical or
petrochemical – lawful for such bonafide industrial purpose without permission of the Collector
provided: Two kilometers from the boundary of:
a. Ancient monument under Ancient Monuments Preservation Act, 1904 (7 of 1904).
b. Ancient and historical monument under section 4 of Gujarat Ancient Monuments and
Archeological Sites and Remains Act 1965 (Guj. 25 of 1965).
c. A forest land or waste land under Section 3 Indian Forests Act, 1927.
d. A forest land or waste land under Section 29 Indian Forests Act, 1927.
e. An area declared as sanctuary under Section 18 of Wild Life (Protection) Act, 1972.
f. An area declared as ‘national park’ under sub-section 35 of eth Wild Life (Protection) Act, 1972.
 When occupant commences the use of the land for a bonafide industrial purpose under sub-section
(1) he shall within thirty days from the date of the commencement of the use of land for a bonafide
industrial purpose, send a notice of the date of commencement of such use.
 If the occupant fails to send the notice and other particulars under clause 2(b) within the specified
period then he shall be liable to pay, in addition to the non-agricultural assessment leviable under
this Act, such fine not exceeding 10,000 as the Collector may, subject to rules under this Act direct.

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  Penalty for use of land for any purpose without permission under section 65: If any land is used for
NA purpose without the permission under section 65 or before expiry of 3 months referred under
section 65 shall be penalized and occupant or any tenant shall be liable to be summarily evicted from
the land by the Collector.
The following orders may be passed under section 66 of BLR Code:
a. Impose penalty under Rule 100 and 101 of BLR Rules.
b. Impose penalty under Rule 102 of BLR Rules.
c. Evict holder of land from land.
d. Demolish unauthorized construction from land.
 Government can initiate proceeding under section 66 in the following cases:
a. If holder of land started using land for non-agricultural purpose without permission under
section 65.
b. If holder of land has applied for permission under section 65 and during pendency of such
application and before completion of three months as laid down in section 65 holder started
using land into non-agricultural purpose.
c. If holder, after permission, started using the land for another agricultural purpose.
 The Collector may grant permission under section 67 subject to a condition that 10% of the land to
be reserved for public purpose.

12. DISCUSS THE PROVISIONS AS REGARDS RESERVATION OF RIGHT OF GOVERNMENT TO MINES AND
MINERAL PRODUCTS.
A. RIGHT OF GOVERNMENT TO MINES AND MINERAL PRODUCTS
 Section 69: The rights of mines and minerals are vested with the State Government.
 Section 69A: Vesting of rights to mines and mineral products in the State Government:
Notwithstanding anything contained in any custom, usage, grant, sanad or order or agreement or
any law for the time being in force, or in any judgment, decree or order of a court or of other
authority, with effect on and from the 1st May, 1960 all mines whether being worked or not and
minerals whether discovered or not and all quarries which are situate within the limits of any land,
granted or recognized under any contract, grant or law for the time being in force or decree of a
court, shall vest in and with all rights over the same or appurtenant there to be the property of the
State Government, and the State Government shall, subject to the provisions of the Mines and
Minerals (Regulation and Development) Act, 1957 have all powers necessary for the proper
enjoyment and disposal of such rights.
 (2) The rights of the Government to mines and mineral products in land reserved under section 69
or the rights of the Government to mines, minerals and quarries vested under sub-section (1)
includes the right of access to land for the purpose of prospecting and working mines and the right
to occupy such other lands as may be necessary for purposes of erection of offices, workmen’s
dwellings and machinery, the stacking of minerals and deposit of refuse, the construction of roads,
railways, or tram-lines and any other purposes which the State Government may declare to be
subsidiary to prospecting and working mines.
 (3) If the State Government assigns to any person, its rights over any mines, minerals, quarries or
mineral products and if for the proper enjoyment of such right, it is necessary that all or any of the
powers specified in sub-sections (1) and (2) be exercised, the Collector may, by an order in
writing subject to such conditions and reservations as he may specify, delegate such powers to the
person to whom the right is assigned.
 (4) Any occupant, whose rights to mines, minerals or quarries in any land, existing immediately
before the 1st May, 1960 have vested in the State Government on that date under sub-section (1),

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 shall be entitled to compensation of an amount equivalent to the average of the net annual income
received by the occupant in respect of the mines and mineral products during the three years
immediately preceding the date of vesting.
 (5)
a. Any occupant entitled to compensation under sub-section (4) may apply to the Collector for such
compensation in the form prescribed in this behalf by the State Government.
b. Such application shall be made within twelve months from the date of the commencement of the
Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance,
1981 or such further period as may be prescribed by the State Government.
c. The Collector, shall, after making such inquiry (including giving the applicant an opportunity of
being heard) as he thinks necessary, determine the amount of compensation and the provisions
of sections 9, 10, 11, 12, 13, 14, and 15 of the Land Acquisition Act, 1894 shall, so far as may be
apply to the proceedings held by the Collector in this behalf.
d. The decision of the Collector determining the amount of compensation shall, subject to decision
in an appeal to the Gujarat Revenue Tribunal be final, and payment shall be made by the Collector
accordingly
 (6) The amount of compensation payable under this section shall be paid in cash with interest at the
rate of 4 1/2 per cent. for the period commencing on and from the date of commencement of the
Bombay Land Revenue Code and Land Tenure Abolition Laws (Gujarat Amendment) Ordinance,
1981 and ending on the date of payment.

UNIT III

13. DISCUSS FULLY PROVISIONS OF TRANSFER OF OCCUPANCY BY TRIBAL TO TRIBAL AND NON-TRIBAL
UNDER THE BOMBAY LAND REVENUE CODE.
A. TRANSFER OF OCCUPANCY BY TRIBAL TO TRIBAL, TRIBAL TO NON-TRIBAL
 Section 73: Occupancy is both transferable and heritable
 Section 73A: The transfer has to be done with the prior permission of Collector.
 Section 73 AA: Land of tribals cannot be transferred to another tribal or non-tribal without
permission or previous sanction of the Collector.
 Where tribal transfers the possession of his occupancy to another tribal in contravention of sub-
section (1), the tribal transferor or his successor in interest may, within two years of such transfer,
apply to the collector that the possession of such occupancy may be restored to him and there upon
the Collector shall, after issuing a notice to the transferee or his successor in interest, as the case
may be, in the prescribed form to show cause why he should not be disentitled to retain possession
of the occupancy and after holding such inquiry as he deems fit, declare that the transferee or his
successor in interest shall not be entitled to retain possession of the occupancy and that the
occupancy shall be restored to the tribal transferor or his successor in interest, as the case may be,
on the same terms and conditions on which the transferor held it immediately before the transfer
and subject to his acceptance of the liability for payment of arrears of land revenue in respect of such
occupancy in accordance with the rules made by the State Government and that the transferee or
his successor in interest as the case may be, shall be deemed to be unauthorizedly occupying the
occupancy: Provided that such declaration shall stand revoked if the tribal transferor, or, as the case
may be, his successor in interest fails or refuses in writing to accept the restoration of the possession
of such occupancy within the prescribed period.
 (b) Where — (i) a tribal in contravention of sub-section (1) of section 73A or of any other law for the
time being in force has transferred his occupancy to another tribal at any time during the period

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 commencing on the 4th April, 1961 and ending on the day immediately before the date of
commencement of the Bombay Land Revenue (Gujarat Second Amendment) Act, 1980, and (ii) the
tribal transferee or his successor in interest has not been evicted from such occupancy under section
79A, the transfer of occupancy shall be valid, as if it were made with the previous sanction of the
Collector under section 73A.
 If land of tribal is transferred to another person not a tribal (non-tribal) then the Collector either Suo
Moto at any time or the person apply within three years from the date of transfer. The Collector shall
take action under section 79A and 202. The party (tribal transferor) must respond to the notice given
by Collector within 90 days if he is ready to cultivate and purchase the occupancy. If he fails to do so
then the land will be granted to any other tribal residing in the same village or in any other nearby
village on payment of the necessary amount. If land is transferred to non-tribal in contravention of
sub-section (1) such non-tribal will be liable to pay the State Government a penalty not exceeding
three times the value of the occupancy.
 Section 73 AB payment of premium for sanctioning transfer or partition of occupancy. It shall be
lawful for an occupant to mortgage or create a charge on his interest, in his occupancy in favour of
the State Government in consideration of a loan advanced to him by the State Government but it
has to be with the sanction of Collector. Bank shall mean SBI, any subsidiary bank of the SBI, any
corresponding bank under clause (d) of section 2 of Banking Companies (Acquisition and transfer of
Undertaking) Act, 1970. The event of his making a default in payment of such loan in accordance
with the terms on which such loan was granted, it shall be lawful for the government, bank of
cooperative society, as the case may be, to cause his interest in the occupancy to be attached and
sold and the proceeds to be applied in payment of such loan: provided that if such occupancy is a
tribal his interest in the occupancy shall not be sold to a non-tribal without the previous sanction of
the Collector.
 Section 73AC: No civil court shall have jurisdiction to settle, decide or deal with any question which
is by or under section 73A or 73 AA or 73AB. It shall be done by the Collector. No order of the
Collector made under section 73A or 73 AA or 73AB shall be called into question in any civil or
criminal court. A civil court here also includes Mamlatdars court.
 Section 73AD says that any document of transfer of tribal land to non-tribal is executed and lodged
for registration then the transferor has to furnish a declaration in writing in prescribed form that
transfer of occupancy is made with previous sanction of the Collector and such declaration shall be
verified by the registering officer, but in case of document of mortgage or creation of charge in favour
of financial institution i.e. Bank, etc., in such declaration is not required and registering officer shall
register such mortgage or charge.
 No document relating to transfer of a tribal land shall be registered unless previous sanction of the
Collector is got.
 Section 79A gives the power to the Collector to summarily evict an unauthorized person occupying
land.

14. WRITE SHORT NOTE ON RECORD OF RIGHTS.

WHAT IS RECORD OF RIGHT? DISCUSS THE PROVISIONS OF RECORD OF RIGHT UNDER THE BOMBAY
LAND REVENUE CODE.
A. RECORD OF RIGHTS
 Section 135B: Record of Rights
 The record of rights is also said as property register. The aim to introduce record of rights to maintain
the record of all the rights and liabilities in respect to land of village and this register or record of
rights shall be kept by the village accountant of every village and by Mamlatdar office.

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  The record of rights are: 7/12. 8A, 6. They give all the information of the land.
 A record of rights shall be maintained in format, either manually or electronically or in both formats,
as may be prescribed for the village or City Survey Area and shall include the following particulars:
a. the names of all persons other than tenants who are holders, occupants, owners or mortgagees
of the land or assignees of rent thereof;
b. the nature and extent of the respective interests of such persons and the conditions or liabilities
if any, attaching thereto;
c. the rent of revenue, if any, payable by such person;
d. Such other particulars as may be prescribed in this behalf.
(2) The said particulars shall be entered in the record of rights with respect to perpetual tenancies,
and also with respect to tenancies of any other classes to which the State Government may, by
notification in the Official Gazette, direct that the provisions of this section shall apply in any local
area or generally.
 These particulars shall be entered in records of rights by mutation entries including tenancies or any
other classes. These records of rights suggest the right, interest in respect of land/property but in
1997 (2) GLR on page no 1041 Gujarat HC has held that the entries in the records of rights only to
enable the Government to collect revenues from the persons in possession or enjoyment of the
property and that right title and interest as to the property should be established.
 Entries are only one of the modes of proof of enjoyment of the property and do not create any title
or interest in property.
 No 6 form is called as Mutation diary which shall suggest chronological incident in respect of land by
way of entries. There are four columns in village form no. 6. They are:
1. Column 1: It shows serial number which is said as entry number.
2. Column 2: It shows descriptions of incidents, rights, etc., occurred in respect of land and also
description of change of incidents, rights, etc., and whatever rights acquired in respect of land
shall be noted in this column.
3. Column 3: It shows the number of land.
4. Column 4: It shows whether the entry as mentioned in column no. 1 is certified or not and the
order in that respect with the signature of certifying authority.
 The village form no. 7/12 is an index which suggest name of occupant, tenant, crop, method of
cultivation, etc., and number of certified mutated entries.
 The disputed register and when any dispute arises, the village accountant shall note down the nature
of dispute in disputed register and said dispute shall be decided by the Mamlatdar or circle officer.

15. WRITE SHORT NOTES ON ACQUISITION OF RIGHTS TO BE REPORTED

A. ACQUISITION OF RIGHTS TO BE REPORTED SECTION 135D
 Section 135C. Any person acquiring the right on any land by succession, survivorship, inheritance,
partition, purchase, mortagage, gift, lease or Certificate of No Dues made under sub-section (2) and
(3) of section 125L and section 133(2), or otherwise any right as holder, occupant, owner,
mortagagee, assignee of the rent thereof, shall make a report of such acquisition of such right, either
manually or electronically, to the designated officer within the period of three months from the date
of such acquisition, and the said designated officer shall at once, give a written acknowledgment of
the receipt of such report to the person making it:
 Provided that where the person acquiring the right is a minor, or otherwise disqualified, his guardian
or other person, having charge of his property, shall make the report to the designated officer:
 Provided further that any person acquiring a right by virtue of a registered document. Shall be
exempted from the obligation to report to the designated officer: Explanation I.— The rights

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 mentioned above include a mortgage without possession, but do not include an easement or a
charge not amounting to a mortagage of the kind specified in section 100 of the Transfer of Property
Act, 1882. Explanation II.-A person in whose favour a mortgage is discharged or extinguished, or lease
determines, acquires a right within the meaning of this section.

16. WRITE SHORT NOTES ON REGISTER OF MUTATIONS AND REGISTER OF DISPUTED CASES
A. REGISTER OF MUTATIONS AND REGISTER OF DISPUTED CASES – SECTION 135 D
 (1)
a. The designated office shall enter, manually or electronically by the automated process, in a
register of mutations, every report made to him under section 135C or any intimation of
acquisition or transfer of any right on land made to him, either manually or electronically under
section 135C from the Mamlatdar, or a court of law.
b. (i) When a claim or document of right is produced before the designated office, he shall, through
bio-metric ID or any other mode as may be prescribed, verify the identity and the lawful rights of
the transferor and the transferee. (ii) Upon completion of verification, the necessary entries shall
be made in the register of mutations in the manner as may be prescribed and the notice of the
transaction under section 135D shall be served to the persons interested therein.
 (2) Whenever a designated office makes an entry, either manually or electronically in the register of
mutations, he shall at the same time intimate to all persons appearing from the record of rights or
register of mutations to be interested in the mutation and to any other person whom he has reason
to believe to be interested therein in the manner as may be prescribed.
 (3) It shall be the duty of the designated officer to enter the particulars of the objection if any
received from any person either manually or electronically, in a register of disputed cases and to give
written acknowledgment of the receipt of such objection to the person making it in the same
manner.
 (4) Orders disposing of objections entered in the register of disputed cases shall be recorded, either
manually or electronically, in the register of mutations, after disposing it within the period as may be
prescribed for this purpose and the same may be intimated to the concerned person having interest
in the said mutation.
 (5) Where no objection is raised by any person having interest in the transaction, either manually or
electronically, within a period of thirty days, the mutation entry shall be certified electronically
through an automated process or manually, as the case may be.
 (6) The transfer of entries from the register of mutations to the record of rights shall be effected
subject to such rules as may be made by the State Government in this behalf: Provided that an entry
in the register of mutations shall not be transferred to the record of right until such entry has been
duly certified.
 (7) In the event, where the automated process of certification of entries has not been initiated, the
entries in the register of mutations shall be verified and if found correct or after correction shall be
certified in the Mutation Register, within a period as may be prescribed, by a Revenue Officer not
below the rank of a Deputy Mamlatdar, and the same may be intimated to the concerned person
having interest therein.
 (8) Where the certifying officer has a reason to believe that such mutation entry violates or
contravenes any of the provisions of the Act or any other Act, he shall not certify such entry and shall
intimate the same with reasons in writing to the person concerned.
 (9) The provisions of this section shall apply in respect of perpetual tenancies and also in respect of
any tenancies mentioned in a notification under sub-section (2) of section 135B but the provisions

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 of this section shall not apply in respect of other tenancies, which shall be entered in a register of
tenancies, in such manner and under such procedure as may be prescribed.

In Short:
 The village Accountant, as soon as he receives such report under Section 135 C shall enter such right
in register of mutations and at the same time post up a complete copy of entry in a conspicuous
place in the chavdi and shall give written intimation to all the interested persons or to any person
whom he has reason to believe to be interested therein.
 If there is any objection, then he has to enter it in register of disputed cases and also give written
acknowledgement of receipt of such objection to the person making it and the order of disposing of
objection shall also be recorded in register of mutation.
 The entry in mutation shall ebb certified by office of rank not lower than Mamlatdars First Karkun.
The officer will make sure it is correct and then certify it.
 The objection shall be decided by holding inquiry and hearing of objections and if they are valid and
legal then he will make the necessary entries.
 Before certifying the Accountant will give intimidation to interested persons.

17. WRITE SHORT NOTES ON OBLIGATION TO FURNISH INFORMATION.

A. OBLIGATION TO FURNISH INFORMATION – 135 E.
 Section 135E. (1) Any person whose rights, interests or liabilities are required to be, or have been
entered in any record of register under this Chapter, shall be bound, on the requisition by any
designated officer, engaged in compiling or revising the record of register, to furnish or produce,
either manually or electronically, for his inspection, within the period as may be prescribed, all such
information or document needed for the correct compilation or revision thereof, as the case may be,
within his knowledge or in his possession or power.
 (2) Any designated officer, to whom any information is furnished, or before whom, any document is
produced, either electronically or manually, in accordance with the requisition under sub-section (1)
shall at once, give written acknowledgement thereof, in the same manner to the person furnishing
or producing the same, and shall endorse, on any such document, a note under his signature, stating
the fact of its production and the date thereof, where the automated process has not been initiated.

18. WRITE SHORT NOTES ON PENALTY FOR NEGLECT TO AFFORD INFORMATION.

A. PENALTY FOR NEGLECT TO AFFORD INFORMATION
 Section 135F: Any person neglecting to make the report required by section 135C, or furnish the
information or produce the documents required by section 135E, within the prescribed period shall
be liable, at the discretion of the Collector, to be charged a fee not exceeding one thousand five
rupees, which shall be leviable as an arrear of land revenue.

19. WRITE SHORT NOTES ON REQUISITION OF ASSISTANCE IN PREPARING OF MAPS

A. Section 135G: Subject to rules made in this behalf by State Government —
a. any revenue officer or village accountant may for the purpose of preparing or revising any map or
plan required for or in connection with any record or register under this Chapter exercise any of the
powers of a survey officer under sections 96 and 97, except the powers of assessing the cost of hired
labour under section 97, and
b. any revenue officer of a rank not lower than that of an Assistant or Deputy Collector or of a survey
officer may assess the cost of the preparation or revision of such map or plan and call contingent

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 expenses, including the cost of clerical labour and supervision, on the lands to which such maps or
plan relate, and such costs shall be recoverable as revenue demand.

20. WRITE SHORT NOTES ON CERTIFIED COPY TO BE ANNEXED TO PLAINT OR APPLICATION

A. Section 135H: CERTIFIED COPY TO BE ANNEXED TO PLAINT OR APPLICATION
1. The plaintiff or applicant in every suit or application as hereinafter defined relating to land situated
in any area to which this Chapter applies shall annex to the plaint or application a certified copy of
any entry in the record of rights, register of mutations or register of tenancies relevant to such land.
2. If the plaintiff or applicant fails so to do for any cause which the court or conciliator deems
sufficient, he shall produce such certified copy within a reasonable time to be fixed by the Court or
conciliator, and if such certified copy is not so annexed or produced the plaint or application shall
be rejected but the rejection thereof shall not of its own force preclude the presentation of a fresh
plaint in respect of the same cause of action or of a fresh application in respect of the same subject-
matter with a certified copy annexed.
3. After the disposal of any case in which a certified copy of any such entry has been recorded, the
Court shall communicate to the Collector any error appearing in such entry and any alteration
therein that may be required by reason of the decree or order, and a copy of such communication
shall be kept with the record. The Collector shall in such case cause the entry to be corrected in
accordance with the decree or decision of the court, so far as it adjudicates upon any right required
to be entered in the record of rights, register of mutations or register of tenancies. The provisions
of this sub-section shall apply also to an appellate or revisional Court: provided that, in the case of
an appellate or revisional decree or order passed by the High Court, the communication shall be
made by the Court from which the appeal lay or the record was called for.
4. In this section—
a. “suit” means a suit to which the provisions of the Code of Civil Procedure, 1908 or of the
Mamlatdar’s Courts Act, 1906, apply;
b. “application” means an application—
i. for the execution of a decree or order in a suit;
ii. for the filing of an agreement stating case for the opinion of the Court under the Code of Civil
Procedure, 1908;
iii. for the filing of an agreement to refer to arbitration under section 20 of the Arbitration Act,
1940;
iv. for the filing of an award under section 14 of the Arbitration Act, 1940.
v. to a conciliator under section 39 of the Dekkhan Agriculturists’ Relief Act, 1879;
vi. of any other kind to which the State Government may, by notification in the Official Gazette
direct that this section shall apply;
c. an application shall be deemed to relate to land if the decree or other matter, with respect to
which the application is made, relates to land;
d. a suit, decree or other matter relating to land shall, without prejudice to the generality of the
expression, be deemed to include a suit, decree or other matter relating to the rent or tenancy
of land.

Section 135J: An entry in the record of rights, and a certified entry in the register of mutations shall be
presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor.

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 Section 135K: Applications for certified copies of entries in the record of rights, the register of mutations
and the register of tenancies may be made to, and such copies may be given by, the designated officer
or Mamlatdar.

