MADHUSUDAN LAW UNIVERSITY, CUTTACK

LL.B. (3 Year) , 6th Semester Notes as per Choice Base Credit System Syllabus
Paper-V
Subject : Land Laws
Prepared by : Mr. P.K. Das, M.A. (Double), LL.M., Advocate, High Court, Calcutta

UNIT – I

Q – 1. Discuss the constitutional Amendment of Fundamental Right to property.

Ans:- The “constitutional right to property project” examines the right to property’s tumultuous history under the Indian
Constitution, from its inception as a fundamental right in 1950 through its elimination as a basic right and its reinstatement as a
constitutional right in 1978. The Fundamental Right to Property had the distinction of being not only the second most
contentious provision in the Constitution’s drafting, but also the most amended/edited, and the only fundamental right to be
eliminated in 1978.

Meaning of the term “property” Property is defined as follows under Section 2(c) of the Benami Transactions (Prohibition) Act,
1988: “Property” means “any sort of property, whether movable or immovable, tangible or intangible, and includes any right or
interest in such property.” Property is defined as follows under Section 2 (11) of the Sale of Products Act of 1930: “Property”
denotes the general property in goods, not just a special property.

According to the Supreme Court in Commr. Hindu Religious Endowment v. Swamiyar (1954), the term “property” as employed
in Article 31 should be given a broad interpretation and should include all well-known categories of interests that bear the
insignia or characteristics of a property right. It encompasses both corporeal and incorporeal rights as observed in Dwaraka Das
Srinivas v. Sholapur Spg and Wvg. Co. Ltd (1958). It comprises money, contracts, property interests such as an allottee’s
interest, licensees, mortgages, and property lessees. An identifiable interest in the property is the Mahantship of a Hindu Temple
as identified in Commissioner of Hindu case (Supra) and stockholders with Interests in the Company as stated in State of Bihar
v. Kameshwar Singh (1952). The right to a pension is a form of property as noted in State of Kerala v. Padmanabhan
Nair (1985).

re 1978 position – Fundamental right to property

The terrible Government of India Act of 1935 granted the power to possess and dispose off the property before
independence. Section 299 of the 1935 Act guaranteed the protection of this right to all people, whether they were zamindars or
peasants. This protected the people and ensured that their property would not be exploited or abused without sufficient
compensation. Furthermore, the Act enabled the government to exploit private land only for public reasons.

The Constitution (First Amendment) Act of 1951 added the Ninth Schedule to the constitution, together with two
additional Articles 31A and 31B, to make laws granting zamindars unchallengeable in the courts.

Article 31 dealing with the right to property was changed in numerous ways by the Fourth Amendment Act of 1955. The goal of
these changes was to give the government more power over forced acquisition and requisitioning of private property. To counteract
the effect of the Supreme Court’s ruling in State of West Bengal v. Bella Banerjee (1954), the amount of compensation payable
for this reason was made unjustified.

During this time, the Supreme Court was generally of the opinion that land reforms should be sustained, even if they directly
conflicted with the right to property, however, the Court was dubious of how the government used its administrative power in this
area. The Court was adamant that administrative discretion to appropriate or infringe on property rights must be based on law, not
on a simple fact. During the period of nationalization, however, the court genuinely struggled with the socialist administration,
when the court admirably stood up for the right to property, albeit in a limited way, against the communist state’s overreach.

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The court in this Bank Nationalisation case has clearly stated the following two points at this point:

1. The right to compensation equal to the monetary value of the property acquired by force is guaranteed by the
Constitution.
2. The expropriate owner must be compensated for the worth of their property, according to the Constitution (the
reasonable compensation for the loss of the property).

Q – 2. The doctrine of eminent domain under the Odisha Land Laws.

Ans:- The doctrine of eminent domain, which is currently in use, can help to understand this. Even if we have a constitutional
right to property under Article 300A and a statutory right under the Transfer of Property Act, 1881, the government has the power
to use our property for public reasons such as road and bridge construction. Nonetheless, adequate compensation must be made to
the property owner in such cases.

The essential ingredients of this doctrine are as follows:

1. Property is taken for the benefit of the public.

2. The property that has been seized is compensated for.
However, the use of this doctrine has been replaced.

Post-1978 position – the Constitutional right to property

Following independence, the mood was to continue Prime Minister Jawahar Lal Nehru’s socialist policies and to remove
zamindars and other rural intermediaries who had earned rights to enormous swaths of land during colonial authority. When the
government attempted to dismantle these institutions, it was challenged in court under the Constitution’s Right to Property
section in a series of challenges. As a result, the government decided it would be best to stay out of legal wranglings while
attempting to execute its socialist principles of limited private land ownership to avoid wealth concentration and government
control over the property as a method of achieving dispersed development. The backlash against Articles 19(1)(f) and 31 of the
Constitution as Fundamental Rights began almost immediately after it was enacted in 1950. After multiple court battles over this
sensitive issue, the Janata Party government introduced the 44th amendment, which eliminated the right to property as a
fundamental right and replaced it with Article 300A, which reduced it to a legal right.

The owners of Minerva Mills (Bangalore), an ailing industrial concern nationalised by the government in 1974, contested
the Forty-second Amendment in the Supreme Court less than two years after the restoration of Parliament’s amending powers to
near unlimited terms. In the Minerva Mills case (1981), and later in the Waman Rao case (1981), the basic structural theory was
reinforced which was first introduced in the famous Kesavananda Bharati case (1973) where despite the court’s finding that
Parliament cannot violate fundamental rights, the amendment that abolished the fundamental right to property was preserved.
The court decided that the change would not violate the Constitution’s “basic structure” in spirit.

Implications of 44th amendment Act

• The Right to Property would no longer be a fundamental right, but rather a constitutional right and a human right
(as held in various court decisions such as State of Haryana v. Mukesh Kumar (2011).
• Only the High Courts, not the Supreme Court, can now challenge the legislation that violates the fundamental right
to property.
• With the repeal of Article 31, the government no longer had to pay anyone whose land had been taken under the
authority of a statute passed by Parliament.

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Judicial Approach regarding Constitutional right to property
Article 19(1)(f) and Article 31 read with the under noted entries gave rights that were so intricately woven into the fabric of our
Constitution that they could not be taken out without leaving a jagged hole and broken threads. To harmonize with the rest of the
Constitution, the hole must be repaired and the broken threads must be replaced. The task is difficult, and courts have been called
upon on several occasions to resolve issues far more difficult than those brought by Article 31 after it was changed several
times. After the 1980s, the court has done a better job of protecting our country and people than the legislature.

Soon after the Fundamental Right to Property was abolished, the Supreme Court recognized the value of the Right to Property as
a Fundamental Right in Bhim Singh v. Union of India (1981). In the absence of this Fundamental Right to Property, it relied on
the second Fundamental Right of Equality, namely the idea of reasonableness under Article 14, to invalidate certain provisions of
the urban land ceiling legislation.

Though the right to property is not a fundamental right, it is a valuable constitutional right, according to the Supreme Court in the
case of B. K. Ravichandra v. Union Of India (2020), which ordered the Centre to return the land to its owners. The Supreme
Court’s decisions and the history of the right to property reveal that, while its primacy as a fundamental right has been questioned,
it is nonetheless protected by the rule of law. This court’s expanding jurisprudence also demonstrates that it is a valuable right that
guarantees basic liberties and economic liberty. Article 300-A’s wording is crucial, and its resemblance to Articles
21 and 265 cannot be overlooked—they are, after all, a guarantee of the supremacy of the rule of law.

In a more recent case of Bajranga v. State of Madhya Pradesh (2021) “right to property is still a constitutional right under Article
300A of the Constitution,” the Supreme Court has ruled in a case where the government took ownership of surplus land even
though there was none. The deprivation of a right can only be done in conformity with the legal procedure.”

The courts have also acknowledged the State’s interference in the citizen’s right to property. It was held in Ravindran v. The
District Collector, Vellore District (2020) that the government has no authority to interfere with a citizen’s right to property unless
it is done in compliance with the law which was later on reiterated in Jayalakshmi & Ors. v. State of Tamil Nadu (2021). Recently,
the Madras High Court made a noteworthy statement, saying that under Article 21 of the Indian Constitution, the Right to Property
has a tight relationship with the Right to Life.

Q -3. Discuss the odisha Land Acquisition Rehabilitation Resettlement Act – 2013 -

Ans:- Rehabilitation and Resettlement Plan

“The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement” Act 2013 and
Odisha Resettlement and Rehabilitation Policy, 2006 and its subsequent amendments, modifications, and changes or any other
acts/ rules brought out by the Government on or before the physical displacement carried out in Manoharpur Coal Block.

As per a rough survey , 118* families of Kathafali and 62* families of Paramanandpur (*These
figures as on April, 2018 and will vary at the time of declaration of cut-off date for displacement) are going to be displaced in the
Manoharpur and Dip side Manoharpur Coal
Mine Project. For Extending R&R package each of these categories will be treated as separate
family, major son/ grandson irrespective of marital status, major unmarried daughter/ major
unmarried granddaughter/major unmarried sister, physically and mentally challenged irrespective of age and sex (more than 40%
permanently disabled), minor orphan and a widow, women deserted , or a divorcee. OCPL has developed a well – formulated R
& R package Plan keeping in mind the basic entitlement framework provided by the RTFLARR Act 2013 and Odisha Govt. R &
R Policies, which is being implemented by OCPL. The salient features of the same are listed below:

Compensation : Compensation for Land, Compensation for Structure & Compensation for Trees as per the award by Collector,
Sundargarh.