Section 135L:
(1) No suit shall lie against the Government or any officer of Government in respect of a claim to have
an entry made in any record or register that is maintained under this Chapter, or to have any such
entry omitted or amended, and the provisions of Chapter XIII shall not apply to any decision or
order under this Chapter.
(2) The correctness of the entries in the record of rights and register of mutations shall be inquired in
to and the particulars thereof revised, by such Revenue Officers and in such manner and to such
extent and subject to such appeal as the State Government may from time to time by rules
prescribed in this behalf.

5. WRITE SHORT NOTES ON PROCEDURE OF REVENUE OFFICERS

WRITE SHORT NOTE ON FORMAL AND SUMMARY INQUIRY.
A. PROCEDURE OF REVENUE OFFICERS
 The Procedures of Revenue Officers are available 188 to 202.
 Section 188: In all official acts and proceedings a revenue officer shall, in the absence of any express
provisions of law to the contrary, be subject as to the place, time and manner of performing his
duties to the direction and control of the officer to whom he is subordinate.
 Section 189:
- Every revenue officer not lower in rank than a Mamlatdar’s first karkun, or an Assistant
Superintendent of survey, in their respective departments, shall have power to summon any
person whose attendance he considers, necessary either to be examined as a party or to give
evidence as a witness, or to produce documents for the purposes of any inquiry which such officer
is legally, empowered to make.
- A summons to produce documents may be for the production of certain specified documents, or
for the production of all documents of a certain description in the possession of the person
summoned.
- All persons so summoned shall be bound to attend, either in person or by an authorized agent,
as such officer may direct: Provided that exemptions under sections 132 and 133 of the Code of
Civil Procedure, 1908, shall be applicable to requisitions for attendance under this section;
- And all persons so summoned shall be bound to state the truth upon any subject respecting which
they are examined or make statements, and to produce such documents and other things as may
be required.
- This provision is applicable to summary and formal inquiry and not to ordinary inquiry.
 Section 190: Summons to be in writing, signed and sealed:
- Every summons shall be in writing,
- in duplicate,
- and shall state the purpose for which it is issued,
- and shall be signed by the officer issuing it,
- and if he have a seal shall also bear his seal;
- and shall be served by tendering or delivering a copy of it to the person summoned or, if he cannot
be found, by affixing a copy of it to some conspicuous part of his usual residence. If his usual
residence be in another district, the summons may be sent by post to the Collector of that district,
who shall cause it to be served in accordance with the preceding clause of this section.

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 Section 191: Mode of Serving Notices:
- Every notice under this act, unless it is otherwise expressly provided, shall be served either by
tendering or delivering a copy thereof to the person on whom it is to be served or to his agent, if
he have any; or by affixing a copy thereof to some conspicuous place on the land, if any, to which
such notice refers.
- No such notice shall be deemed void on account of any error in the name or designation of any
person referred to therein, unless when such error has produced substantial injustice.
- A notice under this provision shall be served to the person or his duly authorized agent. Here a
power of attorney holder shall be treated as agent.
 Section 192: Procedure for procuring attendance of witnesses:
- In any formal or summary inquiry if any party desires the attendance of witnesses, he shall follow
the procedure prescribed by the Code of Civil Procedure, 1908, for parties applying for
summonses for witnesses.
 Section 193: Mode of Taking evidence in Formal inquiries:
- In all formal inquiries the evidence shall be taken down in full, in writing, in the language in
ordinary use in the district, by, or in the presence and hearing and under the personal
superintendence and direction of, the officer making the investigation or inquiry, and shall be
signed by him.
- In cases in which the evidence is not taken down in full in writing by the officer making the inquiry
he shall, as the examination of each witness proceeds, make a memorandum of the substance of
what such witness deposes; and such memorandum shall be written and signed by such officer
with his own hand, and shall form part of the record.
- If such officer is prevented from making a memorandum as above required, he shall record the
reason of his inability to do so.
- When the evidence is given in English, such officer may take it down in that language with his own
hand, and an authenticated translation of the same in the language in ordinary use in the district
shall be made and shall form part of the record.
- In BLR Code, there are three inquiries prescribed: Formal, Summary, Ordinary
1. Formal Inquiry: It shall be conducted under Section 193 of this Act, in which oral evidence is
required to be taken in a language ordinary use in the district. The oral evidence shall be taken
before the revenue officer who holds and decides the inquiry after hearing the parties, the
revenue office shall give decision in handwriting and signature. The decision must state the
reasons. It means order should be reasoning order. The parties to the inquiry shall be present
either personally or through their agent. The formal inquiry shall be treated as judicial
proceeding and inquiry officer shall be treated as judicial officer which means he shall be said
to be a judicial officer so far as formal inquiry is concerned and his office considered as civil
court for the purpose.
Section 194: Every decision, after a formal inquiry, shall be written by the officer passing the
same in his own hand-writing, and shall contain a full statement of the grounds on which it is
passed.
2. Summary Inquiry: Section 195: In summary inquiries the presiding officer shall himself, as any
such inquiry proceeds, record a minute of the proceedings in his own hand in English or in the
language of the district, embracing the material averments made by the parties interested,
the material parts of the evidence, the decision, and the reasons for the same: Provided that
it shall at any time be lawful for such officer to conduct an inquiry directed by this Act to be
summary under all, or any, of the rules applicable to a formal inquiry, if he deem fit. He shall
not take whole oral evidence on oath and give decisions with reasons. It is done under sections

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 59 (not passed receipt), 125 (penalty of injuring boundary mark), 129 (determine the right or
exemption), 142 (determine penalty for disobedience of the order of collector), 186 (disposal
of claim attached to the movable property), 202 (eviction of persons wrongfully in possession).

Section 196: Formal and Summary inquiry to be deemed judicial proceeding: A formal or
summary inquiry under this Act shall be deemed to be a “judicial proceeding” within the
meaning of sections 193, 219 and 228 of the Indian Penal Code, and the office of any authority
holding a formal or summary inquiry shall be deemed a Civil Court for the purposes of such
inquiry. Every hearing and decision, whether in a formal or summary inquiry shall be in public,
and the parties or their authorized agents shall have due notice to attend.
3. Ordinary Inquiry: Section 197: ordinary inquiry how to be conducted: An inquiry which this
Act does not require to be either formal or summary, or which any revenue officer may on any
occasion deem to be necessary to make, in the execution of his lawful duties, shall be
conducted according to such rules applicable thereto, whether general or special, as may have
been prescribed by the State Government, or an authority superior to the officer conducting
such inquiry, and, except in so far as controlled by such rules, according to the discretion of
the officer in such way as may seem best calculated for the ascertainment of all essential facts
and the furtherance of the public good. This inquiry is administrative or executive inquiry
therefore the principal or natural justice does not apply. It is not treated as judicial proceeding.
It is not a formal or summary inquiry therefore procedure prescribed under section 193 to 196
are not required to be followed.

Section 198: Copies and Translations: In all cases in which a formal or summary inquiry is made,
authenticated copies and translations of decisions, orders and the reasons therefor, and of
exhibits, shall be furnished to the parties, and original documents used as evidence shall be
restored to the persons who produced them, or to persons claiming under them on due
application being made for the same, subject to such charges for copying etc., as may, from time
to time be authorized by the State Government.

 Section 199: Arrest of defaulter upon warrant: Whenever it is provided by this Act that a defaulter,
or any other person may be arrested, such arrest shall be made upon a warrant issued by any officer
competent to direct such persons’ arrest.

 Section 200: Power of revenue officer to enter upon any lands or premises for purpose of
measuring, etc.: It shall be lawful for any revenue officer at any time, and from time to time, to enter,
when necessary, for the purposes of measurement, fixing, or inspecting boundaries,
classification of soil, or assessment, or for any other purpose connected with the lawful exercise of
his office under the provisions of this Act, or of any other law for the time being in force relating to
land revenue, any lands or premises, whether belonging to the Government or to private individuals,
and whether fully assessed to the land revenue or partially or wholly exempt from the same:
Provided always that no building used as a human dwelling shall be entered, unless with the consent
of the occupier thereof, without a notice having been served at the said building not less than seven
days before such entry; and provided also that in the cases of buildings of all descriptions, due regard
shall be paid to the social and religious prejudices of the occupiers.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
  Section 201: State Government to determine language of a district: The State Government may
declare what shall, for the purposes of this Act, be deemed to be the language in ordinary use in any
district.

 Section 202: Collector how to proceed in order to evict any person wrongfully in possession of land:
- Whenever it is provided by this, or by any other Act for the time being in force, that the Collector
may or shall evict any person wrongfully in possession of land, such eviction shall be made in the
following manner, viz.: by serving a notice on the person or persons in possession requiring them
within such time as may appear reasonable after receipt of the said notice to vacate the land,
- and, if such notice is not obeyed by removing or deputing a subordinate to remove any person
who may refuse to vacate the same, and, If the officer removing any such person shall be resisted
or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case,
and if satisfied that the resistance or obstruction was without any just cause, and that such
resistance and obstruction still continue, may, without prejudice to any proceedings to which
such person may be liable under any law for the time being in force for the punishment of such
resistance or obstruction, issue a warrant for the arrest of the said person, and on his appearance
commit him to close custody in the office of the Collector or of any Mamlatdar or Mahalkari, or
send him with a warrant, in the form of Schedule I, for imprisonment in the civil jail of the district
for such period not exceeding thirty days, as may be necessary to prevent the continuance of such
obstruction or resistance.
- There is difference between unauthorized possession and illegal use. If a person hold the
possession after the terms of tenure than he shall be said to have unauthorized possession of
land as soon as tenure is over while if a person use the agricultural land for non-agriculture
purpose without prior permission under the provision of this Act, than it shall be said to be illegal
use and collectors shall proceed under this provision due to breach of section 66.

6. WRITE SHORT NOTES ON APPEALS AND REVISION.

DISCUSS THE PROVISIONS OF APPEALS, REVISION UNDER THE BOMBAY LAND REVENUE CODE.
A. APPEALS AND REVISION
 Section 203: Appeal to lie from any order passed by a revenue officer to his superior: In the absence
of any express provision of this Act, or of any law for the time being in force to the contrary, an
appeal shall lie from any decision or order passed by a revenue officer under this Act or any other
law for the time being in force, to that officer’s immediate superior, whether such decision or order
may itself have been passed on appeal from a subordinate officer’s decision or order or not.
It means whenever any order or a decision rendered by revenue officer, the aggrieved party can
prefer an appeal before the superior officer under section 203.
 Section 204: Appeal when to lie to the State Government: Subject to the provision in the Bombay
Revenue Tribunal Act, 1939 an appeal shall lie to the State Government from any decision or order
passed by a survey Commissioner, except in the case of any decision or order passed by such officer
on appeal from a decision or order itself recorded in appeal by any officer subordinate to him.
An aggrieved party can prefer an appeal to the State Government against any order passed by the
collector to the Government i.e. before the Special Secretary. The memo of appeal or revision
whatsoever it is said be in language ordinary used in such district and shall be sign by the party who
prefers the appeal or revision. It also required to be mention the name and address of the applicant
or appellant and opponents or respondents the memo appeal or revision must state the brief facts
of the case and grounds on which the appeal or a revision has preferred the memo of appeal or a

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 revision shall affix with proper court fee stamp prescribed the rules and it can be presented by the
parties or their duly authorized agent or shall be sent throw past.
 Section 205: Periods within which appeals must be brought: The limitation for appeal is 60 days
from either the date of passing the order or knowledge of such order whichever is earlier. No appeal
shall be brought after the expiration of sixty days if the decision or order complained of have been
passed by an officer inferior in rank to a Collector or a Superintendent of Survey in their respective
departments; nor after the expiration of ninety days in any other case. In computing the above
periods, the time required to prepare a copy of the decision or order appealed against shall be
excluded.
 Section 206: Admission of appeal after period of limitation: Any appeal under this Chapter may be
admitted after the period of limitation prescribed thereof, when the appellant satisfies the office or
the State Government to whom or to which he appeals, that he had sufficient cause for not
presenting the appeal within such period. No appeal shall lie against order passed under this section
admitting an appeal.
 Section 207: Provision where last day for appeal falls on a Sunday or a holiday: Whenever the last
day of any period provided in this chapter for the presentation of an appeal falls on a Sunday or other
holiday recognized by the State Government the day next following the close of the holiday shall be
deemed to be such last day.
 Section 208: Copy of order to accompany petition of appeal: Every petition of appeal shall be
accompanied by the decision or order appealed against or by an authenticated copy of the same.
 Section 209: Powers of Appellate authority: The appellate authority may for reasons to be recorded
in writing either annual, reverse, modify or confirm the decision or order of the subordinate officer
appealed against, or he may direct the subordinate officer to make such further investigation or to
take such additional evidence as he may think necessary, or he may himself take such additional
evidence: Provided that it shall not be necessary for the appellate authority to record reasons in
writing – (a) when an appeal is dismissed summarily, or (b) when the decision or order appealed from
is itself a decision or order recorded in appeal, or (c) when an appeal is made to the State
Government under section 204.
 Section 210: Power to suspend execution of order of subordinate officers: In any case in which an
appeal lies, the appellate authority may, pending decision of the appeal, direct the execution of the
decision or order of the subordinate officer to be suspended.
 Section 211: Power of State Government and of certain revenue officers to call for ands examine
records and proceedings of subordinate officers and pass orders:
- The State Government and any revenue officer, not inferior in rank to an Assistant or Deputy
Collector or a Superintendent of Survey, in their respective departments, may call for and
examine the record of any inquiry or the proceedings of any subordinate revenue officer for the
purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of any
decision or order passed, and as to the regularity of the proceedings of such officer.
- The following officer may in the same manner call for and examine the proceedings of any officer
subordinate to them in any matter in which neither a formal nor a summary inquiry has been
held, namely, a Mamlatdar, a Mahalkari, an Assistant Superintendent of Survey and an Assistant
Settlement Officer. If in any case, it shall appear to the State Government, or to such officer
aforesaid, that any decision or order or proceedings so called for should be modified, annulled or
reversed, it or he may pass such order thereon as it or he deems fit. Provided that an Assistant or
Deputy Collector shall not himself pass such order in any matter in which a formal inquiry has
been held, but shall submit the record with his opinion to the Collector, who shall pass such order
thereon as he may deem fit.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 - In State of Gujarat v/s Raghav Natha it was stated that Section 211 does not prescribe a period of
limitation for the exercise of such suo-moto power it would not amount to saying that such power
can be exercised within a reasonable period of time.

UNIT IV

7. EXPLAIN FULLY THE NEED TO INTRODUCE THE BOMBAY TENANCY AND AGRICULTURAL LANDS ACT,
1948.
WRITE SHORT NOTE ON HISTORY AND NEED OF THE BOMBAY TENANCY AND AGRICULTURAL LAND
ACT, 1948.
A. HISTORY OF BOMBAY TENANCY AND AGRICULTURAL LAND ACT, 1948
 Agriculture is main source of Indian Economy and approximately 70% of our Indian population
depends upon on agriculture for livelihood and 50% contributes towards National Income.
 Before 1939 there was no separate Tenancy Act for the protection of agricultural tenants and their
rights. There was only section 83 of Bombay Land Revenue Code and Mamlatdar’s Court Act but it
did not protect the agricultural tenants. Therefore in 1939 Bombay enacted Bombay Tenancy Act
1939. There were only 31 sections. It was amended in 1942 and 1946.
 The Bombay Tenancy Act, 1946 helped the agricultural tenants but it had various difficulties in the
administration due to the variety of tenures, customs and usage in different parts of the State.
 Later there was agrarian reforms to achieve improved production and agricultural efficiency.
Therefore, Bombay Tenancy Act and Agricultural Lands Act, 1948 was enacted. It has provision for
tenancies and their duration, fixation of maximum rent, abolition of all cases, determination of
reasonable rent, commutation of crop share rent into cash, prohibition of receiving rent in terms of
service or labour, reservation of special rights and privilege of the protected tenant which were
retained were continue with some amendments.
 The Bombay Tenancy and Agricultural Lands Act, 1948 was enacted not only for the administration
of agricultural tenancy but administration and use of agricultural lands.
 When this Act was enacted there was no provision of compulsory purchase by tenant and if the
landlord desires to sale his land then the first priority to sale such land should be given to the tenant
and if tenant does not purchase the same then the landlord shall sell the land to an agriculturalist
who holds land nearby such land and then after sell such land to any agriculturalist subject to such
conditions that purchaser should possess or hold agricultural land within the radius of 8 kilometers.
 Later in 1955 this Act was amended and Bombay Tenancy and Agricultural Lands Act, 1955 was
enacted. It had two alternatives for the tenants. 1. Relinquished the right as tenant. 2. Compulsory
purchase of the land while making administrative arrangement for the implementation of these
provisions.
 After bifurcation in 1960 this Act was made applicable to Gujarat, except Bombay Tenancy and
Agricultural Lands Act, 1948 was enacted Saurashtra, Kutch and Amreli. Later made applicable to
whole of Gujarat.
 The Agricultural Land Tribunal and Mamlatdar has jurisdiction to decide all the dispute under the
provision of said Act and also provide the provision for appeal and revision.
 The aim of the Act is
1. To protect the agricultural tenants
2. To give more securities to the tenant
3. It is amended from time to time to give further protection of tenants.
4. For improvement of agricultural activities.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
8. WRITE SHORT NOTE ON DEFINITIONS
A. AGRICULTURE
 Agriculture includes horticulture, the raising of crops, grass and garden produce.
 The use of agriculturist of the land held by him thereof for grazing of his cattle.
 The use of his land for raising grass means to sow seeds in the land and provide irrigation water, etc.
It does not include natural growth of grass.
 It includes an operation which has something to do with land which helps the land to produce fruits
or crops in other word any operation which improves the natural produce of the land may come.
 It does not include allied pursuits such as cutting of wood, dairy farming, poultry, etc.

AGRICULTURIST
 Agriculturist means a person who cultivates the land personally.

BACKWARD AREA 2(2C)

 Backward Area means any area declared by the State Government to be backward area being an
area in which, in the opinion of the State Government, socially, economically, and educationally
backward classes of citizens predominate, and includes an area declared to be a scheduled area
under paragraph 6 of the Fifth Schedule to the Constitution of India.

CEILING AREA 2(2D) AND SECTION 5

WRITE SHORT NOTE ON CEILING AREA
 Ceiling area means in relation to land held by a person whether as an owner or tenant partly as an
owner and partly as tenant, the area of land fixed as ceiling area, under section 5 or 7.
 The ceiling area of land shall be:
a. 48 acres of jirayat land
b. 24 acres of seasonally irrigated land or paddy or rice land.
c. 12 acres of permanently irrigated land.
 5(2) This area has been defined in section 5 of this Act which states that where the land held by a
person consists of two or more kind of land, the ceiling area of such holding shall be determined on
the basis of one acres of permanently irrigated land being to two acres land of seasonably irrigated
land or paddy or rice land or four acres of jirayat land. 1:2:4.
 Wherein any case the ceiling as determined under the provision of the Gujarat Agricultural Land
Ceiling Act, 1960 as in force for the time being is less than the ceiling area specified in this section,
then notwithstanding anything contained in this section, the ceiling area of the land as determined
under the said Act shall be ceiling area for the purpose of this Act.
 The ceiling area prescribed under Agricultural Land Ceiling Act, 1960 which is as under:
a) 30 to 54 acres of jirayat land
b) 15 to 27 acres of seasonally irrigated land or paddy or rice land.
c) 10 to 18 acres of permanently irrigated land.
 There are three objects which have to be kept in mind.
1. To give the family a fair amount of means of subsistence
2. To arrive at an economic unit of cultivation
3. To ensure that those who can afford to cultivate a reasonably large area personally and thereby
to give more production of per unit than some of the smaller holder.
 In calculating the ceiling area, the potkharaba i.e. bad land not cultivated should not be included in
the land.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 As far as said ceiling is concerned where land held by person consists of two or more kinds of lands
then the ceiling are of such holding shall be determined on the basis of 1:2:3 bases.

CULTIVATE 2(5)
 To cultivate means to till or prepare the land for producing, raising crops, or improving agricultural
produce.
 It can be manually or by means of cattle or machine.
 There are six modes of cultivation:
1. Cultivated by the holder of land or owner of the land with his own hands.
2. Cultivated wholly by the labour hired by the occupant or his agent but under personal supervision
by landlord.
3. Cultivated by tenant by paying cash.
4. Cultivated by tenant by paying a share of crop.
5. Cultivated by tenant paying a fixed quantity of produce.
6. Cultivated by tenant by paying rent involving some mixture of the foregoing forms of rent.

LAND 2(8)
 Land in the Act means which is used for the agricultural purpose including dwelling houses as well as
farm building and appurtenant land of dwelling houses and farm building. Farm building means
structure erected for purpose which are connected with such land such as for storage of agricultural
implements, manure or fodder. For storage of agricultural produce. For sheltering cattle. For
residence of members of the family, servants, tenants of the holder. For any other purpose which is
an integral part of his cultivation.

LAND HOLDER 2(9)

 Land holder means a zamindar, jahagirdar, inamdar, talukadar, malik, or a khot or any person who
has interest in land.
 He is the person who owns an estate or part thereof includes every person entitled to collect the
rents of the whole or any portion of the estate by virtue of any transfer from the owner of his
possessor-in-title.

PROTECTED TENANT 2(14) ALSO SECTION 4A

 Protected tenant means person who is recognized to be protect tenant under section 4A.
 A person shall be recognized to be a protected tenant, if such person has been deemed to be a
protected tenant under section 3, 3A and 4 of the Bombay Tenancy Act, 1939.
 Section 3 of the Bombay Tenancy Act, 1939 – if he has held land continuously for a period of not less
than six years immediately preceding either 1. The first day of January 1938 or 2. First day of January
1945 and he has cultivated such land personally during such period.
 Section 3A of the Bombay Tenancy Act, 1939 – from eight November 1947 every tenant shall be
deemed to be protected tenant and his rights as protected tenant shall be recorded in records of
rights unless his landlord has prior to the aforesaid date made application to the Mamlatdar for
declaration that the tenant is not a protected tenant.
 Section 4 of the Bombay Tenancy Act, 1939 – a tenant has held and cultivated land personally for a
period of not less than six years immediately preceding the first day of April 1937 or held and
cultivated land personally continually for a period of not less than six years immediately preceding
the first day of April 1944.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 TENANT 2(16)
 Tenant means person who holds land on lease and includes a deemed tenant under section 4, a
protected tenant, a permanent tenant under section 4A and Section 2(10A) respectively and a person
who continued in possession of such land with or without the consent of landlord at any time after
appointed day but before the specified date, after the surrender of tenancy.

4. WRITE SHORT NOTE ON DEEMED TENANT AND CULTIVATE PERSONALLY UNDER BOMBAY TENANCY
AND AGRICULTURAL LANDS, ACT, 1948.
A. PERSONS TO BE DEEMED TENANT
 A person lawfully cultivating any land belonging to another person shall be a deemed tenant if (as
given in Gujarat HC in 1996(3) GCD page 849)
1. Land is not cultivated by the owner personally.
2. Such person is not a member of owner family.
3. Such person is a not servant wages payable in cash or kind but not in crops share or higher labour
cultivating the land under the personal supervision of the owner or any member of the owner’s
family.
4. Such a person not is mortgagee in possession.
 As far as essentials ingredients in the definition of the term ‘family’ is concerned a family is the group
or unit, the member of which are joint in estate or residence.
 In Tenancy Act the definition of tenant there are two types of tenants:
1. A tenant by contract either written or oral.
2. Who legally cultivates lands of another by virtue tenancy Act.
 As far as deemed tenant is concerned the relevant condition is that a person claiming the status of
deemed tenant must cultivate land lawfully. The land of other must be cultivated by him personally
and lawfully.
 A person who is in possession of land by way of mortgage than he shall not be treated as deemed
tenant.

CULTIVATE PERSONALLY 2(6)

 To cultivate personally means to cultivate land on one’s own account
1. By one’s own labour
2. By the labour or any member of one’s family
3. Under personal supervision of oneself or any member of one’s family, by hired laborer or by
servant on wages payable in cash or kind but not in crop share being land the entire area of which:
a. Is situated within the limit of a singly village.
b. Is situated that no piece of land is separated from another by a distance of more than 5 miles
i.e. 8 km.
c. Forms one compact block.
 These a, b, c, are deleted after amendment 1995. Therefore a person can purchase land for personal
cultivation in anywhere in State of Gujarat provided he shall possess agricultural land in personal
cultivation in the territories of Gujarat.
 A widow or minor or mentally disabled or serving in armed forces shall be deemed to cultivate the
land personally if such land is cultivated by servants, or by hired labour or through tenant.
 A personal cultivation means land cultivated by the owner personally on his risk and also keep watch
on the labour for cultivation but it does not include the land cultivated by another person with all
risk for the landowner. E.g. Ramesh is the owner of the land and said land is cultivated by Mukesh

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 on his risk and crops has been shared by Ramesh and Mukesh and Mukesh pays rent for cultivation
of land than it cannot be said that said land is cultivated by Ramesh personally.

5. WRITE SHORT NOTE ON TENANCY NOT TO BE TERMINATED BY EFFLUX OF TIME – SECTION 4B.
A. TERMINATION OF TENANCY NOT TERMINATE BY EXPIRATION OF DURATION.
 No tenancy of any land other than tenancy created with the previous sanction of the collector under
Section 73AA of the Bombay Land Revenue Code, 1879, shall be terminated merely on ground that
the period fixed by agreement or usage for its duration has expired.
 A tenancy can be terminated under the provision of section 14, 31, 31T, and 43D of this Act.
 This provision also says that if land of scheduled tribe is given under tenancy with a permission of
the collector than such tenancy can be terminated i.e. section 4B will not be applicable.
 Under the Bombay Tenancy and Agricultural Lands Act, the tenant has been given special rights such
as:
a. Right under section 32 – tenant deemed to have purchased land on tillers day i.e. 1/4/57.
b. Right of tenant to exchange land under section 33.
c. Right of a tenant to restore the possession from landlord if landlord fails to cultivate within one
year under section 37.
d. Inheritance i.e. continuance of tenancy on the death of tenant under section 40.
e. Right to have compensation for improvement made in the land by tenant under section 41.
f. Right to construct or erect farmhouse on the land under section 42.

6. WRITE SHORT NOTE ON ECONOMIC HOLDING SECTION 6

A. ECONOMIC HOLDING
 Economic holding shall be:
a. 16 acres of jirayat land
b. 8 acres of seasonably irrigated lands
c. 4 acres of permanently irrigated land.
 Where the land held by a person consists of two or more kinds of land specified in sub-section (1) an
economic holding shall be determined on the basis of applicable to the ceiling area under sub-section
2 of 5. 5(2) This area has been defined in section 5 of this Act which states that where the land held
by a person consists of two or more kind of land, the ceiling area of such holding shall be determined
on the basis of one acres of permanently irrigated land being to two acres land of seasonably irrigated
land or paddy or rice land or four acres of jirayat land. 1:2:4.

7. WRITE SHORT NOTE ON IRRIGATED LAND - SECTION 6A

A. IRRIGATED LAND
 Irrigated land includes perennially or seasonally irrigated land.
 Perennially irrigated land means a land irrigated throughout the year by water from Government
canals or bundharas, etc.
 Seasonally irrigated land means land irrigated during particular season of the year from water from
Government canals or Bundhara’s.

8. WRITE SHORT NOTE ON RENT AND ITS MAXIMUM AND MINIMUM - SECTION 8
A. RENT AND ITS MAXIMUM AND MINIMUM
 Subject to the provisions of this Act
a. But not withstanding any law, custom, usage, agreement or the decrees or order of a court, the
rent payable shall be paid annually and in cash.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 b. Such rent shall not exceed five times of assessment payable in respect of the land or twenty
rupees per acre, which area is less, and shall not be less than twice such assessment provided that
where the amount equal to twice the assessment exceeds the sum of twenty rupees per acres,
the rent shall be twice the assessment.
 Assessment means
a. In areas in which the settlement has been made under Chapter VIII A of the Bombay Land
Revenue code, 1897 or in which the assessment has been fixed under section 52 of the BLR Code,
the assessment so settled or fixed.
b. In areas to which rule 19N of Land Revenue Rules, 1921 applies, such assessment as may be
leviable under that rule.
c. In areas to which the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 applies
the assessment fixed under Section 7 of the Act.
d. In areas in which the assessment is payable in crop share of produce such assessment as may be
fixed by the State Government in accordance with the principles laid down in rule 190 of the
Land Revenue Rules, 1921.
e. If by custom, usage, agreement or the decree or order of a court, the amount or rent payable is
less than the maximum or minimum specified in sub-section 1 the amount so payable shall be
the rent in respect of the land.

9. WRITE SHORT NOTE ON :

RATE OF RENT PAYABLE TO HIS LANDLORD - SECTION 9,
QUANTUM OF RENT PAYABLE BY THE TENANT TO LANDLORD – SECTION 9A.
LIABILITY OF TENANT TO PAYMENT OF RENT FIXED UNDER PRECEDING SECTION 8 – SECTION 9C
A. RENT PAYABLE TO HIS LANDLORD
 Subject to the maximum and minimum limits of rent fixed under section 8, the Mamlatdar shall for
each village, or group of villages or for any area in such village or group, within his jurisdiction, fix the
rate of rent payable by a tenant for the lease of different classes of land situate in such village or
group of villages, or areas as the case may be.
 In arriving at such rate the Mamlatdar shall have regard to the rents, prevalent in the locality, the
productivity of the lands, the prices of commodities and such other factors as may be prescribed.
 The rate of rent so fixed shall continue for a period of five years and shall be liable to be revised by
the Mamlatdar thereafter at the end of each successive period of five years. Provided that the rate
of rent so fixed, if not revised at the end of such period, shall continue until it is so revised.
 The rent payable by a tenant to his landlord in respect of any land in a village or group may at any
time during any such period of five years, on an application to him in this behalf.
i. Reduce the rent, if he is satisfied that on account of the deterioration of the land by flood or
other cause beyond control of the tenant the land has been wholly or partly rendered unfit for
cultivation,
ii. Enhance the rent, if he is satisfied that on account of any improvement made in the land, at the
expense of the landlord, there has been an increase in the agricultural produce thereof.

QUANTUM OF RENT PAYABLE BY THE TENANT TO LANDLORD – SECTION 9A

 The rent payable by a tenant shall, subject to the minimum and maximum fixed under Section 8 by
the rent at the rate fixed under Section 9 in respect of the class of land to which the land held by the
tenant belongs.

FAMILY LAW NOTES – BY FR. LAWRENCE RODRIGUES - 28

FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
  Where any land held by the tenant is wholly or partially exempted from the payment of land revenue
and rent payable in respect of such land is at the rate fixed under Section 9 than amount or rent shall
be increased by a sum equal to the aggregate of the following amount.
1. Amount of full assessment leviable in respect of such land.
2. Amount of cesses mentioned in section 10A and tenant shall be liable to pay rent as increased.
Provided that if the amount of rent as so increased payable by the tenant for any year exceeds
the value of one-sixth of the produce of the land in that year, the tenant shall be entitled to
deduct from the rent for that year the amount so in excess, and the quantum or rent payable by
the tenant to his landlord for that year shall be deemed to have been reduced to the extent of
such deduction.
 Any dispute as regards class of land arises then the Mamlatdar shall decide after making an inquiry.

SECTION 9C: LIABILITY OF TENANT TO PAYMENT OF RENT FIXED UNDER PRECEDING SECTION 8
 Until the rent is fixed in accordance with the provisions of the preceding section, a tenant shall,
subject to the maximum and minimum provided under section 8, be liable to pay rent to the landlord
at the rate at which it was payable immediately before the commencement of the amending Act,
1955 and if such rent was payable in crop share or produce shall be determined in the prescribed
manner.

10. WRITE SHORT NOTE ON REFUND OF RENT RECOVERD IN CONTRAVENTION OF THE PROVISION OF THE
ACT AND OTHER PENALTIES - SECTION 10
LIABILITY OF LANDLORD TO PAY LAND REVENUE AND CERTAIN OTHER CESSES - SECTION 10 A
A. REFUND OF RENT RECOVERD IN CONTRAVENTION OF THE PROVISION OF THE ACT
 If the landlord recovers rent from any tenant in contravention of the provisions of section 8, 9, 9A,
9C the landlord shall refund the excess amount to the tenant
 and he shall be liable to pay compensation to the tenant as may be determined by the Mamlatdar
 And he shall be also liable to such a penalty as may be prescribed in the rules.

LIABILITY OF LANDLORD TO PAY LAND REVENUE AND CERTAIN OTHER CESSES – SECTION 10 A
 Subject to the provision of sub-section (2), every tenant shall be liable to pay in respect of the land
held by him as a tenant:
a. The land revenue as per BLR Code.
b. The irrigation cess as per BLR Code.
c. The cess levied under Section 93 of the Bombay Local Boards Act, 1923 as amended in schedule
II to this Act.
d. The cess levied under Section 89B under the Bombay Village Panchayats Act, 1933.
 If the aggregate amount of the above for any year exceeds one-sixth of the produce of such land in
that year the tenant shall be entitled to deduct from the rent for that year the amount so in excess
and quantum of rent payable by the tenant to his landlord for that year shall be deemed to have
been reduced to the extent of such deduction.
 (2) Nothing in sub-section 1 and 2 shall apply to any land held by
a. A tenant in scheduled areas and
b. Tenant paying to the landlord rent under sub-section (3) of section 8 until such tenant is deemed
to have purchased the land under section 32 or purchases the land under section 32F or 32O and
the purchase is determined under section 32H.
c. A tenant where such land is wholly or partially exempt from the payment of land revenue.

FAMILY LAW NOTES – BY FR. LAWRENCE RODRIGUES - 29

FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
11. WRITE SHORT NOTE ON SUSPENSION OR REMISSION OF RENT - SECTION 13
A. SUSPENSION OR REMISSION OF RENT
 Notwithstanding anything contained in Section 84A of Bombay Land Revenue Code, 1897 whenever
from any cause the payment of whole land revenue payable to Government in respect of any land is
suspended or remitted, the landlord shall suspend or remit, as the case may be, the payment to him
of the rent of such land by his tenant.
 If in the case of such land the land revenue is partially suspended or remitted, the landlord shall
suspend or remit the rent payable by the tenant of such land in the same proportion.
 If no land revenue is payable to Government in respect of such land and if from any cause, the
payment of the whole or any part of the land revenue payable to Government in respect of any other
land in the neighborhood such land has been suspended or remitted, the collector shall, subject to
the general or special orders of Government in the manner provided in sub-section 1 suspended or
remitted, as the case may be, the payment to the landlord of the rent or part of its due in respect of
such land.
 No suit shall lie and no decree of civil court shall be executed for recovery by the landlord of any rent,
the payment of which has been remitted or during the period for which the payment of such rent
has been suspended under this section.
 If any landlord fails to suspend or remit the payment of the rent as provided in this section, he shall
be liable to refund to the tenant the amount recovered by him in contravention of this section. The
tenant may apply to the Mamlatdar for the recovery of the amount and the Mamlatdar may after
making an inquiry make an order for the refund and for inflicting such penalty on the landlord as may
be prescribed.

12. WRITE SHORT NOTE ON TERMINATION OF TENANCY FOR DEFAULT OF TENANT - SECTION 14
EXPLAIN TERMINATION OF TENANCY FOR DEFAULT OF TENANT AND FOR PERSONAL AGRICULTURAL
USE AND NON-AGRICULTURAL PURPOSE ALONG WITH THE CONDITION UNDER THE BOMBAY
TENANCY AND AGRICULTURAL LANDS ACT.
A. TERMINATION OF TENANCY FOR DEFAULT OF TENANT
 (1) Notwithstanding any law, agreement of usage or decree or order of a court, the tenancy of any
land shall not be terminated:
a. Unless the tenant:
1. Has failed to pay the rent for any revenue year before 31st day of May.
2. Has done any act which is destructive or permanently injurious to the land.
3. Has sub-divided, sub-let or assigned the land in contravention of section – 27.
4. Has failed to cultivate the land personally;
5. Has used such land for the purpose other than agriculture of allied pursuits.
b. Unless the landlord has given three months’ notice in writing informing the tenant of his decision
to terminate the tenancy and ground of such termination and within that period the tenant has
failed to remedy the breach for which the tenancy is liable to be terminated.
 (2) Notwithstanding in sub-section (1) shall apply to the tenancy of any land held by permanent
tenant unless by the conditions of such tenancy is liable to be terminated on any grounds mentioned
in the said sub-section.
 Suppose a tenant wilfully refuses to pay rent for several years and do not pay rent even after notice
given to him, it will not be proper to allow him to continue in possession. Here so far as permanently
injurious is concerned, it is not easy to determine what act may be considered a destructive or
permanently injurious to the land and to determine the same the land is to be classified for natural
fertility.

FAMILY LAW NOTES – BY FR. LAWRENCE RODRIGUES - 30

FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
  A classification of land means the process by which the value of land used for agriculture can be
determined.

13. WRITE SHORT NOTE ON SURRENDER OF TENANCY - SECTION 15

A. SURRENDER OF TENANCY
 When the Bombay Tenancy and Agricultural Lands Act was enacted in 1948 there was no provision
of surrender of tenancy. He can’t terminate the tenancy in respect of any land by surrendering his
interest in favour of the landlord.
 After 1/8/1953 provides that if tenant desire to surrender his tenancy than order of competent
authority was required and land given back to the landlord.
 In 1948 there was provision that as soon as tenant resigns the tenancy right by surrender which was
verified by competent authority and possession was given to the landlord. Therefore the tenant was
forced to surrender his tenancy by pressure or undue influence. It also provided that if the tenancy
is surrendered then the landlord had to cultivate it personally and if he fails to do so within one year
the possession was restored to the tenant under section 37 of this Act.
 The above was repealed and inserted in section 15 in 1973. Under this provision if the tenant desired
to terminate his tenancy in respect of any land and surrender his interest then:
a. He has to give in writing to the landlord and to the collector to that effect
b. The writing of surrender verified by the competent authority in prescribed manner.
c. and after receipt of such intimation the collector shall give an opportunity of hearing to the
landlord,
d. Hold inquiry
e. And also call upon the tenant to tender the rent in arrears to the landlord within specified time
by passing an order and pass an order for termination of tenancy and the land shall vest to the
Government free from encumbrances and the land shall be liable to be disposed of as per the Act.
 Once the above ingredients are satisfied, the competent authority shall pass the order in respect of
surrender of tenancy but on the termination of said tenancy by way of surrender, the land shall vest
in the Government as if the land had been acquired from the landlord and the landlord shall be
entitled to amount of such land from the Government which shall be equal to price of such land.
 The land so got by the Government shall be disposes of as per the Act 2C of Section 32P which means
it will be disposed on priority bases which is as follows:
a. To cooperative farming society, the member of which are agricultural laborers, landless persons,
small holder.
b. To agricultural laborers.
c. To landless persons.
d. To small holder.
e. To cooperation farming society of agriculturalist other than small holders.
f. To agriculturalist other than small holders.
g. To any other cooperative farming society.
 As far as price is concerned it shall be determined in manner provided in section 32P(5) of this Act.
 Prior to this amendment in 1973 the landlord sometimes took possession of land from the tenant
without following the procedure under this Act therefore Government has added section 32(1B) in
1973 and by virtue of this provision those tenant who were evicted without the procedure of this Act
put in to the possession of land either by application of tenant or by suo moto of Government and
to attract the provision of section 32(1B) the following conditions laid down:
1. Whether tenant possessed land on 15/6/56 or on 1/4/57.
2. Whether tenant evicted from land on or before 3/3/73 without order of Mamlatdar.

FAMILY LAW NOTES – BY FR. LAWRENCE RODRIGUES - 31

FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 3. Whether land is in possession of landlord or his succession in interest i.e. heirs.
4. Whether land was not used for non-agricultural purpose before 3/3/73.

UNIT V

14. WRITE SHORT NOTE ON BAR TO EVICTION FROM DWELLING HOUSE - SECTION 16
A. BAR TO EVICTION FROM DWELLING HOUSE
 (1) If in any village, tenant is in occupation of a dwelling house built at the expenses of such tenant
or his predecessor-in-title on a site belonging to his landlord, such tenant shall not be evicted from
such dwelling house unless: (Also held in Gujarat HC 1994 (2) GLR Page 1185)
a. The landlord proves that the dwelling house was not built at the expenses of such tenant or his
predecessor-in-title.
b. Such tenant makes any three defaults in the payment of rent, if any, which has been paying for
use and occupation of such site.
 The provision in sub-section one will not apply to a dwelling house which is situated on any land used
for the purpose of agriculture from which he has been evicted under section 31.
 The dwelling house should be house for residence and not storing farm produce, farm implements,
for cattle shed. Some person must reside in it.

15. WRITE SHORT NOTE ON TENANTS RIGHT TO TREES PLANTED BY HIM - SECTION 19
RIGHT TO PRODUCE OF NATURALLY GROWN GRASS
A. TENANTS RIGHT TO TREES PLANTED BY HIM
 If a tenant has planted or plants any trees on any land leased to him, he shall be entitled to the
produce and the wood of such trees during the continuance of his tenancy and shall on the
termination of his tenancy be entitled to such compensation for the said trees as may be determined
by the Mamlatdar.
 A tenant shall not be entitled to compensation under this section, if the tenancy is terminated by
surrender on the part of the tenant.
 The landlord shall during the continuance of the tenancy be entitled to the rent of the land as if the
trees had not been planted.

RIGHT TO PRODUCE OF NATURALLY GROWN GRASS

 A tenant shall during the continuance of his tenancy be entitled to two-thirds of the total produce of
trees naturally growing on the land, the landlord shall be entitled to one-third of the produce of such
trees.
 In case of any dispute regarding the produce of such trees the tenant or landlord may apply to the
Mamlatdar who after holding an inquiry shall pass such order as he deems fit.
 Naturally growing on the land means that it grows without any human agency.

16. WRITE SHORT NOTE ON LANDLORD TO TERMINATE TENANCY FOR PERSONAL CULTIVATION AND
NON-AGRICULTURAL PURPOSE - SECTION 31
A. LANDLORD TO TERMINATE TENANCY FOR PERSONAL CULTIVATION AND NON-AGRICULTURAL
PURPOSE
 If landlord desires to terminate tenancy of any land held by the tenant for his personal cultivation or
for non-agricultural purpose he shall give notice in writing to tenant which shall state the purpose
for which the landlord requires the land, on or before 31st December 1958 and the copy of it shall be
sent to the Mamlatdar at the same time.

FAMILY LAW NOTES – BY FR. LAWRENCE RODRIGUES - 32

FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 If the tenant is a minor or widow than the notice shall be given within one year or six months from
the specified date, whichever period expires earlier, from the date of attaining majority in case of
minor. By the guardian or other legal representative of such landlord, in a case where the period of
one year within which such rights may be exercised under sub-section 3 has not commenced within
a period of six months from the specified date.
 And in case of widow on first day of April 1957 shall after the specified date: be exercisable by the
widow within a period of six months from the specified date. Be exercisable in a case where the
interest of the widow in the land has ceased to exist, by reason of her death or otherwise before the
specified date but the period of one year within which her successor-in-title is entitled to exercise
the right under section 31 has not expired. In case where the interest of the widow in the land ceases
to exist on or after the specified date, expires on the date on which her interest so ceases to exist.
 In case of mental or physical disability ceases.
 This is very important provision which gives an opportunity to the landlord to terminate tenancy.
 The condition to be followed are:
a. It should be in writing
b. It must state the purpose for termination i.e. whether landlord wants for personal cultivation or
non-agricultural purpose.
c. It must be signed by landlord or his authorized agent or representative.
d. It must be sent to the tenant.
e. It must be served to the tenant on or before 31/12/1956 to the tenant.
f. Copy sent to Mamlatdar simultaneously.