Rehabilitation : Cash Compensation in lieu of employment, Skill development to enable the Displaced and Affected families to
enable them to be engaged in any company, Assistance for self-employment, Construction of shops and service units to promote
Self- Employment among displaced/ affected family. The package will be provided as per the Rehabilitation grants in monetary
terms, effective at the time of displacement, guidelines given by Govt. of Odisha.

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Annuity : All displaced families for sustenance and social security. An
amount of Rs. 3000/month for a period of 30 years with
enhancement of Rs. 500/month in each two years having nominee
facility.

Resettlement : House plot for each displaced family, Cash in lieu of house Plot, Construction of residential house for the families
resettle in the rehabilitation colony, Assistance for temporary Shed, Transportation allowance / free transportation of goods /
articles from old habitation to Resettlement colony, Maintenance allowance per month to each displaced family for a period of
one year etc.

Basic amenities and social Infrastructure in R&R colony : Provision of basic amenities and social infrastructures like School,
Anganwadi, Dispensary, Drinking water facility (supply through
pipeline water supply with overhead tank. Provision of Ponds, Sanitation, Drainage, Electricity, Road communication (approach
and internal), Community Centre, Youth club, Playground,
Cremation ground / Graveyard, Grazing land, Religious shrines, Gram Devi pitha, Jatra - mandap, rain water harvesting structures,
solar lights, sewerage treatment plant, etc. in the Resettlement Colony.

Periphery Development : Promotion of quality education, Safe and portable drinking water
facility, Total sanitation, Road communication, Health, Sports & culture and Sustainable livelihood as part of the periphery
development activities in & around the project areas are already in progress for the last three years.

OCPL will provide the necessary budgetary provision both during development and operation phase, for execution of R & R and
periphery development scheme. Adequate resources have already been allocated to carry out the R&R works for smooth
implementation of the plan in time.
OCPL has set up a full-fledged institutional mechanism within the administrative structure with adequate skilled human resources
for effective and timely execution of the rehabilitation and resettlement scheme.

A Grievances redressal cell is in place for timely redressal of all grievances of the Project
affected person during the resettlement process, as well as post-resettlement period, in order
to ensure successful resettlement of the affected families. OCPL has engaged an agency
“MART” for the sustainable livelihood management of the displaced families for upgrading
their standards of living and enhancing the annual income.

Q – 4 Discuss the Process of conducting the Social Impact Assessment.

Ans:- The Social Impact Assessment team shall collect and analyse a range of quantitative and qualitative data, undertake
detailed site visits, use participatory methods such as focused group discussions, participatory rural appraisal techniques and
informant interviews in preparing the Social Impact Assessment report.

All relevant project reports and feasibility studies shall be made available to the Social Impact Assessment team throughout
the Social Impact Assessment process, as required. Any request for information from Social Impact Assessment team shall be
met at the earliest but not exceeding ten days. The District Collector shall be responsible for providing the information
requisitioned by the Social Impact Assessment team.

3. A detailed assessment based on a thorough analysis of all relevant land records and data, field verification, review and
comparison with similar projects shall be conducted by the Social Impact Assessment team. The assessment shall determine the
following, namely:-

a. area of impact under the proposed project, including both land to be acquired and areas that will be affected by
environmental, social or other impacts of the project; b. quantity and location of land proposed to be acquired for the project;
c. the land proposed for acquisition is the bare minimum required; d. possible alternative sites for the project and their
feasibility; e. whether, the land proposed for acquisition in Scheduled Area is a demonstrable last resort; f. land, if any,
already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project; g. the
possibility of use of any public, unutilised land for the project and whether any of such land is under occupation; h. nature of
the land, present use and classification of land and if it is an agricultural land, the irrigation coverage for the said land and the
cropping pattern; i. the special provisions with respect to food security have been adhered to in the proposed land acquisition;
j. size of holdings, ownership patterns, land distribution, number of residential houses, and public and private infrastructure
and assets; and k. land prices and recent changes in ownership, transfer and use of lands over the last three years.
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4. Based on the land assessment, land records and field verification, the Social Impact Assessment shall provide an accurate
estimate of the number of affected families and the number of displaced families among them and ensure that, as far as possible,
the Social Impact Assessment team shall enumerate all affected families: Provided that where enumeration is not possible, a
representative sample shall be done by the Social Impact Assessment Unit.

5. A socio-economic and cultural profile of the affected area must be prepared, based on available data and statistics, field
visits and consultations as per FORM-II:

Provided that in projects where resettlement is required, the identified resettlement sites shall be visited and a brief socio-
economic profile of the land and its current resident population shall be indicated.

6. Basing on the data collected in processes listed above and in consultation with the affected communities and key
stakeholders, the Social Impact Assessment shall identify and assess the nature, extent and intensity of the positive and negative
social impacts associated with the proposed project and land acquisition as per FORM-II.

i. The Social Impact Assessment process includes the preparation of a Social Impact Management Plan, which will
present the ameliorative measures to be undertaken to address the social impacts identified in the course of the assessment.

ii. The Social Impact Assessment team must assess the viability of impact mitigation and management strategies
with clear indication of costs, timelines and capacities.

iii. The Social Impact Management Plan shall include the following measures:-

a. that have been specified in the terms of Rehabilitation and Resettlement and compensation for all the categories of affected
families as outlined in the Act;

b. that the Requiring Body has stated that it will undertake in the project proposal and other relevant project documents; and

c. that additional measures being undertaken by the Requiring Body, which has been undertaken by it in response to the
findings of the Social Impact Assessment process and public hearing.

8. The Social Impact Assessment must provide a conclusive assessment of the balance and distribution of the adverse social
impacts and social costs and benefits of the proposed project and land acquisition, including the mitigation measures, and
provide an assessment as to whether the benefits from the proposed project exceed the social costs and adverse social impacts
that are likely to be experienced by the affected families or even after the proposed mitigation measures, the affected families
remained at risk of being economically or socially worse, as a result of the said land acquisition and resettlement.

Q – 5. Explain the Notification for Land Acquisition- Legal Requirements in odisha Land Laws.

Ans:- The new Land Acquisition Act seeks to create a robust legal and institutional framework to facilitate the acquisition of land
for a public purpose. Even though the Act has received considerable flak from business houses because it makes the process of
land acquisition highly complicated, it has also been praised in many quarters as it seeks to make the process of acquisition, which
has hitherto lacked any kind of transparency, a lot more transparent and participative. An important requirement which lies at the
heart of this new acquisition system is the requirement of publication of a preliminary notification.

The Act exhaustively enumerates the details of such a preliminary notification. It states, inter alia, that it is incumbent upon the
concerned government to publish a notification within 12 months of the appraisal of the Social Impact Assessment Report, failing
which the latter shall lapse.

Medium of publication: The notification has to be published in the following:

A. in the Official Gazette of the government; B. In two daily newspapers circulating in the locality of the concerned area ofwhich
one shall be in the regional language; C. In the local language in the concerned Panchayat, Municipality or Municipal Corporation;
D. In the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil; E. It must be uploaded on the website of
the concerned government; F. In the affected areas in the prescribed manner.

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Contents of notification:

The preliminary notification must, of necessity, include the following details:

1. A detailed account of the nature of the public purpose for which the land is to be acquired;
2. Cogent reasons for which affected families are to be displaced;
3. A brief summary of the Social Impact Assessment Report and;
4. Particulars of the administrator appointed for rehabilitation and resettlement in accordance with Section 43 of the
Act.
Informing local authorities:

As soon as the notification is issued, the concerned Gram Sabha, Municipality or Autonomous Councils, as the case may be,
must be informed about the contents of the notification. A special meeting should be called for this purpose. This provision
further goes to show how this Act strives to make various local and regional stakeholders partners in development. This
information will not only allow local bodies to better understand which specific area of land will be acquired in the region, but
will also allow them to acquire a more meaningful understanding of the reasons for such acquisition

Objections to acquisition:

Any person who is interested in the land which the government intends to acquire may raise an objection within 60 days of the
publication of a preliminary notification. The objection must pertain to the following issues:

A. The area and suitability of land proposed to be acquired; B. The explanation offered of the public purpose for acquisition; C.
The findings of the Social Impact Assessment Report.

It is pertinent to note that such an objection has to be made by the concerned person in writing to the collector. Thereafter, the
collector must either hear the objections raised by the objector personally or must authorize someone to do so on his behalf.

It is then incumbent on the Collector to prepare a comprehensive report containing his recommendations to deal with the
objections. He must prepare another report containing details such as the total cost of acquisition, the details of the families that
would be affected by the acquisition, etc.
Notably, the decision of the appropriate government with regard to the objections raised by all stakeholders shall be final.

Conducting survey and census:

After the issuance of preliminary notification, the rehabilitation and resettlement officer must conduct a survey and census of
affected families in the prescribed manner in order to find out the following details:

1. Information about the land and other immovable property which is to be acquired of each and every affected
family;
2. Details of those who would be losing their livelihood on account of the acquisition;
3. List of public utilities and government buildings that would be affected by the resettlement of affected families;
4. Details of the amenities or infrastructural facilities that would be affected by the resettlement of families;
E. Common property resources that are to be acquired.

On the basis of the aforementioned information, a rehabilitation and resettlement scheme must be prepared by the R and R
officer to address the concerns of affected families. This scheme must be widely distributed and analyzed by all stakeholders.

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No transaction on concerned land:

The Act unequivocally states that no person is allowed to enter into any transaction involving the land which is mentioned in the
preliminary notification from the date of issuance of such notification.

Furthermore, the Act also explicitly prohibits any individual from creating any encumbrance on such land. However, the
Collector can, if he deems it necessary to do so, create an exception to this rule in favour of any land owner in writing.

Q – 6. Discuss the Award by the Collector in Odisha Land Laws.

Ans:- Award by the Collector :

According to section 12 such award shall be filed in the collector's office and shall, except as herein after provided, be final and
conclusive evidence, as between the collector and the

Collector :
According to section 3 (c) the expression "Collector means the collector of a district and includes a Deputy Commissioner and
any officer specially appointed by the appropriate Government to perform the functions of a collector under this Act.

Even when lands are acquired for railways, municipalities and District Boards or other local bodies, or companies, the land is
acquired by the Government and after acquisition is handed over to the local body or company concerned. The Collectors are,
therefore, entirely independent of the local body which acquires the land.

'Collector is a genus of which the Land Acquisition Collector is one of the species.
The Assistant or Deputy Collector or an Assistant Commissioner or Extra-Assistant Commissioner may be invested with the
powers of a collector of a district. It does not include any officer to whom the Deputy Commissioner thinks fit to delegate his
duties. An award made by such delegate is illegal.

The Collector is in no sense of the term a judicial officer; nor is the proceeding before him a judicial proceeding. The collector
acts as an officer or agent of the Government or of the company for which Government take up the land.

The collector acting under this Act being not a judicial officer, cannot be properly regarded as a Revenue court within the terms
of section 476 of the Code of Criminal Procedure. His proceedings under the Act are not regulated by the Code of Civil
Procedure nor is he in requiring a petition put in before him to be verified in accordance with the Code so as to make any false
statement punishable as perjury. The collector has no authority to administer Oath.

His enquiry and his valuation are departmental in their character and made for the purpose of enabling Government to make a
tender through him to the persons interested. The collector is not in a position to pass any final order in the matter of the value of
the land of the right to claim the price fixed. A party dissatisfied can claim a reference to the civil court, whose duty it is to settle
the matter in dispute judicially.

Collector's jurisdiction under the Land Acquisition Act is limited. He is bound by the official declaration in the Local official
Gazette. The Collector cannot acquire or give possession of any land beyond the boundaries given in the declaration. If he does
so, he commits an act of trespass.

Q – 7. How Compensation is assessed by O.E.A. Collector and Compensation Officer under O.E.A. Act ?

Ans: Assessment of Compensation in O.E.A. Act is done by Compensation Ofricer U/Sec. 23 to 36 U/ Sec. 23 and 24 of O.E.A.
it is the duty of the State to appoint one or more compensation officer who will prepare Compensation Assessment Roll which
con tains Gross Asset and Net Asset of each estate. U/ Sec. 25 the Compensation Officer is competent enough for trust created
on or after 1.1.1946. The computation of Net income for preparation of Compensation
Assessment Roll by deducting Gross asset of such estate. [Sec. 27] O.E.A.

Amount of Gross Asset Rate

1. Where Gross Asset does
not exceed Rs.500/-. 1 Nil
2. Where Gross Asset exceeds 2.5% Gross
Rs.500/- but does not exceed Rs.2,000/-. Asset.
3. Where Gross Asset exceeds 3.7 ½% of

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Rs.2,000/- but does not exceed Rs.5,000/-. Gross Asset
4. Where Gross Asset exceeds 4.10% of
Rs 5,000/- but does not exceeds Rs – 10,000/- Gross Asset
5. Where Gross Asset exceeds
Rs 10,000/- but does not exceed Rs 15,000/- 5.12 ½%

Illustration:
Say an intermediary has Gross Asset of Rs.2,000/- after deducting the cost of management at a rate of 5% of his net asset.
Rs.l,900/ Rates of Compensation:- |Sec. 28|

After the income is computed U/Sec. 27 the Compensation Officer shall for all purposes of Com pensation Ass Roll and
determine the amount of com pensation payable.

Amount of Net Income

1. On First 500 Rupees of Net income.
2. On the next 3500 Rupees of Net income.
3. On the next 3,000 of Rupees of Net income.
4. On the next 3,000 of Rupees of Net income.
5. On the next 15,000 of Rupees of Net income.
6. On the next 1,500 of Rupees of Net income.
7. On the balance of the next income
Rate of Compensation
1. 15 times of such income.
2. 13 times of Net income.
3. 10 times of Net income.
4.7 times of the net income.
5.5 times of the net income.
6.4 times of the net income.
7.3 times of such net income,

And the computation of compensation payable for mines is done by Compensation Officer.

U/Sec. 30 and the final publication of Com pensation Assessment Roll is done by Con1pensation
Officer with necessary modifications and alterations in draft Assessment Roll and payment is done under Sec. 33 of O.R.A, and
Sec. 37 of O.E.A. Act.

UNIT – II

Q – 8. Critically examine the concept of estate abolition under O.E.A Act?

Ans:- The concept of estate abolition with special reference to O.E.A. Act needs to be emphasized in vesting everything vests
expect Raiyati Right-Zamindary Right and intermediary right., title and inter- A est also vests in Sate of Orissa free from all encum
brances. The First Vesting of estates took place in 1953. The Second Vesting of estates took place in 1956 to 1957 (Phase-wise
vesting). The Third Vesting of estate in 1960. The Fourth Vesting of estate was done in 29.4.1963. With Blanket Notification,
Khata No.. Khewat No., Khatian No., Khasra No. and Terij No. and de posit of zamabandi and ekpadia. Where a new chapter was
introduced 2A in O.E.A. Act in 1963 which pro vided that all Sub-Judges were declared to be Tribunals who were to enquire into
the debottar character of the property of trust estate may be Hindu Trust or Muslim Trust. If the tribunal under Sec. 13 D finds that
the entire amount is spent for deity or for religious purposes without any pecuniary benefit for anybody the tribunal will declare
such a property to be a trust estate and will escape and excluded from consequences of vesting it could happen by dint of chapter
2 A in O.E.A. Act. This process continued till 1970 that is for 7 years. But in 1970 Chapter 2A was deleted from Stat ute Books
and again from 18.3.1974 all trust estate again re-vested in state having local jurisdiction one appointed by State Govt. not below
the rank of Sub Judge. Then Sebayats challenged the Notification dated 18.3.74 in High Court but High Court dismissed the suit
(Writ) observing that since Chapter II-A was no longer in the statute Book so the protective umbrella of trust estate to escape
consequence of vesting was no longer present After 1974 No trust estate court escape vesting. The view of Orissa High Court was
affirmed by Supreme Court. So all trust estates after 18.3.1974 once excluded from vesting Revised in State free from all
encumbrances.

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Q – 9. Write Notes on:

Ans:- (a) Estate:- Sec. 2(g) of O.E.A. Act means land held by a zamindar totally as on estate or by an intermediary and should be
entered into Revenue entry in Reyenue Roll or Rent Roll of Register. Parala, Paikpada, Badamba, Kotderh Mahal ilaka. There are
some lands which are Revenue Paying Lands and some lands Non revenue paying lands the former is entered in revenue entry roll
but not the later.

(b) Encumbrance:- Sec.5 of O.E.A. Act encumbrance is defined which is a claim, a lien, or liability attached to property it's a
mortgage or change on any estate. It is a burden imposed upon land by the owner it is the claims and demands on the property but
it does not include Raiyati and non Raiyati lands. It includes any right in the land or other immovable property comprised in an
estate, but does not include intermediary interest. Sec. 16 of Land Acquisition Act 1894 defines it as an interest in which
compensation can be paid.

(c) Mine and Mines Tribunal:- Sec. 2(L), Sec. 13 Mine U/s. 2(L) is an excavation for searching minerals or obtaining minerals.
A mine is said to be in operation when a Notice is given under Sec. 14 of Indian Mines Act 1923 but a mine shall not include 1.
any works, machinery, tramways, side way for a Mines Tribunal Sec. 13 there shall be a District Judge who is Chairman a Mining
expert under Mines Act 1923 and a District Magistrate approved by State Govt. approved by C. Govt. if a mine is found O.E.A.
Col lector will give notice for any difference of opinion a High Court Judge nominated by Chief Justice will decide it.

(d) Intermediary:- Sec. 2(h) O.E.A. Act 19: defines an intermediary is a person who immediately holds land under a zamindar
and technically by legal fiction are called as land holder having 33 acres of land or more than that. They are popularly called as 1.
Malguzar 7. Maufidaar 6. Bahel 2. Sarbarakar 3. Gountia 4. Bajyaptidaar 10. Ilaqdaar S. Lakhrej 8. Inamdaar 9. Kharposdaar 11.
Thidadaar 13. Sub Proprietor 14. Makadam 12. Proprieter But on vesting ofestate the status of Interme diary on mutation has been
converted to Raiyats.

Q – 10. Tenancy Reforms in Odisha – An Analysis in Retrospect.