CONDITION OF TERMINATION OF TENANCY – SECTION 31A

 The right of the landlord to terminate a tenancy for cultivating the land personally under section 31
shall be subject to the following conditions:
a. If the landlord at the date on which the notice is given and on the date on which it expires has
no other land of his own or has not been cultivating personally any land, he shall be entitled to
take possession of the land leased to the extent of a ceiling area.
b. If the land cultivated by him personally is less than a ceiling area the landlord shall be entitled to
take possession of so much area of the land leased as will be sufficient to make up the area in
his possession to the extent of a ceiling area.
c. The income by the cultivation of the land of which he is entitled to take possession is the principal
source of income for his maintenance.
d. The land leased stands in the record of rights or in any public record or similar revenue record
on the 1st day of January 1952.
e. If more tenancies than one are held under the same landlord, then the landlord shall be
competent to terminate only the tenancy or tenancies which are the shortest in point of
duration.

NO TERMINATION OF TENANCY IN CONTRAVENTION OF BOM. LXII OF 1947 OF IF THE TENANT IS

MEMBER OF COOPERATIVE FARMING SOCIETY – SECTION 31B
 In no case shall a tenant be terminated under section 31:
a. In such a manner as will result in leaving with a tenant, after termination less than half the area
of the land leased to him, or
b. In such a manner as will result in contravention of the provision of Bombay Prevention of
Fragmentation and Consolidation Holding Act, 1947 or in making any part of the land leased a
fragment within the meaning of that Act, or

FAMILY LAW NOTES – BY FR. LAWRENCE RODRIGUES - 33

FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 c. If the tenant has become a member of a co-operative farming society and so long as he continues
to be such member or
d. If the tenant is a member of a Scheduled Caste or Scheduled Tribe.

LANDLORD NOT ENTITLED TO TERMINATE TENANCY FOR PERSONAL CULTIVATION OF LAND LEFT
WITH TENANT – SECTION 31C
 The tenancy of any land left with tenant after the termination of the tenancy under section 31 or
before the commencement of the Amending Act, 1955 under any other law then in force on the
ground that the landlord required the land to cultivate personally or for nay non-agricultural purpose
- - shall not at any time afterwards be liable to termination again on the ground that landlord
bonafide requires the land for personal cultivation.

APPORTIONMENT OF RENT AFTER TERMINATION OF TENANCY FOR LAND LEFT WITH TENANT –
SECTION 31D
 The provision of section 31D suggests that any part of the land with the tenant after termination of
tenancy under section 31, the rent shall be apportioned in the prescribed manner in proportion to
the area of the land left with tenant.

17. WRITE SHORT NOTE ON TRANSFER TO NON-AGRICULTURIST BARRED - SECTION 63

A. TRANSFER TO NON-AGRICULTURIST BARRED
 Save as provided in this Act:
a. No sale (including sales in execution of a decree of a Civil Court or for the recovery of arrears of
land revenue or for sums of any land or interest therein, or
b. No mortgage of any land or interest therein, in which the possession of the mortgaged property
is delivered to the mortgage,
c. No agreement made by an instrument in writing for the sale, gift, exchange, lease or mortgage
of any land or interest therein.
Shall be valid in favour or a person who is not an agriculturist or who being an agriculturist cultivates
personally land not less than the ceiling area whether as an owner or tenant or partly is owner and
partly as tenant or who is not an agricultural labourer.
Provided that the Collector or an officer authorized by the Governments in this behalf may grant
permission for such sale, gift, exchange, lease or mortgage on such conditions as may be prescribed:
a. Provided further that no such permission shall be granted where land is being sold to a person
who is not an agriculturist for agricultural purpose, if the annual income of such person from
other sources exceeds five thousand.
b. Nothing in this section shall be deemed to be a dwelling house or the site thereof or any land
appurtenant to it in favour of an agricultural labourer or an artisan.
c. Nothing in this section shall apply or be deemed to have applied to a mortgage of any land or
interest therein effected in favour of a co-operative society as security for the loan advanced by
such society.
d. Nothing in section 63A shall apply to any sale made under sub-section 1.

REASONABLE PRICE OF LAND FOR THE PURPOSE OF ITS SALE AND PURCHASE – SECTION 63A
 The provision of section 63A has been inserted in 1956 by Act Number 13/56.
 It says that the price of any land sold or purchased under the Act shall consist of an
a. Amount not less than 20 times the assessment and not being more than 200 times of such
assessment including the amount water rate levied under section 55 of BLR Code.

FAMILY LAW NOTES – BY FR. LAWRENCE RODRIGUES - 34

FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 b. The value of any structure, well, trees planted and permanent fixtures shall be extra.
 Where the provisions of this Act any land is sold or purchased by mutual agreement, such agreement,
shall be registered before the Mamlatdar, and the price of the land shall, subject to the limits
specified in sub-section 1 be such as may be mutually agreed upon by the parties. In the case of
disagreement between the parties, the price shall be determined by the tribunal having regard to
the factors mentioned in this section.
 In case of any dispute in respect of price, the same shall be determined by the Tribunal or Mamlatdar
and such Tribunal or a Mamlatdar fix the price with regards to the following factors subject to the
quantum specified above i.e. the conditions mentioned above
1. The rental value of the land for a similar purpose in the locality.
2. The structure and wells and permanent fixtures, etc. constructed and made respectively on the
land by the landlord or a tenant.
3. The profit of agriculture of similar land in the locality.
4. Price of crops and commodities in the locality.
5. The improvement made in the land by the landlord or tenant.
6. Assessment payable in respect of the land.

SALE OF LAND FOR BONAFIDE INDUSTRIAL PURPOSE PERMITTED IN CERTAIN CASES – SECTION 63AA
 This provision was inserted in 1997 by Act number Gujarat 7/1997.
 It suggests that prior permission under section 63 is not required for the sale of agricultural land or
for agreement for sale of agricultural land in favour of non-agriculturalist subject to the buyer should
use land for a bonafide industrial purpose then such person can purchase agricultural land without
prior permission of Section 63 subject to
1. The land is not situated within urban agglomeration as defined in Urban Land Ceiling Act.
2. Where the area of land proposed to be purchased or sold exceed 10 hectares than the purchaser
should obtain a previous permission of industrial commissioner, Gujarat State or such other
officer as the State Government may by an order in writing.
3. Where the area of land proposed to be purchased or sold shall not exceed 4 times the area on
which construction for bonafide industrial purpose is proposed to be made by the purchase.
4. Where the land proposed to be purchased is owned by person belonging to the scheduled tribe.
 If any non-agriculturalist purchase an agricultural land in pursuance of the provision of this Section
63AA then the purchaser shall within 30 days from the date of purchase of a land for a bonafide
purpose send a notice of such purchase in prescribed form to the collector and a copy of such notice
shall also be sent to the Mamlatdar. If purchaser fails to send such notice to the collector within the
period of 30 days from the date of purchase, he shall be liable to pay a fine not exceeding 2000 in
addition to non-agricultural assessment leviable.
 Once notice is sent to the collector, the collector shall hold inquiry as he deems fit and if he is satisfied
the purchase shall purchase the land. The collector shall issue a certificate to that effect to the
purchaser. If collector is not satisfied the purchase of agricultural land shall be deemed without prior
permission under Section 63.
 If Collector does issue a certificate the purchaser or aggrieved party can go for appeal to the State
Government or to such an officer appointed by the order of state Government and after hearing the
party will pass such order as deems fit.
 This provision also suggests that the purchaser shall also comply with the provisions of any law or
any order or direction of the Central Government or a State Government or a Corporation, Local
Authority in relations to the use of the land for industrial purpose before the land is put to use for
such purpose.

FAMILY LAW NOTES – BY FR. LAWRENCE RODRIGUES - 35

FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
  This provision also suggests that the purchaser shall commence industrial activities on such land
within 3 years from the date of certificate issued by the Collector and commence production goods
and services within 5 years from the date of issuance of this certificate. The date may be extended
by the State Government if the purchaser makes an application depending on circumstances. If it is
not done then the collector will hold an inquiry and if the purchaser has failed to comply with the
provision then the land shall vest in the Government free from all encumbrances and the collector
shall decide the compensation to be payable to the purchaser for the purchase price paid and it will
be disposed off by the State Government having regard to the use of the land.
 Bonafide industrial activities means manufacture, preservation, procession of goods, any handicraft,
industrial business, enterprise, godown, canteen, office building, etc.

18. DISCUSS IF A PERSON DESIRES TO CONSTRUCT WATER COURSE TO TAKE WATER THROUGH A LAND
BELONGING TO ANOTHER PERSON, WHAT IS REMEDY AVAILABLE TO HIM. ALSO STATE THE EFFECT TO
TENANT FAILING TO KEEP WATER COURSE IN GOOD REPAIR UNDER THE BOMBAY TENANCY AND
AGRICULTURAL LANDS ACTS, 1948.
A. SECTION – 66A: CONSTRUCT WATER COURSE TO TAKE WATER THROUGH A LAND BELONGING TO
ANOTHER PERSON
 This provision of 66A to 66D has been added by amendment in 1956 by Act No. 15/56.
 Section 66A provides for a construction of watercourse through land of another. If any person desires
to construct a water course for taking water for the purpose of agriculture from a source of water to
which he is entitled and such construction of water course is to be construed through any land which
belongs to another or is in possession of another and if there is no private agreement for such
construction of water course between him and the neighboring holder than person desiring to
construct water course may make an application to the Mamlatdar in prescribed form and on the
receipt of such application the Mamlatdar, after giving opportunity of hearing the neighboring holder
and all other interested persons in the land about any objection and if Mamlatdar is satisfied that for
ensuring the full and efficient use for agriculture of a land of the applicant, it is necessary to construct
the water course through neighboring holder of land than Mamlatdar may by an order directing the
neighboring holder to permit to construct the water course on following condition:
1. Watercourse shall be constructed through such land in such direction and manner as agreed
upon the parties.
2. If the water course consists of pipe and the pipe shall be laid at a depth not less than one foot
and half from the surface of the land.
3. If the water course consists of canal then such canal shall not exceed five fit in breadth.
4. The applicant shall pay the compensation to the neighboring holder for any damage cause by the
reason of construction of water course due which it affect the land of neighboring holder and
annual rent as any be reasonably decided by the Mamlatdar.
5. The applicant shall maintain the water course in fit state of repairs.
6. An all other conditions as the Mamlatdar may think fit to impose.
 The order of Mamlatdar also direct that how the amount of compensation shall be payable to the
neighboring holder or all person interested.
 This provision also provides that after passing the order by the Mamlatdar, the applicant has to
execute agreement in respect of the above conditions as laid down in the order of the Mamlatdar
and then after such person or his duty authorized agents shall be allowed to enter in the land of
neighboring holder for the purpose of constructing water course.

FAMILY LAW NOTES – BY FR. LAWRENCE RODRIGUES - 36

FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 SECTION – 66B: FAILURE TO PAYMENT AND TO KEEP WATER COURSE IN GOOD REPAIR.
 This provision of 66B provides that fi the applicant fails to comply any of the above conditions or if
the applicant fails to pay compensation or amount of rent, it shall be recovered as arrears of land
revenue
 And if applicant fails to maintain water course by repairs, he shall be liable to pay compensation
which shall be determined by the Mamlatdar.

SECTION – 66C: REMOVAL OR DISCONTINUANCE OF WATER COURSE

 This provision of 66C provides that if the person desires to remove or discontinue the water course
constructed by him under the provision of section 66A he may do so after giving notice to the
Mamlatdar and the neighboring holder.
 In the event of removal or discontinuance of such water course, the person taking the water shall fill
in and reinstate the land at his own cost with the least practicable delay. If he fails to do so, the
neighboring holder may apply to the Mamlatdar who shall require such person to fill in and reinstate
the land.

SECTION – 66D: NEIGHBORING HOLDER ENTITLED TO USE SURPLUS WATER ON PAYMENT OF RATE.
 This provision of 66D provides that neighboring holder or any person on his behalf shall have a right
to use any surplus water from such water course on the payment of such rates which shall be agreed
by the parties and if such rates are not agreed by the parties, the same shall be determined by the
Mamlatdar.
 If a dispute arises whether there is surplus water in watercourse or there is no surplus water in
watercourse, the same shall be determined by the Mamlatdar and the decision of the Mamlatdar
shall be final and binding on the parties.

19. WRITE SHORT NOTE ON APPEAL AND REVISION UNDER GUJARAT TENANCY AND AGRICULTURAL
LANDS ACTS 1948.
A. SECTION 74: APPEALS
 This provision suggests that an appeal shall lie before the Collector against order passed by
Mamlatdar and Tribunal as sections: 4, 9, 9A, 10, 13, 17, 19, 20, 23, 25, 29, 32(1B and 2), 32G, 32K,
32M or 32O, 32T(4), 33, 34, 37, 39, 41, 43A(3), 43B, 64, V-A, 84A, 85A, 88C.
 Such appeal shall also lie before Assistant/Dy. Collector because a designation has been incorporated
in word ‘Collector’.
 Such appeal shall lie within 60 days from the date of order.
 Every appeal shall be made in form of petition and addressed to the Collector and shall be drawn up
in respectful language and also bear signature or thumb mark of the appellant or his duly authorized
agent.
 Every appeal shall specify names and addresses of the parties to the appeal (appellant and opponent)
and shall be given to the Collector personally or be forwarded to him by Regt. Post.
 Every such appeal shall be accompanied by the order of Mamlatdar or Tribunal and such order shall
be either original or certified copy thereof.
 If limitation period of 60 days is over then such appeal shall be preferred with delay condone
application and such delay condone application must state the sufficient grounds to condone delay
as per section 5 of Limitation Act.
 The appellant authority after receiving the appeal shall call for the records of order from Mamlatdar
or Tribunal and issue notice of hearing to the appellant and opponent i.e. opportunity of hearing

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 shall be given to the parties to the appeal and after hearing, Collector shall either allow or dismiss
the appeal or he may remand the matter by partly allowing the appeal to the Mamlatdar or Tribunal.
 The Collector shall pass order after sufficient deliberation.

SECTION 75: APPEALS AGAINST ORDER OF COLLECTOR

 An appeal against the order of the Collector made under Section 66 may be filed to the Gujarat
Revenue Tribunal notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1957.
 In deciding the appeals the Gujarat Revenue Tribunal shall exercise all the powers which a court has
and follow the same procedure which a court follows in deciding appeals from the decree or order
of an original court under the CPC, 1908.

SECTION 76: REVISION

 Notwithstanding anything contained in the Bombay Revenue Tribunal Act, 1957 an appeal for
revision may be made to the Gujarat Revenue Tribunal constituted under the said Act against any
order of the Collector on the following grounds:
a. That the order of the Collector was contrary to law.
b. That the Collector failed to determine some material issue of law, or
c. That there was a subsection defect in following the procedure provided by this Act which has
resulted in the miscarriage of justice.
 In deciding applications under this section the Gujarat Revenue Tribunal shall follow the procedure
which may be prescribed by rules made under this Act after consultation with the Gujarat Revenue
Tribunal.

SECTION 76A: REVISIONAL POWERS OF THE COLLECTOR

 Where no appeal has been filed within the period provided for it, the Collector may, suo-moto or on
reference made in this behalf by the State Government, at any time:
a. Call for the record of any inquiry or the proceeding or any Mamlatdar or Tribunal for the purpose
of satisfying himself to the regularity of the proceedings of such Mamlatdar or Tribunal, as the
case may be, and
b. Pass such order thereon as he deems fit.
Provided that no such record shall be called for after the expiry of one year from the date of such
order and no order of such Mamlatdar or Tribunal shall be modified, annulled or reversed unless
opportunity has been given to the interested parties to appear and opportunity has been given to
the interested parties to appear and be heard.

SECTION 79: LIMITATIONS

 Every appeal or application for revision under this Act shall be filed within a period of sixty days from
the date of the order of the Mamlatdar, Tribunal, Collector.
 The provisions of Sections 4, 5, 12, 14 of the Indian Limitation Act, 1908 will apply to the filing of such
appeal or application for revision.

20. WRITE SHORT NOTE ON DISPOSAL OF LAND, TRANSFER, OR ACQUISITION OF WHICH IS INVALID -
SECTION 84(C)
 This provision was added in 1995.
 It provides for vesting lands into Government and forfeiture or purchase price.
 It also provides that if the transferor transfer agricultural land without prior permission under section
63 to non-agriculturalist then such land should be restored by the transferee within a specific time

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 by the Mamlatdar, but such land shall not vest with Government. But if the transferee fails to restore
within specified time prescribed in the order of the Mamlatdar then such transfer shall be held invalid
and land shall vest in Government and the purchase price shall also be forfeited in Government.
 This provision also suggests that if the land transferred by the landlord to the tenant of the land and
such tenant cultivating the land alongside with such land not exceeding ceiling area then Mamlatdar
shall not declare such transfer invalid if amount received by the landlord as a price of the land is
equal to or less than reasonable determined under section 63(a) and transferee pays to the
Government penalty of Rs. 1 within a period not exceeding three months or a period fixed by the
Mamlatdar or if amount received by the landlord as a purchase price of land is in excess of reasonable
price determined under section 63(a) and transferor as well as transferee pays to the Government
each a penalty equal to 1/10 of the reasonable price within a period fixed by the Mamlatdar.
 This provision also suggest that where any transfer or acquisition of any land made on or after the
commencement of amending act 1955, the Mamlatdar either suo moto or on an application of any
person interested in the land, initiate the proceedings under this provision subject to the Mamlatdar
should have a reason to believe that such transfer or acquisition is or become invalid under the
provision of this Act. The Mamlatdar shall issue a notice and hold an inquiry and decide whether the
transfer or acquisition is or is not valid. He will declare it invalid and issue a ‘show cause notice’ and
the inquiry shall be a formal inquiry Mamlatdar and the order passed accordingly. If the transferee
and transferor should restore the land prior to the date of transfer within a period of three months
from such order and the parties to the proceedings should give an undertaking in writing that within
a period of three months they shall restore the land to the position before the transfer. If parties fail
to the proceedings fail to restore the same the land shall be deemed to be vested in Government
free from all encumbrances and amount which was received by the transferor as a purchase price of
the land shall be forfeited to the State Government and same be recoverable as arrears of land
revenue.
 As far a suo moto inquiry is concern no time limit prescribe in this provision, therefore, such suo-
moto inquiry should be initiated within a reasonable time. The Hon’ble Supreme Court has held in
1997 (6) SCC page No. 71 in case of Mohamad Kavi Mohamad Amin v/s Fatimabai Ibrahim that suo
moto inquiry by Mamlatdar under section 84(c) should be initiated within a reasonable time where
no time limit is prescribed for exercise of a power under a statue it does not mean that it be exercised
at any time, such power has to be exercised within a reasonable time. Our Hon’ble Gujarat High Court
has held in 1994(1) GLR Page NO. 822 that it is a settled principle of law that suo moto powers have
to be exercised within a reasonable time and reasonable time would be one year from the date of
knowledge or an order. If such powers exercised and proceedings initiated after five years then it
cannot be said as within a reasonable time. This provision do not provide eviction of transferee if the
transfer declared invalid and therefore as soon as a transfer declares invalid and transferee fails to
restore the land into a position before the transfer then land shall be vested in Government and
transferee continues in possession shall be unauthorized and government shall initiate proceedings
under section 84 of this Act for summary eviction of such transferee.
 This provision suggests that as soon as land shall vest in Government the same shall be disposed of
in the following order of priority:
a. To the tenant in actual possession of the land if landlord transfer land to a tenant by taking more
price as determined under section 63(A).
b. Cooperative farming society, the member of which are agricultural labour, landless person or a
small holder.
c. Agricultural labourer.
d. Small holder.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 e. Landless person.
f. Co-operative farming society of agriculturalist (other than small holder) who holds a land less in
area than an economic holding.
g. Any other co-operative farming society.
h. In priority list provided under section 32(p).

UNIT VI

21. DISCUSS WHY THE RIGHT OF FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013 WAS INTRODUCED.
A. PURPOSE, NEED OF RIGHT OF FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013
 The land acquisition Act, 1984 was a simple Law for acquisition of Land for public purpose and for
companies. In this Act there were various problems, such as:
a. Land of the landowner can be acquired by the Government against the wish of the landowner.
b. Does not provide Rehabilitation and Resettlement of affected person/family whose land has
been acquired or loser of livelihood of affected person/family by such acquisition.
c. Amount of compensation payable to the landowner is also not adequate amount and as land of
landowner has to give their land against their wish, they lose their fertile land also therefore
landowner suffer loss to their agricultural livelihood.
d. In Land Acquisition Act of 1894 the expression ‘public purpose’ is very wide and it was necessary
to redefine the same to restrict the scope for acquisition of land for strategic purposes vital to
the State and also for infrastructural projects for the benefit of the general public.
e. Provisions of Land Acquisition Act of 1894 used for acquiring private land for companies and due
to that questions arises on desirability interventions when land could be arranged/procured by
companies through private negotiations on the basis of willing of seller and willing of buyer.
f. Issue of food security arises due to acquisition of irrigated land.
g. Act of 1894 do not contain no options for Government to acquire land by way of Lease which has
less emotional resistance against compulsory acquisition by way of outright purchase.
 Due to these above mentioned factors, defects, there was agitation from the general public against
the acquisition of the land therefore with a view to provide just and fair compensation and to make
adequate provision for Rehabilitation and Resettlement to the affected person and their families,
the legislature had to repeal the Land Acquisition Act of 1894 and new LARR Act, 2013 has been
enacted.