Ans:- TEN ANCY REFORMS IN PRE-INDEPENDENCE PERIOD

During the colonial rule the British enacted the Bengal Rent Act, 1859 and later the Bengal Tenancy Act, 1885 with the objective
of establishing occupancy rights for raiyats in land in zamindari areas and to limit the rent paid by sub-tenants and
sharecroppers. However, the Bengal Tenancy Act, 1885 as a whole was not applied to Odisha but a few provisions of the Act
were extended to Odisha rather in a piecemeal fashion during the period 1891-1896, when the provincial settlement operation
under S. L. Maddox was in progress in the state.3

The first major attempt to regulate tenancy in the state was made by the Odisha Tenancy Act, 1913. The Act passed by the
Legislative Council of the Province of Bihar and Odisha was meant exclusively for the Odisha division. The Act defined the rights
and obligations of all categories of tenants and contained provisions for regulating tenancy relations in the coastal districts, but in
the long run it gave scope to large scale subinfeudations under the proprietors. 4

However the urge for reform in the tenancy system became pronounced in the country in the wake of the great slump in 1930s. A
Kisan conference held at Allahabad in April, 1935 under the presidentship of Sardar Patel passed a resolution which among other
things demanded “the introduction of a system of peasant proprietorship under which the tiller of the soil is himself the owner of
it and pays revenues to the government without the intervention of any zamindar or talukdar”. 5Again the 50th session of the Indian
National Congress held at Faizpur in 1935 adopted a resolution on the agrarian programme which inter alia urged to provide “fixity
of tenure with heritable rights along with the right to build houses and plant trees for all tenants”. 6

The Congress ministries that came to power in 8 out of the 11 provinces of British India in late 1930s however, adopted measures
for providing security to the tenants but they hardly affected the lower strata of the kisans.7 It may be pointed out here that the
Odisha Tenancy (Amendment) Act, 1938 conferred on the occupancy raiyat full rights on trees standing on their holdings. Section
27-A of the amending Act further clarified that planting of trees on his holding in any manner would not render the raiyat liable
to ejectment. All types of impositions on a tenant over and above the rent lawfully payable to the zamindar were declared illegal
and as a deterrent measure for illegal exaction of the landlord or his agent, provision for levy of penalty was provided in the
Act.8 But the raiyats in Odisha hardly took advantage of the law owing to the realization that litigation so inherent in such a system
would cost them more as compared to the benefits they would acquire by the law.

The Congress Agrarian Reforms Committee set up in December, 1947 in its report made important recommendations in the
tenancy front and some were given considerations in the framing of the tenancy laws in various states. The Committee in its report
stated that ‘land must belong to the tiller’. Further it recommended that sub-letting of land should be prohibited except in certain
cases of disability for personal cultivation, that who have been cultivating land continuously for a period of 6 years should

9
automatically get full occupancy rights and that the cultivator should have permanent and heritable right of cultivation subject to
certain safeguard against mismanagement.9 The Land Revenue and Land Tenure Committee, Odisha in its report submitted in
1949 too made similar recommends in the tenancy front. In fact, the national policy on tenancy reforms gradually evolved; came
to be shaped over a considerable period of time and was greatly influenced by the recommendations of several committees and the
demands of the peasant organizations.

POST-INDEPENDENCE PERIOD
One dominant feature in the agrarian set up of Odisha in the tenancy front at the time of independence was the share-cropping
system. Evidently at the time of Independence about 15.6 per cent of the cultivable area of the state was cultivated by sharecroppers
and 3.5 per cent agricultural families were living as sharecroppers. 10 Under this system, the cultivators who cultivated the land of
others on condition of paying a portion of the gross produce of the land in kind or in cash equivalent, were mostly tenants-at-will
with no rights on the land and were subjected to eviction from the land at short notice. Most of the tenants were, however, annual
tenants and they paid as high as 50 per cent of the gross produce of the land to the landowner as rent but they had no security of
tenure. Moreover, following the country’s independence and expecting measures on abolition of intermediaries, the landed
proprietors and persons holding varying subordinate proprietary rights in lands resorted to large scale eviction of tenants mostly
the share-croppers holding lands on produce rent. This was more evident in the coastal districts of Odisha. 11

ODISHA TENANTS’ PROTECTION ACT, 1948

In order to provide some legal safeguards to the share-croppers or bhaga-chasis against arbitrary eviction and excessive levy of
rent, and to bring them within the effective purview of the tenancy law, the Government of Odisha enacted the Odisha Tenants’
Protection Act, 1948. It declared that a person who was cultivating any land as a tenant on the 1st day of September, 1947 would
continue to enjoy the right to cultivate such land and it would be unlawful for the landlord to evict such tenant. 12 However, this
sort of protection was not available for tenants who were cultivating land of a landholder having less than 33 acres of land. With
regard to regulation of rent the Act provided some relief to both the occupancy tenants and non-occupancy tenants by fixing an
absolute limit on the rate of produce rent. It prescribed the rate of produce rent at 1/3 rd of the gross produce of the land for
occupancy tenants and 2/5th of the gross produce of the land for non-occupancy tenants. However, it conferred on the landlords
the right to evict a tenant for arrears of rent by a decree unless the tenant paid the rent payable under the decree within two months
of the passing of the Act. Thus, the Act did not prohibit eviction completely rather it allowed little room for eviction on the ground
of non-payment of arrear rent.

But in actual operation the law had marginal impact in the agrarian life of Odisha. This was largely due to the fact that there was
hardly 13 per cent of cultivated land of the state where the size of holding was more than 33 acres and the number of household it
covered was only 2 per cent.13 Further, the Act was not very effective in preventing the eviction of cultivating tenants and in the
wake of the operation of the Act eviction of hundred and thousands of tenants from their lands was reported in the state. There
were also instances in which some tenants had lost their cases too in the absence of concrete evidence in their favour.

Q – 11. Discuss the Definitions and objective of odisha Land Referoms Act 1960.

Ans:- ODISHA LAND REFORMS ACT, 1960

A comprehensive act known as the Odisha Land Reforms Act, 1960 was enacted by the Government of Odisha with the object of
conferring better rights on agriculturists. The Act as amended in 1965 declared that the right of a raiyat in land held by him would
be permanent, heritable and transferable. The law generally prohibited leasing out of agricultural lands but raiyats included in the
categories of ‘person under disability’ and ‘privileged raiyats’ were exempted from this restriction. 16 Thus widows, minors, serving
member of the armed forces and persons disabled to cultivate land were allowed to lease out lands. Interestingly the Act as amended
in 1976 treated a raiyat owing less than 3 standard acres as a disabled person. Further ‘privileged raiyats’ that included co-operative
societies, the Lord Jagannath Temple, temples and trusts of public nature were exempted from tenancy restrictions. The Act
provided that a raiyat would be liable to eviction for using the land in the manner that render it unfit for agriculture, for leasing
out land in contravention of the provisions of the Act.
It also provided that the rent payable by cultivating tenant was not to exceed one-fourth of the gross produce or value there of. For
guaranteeing security of tenure to the tenants, the Odisha Land Reforms Act (as amended in 1965) provided that the landlord could
resume on three months notice only a prescribed portion of the land leased out but failure to cultivate the resumed land within a
period of one year would call for restoration of the land to the tenant whose tenancy had been terminated. The Act provided that a
tenant could not be ordinarily evicted from the land by the landlord except on grounds of using the land that makes it unfit for
agriculture, failure to cultivate the land personally and failure to pay the rent in stipulated time. However it provided that a person
either as a raiyat or a tenant having no permanent and heritable right in respect of any site on which his dwelling house or farm
house stands, after the commencement of the Act was to be treated as a raiyat in respect of the whole site or a portion thereof
provided it does not exceed one-fifth of an acre. The provision was also made applicable with respect to the dwelling houses
constructed by agricultural labourers, village artisans and the sites on which such houses stand.

10
The Odisha Land Reforms Act as amended in 1973 (Act 17 of 1973) further provided that a tenant would become raiyat in respect
of the land under his occupation on an application made by the tenant to that effect within 2 years from the operation of the
amended Act. i. e, 2 October, 1973. Section 36 further provided that in the absence of application of the tenant to claim raiyati
right, the revenue Officer could initiate action on that behalf on his own motion. 17 Section 36-C of the Act also laid down that a
tenant would become a raiyat in respect of the land that was leased out to him after 1st October 1965 in contravention of provisions
of the act provided an application to that effect would have been made to the Revenue Officer within two years from the
commencement of the Odisha Land Reforms (Second Amendment) Act, 1975 or the date on which the land was let out, whichever
was later.

It is true that provisions exist in statute for protection of tenants and conferment of occupancy right on them, but in practice not
many tenants in the state have taken benefit of the laws as establishing tenancy rights over land was difficult for most of the
tenants. However by June 1991, an extent of 40,470.669 acres of land has been settled on raiyati basis in favour of 46267
sharecroppers in the state 18 It may be pointed out here that legal provisions in favour of the tenants were ineffective in certain
circumstances especially when the tenancy agreements were oral and rent receipt had not been provided to the tenants for payment
of rent. Moreover the highly defective land records, the prevalence of oral leases, absence of rent receipts and the ignorance of the
tenants with regard to the legal provisions made the tenancy laws largely ineffective in the state. The point to note here that the
proportion of holding with partly or wholly leased in land called ‘tenant holding’ though declined from 15.2 per cent in 1981-82
to 9.9 per cent in 2002-03 at All- India level19 no significant change was taken place in Odisha with regard to this during the said
period. On the contrary, data indicate (see table-1) an increasing trend in the percentage of tenant holding and leased-in area in the
state during the aforementioned period.
Table -1
Percentage of tenant holdings and operated area leased in for Odisha
_________________________________________________________
Year Percentage of Percentage share of
tenant holding leased-in area
1981-82 18.2 9.9
1991-92 16.9 9.5
2002-03 19.4 13.0
Source: Some Aspects of Operational Land Holdings in India, 2002-03, NSS 59th round, January- December 2003, Report No.
492.

Further in 1971-72, 41.8 per cent of leased in area of the state was under sharecropping, 13.8 per cent and 7.8 per cent of leased
in area were under fixed produce and fixed money respectively.20 But the enactments of several tenancy laws have not introduced
significant change in the tenancy system in the state. Around 17 per cent of households leased in land in the state in 1981-82. After
three decades i.e. in 2003, 15.70 per cent of rural households leased in land in the state, quite greater than the all-India average of
11.52 per cent. The ratio of land leased in to total area owned in 2003 was over 14 per cent in Odisha but at All-India level it was
only 7 per cent.21 Sharecropping continues to be the most dominant system of leasing of land in the state.

Table -2 Changes in share of different types of tenancies in total leased-in area in Odisha

Terms of lease 1981-82 1991-92 2002-03

Fixed Money 5.1 19.7 11.1
Fixed Produce 8.1 4.7 7.8
Share of Produce 42.0 50.9 73.0
Others 44.8 24.7 8.1
All terms 100.0 100.0 100.0
Source: Operational Land Holdings in India, 1991-92, NSS 48th round, January-December 1992, Report. No. 407 and Some
Aspects of Operational Land Holdings in India, 2002-03, NSS 59th round, January- December 2003, Report No. 492.

On the other hand restriction on tenancy has given rise to informal and concealed tenancies with terms of lease being shorter and
seasonal obviously to circumvent tenancy provisions. Further provision exists for regulating rent, but the provisions are not strictly
adhered to in land tenancy and various government reports and studies conducted at village level have shown that the rent paid by
the tenants were usually much higher than the stipulated amount. 22Besides, the concession of allowing the landlords to resume
land for personal cultivation have secured the eviction of mass of tenants. It may be noted that the concession was given with the
object of inducing the cultivating landlords to undertake personal cultivation and to control absentee landlordism. However, the
landlords have taken advantage of this loophole in the laws and though no accurate data is available on how many tenants have
been evicted in the state, it is openly confessed at the national level that tenancy reform was an impetus for ejectment of tenants
throughout the country.

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Q – 12. What is Intermediary? What is Homestead and Khas-possession in O.E.A. Act and how are they settled ?

Ans:- Intermediary:- Sec. 2(h) O.E.A. Act 19: defines an intermediary is a person who immediately holds land under a zamindar
and technically by legal fiction are called as land holder having 33 acres of land or more than that. They are popularly called as 1.
Malguzar 7. Maufidaar 6. Bahel 2. Sarbarakar 3. Gountia 4. Bajyaptidaar 10. Ilaqdaar S. Lakhrej 8. Inamdaar 9. Kharposdaar 11.
Thidadaar 13. Sub Proprietor 14. Makadam 12. Proprieter But on vesting ofestate the status of Interme diary on mutation has been
converted to Raiyats.

Homestead U/Sec. 2() means dwelling house used by intermediary for the purpose of letting out Rent together with garden,
courtyard and orchard out buildings attached thereto also includes tank and library state. U/Sec. 6 of O.E.A. homestead of Buildings
on which Buildings stand in possession of intermediaries and used as goals factories or mills is to be retained by them on payment
of rent with effect from date of vesting and lands Rest houses usually for storing pur poses of rent factories, mills and for keeping
cattle shall be deemed to be settled with Govt. as determined by Collector Homestead with Actual possessing shall be settled free
of Ground Rent. Khas possession defined U/2 (J) is cultivated lands for carrying out agricultural operations and horticultural
purposes either intermediary himself for on hired labour, own servant, hired stock etc. U/Sec. 7 it is deemed to be settled by
Government on payment of rent and hold them as raiyats having occupancy Right sub. In case of a trust estate or waste lands used
before vesting and used for religious purpose before date of vesting has to be mentioned.

Q - 13. Who is a Raiyat and how many types of Raiyat are there in Revenue Law ? Is there any differ between a Raiyat
and Tenant with special reerence to Homestead Raiyats and Tenants U/ S. 9 & 10.

Ans: Who is a Raiyat:- A person who holds land im mediately under a tenure holder having stitiban right or Occupancy right is a
raiyat and whose right is perma nent, heritable and transferalble.
Types of Raiyat:- There are 4 types of Raiyats in Revenue Law. They are as follows :

1. Deemed Raiyats 2. Settled Raiyats 3. Privileged Raiyats 4. Homestead Raiyats Tenant. Raiyat: -U/Sec. 4 of O.L.R. Act ,-U/s.
24, 26 of O.T. Act -,U/Sec. 2 (24) of 0.L.R., -U/Sec. 9 of 0.L.R. Yes there is difference between a Raiyat and Tenant

Raiyat:- 1.A Raiyat has a permanent right, heritable right and transferalble right. 2. Raiyat Right is now a superior right and a
Raiyat is a landlord. 3. Sec. 4 O.L.R. Act, Sec. 24 0.T. Act tenant has a superior right. 4. A Raiyati right Magna Cafa like and
never vests. 5. A Raiyat is not exploited like a tenant after |.l46. 6. They cannot be thrown out. Tenant:

Tanant:- 1.A tenant right is not heritable, transferable and per manent. 2. A Bhagchasi right is inferior as they are inducted in
cultivation for just l year. 3. Sec -2( ) ofO.L.R. defines a tenant who has no right in the land of another but is under Bhag, Sanja,
Kata. 4. A tenant U/Sec. 4 0.T. Act and a sub-tenant have a relatively superior right. 5. A tenant is always a victim of exploitation.
6. They can be thrown out from cultivation at will.

Homestead Raiyats: Sec. 9 of 0.L.R. and Sec. 4 (5) there is a provision ofbecoming Homestead Raiyats statutorily. A persOn not
having a dwelling house if from 1.10.1965 having permission of the landlord can apply U/Sec. 9 lo be declareç as Homestead
Raiyat in 1 1/5n of an acre for which he will be paying compensation which will be decided by Revenue Officer.

Q – 14. What are the functions of a Collector.

Ans:- Collector :

According to section 3 (c) the expression "Collector means the collector of a district and includes a Deputy Commissioner and
any officer specially appointed by the appropriate Government to perform the functions of a collector under this Act.

Even when lands are acquired for railways, municipalities and District Boards or other local bodies, or companies, the land is
acquired by the Government and after acquisition is handed over to the local body or company concerned. The Collectors are,
therefore, entirely independent of the local body which acquires the land.

'Collector is a genus of which the Land Acquisition Collector is one of the species.
The Assistant or Deputy Collector or an Assistant Commissioner or Extra-Assistant Commissioner may be invested with the
powers of a collector of a district. It does not include any officer to whom the Deputy Commissioner thinks fit to delegate his
duties. An award made by such delegate is illegal.

12
The Collector is in no sense of the term a judicial officer; nor is the proceeding before him a judicial proceeding. The collector
acts as an officer or agent of the Government or of the company for which Government take up the land.

The collector acting under this Act being not a judicial officer, cannot be properly regarded as a Revenue court within the terms
of section 476 of the Code of Criminal Procedure. His proceedings under the Act are not regulated by the Code of Civil Procedure
nor is he in requiring a petition put in before him to be verified in accordance with the Code so as to make any false statement
punishable as perjury. The collector has no authority to administer Oath.

His enquiry and his valuation are departmental in their character and made for the purpose of enabling Government to make a
tender through him to the persons interested. The collector is not in a position to pass any final order in the matter of the value of
the land of the right to claim the price fixed. A party dissatisfied can claim a reference to the civil court, whose duty it is to settle
the matter in dispute judicially.

Collector's jurisdiction under the Land Acquisition Act is limited. He is bound by the official declaration in the Local official
Gazette. The Collector cannot acquire or give possession of any land beyond the boundaries given in the declaration. If he does
so, he commits an act of trespass.

Q – 15. What is the meaning of Agricultural year? What is vesting and what are the consequences of vesting under O.E.A.
Act?

Ans:- The year commencing on the first day of April shall be the agricultural year, anything in any law to the contrary
notwithstanding.

All references in law to a Fasli year, Amli year or Revenue year or any other agricultural year, howsoever defined, designated or
locally known, and such references, in the absence of an intention to the contrary, in any contract, deed or instrument shall be
constructed as references to the year specified in clause (a) Section 2 of the Orissa Agricultural Year Act 1963 (24 of 1963).

Vesting and Consequences of Vesting (Sec - 5) O.E.A

In consequences of vesting everything vests except Rajyati Right. So the things which are likely to vest are:-
1. Entire estate 2. Communal lands 3. Parambokes 4. Neechas 5. Nijowot 6. Rakhito 7. Anabadi 8. Gochara 9. Orchards 10.
Quarries 11. Forest 12. Mines 13. Minerals 14. Quarries 15. River 16. Stream 17. Tanks 18. Irrigation works 19. Water channel
20. Fisheries 21. Ferries rears of land revenue. 22. Hatas 23. Buzars 24. Buildings 25. Structure 26. Non Raiyati

Then Rent Cess and Royalties and other dues shall be payable by State Govt. in form of compensation to the outgoing intermediary
and zamindar as arrears of land revenue. No suit shall be entertained by Civil Court for any money due and the pending shall be
dropped. If the charge is disputed for any other mortgage or lease and here the 5(i) Collector shall leave this issue for Board of
Revenue who shall prevent for breach of peace for any damage or destruction or deterioration. For mines, minerals, kutcheries,
homestead and khas possession the Collector leaves it to B.O.R. A Notice shall be sent in writing to the inter mediary for production
of Accounts register, maps, plans, papers necessary for administration and man agreement of an estate either by Collector. And
under Sec. 3.3A, 3B, 3C there is vesting of estates in States.

Q – 16. Concepts and Expressions of Revenue Laws in odisha.