THE AIM OF THE ACT

 This Act has been enacted 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 industrialization, development of essential infrastructural facilities
and urbanization 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.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
  Under this New Act landowner can get comprehensive compensation of their acquired land and
therefore market value of the land shall be calculated scientifically.
 This Act provides a much better and larger compensation package to landowners in respect of
Acquisition of their land and market value as on date of preliminary notification to be considered.
 It also provides that a land situated in urban area, compensation to be given 2 times of market value
i.e. double amount, while in case of land situated in Rural Areas, compensation to be given 1 times
of Market Value plus 100% solatium and amount of value of Assets attached to the land.
 It also provides for land loser, loser of livelihood and as far as relief for loser of livelihood is concerned
then:
a. Subsistence allowance Rs. 3000 per month to be given to the affected family for one year.
b. Affected family have an option to choose any one of the following:
1. Job to any member of affected family if project creates job.
2. Rs. 50,000.
3. Annuity Rs. 3000 per month.
c. Rs. 50,000 transportation cost.
d. One time resettlement allowance Rs. 50,000.
e. If house is lost in Rural Area, constructed house shall be given as per Indira Awas Yogjana
specification. And if any affected family in Rural Area prefers to have cost of house, the equivalent
cost of house may be offered in lieu of constructed house.
f. If house is lost in Urban Area, constructed house not less than 50 sq. mts plinth area shall be
provided. An if any affected family in Urban Area not willing to take house so offered to them,
than such family shall get one time financial assistance for house construction which shall not be
less than 1,50,000.
 This Act also provides that, land acquired by the Government for public purpose and Government shall
control the land directly, consent of landowner shall not require but when appropriate Government
acquires lands for private company, consent of at least 80% of the project affected family require to be
obtained prior to start procedure for acquisition of land for private company by the government and in
case of public private project, consent of 75% of the affected family required to be obtained in respect
of acquisition process.
 The Act also provides for urgency clause and it can be invoked only for national defense, national
security, emergencies arises out of natural calamity or any other emergency with approval of
parliament.
 This Act also provides that no land shall be acquired without social impact assessment study as provided
u/s 4 - 9 of this Act.
 Further non irrigated multi cropped land shall be acquired except in exceptional circumstances.
 This Act provides for provision of reference against collectors award and such reference application shall
be made within 30 days before LARR authority which is formed under this Act.
 This Act also provides that if a land acquired under this Law remains unutilized for a period of 5 years
from the date of taking possession, the same shall be returned to the original owner or their legal heirs
as the case may be or to the land band of appropriate Government by reversion in the manner as may
be prescribed by the appropriate Government.
 This Act also provides exemption of Income tax in certain cases which means no income tax or stamp
duty shall be levied on any award or agreement made under this Act except land purchased by private
company through negotiation.
 Appropriate Government cannot acquire land without social impact assessment an appraisal of SIA
study by expert groups.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 Appropriate Government can use compulsory acquisition provision under this Act only for Government
projects and PSU projects which involve public purpose and compulsory acquisition provision shall not
be used for acquiring land by government for private sector companies unless it shall be for Public
purpose project or for public purpose.

22. DISCUSS THE APPLICATION OF THE RIGHT OF FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.
A. APPLICATION OF THE ACT
1. The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement,
shall apply, when the appropriate Government acquires land for its own use, hold and control,
including for Public Sector Undertakings and for public purpose, and shall include the following
purposes, namely:
a. 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; or
b. for infrastructure projects, which includes the following, namely:
(i) all activities or items listed in the notification of the Government of India in the Department
of Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated the 27th March,
2012, excluding private hospitals, private educational institutions and private hotels;
(ii) projects involving 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, set up or owned by the appropriate Government or by a farmers'
cooperative or by an institution set up under a statute;
(iii) project for industrial corridors or mining activities, national investment and manufacturing
zones, as designated in the National Manufacturing Policy;
(iv) project for water harvesting and water conservation structures, sanitation;
(v) project for Government administered, Government aided educational and research schemes
or institutions;
(vi) project for sports, health care, tourism, transportation or space programme;
(vii) any infrastructure facility as may be notified in this regard by the Central Government and
after tabling of such notification in Parliament;
c. project for project affected families;
d. project for housing for such income groups, as may be specified from time to time by the
appropriate Government;
e. project for planned development or the improvement of village sites or any site in the urban areas
or provision of land for residential purposes for the weaker sections in rural and urban areas;
f. project for residential purposes to the poor or landless or to persons residing in areas affected by
natural calamities, or to persons displaced or affected by reason of the implementation of any
scheme undertaken by the Government, any local authority or a corporation owned or controlled
by the State.
2. The provisions of this Act relating to land acquisition, consent, compensation, rehabilitation and
resettlement, shall also apply, when the appropriate Government acquires land for the following
purposes, namely:
a. for public private partnership projects, where the ownership of the land continues to vest with
the Government, for public purpose as defined in sub-section (1);
b. for private companies for public purpose, as defined in sub-section (1): Provided that in the case
of acquisition for

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 (i) private companies, the prior consent of at least eighty per cent, of those affected families,
as defined in sub-clauses (i) and (v) of clause (c) of section 3; and
(ii) public private partnership projects, the prior consent of at least seventy per cent. of those
affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3, shall be
obtained through a process as may be prescribed by the appropriate Government: Provided
further that the process of obtaining the consent shall be carried out along with the Social
Impact Assessment study referred to in section 4: Provided also that no land shall be
transferred by way of acquisition, in the Scheduled Areas in contravention of any law
(including any order or judgment of a court which has become final) relating to land transfer,
prevailing in such Scheduled Areas.
3. The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases
where,
a. a private company purchases land, equal to or more than such limits in rural areas or urban areas,
as may be prescribed by the appropriate Government, through private negotiations with the
owner of the land in accordance with the provisions of section 46;
b. a private company requests the appropriate Government for acquisition of a part of an area so
prescribed for a public purpose: Provided that where a private company requests the appropriate
Government for partial acquisition of land for public purpose, then, the rehabilitation and
resettlement entitlements under the Second Schedule shall be applicable for the entire area
which includes the land purchased by the private company and acquired by the Government for
the project as a whole.

23. DISCUSS THE DEFINITIONS AS IN RIGHT OF FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013.
A. DEFINITION OF AFFECTED FAMILY. It includes
1. a family whose land or other immovable property has been acquired;
2. 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;
3. the Scheduled Tribes and other traditional forest dwellers who have lost any of their forest rights
recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 (2 of 2007) due to acquisition of land;
4. 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;
5. 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;
6. 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;

DEFINITION OF APPROPRIATE GOVERNMENT. It includes

1. in relation to acquisition of land situated within the territory of, a State, the State Government;
2. in relation to acquisition of land situated within a Union territory (except Puducherry), the Central
Government;

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 3. in relation to acquisition of land situated within the Union territory of Puducherry, the Government
of Union territory of Puducherry;
4. 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
5. 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;

DEFINITION OF COST OF ACQUISITION. It includes

1. 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;
2. demurrage to be paid for damages caused to the land and standing crops in the process of
acquisition;
3. cost of acquisition of land and building for settlement of displaced or adversely affected families;
4. cost of development of infrastructure and amenities at the resettlement areas;
5. cost of rehabilitation and resettlement as determined in accordance with the provisions of this Act;
6. 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;
7. Cost of undertaking Social impact Assessment study.

DEFINITION OF PERSON INTERESTED. It includes

1. all persons claiming an interest in compensation to be made on account of the acquisition of land
under this Act;
2. the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognized
under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 (2 of 2007);
3. a person interested in an easement affecting the land;
4. persons having tenancy rights under the relevant State laws including share-croppers by whatever
name they may be called; and
5. any person whose primary source of livelihood is likely to be adversely affected;

24. WRITE SHORT NOTES ON SOCIAL IMPACT ASSESSMENT STUDY.

WRITE SHORT NOTE ON APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY EXPERT GROUP.
A. SOCIAL IMPACT ASSESSMENT
Social Impact Assessment has two parts or the determination of social impact and public purpose:
1. Preliminary investigation for determination of social impact and public purpose
2. Appraisal of social impact assessment report by an expert group
1. Preliminary investigation for determination of social impact and public purpose
 Section 4: Preparation of Social Impact Assessment study.
1. Whenever the appropriate Government intends to acquire land for a public purpose, it shall
consult the concerned Panchayat, Municipality or Municipal Corporation, as the case may be,

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 at village level or ward level, in the affected area and carry out a Social Impact Assessment
study in consultation with them, in such manner and from such date as may be specified by
such Government by notification.
2. The notification issued by the appropriate Government for commencement of consultation
and of the Social Impact Assessment study under sub-section (1) shall be made available in the
local language to the Panchayat, Municipality or Municipal Corporation, as the case may be,
and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and
shall be published in the affected areas, in such manner as may be prescribed, and uploaded
on the website of the appropriate Government: Provided that the appropriate Government
shall ensure that adequate representation has been given to the representatives of Panchayat,
Gram Sabha, Municipality or Municipal Corporation, as the case may be, at the stage of
carrying out the Social Impact Assessment study: Provided further that the appropriate
Government shall ensure the completion of the Social Impact Assessment study within a
period of six months from the date of its commencement.
3. The Social Impact Assessment study report referred to in sub-section (1) shall be made
available to the public in the manner prescribed under section 6.
4. The Social Impact Assessment study referred to in sub-section (1) shall, amongst other
matters, include all the following, namely:
a. assessment as to whether the proposed acquisition serves public purpose;
b. estimation of affected families and the number of families among them likely to be
displaced;
c. extent of lands, public and private, houses, settlements and other common properties likely
to be affected by the proposed acquisition;
d. whether the extent of land proposed for acquisition is the absolute bare- minimum extent
needed for the project;
e. whether land acquisition at an alternate place has been considered and found not feasible;
f. study of social impacts of the project, and the nature and cost of addressing them and the
impact of these costs on the overall costs of the project vis-a-vis the benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be carried out
simultaneously and shall not be contingent upon the completion of the Social Impact
Assessment study.
5. While undertaking a Social Impact Assessment study under sub-section (1), the appropriate
Government shall, amongst other things, take into consideration the impact that the project
is likely to have on various components such as livelihood of affected families, public and
community properties, assets and infrastructure particularly roads, public transport, drainage,
sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing
land, plantations, public utilities such as post offices, fair price shops, food storage godowns,
electricity supply, health care facilities, schools and educational or training facilities,
anganwadis, children parks, places of worship, land for traditional tribal institutions and burial
and cremation grounds.
6. The appropriate Government shall require the authority conducting the Social Impact
Assessment study to prepare a Social Impact Management Plan, listing the ameliorative
measures required to be undertaken for addressing the impact for a specific component
referred to in sub-section (5), and such measures shall not be less than what is provided under
a scheme or programme, in operation in that area, of the Central Government or, as the case
may be, the State Government, in operation in the affected area.

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  Section 5. Public hearing for Social Impact Assessment.
Whenever a Social Impact Assessment is required to be prepared under section 4, the appropriate
Government shall ensure that a public hearing is held at the affected area, after giving adequate
publicity about the date, time and venue for the public hearing, to ascertain the views of the
affected families to be recorded and included in the Social Impact Assessment Report.

 Section 6: Publication of Social Impact Assessment study.

(1) The appropriate Government shall ensure that the Social Impact Assessment study report and
the Social Impact Management Plan referred to in sub-section (6) of section 4 are prepared
and made available in the local language to the Panchayat, Municipality or Municipal
Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional
Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may
be prescribed, and uploaded on the website of the appropriate Government.
(2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact
Assessment report shall be made available to the Impact Assessment Agency authorised by
the Central Government to carry out environmental impact assessment: Provided that, in
respect of irrigation projects where the process of Environment Impact Assessment is required
under the provisions of any other law for the time being in force, the provisions of this Act
relating to Social Impact Assessment shall not apply.

2. Appraisal of social impact assessment report by an expert group

 Section 7: Appraisal of Social Impact Assessment report by an Expert Group.
(1) The appropriate Government shall ensure that the Social Impact Assessment report is
evaluated by an independent multi-disciplinary Expert Group, as may be constituted by it.
(2) The Expert Group constituted under sub-section (1) shall include the following, namely:
a. two non-official social scientists;
b. two representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation,
as the case may be;
c. two experts on rehabilitation; and
d. a technical expert in the subject relating to the project.
(3) The appropriate Government may nominate a person from amongst the members of the
Expert Group as the Chairperson of the Group.
(4) If the Expert Group constituted under sub-section (1), is of the opinion that,
a. the project does not serve any public purpose; or
b. the social costs and adverse social impacts of the project outweigh the potential benefits,
it shall make a recommendation within two months from the date of its constitution to
the effect that the project shall be abandoned forthwith and no further steps to acquire
the land will be initiated in respect of the same: Provided that the grounds for such
recommendation shall be recorded in writing by the Expert Group giving the details and
reasons for such decision: Provided further that where the appropriate Government,
inspite of such recommendations, proceeds with the acquisition, then, it shall ensure that
its reasons for doing so are recorded in writing.
(5) If the Expert Group constituted under sub-section (1), is of the opinion that,
a) the project will serve any public purpose; and
b) the potential benefits outweigh the social costs and adverse social impacts, it shall make
specific recommendations within two months from the date of its constitution whether
the extent of land proposed to be acquired is the absolute bare-minimum extent needed

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 for the project and whether there are no other less displacing options available: Provided
that the grounds for such recommendation shall be recorded in writing by the Expert
Group giving the details and reasons for such decision.
(6) The recommendations of the Expert Group referred to in sub-sections (4) and (5) shall be
made available in the local language to the Panchayat, Municipality or Municipal
Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional
Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as
may be prescribed and uploaded on the website of the appropriate Government.

 Section 8: Examination of proposals for land acquisition and Social Impact Assessment report
by appropriate Government.
(1) The appropriate Government shall ensure that
(a) there is a legitimate and bona fide public purpose for the proposed acquisition which
necessitates the acquisition of the land identified;
(b) the potential benefits and the public purpose referred to in clause (a) shall outweigh the
social costs and adverse social impact as determined by the Social Impact Assessment
that has been carried out;
(c) only the minimum area of land required for the project is proposed to be acquired;
(d) there is no unutilised land which has been previously acquired in the area;
(e) the land, if any, acquired earlier and remained unutilized, is used for such public purpose
and make recommendations in respect thereof.
(2) The appropriate Government shall examine the report of the Collector, if any, and the report
of the Expert Group on the Social Impact Assessment study and after considering all the
reports, recommend such area for acquisition which would ensure minimum displacement
of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact
on the individuals affected.
(3) The decision of the appropriate Government shall be made available in the local language to
the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of
the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in
the affected areas, in such manner as may be prescribed, and uploaded on the website of
the appropriate Government: Provided that where land is sought to be acquired for the
purposes as specified in sub-section (2) of section 2, the appropriate Government shall also
ascertain as to whether the prior consent of the affected families as required under the
proviso to sub-section (2) of section 2, has been obtained in the manner as may be
prescribed.

 Section 9. Exemption from Social Impact Assessment.

Where land is proposed to be acquired invoking the urgency provisions under section 40, the
appropriate Government may exempt undertaking of the Social Impact Assessment study.

25. WRITE SHORT NOTES ON PUBLICATION OF PRELIMINARY NOTIFICATION AND POWERS OF THE
OFFICERS THEREON.
A. PUBLICATION OF PRELIMINARY NOTIFICATION
 Section 11: Publication of preliminary notification and power of officers.
(1) Whenever, it appears to the appropriate Government that land in any area is required or likely
to be required for any public purpose, a notification (hereinafter referred to as preliminary

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 notification) to that effect along with details of the land to be acquired in rural and urban areas
shall be published in the following manner, namely:
(a) in the Official Gazette;
(b) in two daily newspapers circulating in the locality of such area of which one shall be in the
regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case
may be and in the offices of the District Collector, the Sub-divisional Magistrate and the
Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha
or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous
Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be
informed of the contents of the notification issued under the said sub-section in all cases of land
acquisition at a meeting called especially for this purpose.
(3) The notification issued under sub-section (1) shall also contain a statement on the nature of the
public purpose involved, reasons necessitating the displacement of affected persons, summary
of the Social Impact Assessment Report and particulars of the Administrator appointed for the
purposes of rehabilitation and resettlement under section 43.
(4) No person shall make any transaction or cause any transaction of land specified in the
preliminary notification or create any encumbrances on such land from the date of publication
of such notification till such time as the proceedings under this Chapter are completed: Provided
that the Collector may, on the application made by the owner of the land so notified, exempt in
special circumstances to be recorded in writing, such owner from the operation of this
subsection: Provided further that any loss or injury suffered by any person due to his wilful
violation of this provision shall not be made up by the Collector.
(5) After issuance of notice under sub-section (1), the Collector shall, before the issue of a
declaration under section 19, undertake and complete the exercise of updating of land records
as prescribed within a period of two months.

- The contents of the Notification must contain:

1. Nature of public purpose.
2. Area of land likely to be needed for public purpose.
3. Summary of the social impact assessment report.
4. Reasons for displacement of affected families.
5. All the particulars, information of administrators appointed for the purpose of
Rehabilitation and Resettlement of affected families.

- The Notification will be invalid if:

1. It is not published by the appropriate Government
2. It is not published in official gazette and in two daily newspapers – one being local
newspaper with local language.
3. It does not mention the public purpose.
4. It does not mention Area of land likely to be needed for public purpose.
5. It does not mention sociality where the land is situated.
6. It does not have Summary of the social impact assessment report.

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 7. It is not published in local language in Panchayat, Municipality or Municipal Corporation, as
the case may be.
8. It is not published in local language in the office of district collector, Dy. Collector, and
Mamlatdar as well as not uploaded in the website of the appropriate Government and at
affected area.
- The date of publication of preliminary notification is relevant for the purpose of determination
of market value of the land. It is a freezing date.
- The publication of notification is a must before initiation of proceeding for acquisition of land
and without it not land can be acquired.

 Section 12: Preliminary survey of land and power of officers to carry out survey.
For the purposes of enabling the appropriate Government to determine the extent of land to be
acquired, it shall be lawful for any officer, either generally or specially authorized by such
Government in this behalf, and for his servants and workmen,
(a) to enter upon and survey and take levels of any land in such locality;
(b) to dig or bore into the sub-soil;
(c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;
(d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if
any) proposed to be made thereon; and
(e) to mark such levels, boundaries and line by placing marks and cutting trenches and where
otherwise the survey cannot be completed and the levels taken and the boundaries and line
marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided
that no act under clauses (a) to (e) in respect of land shall be conducted in the absence of the
owner of the land or in the absence of any person authorized in writing by the owner: Provided
further that the acts specified under the first proviso may be undertaken in the absence of the
owner, if the owner has been afforded a reasonable opportunity to be present during the
survey, by giving a notice of at least sixty days prior to such survey: Provided also that no person
shall enter into any building or upon any enclosed court or garden attached to a dwelling-house
(unless with the consent of the occupier thereof) without previously giving such occupier at least
seven days‘ notice in writing of his intention to do so.

 Section 13: Payment for damage.

The officer so authorized under section 12 shall at the time of entry under section 12 pay or tender
payment for any damage caused, and, in case of dispute as to the sufficiency of the amount so paid
or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue
officer of the district, and such decision shall be final.

 Section 14. Lapse of Social Impact Assessment report.

Where a preliminary notification under section 11 is not issued within twelve months from the date
of appraisal of the Social Impact Assessment report submitted by the Expert Group under section 7,
then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be
required to be undertaken prior to acquisition proceedings under section 11: Provided that the
appropriate Government, shall have the power to extend the period of twelve months, if in its
opinion circumstances exist justifying the same: Provided further that any such decision to extend
the period shall be recorded in writing and the same shall be notified and be uploaded on the website
of the authority concerned.

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 Section 15: Hearing of objections.
(1) Any person interested in any land which has been notified under sub-section (1) of section 11,
as being required or likely to be required for a public purpose, may within sixty days from the
date of the publication of the preliminary notification, object to:
(a) the area and suitability of land proposed to be acquired;
(b) justification offered for public purpose;
(c) the findings of the Social Impact Assessment report.
(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector
shall give the objector an opportunity of being heard in person or by any person authorized by
him in this behalf or by an Advocate and shall, after hearing all such objections and after making
such further inquiry, if any, as he thinks necessary, either make a report in respect of the land
which has been notified under sub-section (1) of section 11, or make different reports in respect
of different parcels of such land, to the appropriate Government, containing his
recommendations on the objections, together with the record of the proceedings held by him
along with a separate report giving therein the approximate cost of land acquisition, particulars
as to the number of affected families likely to be resettled, for the decision of that Government.
(3) The decision of the appropriate Government on the objections made under sub-section (2) shall
be final.

- The Objections may allege that:

a. Area of land is not suitable for public place.
b. Alternate land available for the purpose for which notified land to be acquired.
c. Social impact Assessment study has not been done as per the procedure U/s 4 of this Act.
d. Finding of Social Impact Assessment report is malicious and vexatious.
e. Public hearing was not conducted at affected place after publicity about date, time, place for
hearing.
f. Appraisal was not obtained or if obtained by malicious from expert group constituted u/s 7
of this Act.
g. No justification have been given in respect of land offered for public purpose which means
justification have been not given in preliminary notification in respect to public purpose.

 Section 16: Preparation of Rehabilitation and Resettlement Scheme by the Administrator.