Ans:- The first legislation in the State of Odisha after independence was the OEA Act, 1951i. This came into effect on 1.1. 1946.
The intention of this legislation was targeted to liquidate the feudal class of persons who were hardly contributing to the
development of the land and seldom were producing yields by agricultural occupation. Rather they were having the ownership
over the vast acres of land and were giving land on various tenancy basis and were collecting revenue out of it which they further
were giving to the King or the British administration, thereby keeping alive their status and power. The person who was doing the
agricultural activity, the farmer, the tiller, the tenant were living in abject poverty and working just like a bonded labour. Before
this Act of 1951, there were other legislations which tried to some extent ameliorate the conditions of this class of person. The
Orissa Tenancy Act, 1913 and Orissa Tenant Protection Act, 1948, gave protections to these tenant class of persons by not to be
evicted of from the agricultural land at the whims of his landlord. Also, fixed the rent to be realised by the Landlord over the land
both in cash or kind. However, the OEA Act, 1952 directly hit the Landlord feudal class of persons. It was to establish a direct
relationship between State government and tiller. Two important concepts, intermediary and Estate were introduced to hit the
feudal class and a concept of khas possession was introduced to give them some concession. Before going for the next important
legislation, Orissa Tenancy Relief Act, 1955 was introduced as a gap arrangement. The next important and kernel legislation is
Orissa Land Reform Act, 1960. This legislation in order to achieve agrarian reform gave sovereign or highest rights to farmer also
making a cap to on the part of a person to retain land, on the later period around 1972. And in order to further achieve that, for

13
better maintenance of land records and ascertaining the status and position of land, Orissa Survey and Settlement Act, 1962 was
introduced. The survey and settlement work is a continuous process, as land is one of the key factors of production and subject to
intense commerce. Prior to Independence of India, it had happened in Odisha in different parts at different times, and in the future
it shall take place with the latest technologies under the new Survey and Settlement Act. The next important piece of legislation
in order to give a farmer a larger part of land confining it at one place to facilitate his farming without moving hither and tether
was Orissa Consolidation of Holding and Prevention of Fragmentation of Land Act, 1972. Here too, survey work was conducted
in the village where it was made application. However, this survey was done primarily for consolidations. With these key
legislations among many others, the revenue administration is conducted in case of Odisha. These legislations have used a host of
words and colloquial expression to represent various concepts.

CONCEPTS UNDER THE LEGISLATIONS

Intermediary: This concept was introduced to identify the feudal class of persons in the state. This concept was introduced in
Orissa Estate Abolition Act, 1951. As the per the English meaning, this class of persons were coming in between the State
Government and the tiller or farmer of the land. And since, farmers were the class of persons who deserve to be endowed with
rights of ownership over the farmland so that he shall do the agricultural activity undisturbed, it was in the interest of the state
government to elevate the financial condition of this class of person. The words used to refer to this concept were Zamindar,
Sarbarkar, Thikadaar, Muafidar, Gountia, Pradhana. It was to achieve the self-sufficiency in food for the country, to protect the
mainstay of employment and to eradicate poverty.
Estate: This represents the rights, title and interest over the land or immovable property kept by the feudal class of persons in
Odisha represented who were under the expression, intermediary. Orissa Tenancy Act, 1913 and Orissa Estate Abolition Act, 1951
used this expression. Sec 3(7) of Act, 1913 estate means land included under one entry in any of the general registers of revenue-
paying lands and revenue-free lands. Prepared and maintained under the law for the time being in force by the Collector of a
district, and includes Government khasmal and revenue-free lands not entered in any register and includes the interest of sub-
proprietor.
Khas Possession: It is a concept where a person has actual possession by himself or through a temporary tenant of agricultural
land, by an intermediary; he shall be allowed to retain that land. For actual possession, by himself, he shall retain all those land in
possession. And through temporary tenants, the intermediary can retain up to 33 acres. Beyond that, the land shall be ceded to the
government as an estate.
Service Tenure: These are the class of persons who were holding land as they were offering service to the villagers as a whole or
the earliest while rulers or the intermediary, with or without revenue as per the agreement, custom or convention. OEA Act, 1951
given scope for the settlement of land to these persons u/s 8. Eg. Chowkidar, watchman and the blacksmith got rent-free land as
Jagirs from the State for the service rendered by then.
Ceiling: A concept where land held in vast acreage by the then zamindar or landholders was restricted. It was first impliedly used
in the OEA Act, 1951, where an intermediary cannot keep land more than 33 acres through his temporary leasee, and subsequently
in ORL Act, where a landholder and his family of 5 members cannot keep more than 10 Standard Acre as well as Homestead Land
more the 3 Acres. Land beyond these were liquidated and vested to the government.
Consolidation: It is the process by which different parcels of land are compacted together or an amalgamated together. It is
amalgamation of lands to make it larger so that agriculture can be done suitably. The concept is introduced in the OCH and PFL
Act, 1972ii. After consolidation, the compact parcel of land is made and it is known as Chaka (round-shaped). So consolidation is
the process and Chaka is the end. As per sec 2 (e) of the Act „Chak‟ means a compact parcel of land allotted to a landowner on
consolidation, and sec 2 (f) "Consolidation" means amalgamation and re-distribution of a parcel or parcels of land comprised in
different holdings of a unit for the purpose of rendering such holdings more compact.
Fragmentation: It means breaking or fragmenting Consolidated or Chaka land, which as per introduced in OCH and PFL Act,
1972. The object is not to create fragmentation as it shall dis-incentivise agriculture. This objective is fortified by Sec 34 of the
Act, where creating a fragment one cannot transfer the land to other creating a fragment. However, creating a fragmentation for
the sale of the land or transfer can be made only through the Revenue Officer who shall auction sale to a land-owner of a contiguous
Chaka at market value. As per section 2 (m) of the Act, fragmentation means a compact parcel of agricultural land less than one
acre in Cuttack, Puri, Balesore, Ganjam and in Anandapur, and less than two acres in case of other areas of the state of Odisha,
hold by a person either individually or jointly.
Mutation: Changing the recorded name of a person in the record of right to that of the latest person, due to sale or inheritance or
succession etc. Application is filed before the Tahasil office for the changing of name by the latest person so that he should pay
the revenue or the revenue be collected from his name. Mutation records are more in the nature of fiscal entries instituted in the
interest of State.
Conversion: Changing the status of land from agriculture to the homestead done under OLR Act, 1960iii. From the perspective of
revenue, understandably, a homestead is levied with higher rents.

14
Q – 17. Discuss the Be – Bandobast under Orissa estate abolition Act, 1951 & Orissa Estate abolition rules, 1952.

Ans:- Bebandobasta land is one in which status of the land owner has not been decided and rent has not been fixed due to operation
of law. i.e, after commencement of Odisha Merged States Act,1950 and Odisha Estate Abolition Act ,1951.

On 1st April 1936 ,ODISHA came in to being with erstwhile Cuttack, Puri, Balasore, Sambalpur District, Angul Sub Division,
Ganjam , Koraput and Baliguda Sub division of Madras Presidency ,Khariar Ex- Zamidndari and Mahadevpalli Sub division of
Central province and Berar. On 1.1.48, 25 nos. of Princely states merged. Subsequently 2 of them(Sareikala and Kharsuana were
transferred to Bihar.) On 1.1.49 Mayurbhanj State merged.13 district created
and now 30 districts. By this time large blocks of lands were controlled by handful of persons called ZAMINDARS. The system
tended towards insecurity of the tenures of the actual tiller of the soil ,who were subjected to oppressive rents and other personal
obligations .It gave rise to absentee land lordism .It was not possible to ensure social justice by fair distribution of the income
among the real cultivators with a view to bring about agricultural development and better standard of living of the common man.
In the post independent Odisha ,efforts were made to do away with land lordism and to bring the actual tiller in direct
relationship.With the above back ground the present Act has been enacted.

II.Bebandobasta
The Bebandobasta status arises by operation of different Laws during postindependence period. The lands which are left out by
the Settlement Authority at the time of settlement operation and not recorded in the Tenants’ Ledger are known as Bebandobasta
lands which are not assessed to rent. The Government has extended time for filling of application by the intermediate for settlement
of land u/s 6, 7, and 8 of the OEA Act, 1951 till 31.12.1977 vide Letter no. 6003, dated 15.07.1977. After expiry of above
mentioned time period, the nonclaimed lands have been recorded as Bebandobasta status in the newly published RoR. Two
important legislations - the Orissa Merged States(Laws) Act, 1950, the Orissa Estate Abolition Act, 1951 and the Orissa Estate
Abolition Rules, 1952 have relevant provisions for ‘service tenure’ which is focus of this study.(Laws) Act, 1950, the Orissa Estate
Abolition Act, 1951 and the Orissa Estate Abolition Rules, 1952 have relevant provisions for ‘service tenure’ which is focus of
this study.(Laws) Act, 1950, the Orissa Estate Abolition Act, 1951 and the Orissa Estate Abolition Rules, 1952 have relevant
provisions for ‘service tenure’ which is focus of this study.

III.Service Tenure
Service tenure is a grant for service rendered by different communities during reign of ex-rulers. Such grants were mostly rent
free. After the merger of princely states and abolition of intermediaries’ interests, the concerned laws have accorded Raiyati status
to the possessor of certain types of land tenures. The claims of such tenure holders had to be settled by prescribed authority as per
the relevant sections of the Orissa Merged States (Laws) Act, 1950. As per the Section 7 (g) of the Orissa Merged States (Laws)
Act, 1950, service tenures under Ex-Rulers/family (Paikas, drummers, barbers, washer men, jhankar, dancing girls etc.) cases will
be recognized as deemed Raiyats and fair and equitable rent has to be fixed. Subsequent to this Act, provisions has also been made
u/s 4 (1) (g) of OLR Act, 1960 that persons entitled to acquire rights of occupancy under Clauses (g) and (h) of Section 7 of Orissa
Merged States (Laws) Act, 1950, are deemed to be Raiyats. Accordingly, the entitled persons and their successors are liable tobe
assessed with fair and equitable rent in Raiyati status. Previously, such lands were not transferable neither prior to vesting nor after
vesting. Government had issued instructions to allow such transfers made till 08.05.1975 (G.O. No. 64216/R, dated 09.08.1976)
except in case of trustestate and private deities made through valid Registered Sale Deed up to 25.08.1983. As per As per Section
8 (2) of OEA Act, 1951, service tenures rendering services to villagers, commonly known as “Deshahat Jagirs”. They continue to
hold land on same terms and conditions as before. As per Section 8 (3) of OEA Act, 1951, lands held by personal service tenure
(NarihaNaukari, DhobaiNaukari Mafi etc.) are allowed to be settled on application on fair and equitable rent. In case of transfer
cutoff date was 25.08.1983. As per this Section, holders of service tenures for personal service to the intermediary are however
freed from theliability of rendering service. Those lands are supposed to be settled with them as per Section 8 A of the Act and
Rule 7 of OEA Rules, 1952. As per Para 3.V of R&DM Cirular no. 3776/R&DM, dated 02.02.2017, it has been instructed that,
“Lands held as service tenure under the ruler or any member of his family u/s 7 (g) of the Merged States (Laws) Act, 1950 or
land held for service as village servant u/s8 (2) of the OEA Act, 1951, land held rendering service to the intermediary u/s 8 (3) of
the OEA Act shall be settled with them or with their successors-in-interest or their transferees through transfer by registered sale
deeds”. As per Para 4 of R&DM Circular no. 44664/R&DM, dated 23.12.2017, the earlier instructions to recognise the valid
transfer prior to 25.08.1983 issued vide letter no. 57677/R&DM, dated 06.12.2000 is superseded with the issue of the new Circular
no. 3776/R&DM, dated 02.02.2017.
In case of transfer, the valid transfer through registered sale deeds shall berecognized. In absence of registered transfer deeds, any
claim of transfer shall be rejected. Similarly, if any transfer has been made in contravention of Section 22 of the O.L.R. Act, 1960
or regulation 2 of the Odisha scheduled Area Transfer of Immovable properties (by schedule Tribe) Regulations
1956, the same shall not be honoured and rejected forthwith.

IV. Hearing of Cases

15
In case of service tenure, it will be enough for the Tahasildar/Additional Tahasildar to collect evidence through local enquiry and
hearing that the persons in possession or their ancestors P a g e | 6 were the service tenure holders under the ex-ruler or any of their
family members. They were rendering the particular service without getting anypayment or wages except the rent free land and
are continuing to possess the land either as successors-in-interest or on the basis of valid transfer deeds executed. On being satisfied
on these points, the Tahasildar/Additional Tahasildar may allow rent settlement over the land without insisting for any further oral
or documentary evidence.RoR is a vital evidence, having presumptive value and we cannot go against the entries made in the RoR
unless order passed by by a competent Court. Considering the entries of RoR as correct until contrary proved, the mentioning of
“Service Tenure” in the remark column in RoR has evidentiary value for disposal of a Bebandobasta case.

V.Procedure for Settlement

Step-1
Institution of Case and Verification of Records: Institution of case as per the report of the Revenue Inspector in prescribed Form
(Annexure A). Verification of records by Record Keeper.
Step-2
Sabik and Hal Comparison: A correspondence needs to be made between Hal records with the Sabik records/pre-vesting records
(Pre-1950 to 1965 RoR in force).
From Sabik records, the status of the land and owner at the point of time i.e. 01.01.1946 may be ascertained. From Sabik
records, the instituted case will fit into Section 7 (g), 7 (h) of OMS (Laws) Act, 1950 or Section 6, 7, 8 (2), 8 (3) of OEA Act,
1951.
From Sabik records, genealogy of Sabik land owner will be prepared and tallied with the present owner. Both Sabik land owner
and present owner if tallied as ancestor, then it can be settled with present owner on verification of their documents. If it does not
tally, then the land in question might have been taken into possession by way of transfer. Then, it needs to be verified whether the
transfer is through registered document. If the registered document was made prior to the issue of R&DM Department Circular
no. 3776/R&DM, dated 02.02.2017, then it may be settled with transferee or his successor-in-interest, subject to provision of
Section 22 and 23 of OLR Act, 1960 and Regulation (2) of 1956, if applicable.
Step-3
Notice:
Public notice to the Gram Panchayat or Urban Local Body in prescribed Form (Annexure B) will be issued. Individual notice will
be issued to the recorded tenant in the RoR and also to the person who is occupying the land at present as per report of RI in
prescribed Form (Annexure C). At least 15 days time will be given for presenting objection, if any.
Step-4
Local Enquiry:
Local enquiry should be made in the village where the land is situated. Prior to it, public notice inviting objections if any should
be made. By this process the actual position and possession can be ascertained properly.
Local inquiry will be conducted and hearing will be done simultaneously, preferably in the village and Memorandum of Enquiry
in prescribed format (Annexure-D) will be prepared by the Tahasildar/Additional Tahasildar. This Memorandum of Enquiry will
form part of the Bebandobasta Case Record and will mention the history of land in question starting from prevesting period till
date and how land devolved with present Raiyat.
Step-5
If Not Satisfied: Land pertaining to the cases which are rejected or disallowed should be taken to corresponding Abad
JogyaAnabadi (AJA) Khata and encroachment case should be started and dealt as per provisions of OPLE Act and Rules.
Step-6
If Satisfied: The local enquiry report as well as the order sheet should contain the details of the devolution and succession of right
and title from the date of vesting and relationship of the present occupant to the person who possessed the land at the time of
vesting. If it is a case of transfer the sale deed no., the date of execution, details of vendors and vendees and details of interim
deeds, if any, shall be mentioned in order sheet.
Step-7
Confirmation by the Sub Collector: The order for settlement ofBebandobasta land made by the
Tahasildar/Additional Tahasildar shall be confirmed by the Sub Collector.
Step 8
Salami and Rent: After confirmation by the Sub Collector, Salami has to be collected from the occupant of the land as mentioned
below per acre basis. Salami andRate
Salami has to be collected as mentioned below per acre
Class of land Amount of Salami per Acre
Homestead &class I 2250/-
Class II 1500/-
Class III 750/-
Class IV 500/-
Rent has to be fixed as per prevailing rate of that village as per latest RoR depending upon Kissam of the land.
Step-9

16
RoR and Map will be corrected by the Record Keeper and the new Patta will be issued.
Step-10
Aggrieved person can file an appeal before the Sub Collector against the disposed case within 30 days. The Member, Board of
Revenue Odisha has the power to review any case instituted, rejected, dismissed, allowed or pending withany authority subordinate
to him on his own motion.

Q – 18. Discuss the Issuance of Tenancy certificate or Residential certificate under the Land Tenure.

Ans:- The Residential Certificate Odisha is an important document in the state. It is proof residence issued by the local government.
t can be used to apply for jobs, gain admission to educational institutions, and access other government services. The residential
certificate subject to periodic renewal. Residential Certificate Odisha is an official government document. It is used to verify a
person's residency status. It verifies that a person is a legal resident of Odisha. The Tehsildar issues this document to the state's
permanent residents.

Residential Certificate Odisha needed:

In Odisha, the Residential Certificate is required for the following reasons:
1. All state-based scholarship programs need a residential certificate. To receive the scholarship, the candidate must present it at
the university.
2. Individuals must present the residential certificate Odisha to benefit from state government programs.
3. Individuals must have the residential certificate Odisha to be considered for jobs in state reserve quotas.

Eligibility Criteria for Residential Certificate Odisha:

The eligibility criteria for residential certificate in Odisha are as follows:

1. The individual must have lived in a village or town in the state for at least one year.
2. An individual who owns a copy of the Record of Rights (RoR) for a residential plot in the state.
3. A Woman from another state marries an Odisha permanent resident.
Apply for Residential Certificate Odisha:

Eligible state residents can apply for a residential certificate Odisha online and in person. Online Application Procedure Residential
Certificate Odisha .

1.Visit the District Odisha official website at https:/ledistrict.odisha.gov.in.

2. Under the 'e-Certificate' heading, select the 'Resident Certificate' option.
3.A pop-up window with the guidelines will appear on the screen.
4 Review the guidelines carefully before proceeding further.
5. Click on the' Register' button on the top right side of the page.
6. Enter your details and click the 'Submit' button.
7. Enter your login credentials to enter the eDistrict Odisha website.
8. Fill out the form with the necessary upload the essential documents, and click the information, button.
9. Make a note of the application reference number to track the application status in the future.
10. 'Submit'

Documents Required for Residential Certificate:

Odisha Applicants can furnish any one of the following documents:

" Electricity bill, " Aadhaar card, " Copy of ROR, " Landline telephone or water connection bill , " Tax receipt, " Ration card Lease
agreement, " The first page of the bank passbook Certificate from the employer, " NREGA job card, " Extract of the latest voter
list

Residential Certificate Odisha Validity:

Residential Certificate Odisha is usually valid for five years in Odisha. The Residential Certificate Odisha must be renewed every
five years to remain valid. Residents must note that the validity duration is subject to change. The local governing body may issue
new rules and
regulations about the Residential Certificate Odisha renewal.

Check Residential Certificate Odisha status online:

17
To check the Odisha residential certificate online follow the below steps: Visit the e –District Odisha official website.

" On the website homepage, scroll down and click the 'Check Your Application Status' Iink.
" Choose Through Application Reference Number.'
" Enter the application number here.
" Then, select Track through Application Submission Date' and enter application submission date.
" After entering the verification code, click the 'Submit' button.
" The application's status will be displayed.