(1) Upon the publication of the preliminary notification under sub-section (1) of section 11 by the
Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and
undertake a census of the affected families, in such manner and within such time as may be
prescribed, which shall include —
(a) particulars of lands and immovable properties being acquired of each affected family;
(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily
dependent on the lands being acquired;
(c) a list of public utilities and Government buildings which are affected or likely to be affected,
where resettlement of affected families is involved;
(d) details of the amenities and infrastructural facilities which are affected or likely to be
affected, where resettlement of affected families is involved; and
(e) details of any common property resources being acquired.
(2) The Administrator shall, based on the survey and census under sub-section (1), prepare a draft
Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the
rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods

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 are primarily dependent on the lands being acquired and where resettlement of affected
families is involved —
(i) a list of Government buildings to be provided in the Resettlement Area;
(ii) details of the public amenities and infrastructural facilities which are to be provided in the
Resettlement Area.
(3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include
time limit for implementing Rehabilitation and Resettlement Scheme.
(4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made
known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas
or Municipalities.
(5) A public hearing shall be conducted in such manner as may be prescribed, after giving adequate
publicity about the date, time and venue for the public hearing at the affected area: Provided
that in case where an affected area involves more than one Gram Panchayat or Municipality,
public hearings shall be conducted in every Gram Sabha and Municipality where more than
twenty-five percent of land belonging to that Gram Sabha or Municipality is being acquired:
Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be in
accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled
Areas) Act, 1996 (40 of 1996).
(6) The Administrator shall, on completion of public hearing submit the draft Scheme for
Rehabilitation and Resettlement along with a specific report on the claims and objections raised
in the public hearing to the Collector.

 Section 17: Review of the Rehabilitation and Resettlement Scheme.

(1) The Collector shall review the draft Scheme submitted under sub-section (6) of section 16 by
the Administrator with the Rehabilitation and Resettlement Committee at the project level
constituted under section 45.
(2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his
suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme.

 Section 18: Approved Rehabilitation and Resettlement Scheme to be made public.

The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made
available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case
may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and
shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the
website of the appropriate Government.

 Section19: Publication of declaration and summary of Rehabilitation and Resettlement.

(1) When the appropriate Government is satisfied, after considering the report, if any, made under
sub-section (2) of section 15, that any particular land is needed for a public purpose, a
declaration shall be made to that effect, along with a declaration of an area identified as the ―
resettlement area for the purposes of rehabilitation and resettlement of the affected families,
under the hand and seal of a Secretary to such Government or of any other officer duly
authorized to certify its orders and different declarations may be made from time to time in
respect of different parcels of any land covered by the same preliminary notification irrespective
of whether one report or different reports has or have been made (wherever required).
(2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along
with declaration referred to in sub-section (1): Provided that no declaration under this sub-

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 section shall be made unless the summary of the Rehabilitation and Resettlement Scheme is
published along with such declaration: Provided further that no declaration under this sub-
section shall be made unless the Requiring Body deposits an amount, in full or part, as may be
prescribed by the appropriate Government toward the cost of acquisition of the land: Provided
also that the Requiring Body shall deposit the amount promptly so as to enable the appropriate
Government to publish the declaration within a period of twelve months from the date of the
publication of preliminary notification under section 11.
(3) In projects where land is acquired in stages, the application for acquisition itself can specify
different stages for the rehabilitation and resettlement, and all declarations shall be made
according to the stages so specified.
(4) Every declaration referred to in sub-section (1) shall be published in the following manner,
namely:
(a) in the Official Gazette;
(b) in two daily newspapers being circulated in the locality, of such area of which one shall be
in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case
may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the
Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(5) Every declaration referred to in sub-section (1) shall indicate,
(a) the district or other territorial division in which the land is situated;
(b) the purpose for which it is needed, its approximate area; and
(c) where a plan shall have been made for the land, the place at which such plan may be
inspected without any cost.
(6) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is
required for a public purpose and, after making such declaration, the appropriate Government
may acquire the land in such manner as specified under this Act.
(7) Where no declaration is made under sub-section (1) within twelve months from the date of
preliminary notification, then such notification shall be deemed to have been rescinded:
Provided that in computing the period referred to in this sub-section, any period or periods
during which the proceedings for the acquisition of the land were held up on account of any
stay or injunction by the order of any Court shall be excluded: Provided further that the
appropriate Government shall have the power to extend the period of twelve months, if in its
opinion circumstances exist justifying the same: Provided also that any such decision to extend
the period shall be recorded in writing and the same shall be notified and be uploaded on the
website of the authority concerned.

 Section 20: Land to be marked out, measured and planned including marking of specific areas.
The Collector shall thereupon cause the land, unless it has been already marked out under section
12, to be marked out and measured, and if no plan has been made thereof, a plan to be made of the
same.

 Section 21: Notice to persons interested.

(1) The Collector shall publish the public notice on his website and cause public notice to be given
at convenient places on or near the land to be taken, stating that the Government intends to

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 take possession of the land, and that claims to compensations and rehabilitation and
resettlement for all interests in such land may be made to him.
(2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed,
and require all persons interested in the land to appear personally or by agent or advocate
before the Collector at a time and place mentioned in the public notice not being less than thirty
days and not more than six months after the date of publication of the notice, and to state the
nature of their respective interests in the land and the amount and particulars of their claims to
compensation for such interests, their claims to rehabilitation and resettlement along with their
objections, if any, to the measurements made under section 20.
(3) The Collector may in any case require such statement referred to in sub-section (2) to be made
in writing and signed by the party or his agent.
(4) The Collector shall also serve notice to the same effect on the occupier, if any, of such land and
on all such persons known or believed to be interested therein, be entitled to act for persons so
interested, as reside or have agents authorized to receive service on their behalf, within the
revenue district in which the land is situated.
(5) In case any person so interested resides elsewhere, and has no such agent, the Collector shall
ensure that the notice shall be sent to him by post in letter addressed to him at his last known
residence, address of place or business and also publish the same in at least two national daily
newspapers and also on his website.

- The notice must specify the following:

a. Particulars of the land which is needed.
b. Names of owner of land and other interested persons.
c. Intention of Government to take possession of land.
d. Date, time, and place where all interested persons or their agent, advocate appear personally
before the Collector.
- After publishing the notice the person interested shall appear before the Collector either
personally or through their agent/advocate along with their claim of amount of compensation
and claim in respect of Rehabilitation and Resettlement along with objections if any regarding
measurement of land, etc. It must be in writing and with evidence.

 Section 22: Power to require and enforce the making of statements as to names and interests.
(1) The Collector may also require any such person to make or deliver to him, at a time and place
mentioned (such time not being less than thirty days after the date of the requisition), a
statement containing, so far as may be practicable, the name of every other person possessing
any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant
or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or
receivable on account thereof for three years next preceding the date of the statement.
(2) Every person required to make or deliver a statement under this section shall be deemed to be
legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45
of 1860).

 Section 23: Enquiry and land acquisition award by Collector.

On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall
proceed to enquire into the objections (if any) which any person interested has stated pursuant to a
notice given under section 21, to the measurements made under section 20, and into the value of
the land at the date of the publication of the notification, and into the respective interests of the

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 persons claiming the compensation and rehabilitation and resettlement, shall make an award under
his hand of—
(a) the true area of the land;
(b) the compensation as determined under section 27 along with Rehabilitation and Resettlement
Award as determined under section 31 and which in his opinion should be allowed for the land;
and
(c) the apportionment of the said compensation among all the persons known or believed to be
interested in the land, or whom, or of whose claims, he has information, whether or not they
have respectively appeared before him.

 Section 24: Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in
certain cases.
(1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings
initiated under the Land Acquisition Act, 1894,—
(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all
provisions of this Act relating to the determination of compensation shall apply; or
(b) where an award under said section 11 has been made, then such proceedings shall
continue under the provisions of the said Land Acquisition Act, as if the said Act has not
been repealed.
(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings
initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said
section 11 has been made five years or more prior to the commencement of this Act but the
physical possession of the land has not been taken or the compensation has not been paid the
said proceedings shall be deemed to have lapsed and the appropriate Government, if it so
chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the
provisions of this Act: Provided that where an award has been made and compensation in
respect of a majority of land holdings has not been deposited in the account of the beneficiaries,
then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land
Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.

 Section 25: Period within which an award shall be made.

The Collector shall make an award within a period of twelve months from the date of publication of
the declaration under section 19 and if no award is made within that period, the entire proceedings
for the acquisition of the land shall lapse: Provided that the appropriate Government shall have the
power to extend the period of twelve months if in its opinion, circumstances exist justifying the same:
Provided further that any such decision to extend the period shall be recorded in writing and the
same shall be notified and be uploaded on the website of the authority concerned.

 Section 26: Determination of market value of land by Collector.

(1) The Collector shall adopt the following criteria in assessing and determining the market value of
the land, namely:
(a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the
registration of sale deeds or agreements to sell, as the case may be, in the area, where the
land is situated; or
(b) the average sale price for similar type of land situated in the nearest village or nearest
vicinity area; or

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 (c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in
case of acquisition of lands for private companies or for public private partnership projects,
whichever is higher: Provided that the date for determination of market value shall be the
date on which the notification has been issued under section 11.
Explanation 1. — The average sale price referred to in clause (b) shall be determined taking
into account the sale deeds or the agreements to sell registered for similar type of area in
the near village or near vicinity area during immediately preceding three years of the year
in which such acquisition of land is proposed to be made.
Explanation 2. — For determining the average sale price referred to in Explanation 1, one-
half of the total number of sale deeds or the agreements to sell in which the highest sale
price has been mentioned shall be taken into account.
Explanation 3. — While determining the market value under this section and the average
sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for
land acquired under the provisions of this Act on an earlier occasion in the district shall not
be taken into consideration.
Explanation 4. — While determining the market value under this section and the average
sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion
of the Collector is not indicative of actual prevailing market value may be discounted for
the purposes of calculating market value.
(2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be specified
in the First Schedule.
(3) Where the market value under sub-section (1) or sub-section (2) cannot be determined for the
reason that
(a) the land is situated in such area where the transactions in land are restricted by or under
any other law for the time being in force in that area; or
(b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-section
(1) for similar land are not available for the immediately preceding three years; or
(c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899) by
the appropriate authority, the State Government concerned shall specify the floor price or
minimum price per unit area of the said land based on the price calculated in the manner
specified in sub-section (1) in respect of similar types of land situated in the immediate
adjoining areas: Provided that in a case where the Requiring Body offers its shares to the
owners of the lands (whose lands have been acquired) as a part compensation, for
acquisition of land, such shares in no case shall exceed twenty-five per cent, of the value
so calculated under sub-section (1) or sub-section (2) or sub-section (3) as the case may be:
Provided further that the Requiring Body shall in no case compel any owner of the land
(whose land has been acquired) to take its shares, the value of which is deductible in the
value of the land calculated under sub-section (1): Provided also that the Collector shall,
before initiation of any land acquisition proceedings in any area, take all necessary steps to
revise and update the market value of the land on the basis of the prevalent market rate in
that area: Provided also that the appropriate Government shall ensure that the market
value determined for acquisition of any land or property of an educational institution
established and administered by a religious or linguistic minority shall be such as would not
restrict or abrogate the right to establish and administer educational institutions of their
choice.

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 THE FIRST SCHEDULE [See section 30(2)
COMPENSATION FOR LAND OWNERS

The following components shall constitute the minimum compensation package to be given to those
whose land is acquired and to tenants referred to in clause (c) of section 3 in a proportion to be decided
by the appropriate Government.
Serial Component of compensation Manner of determination of value Date of
No. package in respect of land acquired determin-
under the Act ation of
value
(1) (2) (3) (4)
1 Market value of land To be determined as provided under
section 26.
2 Factor by which the market value is 1.00 (One) to 2.00 (Two) based on the
to be multiplied in the case of rural distance of project from urban area, as
areas may be notified by the appropriate
Government.
3 Factor by which the market value is 1(One).
to be multiplied in the case of urban
areas
4 Value of assets attached to land or To be determined as provided under
building section 29
5 Solatium Equivalent to one hundred percent of
the market value of land mentioned
against serial number 1 multiplied by the
factor specified against serial number 2
for rural areas or serial number 3 for
urban areas plus value of assets attached
to land or building against serial number
4 under column (2).
6 Final award in rural areas Market value of land mentioned against
serial number 1 multiplied by the factor
specified against serial number 2 plus
value of assets attached to land or
building mentioned against serial
number 4 under column (2) plus
solatium mentioned against serial
number 5 under column (2).
7 Final award in urban areas Market value of land mentioned against
serial number 1 multiplied by the factor
specified against serial number 3 plus
value of assets attached to land or
building mentioned against serial
number 4 under column (2) plus
solatium mentioned against serial
number 5 under column (2).
8 Other component, if any, to be
included

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 THE SECOND SCHEDULE
[See sections 31(1), 38(1) and 105(3)
ELEMENTS OF REHABILITATION AND RESETTLEMENT ENTITLEMENTS FOR ALL THE AFFECTED FAMILIES (BOTH
LAND OWNERS AND THE FAMILIES WHOSE LIVELIHOOD IS PRIMARILY DEPENDENT ON LAND ACQUIRED) IN
ADDITION TO THOSE PROVIDED IN THE FIRST SCHEDULE.

Serial Elements of Entitlement/provision Whether

No. Rehabilitation provided
and or not (if
Resettlement provided,
Entitlements details to
be given)
(1) (2) (3) (4)
1 Provision of (1) If a house is lost in rural areas, a constructed house shall
housing units be provided as per the Indira Awas Yojana specifications. If a
in case of house is lost in urban areas, a constructed house shall be
displacement provided, which will be not less than 50 sq mts in plinth area.
(2) The benefits listed above shall also be extended to any
affected family which is without homestead land and which
has been residing in the area continuously for a period of not
less than three years preceding the date of notification of the
affected area and which has been involuntarily displaced
from such area: Provided that any such family in urban areas
which opts not to take the house offered, shall get a one-time
financial assistance for house construction, which shall not be
less than one lakh fifty thousand rupees: Provided further
that if any affected family in rural areas so prefers, the
equivalent cost of the house may be offered in lieu of the
constructed house: Provided also that no family affected by
acquisition shall be given more than one house under the
provisions of this Act. Explanation.–The houses in urban area
may, if necessary, be provided in multi-storied building
complexes.
2 Land for Land In the case of irrigation project, as far as possible and in lieu
of compensation to be paid for land acquired, each affected
family owning agricultural land in the affected area and
whose land has been acquired or lost, or who has, as a
consequence of the acquisition or loss of land, been reduced
to the status of a marginal farmer or landless, shall be
allotted, in the name of each person included in the records
of rights with regard to the affected family, a minimum of one
acre of land in the command area of the project for which the
land is acquired: Provided that in every project those persons
losing land and belonging to the Scheduled Castes or the
Scheduled Tribes will be provided land equivalent to land
acquired or two and a one-half acres, whichever is lower.
3 Offer for In case the land is acquired for urbanisation purposes, twenty
Developed per cent. of the developed land will be reserved and offered
Land to land owning project affected families, in proportion to the

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 area of their land acquired and at a price equal to the cost of
acquisition and the cost of development: Provided that in
case the land owning project affected family wishes to avail
of this offer, an equivalent amount will be deducted from the
land acquisition compensation package payable to it.
Choice of The appropriate Government shall ensure that the affected
Annuity or families are provided with the following options: (a) where
Employment jobs are created through the project, after providing suitable
training and skill development in the required field, make
provision for employment at a rate not lower than the
minimum wages provided for in any other law for the time
being in force, to at least one member per affected family in
the project or arrange for a job in such other project as may
be required; or (b) one time payment of five lakhs rupees per
affected family; or (c) annuity policies that shall pay not less
than two thousand rupees per month per family for twenty
years, with appropriate indexation to the Consumer Price
Index for Agricultural Labourers.
Subsistence Each affected family which is displaced from the land
grant for acquired shall be given a monthly subsistence allowance
displaced equivalent to three thousand rupees per month for a period
families for a of one year from the date of award. In addition to this
period of one amount, the Scheduled Castes and the Scheduled Tribes
year displaced from Scheduled Areas shall receive an amount
equivalent to fifty thousand rupees. In case of displacement
from the Scheduled Areas, as far as possible, the affected
families shall be relocated in a similar ecological zone, so as
to preserve the economic opportunities, language, culture
and community life of the tribal communities.
Transportation Each affected family which is displaced shall get a onetime
cost for financial assistance of fifty thousand rupees as transportation
displaced cost for shifting of the family, building materials, belongings
families and cattle.
Cattle Each affected family having cattle or having a petty shop shall
shed/Petty get one-time financial assistance of such amount as the
shops cost appropriate Government may, by notification, specify subject
to a minimum of twenty five thousand rupees for
construction of cattle shed or petty shop as the case may be.
One-time Each affected family of an artisan, small trader or self-
grant to employed person or an affected family which owned
artisan, small nonagricultural land or commercial, industrial or institutional
traders and structure in the affected area, and which has been
certain others involuntarily displaced from the affected area due to land
acquisition, shall get one-time financial assistance of such
amount as the appropriate Government may, by notification,
specify subject to a minimum of twenty-five thousand rupees.
Fishing rights In cases of irrigation or hydel projects, the affected families
may be allowed fishing rights in the reservoirs, in such
manner as may be prescribed by the appropriate
Government.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
 One-time Each affected family shall be given a one-time ―
Resettlement Resettlement Allowance of fifty thousand rupees only.
Allowance
Stamp duty (1) The stamp duty and other fees payable for registration of
and the land or house allotted to the affected families shall be
registration borne by the Requiring Body. (2) The land for house allotted
fee to the affected families shall be free from all encumbrances.
(3) The land or house allotted may be in the joint names of
wife and husband of the affected family.

 Section 27: Determination of amount of compensation.

The Collector having determined the market value of the land to be acquired shall calculate the total
amount of compensation to be paid to the land owner (whose land has been acquired) by including
all assets attached to the land.

 Section 28: Parameters to be considered by Collector in determination of award.

In determining the amount of compensation to be awarded for land acquired under this Act, the
Collector shall take into consideration—
Firstly, the market value as determined under section 26 and the award amount in accordance with
the First and Second Schedules;
Secondly, the damage sustained by the person interested, by reason of the taking of any standing
crops and trees which may be on the land at the time of the Collector's taking possession thereof;
Thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking
possession of the land, by reason of severing such land from his other land;
Fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking
possession of the land, by reason of the acquisition injuriously affecting his other property, movable
or immovable, in any other manner, or his earnings;
Fifthly, in consequence of the acquisition of the land by the Collector, the person interested is
compelled to change his residence or place of business, the reasonable expenses (if any) incidental
to such change;
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between
the time of the publication of the declaration under section 19 and the time of the Collector's taking
possession of the land; and
Seventhly, any other ground which may be in the interest of equity, justice and beneficial to the
affected families.

 Section 29: Determination of value of things attached to land or building.

(1) The Collector in determining the market value of the building and other immovable property or
assets attached to the land or building which are to be acquired, use the services of a competent
engineer or any other specialist in the relevant field, as may be considered necessary by him.
(2) The Collector for the purpose of determining the value of trees and plants attached to the land
acquired, use the services of experienced persons in the field of agriculture, forestry,
horticulture, sericulture, or any other field, as may be considered necessary by him.
(3) The Collector for the purpose of assessing the value of the standing crops damaged during the
process of land acquisition, may use the services of experienced persons in the field of
agriculture as may be considered necessary by him.

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  Section 30: Award of solatium.
(1) The Collector having determined the total compensation to be paid, shall, to arrive at the final
award, impose a ― Solatium amount equivalent to one hundred percent of the compensation
amount. Explanation — For the removal of doubts it is hereby declared that solatium amount
shall be in addition to the compensation payable to any person whose land has been acquired.
(2) The Collector shall issue individual awards detailing the particulars of compensation payable
and the details of payment of the compensation as specified in the First Schedule.
(3) In addition to the market value of the land provided under section 26, the Collector shall, in
every case, award an amount calculated at the rate of twelve per cent. per annum on such
market value for the period commencing on and from the date of the publication of the
notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect
of such land, till the date of the award of the Collector or the date of taking possession of the
land, whichever is earlier.

26. WRITE SHORT NOTES ON REHABILITATION AND RESETTLEMENT AWARD FOR AFFECTED FAMILIES BY
COLLECTOR.
A. REHABILITATION AND RESETTLEMENT AWARD FOR AFFECTED FAMILIES BY COLLECTOR
 Section 31: Rehabilitation and Resettlement Award for affected families by Collector.
(1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in
terms of the entitlements provided in the Second Schedule.
(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: Provided that in case any of the matters specified under clauses (a) to (k) are not
applicable to any affected family the same shall be indicated as ― not applicable: Provided
further that the appropriate Government may, by notification increase the rate of
rehabilitation and resettlement amount payable to the affected families, taking into
account the rise in the price index.

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 THE THIRD SCHEDULE
[See sections 32, 38(1) and 105(3)
PROVISION OF INFRASTRUCTURAL AMENITIES
For resettlement of populations, the following infrastructural facilities and basic minimum amenities are
to be provided at the cost of the Requisitioning Authority to ensure that the resettled population in the
new village or colony can secure for themselves a reasonable standard of community life and can
attempt to minimize the trauma involved in displacement. A reasonably habitable and planned
settlement would have, as a minimum, the following facilities and resources, as appropriate:

Serial Component of infrastructure amenities provided/proposed to be Details of

No. provided by the acquirer of land infrastructure
amenities
provided by
the acquirer of
land
(1) (2) (3)
1 Roads within the resettled villages and an all-weather road link to the
nearest pucca road, passages and easement rights for all the resettled
families be adequately arranged.
2 Proper drainage as well as sanitation plans executed before physical
resettlement.
3 One or more assured sources of safe drinking water for each family as
per the norms prescribed by the Government of India.
4 Provision of drinking water for cattle.
5 Grazing land as per proportion acceptable in the State.
6 A reasonable number of Fair Price Shops.
7 Panchayat Ghars, as appropriate.
8 Village level Post Offices, as appropriate, with facilities for opening
saving accounts.
9 Appropriate seed-cum-fertilizer storage facility if needed.
10 Efforts must be made to provide basic irrigation facilities to the
agricultural land allocated to the resettled families if not from the
irrigation project, then by developing a cooperative or under some
Government scheme or special assistance.
11 All new villages established for resettlement of the displaced persons
shall be provided with suitable transport facility which must include
public transport facilities through local bus services with the nearby
growth centres/urban localities.
12 Burial or cremation ground, depending on the caste- communities at
the site and their practices.
13 Facilities for sanitation, including individual toilet points.
14 Individual single electric connections (or connection through
nonconventional sources of energy like solar energy), for each
household and for public lighting.
15 Anganwadi’s providing child and mother supplemental nutritional
services.
16 School as per the provisions of the Right of Children to Free and
Compulsory Education Act, 2009 (35 of 2009);
17 Sub-health centre within two kilometres range.
18 Primary Health Centre as prescribed by the Government of India.

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 19 Playground for children.
20 One community centre for every hundred families.
21 Separate land must be earmarked for traditional tribal institutions.
22 Places of worship and chowpal/tree platform for every fifty families for
Community assembly, of numbers and dimensions consonant with the
affected area.
23 The forest dweller families must be provided, where possible, with
their forest rights on non-timber forest produce and common property
resources, if available close to the new place of settlement and, in case
any such family can continue their access or entry to such forest or
common property in the area close to the place of eviction, they must
continue to enjoy their earlier rights to the aforesaid sources of
livelihood.
24 Appropriate security arrangements must be provided for the
settlement, if needed.
25 Veterinary service centre as per norms.
NOTE – Details of each component of infrastructural amenities
mentioned under column (2) against serial numbers 1 to 25 should be
indicated by the acquirer of land under column (3).

 Section 32: Provision of infrastructural amenities in resettlement area.

In every resettlement area as defined under this Act, the Collector shall ensure the provision of all
infrastructural facilities and basic minimum amenities specified in the Third Schedule.

 Section 33: Corrections to awards by Collector.

(1) The Collector may at any time, but not later than six months from the date of award or where
he has been required under the provisions of this Act to make a reference to the Authority under
section 64, before the making of such reference, by order, correct any clerical or arithmetical
mistakes in either of the awards or errors arising therein either on his own motion or on the
application of any person interested or local authority: Provided that no correction which is
likely to affect prejudicially any person shall be made unless such person has been given a
reasonable opportunity of making representation in the matter.
(2) The Collector shall give immediate notice of any correction made in the award so corrected to
all the persons interested. (3) Where any excess amount is proved to have been paid to any
person as a result of the correction made under sub-section (1), the excess amount so paid shall
be liable to be refunded and in the case of any default or refusal to pay, the same may be
recovered, as prescribed by the appropriate Government.

 Section 34: Adjournment of enquiry.

The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to be
fixed by him.

 Section 35: Power to summon and enforce attendance of witnesses and production of documents.
For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce
the attendance of witnesses, including the parties interested of any of them, and to compel the
production of documents by the same means, and (so far as may be) in the same manner as is
provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).

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 Section 36: Power to call for records, etc.
The appropriate Government may at any time before the award is made by the Collector under
section 30 call for any record of any proceedings (whether by way of inquiry or otherwise) for the
purpose of satisfying itself as to the legality or propriety of any findings or order passed or as to the
regularity of such proceedings and may pass such order or issue such direction in relation thereto as
it may think fit: Provided that the appropriate Government shall not pass or issue any order or
direction prejudicial to any person without affording such person a reasonable opportunity of being
heard.

 Section 37: Awards of Collector when to be final.

(1) The Awards shall be filed in the Collector‘s office and shall, except as hereinafter provided, be
final and conclusive evidence, as between the Collector and the persons interested, whether
they have respectively appeared before the Collector or not, of the true area and market value
of the land and the assets attached thereto, solatium so determined and the apportionment of
the compensation among the persons interested.
(2) The Collector shall give immediate notice of his awards to such of the persons interested who
are not present personally or through their representatives when the awards are made.
(3) The Collector shall keep open to the public and display a summary of the entire proceedings
undertaken in a case of acquisition of land including the amount of compensation awarded to
each individual along with details of the land finally acquired under this Act on the website
created for this purpose.

 Section 38: Power to take possession of land to be acquired.

(1) The Collector shall take possession of land after ensuring that full payment of compensation as
well as rehabilitation and resettlement entitlements are paid or tendered to the entitled
persons within a period of three months for the compensation and a period of six months for
the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule
commencing from the date of the award made under section 30: Provided that the components
of the Rehabilitation and Resettlement Package in the Second and Third Schedules that relate
to infrastructural entitlements shall be provided within a period of eighteen months from the
date of the award: Provided further that in case of acquisition of land for irrigation or hydel
project, being a public purpose, the rehabilitation and resettlement shall be completed six
months prior to submergence of the lands acquired.
(2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process
is completed in all its aspects before displacing the affected families.

 Section 39: Additional compensation in case of multiple displacements.

The Collector shall, as far as possible, not displace any family which has already been displaced by
the appropriate Government for the purpose of acquisition under the provisions of this Act, and if so
displaced, shall pay an additional compensation equivalent to that of the compensation determined
under this Act for the second or successive displacements.

 Section 40: Special powers in case of urgency to acquire land in certain cases.
(1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no
such award has been made, may, on the expiration of thirty days from the publication of the
notice mentioned in section 21, take possession of any land needed for a public purpose and
such land shall thereupon vest absolutely in the Government, free from all encumbrances.

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 (2) The powers of the appropriate Government under sub-section (1) 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:
Provided that the Collector shall not take possession of any building or part of a building under
this sub-section without giving to the occupier thereof at least forty-eight hours’ notice of his
intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier
to remove his movable property from such building without unnecessary inconvenience.
(3) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall
tender payment of eighty percent of the compensation for such land as estimated by him to the
person interested entitled thereto.
(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions
of sub-section (1), sub-section (2) or sub-section (3) are applicable, the appropriate Government
may direct that any or all of the provisions of Chapter II to Chapter VI shall not apply, and, if it
does so direct, a declaration may be made under section 19 in respect of the land at any time
after the date of the publication of the preliminary notification under sub-section (1) of section
11.
(5) An additional compensation of seventy-five per cent. of the total compensation as determined
under section 27, shall be paid by the Collector in respect of land and property for acquisition
of which proceedings have been initiated under sub-section (1) of this section: Provided that no
additional compensation will be required to be paid in case the project is one that affects the
sovereignty and integrity of India, the security and strategic interests of the State or relations
with foreign States.

 Section 41: Special provisions for Scheduled Castes and Scheduled Tribes.
(1) As far as possible, no acquisition of land shall be made in the Scheduled Areas.
(2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
(3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the
concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the
appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case
may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in
case of urgency, before issue of a notification under this Act, or any other Central Act or a State
Act for the time being in force: Provided that the consent of the Panchayats or the Autonomous
Districts Councils shall be obtained in cases where the Gram Sabha does not exist or has not
been constituted.
(4) In case of a project involving land acquisition on behalf of a Requiring Body which involves
involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a
Development Plan shall be prepared, in such form as may be prescribed, laying down the details
of procedure for settling land rights due, but not settled and restoring titles of the Scheduled
Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive
together with land acquisition.
(5) The Development Plan shall also contain a programme for development of alternate fuel, fodder
and non-timber forest produce resources on non-forest lands within a period of five years,
sufficient to meet the requirements of tribal communities as well as the Scheduled Castes.
(6) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes,
at least 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.

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 (7) The affected families of the Scheduled Tribes shall be resettled preferably in the same Scheduled
Area in a compact block so that they can retain their ethnic, linguistic and cultural identity.
(8) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled
Tribes shall get land, to such extent as may be decided by the appropriate Government free of
cost for community and social gatherings.
(9) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in
disregard of the laws and regulations for the time being in force shall be treated as null and void,
and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall
be made available to the original tribal land owners or land owners belonging to the Scheduled
Castes.
(10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes
having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in
the reservoir area of the irrigation or hydel projects.
(11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are
relocated outside of the district, then, they shall be paid an additional twenty-five percent
rehabilitation and resettlement benefits to which they are entitled in monetary terms along
with a onetime entitlement of fifty thousand rupees.

 Section 42: Reservation and other benefits.

(1) 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.
(2) Whenever the affected families belonging to the Scheduled Tribes who are residing in the
Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth
Schedule to the Constitution are relocated outside those areas, than, all the statutory
safeguards, entitlements and benefits being enjoyed by them under this Act shall be extended
to the area to which they are resettled regardless of whether the resettlement area is a
Scheduled Area referred to in the said Fifth Schedule, or a tribal area referred to in the said Sixth
Schedule, or not.
(3) Where the community rights have been settled under the provisions of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the
same shall be quantified in monetary amount and be paid to the individual concerned who has
been displaced due to the acquisition of land in proportion with his share in such community
rights.

27. WRITE SHORT NOTES ON PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT
A. PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT
 Section 43: Appointment of Administrator.
(1) Where the appropriate Government is satisfied that there is likely to be involuntary
displacement of persons due to acquisition of land, then, the State Government shall, by
notification, appoint in respect of that project, an officer not below the rank of Joint Collector
or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be
the Administrator for Rehabilitation and Resettlement.
(2) The Administrator shall, with a view to enable him to function efficiently and to meet the special
time-frame, be provided with such powers, duties and responsibilities as may be prescribed by
the appropriate Government and provided with office infrastructure and be assisted by such
officers and employees who shall be subordinate to him as the appropriate Government may
decide.

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 (3) Subject to the superintendence, directions and control of the appropriate Government and the
Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring
of the Rehabilitation and Resettlement Scheme shall vest in the Administrator.

 Section 44: Commissioner for rehabilitation and resettlement.

(1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of that
Government for rehabilitation and resettlement of affected families under this Act, to be called
the Commissioner for Rehabilitation and Resettlement.
(2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and
resettlement schemes or plans and proper implementation of such schemes or plans.
(3) The Commissioner shall be responsible for the post-implementation social audit in consultation
with the Gram Sabha in rural areas and municipality in urban areas.

 Section 45: Rehabilitation and resettlement committee at project level.

(1) Where land proposed to be acquired is equal to or more than one hundred acres, the
appropriate Government shall constitute a Committee under the chairmanship of the Collector
to be called the Rehabilitation and Resettlement Committee, to monitor and review the
progress of implementation of the Rehabilitation and Resettlement scheme and to carry out
post-implementation social audits in consultation with the Gram Sabha in rural areas and
municipality in urban areas.
(2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the
appropriate Government, the following members, namely:
(a) a representative of women residing in the affected area;
(b) a representative each of the Scheduled Castes and the Scheduled Tribes residing in the
affected area;
(c) a representative of a voluntary organization working in the area;
(d) a representative of a nationalized bank;
(e) the Land Acquisition Officer of the project;
(f) the Chairpersons of the panchayats or municipalities located in the affected area or their
nominees;
(g) the Chairperson of the District Planning Committee or his nominee;
(h) the Member of Parliament and Member of the Legislative Assembly of the concerned area
or their nominees; (i) a representative of the Requiring Body; and
(i) Administrator for Rehabilitation and Resettlement as the Member-Convenor.
(3) The procedure regulating the discharge of the process given in this section and other matters
connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be
prescribed by the appropriate Government.

 Section 46: Provisions relating to rehabilitation and resettlement to apply in case of certain
persons other than specified persons.
(1) Where any person other than a specified person is purchasing land through private negotiations
for an area equal to or more than such limits, as may be notified by the appropriate
Government, considering the relevant State specific factors and circumstances, for which the
payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an
application with the District Collector notifying him of:
(a) intent to purchase;
(b) purpose for which such purchase is being made;

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 (c) particulars of lands to be purchased.
(2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction
of all relevant provisions under this Act related to rehabilitation and resettlement.
(3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per
the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and
Resettlement entitlements as per the provisions of this Act.
(4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in
full.
(5) Any purchase of land by a person other than specified persons without complying with the
provisions of Rehabilitation and Resettlement Scheme shall be void ab initio: Provided that the
appropriate Government may provide for rehabilitation and resettlement provisions on sale or
purchase of land in its State and shall also fix the limits or ceiling for the said purpose.
(6) If any land has been purchased through private negotiations by a person on or after the 5th day
of September, 2011, which is more than such limits referred to in sub-section (1) and, if the
same land is acquired within three years from the date of commencement of this Act, then, forty
percent of the compensation paid for such land acquired shall be shared with the original land
owners. Explanation.—For the purpose of this section, the expression—
(a) original land owner refers to the owner of the land as on the 5th day of September, 2011;
(b) specified persons includes any person other than — (i) appropriate Government; (ii)
Government company; (iii) association of persons or trust or society as registered under
the Societies Registration Act, 1860 (21 of 1860), wholly or partially aided by the
appropriate Government or controlled by the appropriate Government.

 Section 47: Quantification and deposit of rehabilitation and resettlement amount.

Where the Collector is of the view that the obligations of the Requiring Body with regard to
rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment
of such amount into an account in complete satisfaction of such obligations, which shall be
administered by the Administrator appointed under section 43, under the supervision of the
Collector.

28. WRITE SHORT NOTES ON OBJECTS OF THE BOMBAY PREVENTION OF FRAGMENTATION AND
CONSOLIDATION OF HOLDING ACT, 1947.
A. OBJECTS OF THE BOMBAY PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDING
ACT, 1947
 The Aim of the Act is for better cultivation.
 The objects of the Act is to provide for prevention of the fragmentation of the agricultural holding
into uneconomic blocks and the consolidation of the agricultural holding within the whole State for
the purpose of better cultivation.
 This Act falls into two separate parts:
1. Prevention of fragmentation of land.
2. Providing for a scheme of consolidation.
 The intention of the legislature was to encourage the development of agricultural cultivation and
improve the agricultural products and for this purpose, the consolidation scheme was introduced.
 The Aim of Consolidation holding scheme is:
1. To prevent land from creating into a fragment.
2. To encourage development of agriculture.
3. To improve agricultural products by allotting compact area in lieu of scattered plots.

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FOR PRIVATE CIRCULATION ONLY. ONLY FOR REVISION PURPOSE.
  The Act was enacted in 1947 and came into force from 29/1/1948 and made applicable to the State
of Gujarat after bifurcation of Maharashtra with some amendment.

29. DISCUSS FULLY WHAT IS ‘FRAGMENT’ AND ‘STANDARD AREA’. HOW BOTH ARE DETERMINED UNDER
THE BOMBAY PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDING ACT.
A. DEFINITION OF CONSOLIDATION OF HOLDINGS
 It means the amalgamation and where necessary the redistribution of holdings or portions of holding
in any village, mahal, or taluka or any part thereof so as to reduce the number of plots in holdings.

DEFINITION OF FRAGMENT
 Fragment means a plot of land of less extent than the appropriate standard area determined under
this Act.
 Provided that no plot of land shall be deemed to be a fragment by reason of any diminution in its
area by dilution.

DETERMINATION OF LOCAL AREAS

 Section 3: Determination of local areas
The Government may, after such inquiry as it deems fit, by notification in the official Gazette, specify
a village, mahal, or taluka or any part thereof as a local area for the purpose of this Act.
Village includes – a town or city and all the land belonging to the village, town or city.

DEFINITION OF STANDARD AREA AND ITS DETERMINATION

 Standard area in respect of any class of land means the area which the government may from time
to time determine under Section 5 as the minimum area necessary for profitable cultivation in any
particular area and includes a standard area revised under the said section.
 Section 4: Settlement of Standard Ares
- The Government may settle minimum area provisionally after enquiry as it deems fit and after
consultation with District Authority Committee or any other body appointed by it.
- Government shall publish a notification in the official Gazette and in such other manner in which
minimum area required to be mentioned and invites the objections within three months from the
date of publication of notification.
- The purpose of settlement of minimum area of any class of land is for cultivation of land profitably
as a separate plot.
 Section 5: Determination of Standard Area
- The Government shall after considering the objections, if any, received within three months of
the date of publication of the notification under sub-section (2) of Section 4 in the village
concerned and making such further inquiry as it may deem fit, determine the standard area for
each class of land in such local area.
- The Government may, at any time, if it deems fit expedient so to do, revise a standard area
determined under sub-section (1). Such revision shall be made in a manner laid down in Section
4 and sub-section (1).
- The Government may by notification in the Official Gazette and in such other manner as may be
prescribed, give public notice of any standard area determined under sub-section (1) or revised
under sub-section (2).
- The determination of the standard area for each land in local area, all fragments in local area shall
be entered as such in records of rights and notice of every such entry shall be given in manner of
prescribed form under relevant code.

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 - Standard area prescribed in State of Gujarat under the provision of this Act is a follows:
a. 3 acres for dry land/jirayat land.
b. 20 gunthas for paddy land/rice land, perennially irrigated land. It includes bagayat land as well
as irrigated land by water from wells, pipe lines, etc.

30. DISCUSS FULLY ‘FRAGMENT’ AND ITS VARIOUS ASPECTS UNDER THE BOMBAY PREVENTION OF
FRAGMENTATION AND CONSOLIDATION OF HOLDING ACT. (SECTIONS 6 TO 14)
A. DEFINITION OF FRAGMENT
 Fragment means a plot of land of less extent than the appropriate standard area determined under
this Act.
 Provided that no plot of land shall be deemed to be a fragment by reason of any diminution in its
area by dilution.

ENTRY OF RECORDS – SECTION 6

 On determination of standard area, the same shall be published in the notification in Official
Gazette and all fragment land i.e. land less than extent to the standard area, shall be entered in
records of rights.
 It means that the mutation entry shall be posted and certified by following due procedure prescribed
under BLR Code in respect of fragments land and where there is no Record of Rights, fragments shall
be entered in village record as the State Government may prescribe.
 Notice of every entry shall be made in the manner prescribed for the giving of notice of an entry in
the register of mutation.

TRANSFER OR LEASE OF FRAGMENT – SECTION 7

 No person shall transfer any fragment in respect of which notice has been given under sub-section
(2) of section 6 except to the owner of a contiguous survey number or recognize sub-division a survey
number. Provided that the holder of such fragment may mortgage or transfer it to the State
Government or a mortgage bank, or any other co-operative society as security for any loan advanced
to him by the State Government or such bank or society as the case may be.
 No person shall lease any fragment to any person other than a person cultivating a contiguous land.
 If any fragment is transferred or leased to a person who is not an owner or cultivating contiguous
land than such transfer is void and collector can initiate proceedings under section 9 but period of
limitation of such proceeding has not prescribed therefore if such proceeding initiated beyond
reasonable period of time it would not be proper but Gujarat HC has held in 1992(1) GLH on page
no. 14 that the land was transferred on 1/7/1964 and collector initiated the proceedings and
declared the transaction void on 8/1/1979. It was held that delay in exercise of power by the collector
cannot validate the transaction which is void ab initio.
 As far as contiguous land is concerned the Gujarat HC has held in 1997 GLR on page 910 that
contiguous means just across the narrow road particular land and there is no other land which
immediately adjoins or touches the land in question.

FRAGMENTATIONS PROHIBITED – SECTION 8

 No land in any local area shall be retransferred or partitioned so as to create a fragment.
 E.g. A is a owner of land which is not a fragment and transfers some portion of such land by which
remaining portion shall become a fragment, than such transfer is prohibited by section 8.
 This is in view of joint families where in the course of time they might partition the land and thereby
create smaller parts which ultimately would be useless for cultivation.

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 Transfer of undivided share in agricultural land in favor of co-share is not said to be transfer of
fragment land and such transfer of undivided share is not hit by section 8 of this Act.

RESTRICTION ON PARTITION OF LAND – SECTION 8AA

 Where by transfer, decree, succession or otherwise, two or more persons are entitled to shares in
an undivided agricultural land in any local area for which standard areas have been fixed, and the
land has to be portioned among them, such partition shall be effected so as not to create a fragment.
 Where such partition is made by the Court or the Collector the following procedure shall be adopted:
a) If, in effecting a partition among several co-sharers, it is found that a co-sharer is entitled to a
specific share in the land and cannot be given that share without creating a fragment, he shall
be compensated in money for that share. The amount of compensation shall be determined so
far as practicable in accordance with the provisions of section 23 of the Land Acquisition Act,
1894.
b) If, in effecting a partition, it is found that there is not enough land to provide for the shares all
the co-sharers in accordance with provisions of sub-section (1), the co-sharers may agree among
themselves as to the particular co-sharer or co-sharers who should get the share of land and
which of them should be compensated in money. In the absence of any such agreement, the
co-sharers to whom a share of land can be provided and those to whom money compensation
should be given shall be chosen by lot in the manner prescribed.
c) The compensation shall be payable by each co-sharer in proportion to the excess value of land
he gets over the share of land legally due to him, and such co-sharer shall deposit the
proportionate amount of compensation in the manner prescribed before taking possession of
the share allotted to him. On his failure to do so, his share shall be allotted to any other co-
sharer to whom land has not been previously allotted and who is chosen in the manner provided
in clause (b) subject to the payment of similar compensation to the co-sharers not getting shares
of land.
d) If none of the co-sharers to whom land has been allotted under clause (c) pays the
compensation and takes the share, the share shall be sold in auction to the highest bidder, and
the purchase money shall be paid to the co-sharers not getting land in proportion to their
respective shares.
e) Where the parties agree upon any other method of partition which will not result in the creation
of a fragment, that method shall be followed in effecting partition.
 Where a partition is effected in execution of a decree all questions relating to the partition of the
land and apportionment of compensation shall be decided by the Court executing the decree or by
the Collector effecting the partition, as the case may be, in accordance with the provisions of sub-
section(2).

PENALTY FOR TRANSFER OR PARTITION CONTRARY TO PROVISIONS OF ACT

 As this is adjudicatory process the Collector has to follow the principles of natural justice.
 The transfer or partition of any land contrary to the provisions of this Act shall be void.
 The owner of any land so transferred or partitioned shall be liable to pay such fine not exceeding Rs.
250 as the Collector may, subject to the general orders of the State Government, direct. Such fine
shall be recoverable as an arrear of land revenue.
 Any person unauthorizedly occupying or wrongfully in possession of, any land, the transfer or
partition of which, either by the Act of parties or by the operation of law, is void under the provisions
of this Act may be summarily evicted by the Collector.

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 TRANSFER OF FRAGMENT TO GOVERNMENT
(1) Any owner of a fragment may transfer it to the State Government on payment by the State
Government of such compensation to persons possessing interest therein as the Collector may
determine and thereupon the fragment shall vest absolutely in the State Government free from all
encumbrances but no such fragment shall be transferred to the State Government unless it is first
offered to the owner of a contiguous survey number or recognized sub-division of a survey number
on payment of the compensation determined by the Collector as aforesaid and such owner has
refused to purchase the fragment on payment of such compensation.

DETERMINATION OF COMPENSATION FOR PURPOSES OF SECTION 10

 In determining the compensation for the purposes of section 10 the Collector shall have regard to
the provisions of sub section (1) of section 23 of the Land Acquisition Act, 1894.

FRAGMENT NOT BE SOLD AT COURT SALE OR CREATED BY SUCH SALE

 Notwithstanding anything contained in any law for the time being in force, no fragment, in respect
of which a notice has been given under sub-section (2) of section 6, shall be sold at any sale held
under the orders of any Court except to the owner of a contiguous survey number or recognized sub-
division of a survey number and no land shall be sold at such sale so as to leave a fragment.

31. DISCUSS FULLY SCHEMES OF CONSOLIDATION OF HOLDING ACT.

A. CONSOLIDATION OF HOLDING ACT: PROCEDURE FOR CONSOLIDATION
 SECTION 15: GOVERNMENT MAY OF ITS OWN ACCORD OR ON APPLICATION DECLARE ITS
INTENTION TO MAKE SCHEME FOR CONSOLIDATION OF HOLDINGS
- With the object of consolidating holdings in any village, mahal, taluka or tahsil or any part thereof
for the purpose of better cultivation of lands therein, the State Government may of its own
motion or on an application made in that behalf declare by a notification in the Official Gazette
and by publication in the prescribed manner in the village or villages concerned its intention to
make a scheme for the consolidation of holdings in such village or villages or part thereof as may
be specified.
- On such publication in the village concerned the State Government may appoint a Consolidation
Officer who shall proceed to prepare a scheme for the consolidation of holdings in such village or
villages or part thereof, as the case may be in the manner hereinafter provided.
- There are three things required:
a. There should be intention of declaration of consolidation of holding either by its own accord
or by an application made in that behalf.
b. Such declaration should be published by way of notification in official gazette along with
publication in prescribed manner in the village or villages concerned for which such scheme
required to be made.
c. On publication in the village concerned the Government appoints consolidation officer for the
preparation such scheme in such village or villages.

 SECTION 15A: PREPARATION OF SCHEME AND PRINCIPLES TO BE FOLLOWED IN ITS PREPARATION

(1) The Consolidation Officer shall, after giving due notice to the land owners concerned and the
village committee, visit each of the concerned villages, and shall, in consultation with the village
committee, proceed to prepare a scheme for the consolidation of holdings which shall include
such statements, records and maps as may be prescribed.

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 (2) In preparing the scheme, the Consolidation Officer shall have regard to the procedure which the
State Government may from time to time prescribe in regard to the number of blocks in which
the village lands are to be grouped, the manner of allotting new plots to each owner, the
recommendations of the village committee and such other matters as may be prescribed.
- Section 15A provides for procedure and principles to be followed by the consolidation officer
which are as under:
a. Must give due notice to land owner and village committee.
b. Must visit each of the concerned village.
c. Proceed to prepare scheme with consultation with village committee.
d. In preparation of scheme the officer shall prescribe:
1. Number of block in which the village lands are to be grouped.
2. Number of allotting new plots to each owner.
3. Recommendation of the village committee.
4. Such other matter as may be prescribed.
- The Officer has to consider the following in dividing the lands into blocks
a) The kind and number of crops grown in the said village.
b) The quality of soil.
c) Irrigational facilities.
d) Proximity to the village site or other residential area in the village.
- The consolidation officer shall allot new plots to each owner in the following manner.
a. The owner who mutually agree to exchange their lands with a view to consolidating their
holdings, may be allotted the land as per agreed.
b. Every owner shall as far as feasible, be allotted land in block where he holds largest and
principle part of his holding, has his residential house, hold land in which he has made
improvement of permanent nature.
c. In allotting new plot of land to any owner in the scheme of consolidation of holding, the
consolidation office shall as far as possible, allot land of a similar kind as the one which is
taken away from him.

 SECTION 16: SCHEME TO PROVIDE FOR COMPENSATION

(1) The scheme prepared by the Consolidation Officer shall provide for the payment of
compensation to any owner who is allotted a holding of less market value than that of his
original holding and for the recovery of compensation from any owner who is allotted a holding
of greater market value than that of his original holding.
(2) The amount of compensation shall be determined, so far as practicable, in accordance with the
provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894.

 SECTION 17: AMALGAMATION OF PUBLIC ROADS ETC., WITHIN SCHEME FOR CONSOLIDATION OF
HOLDINGS
(1) Whenever in preparing a scheme for the consolidation of holdings, it appears to the
Consolidation Officer that it is necessary to amalgamate any road, street, lane or path with any
holding in the scheme, he shall make a declaration to that effect stating in such declaration that
it is proposed that the rights of the public as well as of all individuals in or over the said road,
street, lane or path shall be extinguished or, as the case may be, transferred to a new road,
street, lane or path laid out in the scheme of consolidation.
(2) The declaration in sub-section (1) shall be published in the village concerned in the prescribed
manner along with the draft scheme referred to in section 19.

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 (3) Any member of the public or any person having any interest or right, in addition to the right of
public highway, in or over the said road, street, lane or path or having any other interest or right
which is likely to be adversely affected by the proposal may, within thirty days after the
publication of the declaration under sub-section (1) state to the Consolidation Officer in writing
his objection to the proposal, the nature of such interest or right and the manner in which it is
likely to be adversely affected and the amount and the particulars of his claim to compensation
for such interest or right: Provided that no claim for compensation on account of the extinction
or diminution of the right of public highway over such road, street, lane or path shall be
entertained.
(4) The Consolidation Officer, shall, after considering the objections, if any, made to the proposal,
submit it with such amendments, if any, as he may consider necessary, to the Settlement
Commissioner, together with the objections received, his recommendations thereon and a
statement of the amounts of compensation if any, which in his opinion are payable, and of the
persons by whom and the persons to whom such compensation is payable. The decision of the
Settlement Commissioner on the proposal and regarding the amount of compensation and the
persons by whom such compensation, if any, is payable, shall, subject to any modification made
by the State Government, be final.

 SECTION 18: LAND RESERVED FOR PUBLIC PURPOSE

(1) Notwithstanding anything contained in any law for the time being in force, it shall be lawful for
the Consolidation Officer, in consultation with the village committee,-
(a) to direct that any land specifically assigned for any public purpose shall cease to be so
assigned and to assign any other land in its place;
(b) if in any area under consolidation no land is reserved for any public purpose including
extension of the village sites, or if the land so reserved is inadequate; to assign other land
for such requirements, and for that purpose to effect a proportionate cut in all the holdings
of the village.
(2) Where a proportionate cut in all the holdings of a village has been effected under sub section
(1) the State Government shall pay to every person affected thereby compensation in respect
of the land covered by such cut at the market value of the land at the date of the publication of
the notification under section 15.
(3) Save as provided in sub-section (2), the amount of such compensation shall be determined by
the Consolidation Officer, so far as practicable in accordance with the provisions of sub-section
(1) of section 23 of the Land Acquisition Act, 1894.

 SECTION 19: PUBLICATION OF DRAFT SCHEME AND OF AMENDED DRAFT SCHEME

(1) When a scheme of consolidation is ready for publication, the Consolidation Officer shall publish
a draft thereof in the prescribed manner in the village or villages concerned. Any person likely
to be affected by such scheme, may, within thirty days of the date of such publication,
communicate in writing to the Consolidation Officer any objections relating to the draft scheme.
(2) If any objections are received and after considering them, the Consolidation Officer considers it
necessary to amend the draft scheme, he shall amend the draft scheme and publish the
amended draft scheme as provided in sub-section (1). Any person likely to be affected by such
amended draft scheme, may, within thirty days of the date of such publication, communicate in
writing to the Consolidation Officer any objections relating to the amended draft scheme.

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 (3)
(a) Where no objections are received to the draft scheme published under sub-section (1) or
to the amended draft scheme published under sub-section (2), such draft scheme or
amended draft scheme,
(b) Where objections are received to the said draft scheme or amended draft scheme but the
Consolidation Officer does not consider it necessary to amend the said draft scheme or
amended draft scheme, such draft scheme or amended draft scheme, together with
objections and his remarks thereon.
(c) Where objections are received to the said amended draft scheme and after considering the
objections, the Consolidation Officer considers it necessary to amend further the amended
draft scheme, such amended draft scheme as further amended together with the
objections and his remarks thereon, shall be forwarded by the Consolidation Officer to the
Settlement Commissioner for confirmation.

 SECTION 20: CONFIRMATION OF DRAFT SCHEME OR AMENDED DRAFT SCHEME

(1) If on receipt of a draft scheme or an amended draft scheme under sub-section (3) of section 19,
the Settlement Commissioner, after considering the objections if any, and the remarks of the
Consolidation Officer thereon and after being otherwise satisfied about the correctness of
procedure followed by the Consolidation Officer and the allotment of holdings, and
compensation or about there being no clerical or arithmetical mistakes or error arising from
accidental slip or omission, approves of the draft scheme, or, as the case may be, amended draft
scheme, he shall confirm it.
(2) If the Settlement Commissioner does not approve of the draft scheme or the amended draft
scheme forwarded by the Consolidation Officer and considers it necessary to amend it, he shall
further amend it and publish it as amended in the prescribed manner in the village or villages
concerned. Any person likely to be affected by the draft scheme as so published may, within
thirty days of the date of such publication communicate his objections in writing to the
Settlement Commissioner.
(3) If no objections are received within the period specified in sub-section (2), the Settlement
Commissioner shall confirm the draft scheme as published under that sub-section. If any
objections are received within the said period, the Settlement Commissioner shall after
considering the objections con firm the draft scheme as published under sub-section (2) without
any modifications therein or with such modifications therein as he may consider necessary.

 SECTION 21: ENFORCEMENT OF SCHEME

(1) Upon the confirmation of any scheme under section 20, a notification stating that the scheme
has been confirmed shall be published by the Settlement Commissioner in the Official Gazette,
and the scheme as confirmed shall be published in the prescribed manner in the village or
villages concerned.
(2) Within one year from the date of publication of the notification in the Official Gazette, under
sub-section (1), the owners from whom compensation is recoverable under the scheme shall
deposit the amount of compensation in the prescribed manner.
(3) The Consolidation Officer shall from the commencement of the agricultural year next following
the date of publication of the notification in the Official Gazette, under sub-section (1) and in
the prescribed manner, put the owners in possession of the holdings to which they are entitled
under the scheme and for doing so may, in the prescribed manner evict any person from any
land which he is not entitled to occupy under the scheme : Provided that, if two-thirds or more

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 of the owners affected by the scheme agree to enter into possession of the holdings to which
they are entitled under the scheme, the Consolidation Officer may put them in possession of
such holdings from such earlier date as may be decided upon by such owners.
(4) If the Consolidation Officer is satisfied that any standing crops, trees, embankments or similar
other improvements which were not taken into consideration at the time of determining the
compensation payable by an owner of any holding under the scheme are found on such holding
at the time of putting the owner in possession of such holding, or that any such standing crops,
trees, embankments or similar other improvements which were taken into consideration at the
time of determining the compensation payable by an owner of any holding have ceased to exist
or are substantially damaged at the time of putting the owner in possession of such holding, he
shall by order determine in the prescribed manner the additional compensation payable by the
owner or, as the case may be, the reduction to be made in the compensation payable to the
original owner of such holding. Where additional compensation is to be paid, it shall be
deposited in the prescribed manner by the owner from whom it is recoverable, within one year
from the date of the order passed by the Consolidation Officer for determining the additional
compensation.
(5) If the owner from whom the compensation is recoverable fails to deposit it within the period
specified in sub-section (2) or (4) or within such further period not exceeding one year as may
be ex tended by the Consolidation Officer, it shall be recovered from him as an arrear of land
revenue.
(6) If an owner refuses to accept possession of the holding to which he is entitled under the scheme,
his rights in such holding may be allotted in the prescribed manner by the Consolidation Officer
to any other person who pays the value of the holding and in such case the value realized after
deducting the expense (hereinafter called "the net value") shall be paid to the owner and any
other person having an interest in the holding.
(7) If no person is forthcoming to pay the value of the holding, the State Government may recover
from the owner the compensation recoverable from him under the scheme as an arrear of land
revenue or the State Government may itself purchase the holding after paying the net value of
the holding to the owner and any other person having interest in the holding.

 SECTION 22: COINING INTO FORCE OF SCHEME

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

 SECTION 23: CERTAIN LAWS NO BAN ON TRANSFER OF HOLDINGS

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

 SECTION 24: CERTIFICATE OF TRANSFER

(1) The Consolidation Officer shall grant to every owner to whom a holding has been allotted in
pursuance of a scheme of consolidation and to every person to whom a right is allotted under
sub-section (6) of section 21 a certificate in the prescribed form duly registered under the Indian
Registration Act, 1908, to the effect that the holding has been transferred to him in pursuance
of the scheme.
(2) Notwithstanding anything contained in any law for the time being in force no stamp or
registration fee shall be payable in respect of such certificate.

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 SECTION 25: LOANS TO ASSIST CONSOLIDATION
For carrying out any of the purposes of this Act, a loan may be granted to an owner and recovered
from him as a loan under the Land Improvement Loans Act, 1883, or the Agriculturists' Loans Act,
1884.2.

CHAPTER IV EFFECT OF CONSOLIDATION PROCEEDINGS AND OF CONSOLIDATION OF HOLDINGS

 SECTION 26: EXERCISE BY CONSOLIDATION OFFICER OF POWERS UNDER CERTAIN ACTS

(1) During the continuance of the consolidation proceedings the Consolidation Officer shall exercise
and discharge the functions of a revenue officer under Chapter IX of the Bombay Land Revenue
Code, 1879 (or under Chapter X of the Madhya Pradesh Land Revenue Code, 19541, or as the
case may be, under Chapter VIII of the Hyderabad Land Revenue Act, 1317 Fasli1, the
Mamlatdars' Courts Act, 1906, and the relevant tenancy law; and no revenue officer other than
the Consolidation Officer shall take any proceedings under any of the said Acts in respect of any
holding or land for which a notice under section 15A has been given.
(2) Where in respect of any holding the Consolidation Officer proceeds to prepare a scheme under
section 15, -
(a) all applications and proceedings including execution proceedings pending before any
revenue officer under Chapter IX of the Bombay Land Revenue Code 1879', or under
Chapter X of the Madhya Pradesh Land Revenue Code, 1954', or as the case may be, under
Chapter VIII of the Hyderabad Land Revenue Act, 1317, Fasli the Mamlatdars' Courts Act,
19063, and the relevant tenancy law ,in respect of any holding or land for which a notice
under section 15A has been given shall be transferred to the Consolidation Officer; and
(b) the Consolidation Officer shall, by proclamation, call upon all persons who claim to be
entitled to possession under any of the said Acts, of any holding for which a notice under
section 15A has been given to make within the prescribed period an application to be put
in possession of such holdings; and any person who fails to do so within the prescribed
period shall thereafter be debarred from making it: Provided that nothing in this clause
shall debar any person from making, after the coming into force of a scheme of
consolidation under section 22, any application in respect of any holding included in the
scheme, if such application could lie under the provisions of any law for the time being in
force.
(3) The Consolidation Officer shall submit any order passed by him under any of the said Acts to the
Collector for confirmation if an application in that behalf is made to him by any party to a
proceeding under this section within fifteen days from the date of the order.

 SECTION 27: STAY OF CERTAIN PROCEEDINGS; BAN ON TRANSFER OF LAND DURING

CONTINUANCE OF CONSOLIDATION PROCEEDINGS
When a Consolidation Officer proceeds to prepare a scheme under section 15, during the
continuance of the consolidation proceedings- (a) no proceedings,-
(i) under section 153 or 155 of the Bombay Land Revenue Code, 18793; 4(ia)under section 120 or
section 124 of the Hyderabad Land Revenue Act, 1317 Fasli3; . (ib) under section 135 of the
Madhya Pradesh Land Revenue Code, 19543;
(ii) for execution of any award made or deemed to be made under the Maharashtra Cooperative
Societies Act, 1960;

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 (iii) for execution of any award made under the Bombay Agricultural Debtors' Relief Act, 1947 or
under the Hyderabad Agricultural Debtors' Relief Act, 1956;
(iiia) for the recovery of a sum due under an agreement registered under the Central Provinces
and Berar Debt Conciliation Act, 1933;
(iv) for execution of any decree passed by a Civil Court;
(v) for partitioning or sub-dividing in any manner, in respect of any land "for which a notice under
section 15A has been given shall be com menced, and all such proceedings if commenced shall
be stayed; (b) no person shall transfer any land in respect of which a notice under section 15 A
has been given, except with the previous permission in writing of the Consolidation Officer. Such
permission may be given in such circumstances and subject to such conditions as may be
prescribed.

 SECTION 28: RIGHTS IN HOLDINGS

Every owner to whom a holding is allotted in pursuance of a scheme of consolidation shall save as
otherwise provided in section 29A, have the same rights in such holding as he had in his original
holding: Provided that nothing in this section shall apply to any person to whom a holding has been
allotted under the provisions of sub-section (6) of section 21.

 SECTION 29: TRANSFER OF ENCUMBRANCES

(i) If the holding of an owner included in a scheme of consolidation which has come into force
under section 22 is burdened with a mortgage, debt or other encumbrance other than a lease
such mortgage, debt or other encumbrance shall be transferred therefrom and attach itself to
the holding allotted to him under the scheme or to such part of it as the Consolidation Officer
may, subject to any rules made under section 37, appoint; and the mortgagee, creditor or other
encumbrance, as the case may be, shall exercise his rights accordingly.
(ii) If the holding to which a mortgage, debt or other encumbrance is transferred under section (1)
is of less market value than the original holding from which it is transferred the mortgagee,
creditor or other encumbrance, as the case may be, shall subject to the provisions of section 30
be entitled to the payment of such compensation by the owner of the holding, as the case may
require, as the Consolidation Officer may determine.
(iii) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the
prescribed manner, put any mortgagee or other encumbrance entitled to possession into
possession of the holding to which his mortgage or other encumbrance has been transferred
under sub section (1).

 SECTION 29A: CONSOLIDATION OFFICER TO DECIDE WHETHER LEASE SHOULD BE TRANSFERRED

OR NOT
(1) If the holdings of an owner included in a scheme of consolidation which has come into force
under section 22 is burdened with a lease, the Consolidation Officer shall, by an order in writing
determine whether such lease shall or shall not be transferred therefrom. A copy of the order
passed by the Consolidation Officer under this sub-section shall be affixed to a place near the
holding and shall also be published in the prescribed manner.
(2) If the Consolidation Officer determines that such lease shall be transferred from the original
holding it shall attach itself to the holding allotted to the owner under the scheme or such part
of it as the Consolidation Officer may, subject to any rules under section 37, appoint and the
lessee shall exercise his rights accordingly. The provisions of sub-sections (2) and (3) of section
29 shall apply to such lease as if the lease were a mortgage or other encumbrance.

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 (3) If the Consolidation Officer determines that such lease shall not be transferred from the original
holding it shall remain attached thereto, and the owner to whom such holding is allotted under
the scheme shall hold it subject to such lease; and the provisions of the relevant tenancy law,
shall so far as may be notwithstanding the change in the ownership, apply to such lease; and
the rights and liabilities of such owner and the lessee shall be governed by the provisions of the
said law as between the landlord and his tenant: Provided that such owners shall not be entitled
to arrears of rent due under such lease immediately before the allotment of the holding as
aforesaid.
(4) An appeal against the decision of the Consolidation Officer under this section shall lie to the
Settlement Commissioner within the prescribed time.

 SECTION 30: APPORTIONMENT OF COMPENSATION OR NET VALUE IN CASE OF DISPUTE

Where there is a dispute in respect of the apportionment of -
(a) the amount of compensation determined under sub-section (2) of section 16 or sub-section (4)
of section 17;
(aa) the amount of compensation determined under section 18;
(b) the amount of additional compensation or reduction in compensation determined under sub
section (4), or the net value realized or payable under sub-section (6) or (7) of section 21;
(c) the total amount of compensation determined under sub-section (2) of section 29, the
Consolidation Officer shall refer the dispute to the decision of the District Court and deposit the
amount of the compensation or net value, as the case may be, in the Court and thereupon the
provisions of sections 33, 53 and 54 of the Land Acquisition Act, 1894, shall, so far as may, apply.

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