Within 10 days of receiving the application, the Revenue officer should verify and issue your Residential Odisha Certificate.

Download Residential Certificate Odisha:

To download the Odisha residential certificate here is what you need to do:
" Visit the eDistrict Odisha official website.
" On the homepage, click the Verify Your
Certificate' option.
" Enter the 'Enter Application Reference Number' and 'Token Number' and then select 'Get Certificate.'
" The certificate will be shown; you can download it by clicking the download
button.

Q – 19. Briefly indicate the aims, scopes and objectives of the Orissa Land Reforms Act, 1960. State t the changes in respect
of agrarian reforms brought about in the Act.

Ans : The Orissa Land Reform Act, 1960 (Orissa Act 16 of 1960) being a progressive piece of legislation which are at conferring
better rights on agriculturists to ensure increase in food production with a view to make the state self-sufficient.

In Orissa about 80 percent of the population depend on land for their livelihood. But most of the population remain below poverty
line. The important problem is to find out ways and means for making the land more productive and the rural economy dynamic.
For the development of the agrarian economy is to eliminate all elements of idle income derived from land. The next comes the
conferment or rights of the Ownership on the tiller.

The legislature states the enactment of a piece of progressive legislation in agrarian reforms and land tenures.. Progressive
movement is ought to be land to the tillers. Progress may be achieved by gradual steps or by rapid stride. The preamble makes it
clear that no revolutionary changes
are meant.

Objectives - The main objects of land Reforms Act, based on the following principles.

(a) conferment of lights of ownership on the tiller.

(b) security of tenure and fix of reasonable rent so that right of ownership becomes effective.
(c)fixation of ceiling on holdings.
(d)administrative implementation of necessary land reforms and land records.

(a) Conferment of rights of ownership - This Act gives the raiyat permanent, heritable and transferable right over the land held
by him and leasing of land except in case of persons under disability of privileged raiyat, has been prohibited.
(b) Fixation of reasonable rent - No landlord shall be entitled to cover from his tenant more than one fourth of the gross produce
of the land or the value thereof or the value of one fourth of the estimated produce as rent. However, such rent shall in no event
exceed the fair rent in respect of such land.
(c) Fixation of Ceiling - The ceiling area in respect of a person shall be ten standard acre. Provided that where the person is a
family consisting of more than five members, the ceiling area in respect of such person shall be ten standard acres increased by
two standard acres for each member in excess of five. The ceiling area shall not exceed eighteen standard acres. The surplus lands
shall vest absolutely in the Government free from all encumbrances. These surplus lands are distributed among the Scheduled
Castes and Scheduled Tribes and landless people.
(d) Administrative machinery implementation of land reforms - For the implementation of land reforms Government had
made an administrative machinery which Ýs called Land Commission. The Commission consists of seven members and one of
them for is the Chairman of the Commission. The Land Reforms Commissioner is the ex-officio Secretary of the Land
Commission. The duty of the Commission is to review the progress of land reforms from time to time, publish report at least once
a year and shall advice Government in all matters relating to land Reforms.

18
Q – 20. Discuss the Rights of Raiyats and Prohibition of letting and a temporary Ban on transfer of land settled by
Government?

Ans:-The Rights of Raiyat in any land held by him under Section-6 shall be permanent, heritable and transferable. Not
withstanding anything contained in Sub Section l but subject to Sub Sec. 3 any transfer after commencement of the Act by way of
a lease of any land held by a Raiyat shall be void and operative. But Sub-3 carves out an exception where per sons under disability
and privileged Raiyats can lease it out. But he provisions do not apply. If the transfer
proce3eding before commencement of the Act as held in Sarbeswar Versus Dibakar 1973 (2) CWR 1317.

But U/Sec. 64 not withstanding anything con taining in Sec. 6 S.S. I but subject to provision of Sub Section 3 any transfer by a
Raiyat of any land which has been settled with him for agricultural purposes under a permanent lease if such a transfer is made
within a period of ten years from the date of settlement. With out prior permission in writing by R.O. or sold in an execution of
providing shall be void. The document is also should be accompanied by compulsory Registration U/Sec. 17 of Indian Registration
Act 1908. But again U/S.S. 4 there is an exception of being mortgaged in a mortgager mortgagee relation ship where the mortgagee
should be a scheduled Bank or Orissa Co-operative Society registered under Orissa Co-operative Society Act 1962.

Q – 21. Discuss Grounds of Eviction of Raiyats and tenants. Do you think is a successful one?

Ans:- Grounds of Eviction of a Raiyat (Sec -8 O.L.R)

1. A Raiyat shall be liable to be Evicted if he –

a) Has used the land comprised in the building in a manner which renders the purpose of agric there. b) Has leased out the land in
contravention of provision of sec – 6 or has failed to cultivate the land personally; or c) Has used the lands for any other purpose
other than agriculture.

However a construction ofa house for residential purposes and his family members together with all necessary out houses shall be
deemed to be for agricultural purposes.
2. Here he is given a 3 months notice in writing from the land lord intimating his intention to evict and such eviction on grinds
specified in Claus (a) of sub-sec I shall not take effect unless the raiyat within a period of One year from the date of service of
such notice fails to restore the land to a condition fit for agriculture.

Grounds pf Eviction of a tenant: - (sec-14)

The landlord shall evict a tenant u/sec -14 of O.L.R if the tenant

a) Has used the land in a manner which renders it unfit for purposes of agriculture or, b) Has failed to cultivate the land properly
or personally. c) Has failed to pay or deliver to ti: landlord the rent within a period of 2 months from the last dispute regarding the
quantum of Rent.

2. Without prejudice to the provision of sub-sec () but subject to provisions of sub-sec (4) and (5) a tenant shall cease to have the
right to cultivate

a) In any case where the landlord is a person under disability at the end of the year during which the disability ceases.

b) Where the landlord being a privileged raiyat or a person under disability ceases to be a landlord at the end of the year during
which such cessor takes place.

If its a case of transfer by a landlord the ten ant shall not cease to have the right to cultivate the land unfit after the expiry of a
period of 6 months from a date of service of a notice by the landlord to tenant. Intimating him about the particulars of such transfer
and where the said period terminates on the day period to the land day of a year the cessation of right of tenant to cultivate land
shall take place at the end of the year.

Grounds of Eviction of tenant in a bit incongruous in the context of addition of sub-section (2) and(3) made later on.

19
2.Where the landlord specified in cl(a) of sub-sec 2 fails to resume the land for personal cultivation at the end of the year them
such landlord shall have deemed to have failed to cultivate the land personally and is liable for eviction u/sec-8. Because of landlord
includes a Raiyat also
4. If landlord is a person under disability it has acquired additional land though inheritance bequest gift. Purchase or otherwise he
shall not be entitled to evict any tenant holding the land under him but may resume lands for personal cultivation.
5. For the purposes of sub-sec 4 the provisions con firmed under sec-24 to 36 subject to modification and the period of limitation
to apply under sec-28 is 6 months from the date of such acquisition of additional land.

Q – 22. What are the Rights, Duties of a tenant and Raiyat in O.L.R. Act

Ans: Orissa Land Reforms Act 1960 is a sive piece progress of legislation. Every Right has a corresponding legal duties non
performance of duties results wrongs and when a person commits wrong he invites liabilities.
Under this Act there certain Rights and du ties of both tenants and Raiyats.
1. U/See. 13 if the duty of both to pay rent annually either in cash or in kind under whom they hold their tenancy and landlords
share is fixed and it should not exceed one-fourth of total gross produce.
2. Sec. 6 and 6A restricts a Raiyat not to transfer a land by a lease and temporary ban of 10 years in Sec. 6A.
3. U/Sec. 9, U/Sec. 10t here is a provision to become Homestead Raiyats in one fifth of acre on the landlord's land.
4.They should cultivate personally.
5. They should not destroy the purpose of agriculture. 6. U/Sec. 14 and Sec. 8 both are liable to eviction for making the land unfit.
7. U/Sec.I8 A Raiyat is penalized by R.O for excess realization of Rent.
8.There isa provision for partition of co-sharer raiyat on a total holding U/Sec. 19.
9. Both must pay Rent and an evidence of counterfoil and counterfoil U/Sec. 17.
10. They can transfer U/Sec. 11 by mortgage. gift, sale and exchanges.
11.An identity if disputed can be challenged U/Sec.l6.
12. Sec.7 speaks of right, duties and liabilities.

Q – 23. Discuss the Resumption for bona fide personal cultivation by ex-landlord.

Ans:- (1) Subject to the provisions of this section––

(a) an individual, whose rights in land have been extinguished by section 4 and who was entitled to recover rent in Kharif, 1971
directly from the tiller, may resume land out side demarcated forests for purposes of bona fide personal cultivation ;
(b) where rights in land of one or more than one member of a family have been extinguished by section 4 and such member or
members were entitled to recover rent in Kharif, 1971 directly from the tiller, such member or members may resume land for bona
fide personal cultivation ;
(c) a displaced person allotted evacuees land or land included in Schedule II, who is not cultivating such land personally, may
resume such land for bona fide personal cultivation.
(2) Resumption of land permitted by sub-section (1) shall be subject to the following conditions, namely :––
(a) the application for resumption shall be made in the prescribed manner within 1[one year] of the commencement of this Act ;
(b) the applicant for resumption, shall 2[within six months from the date of resumption of land] take up normal residence for the
purpose of cultivating such land personally in the village in which the land sought to be resumed is situated or in an adjoining
village 3[except in the case of
(i) a person serving in defence force, who shall take up such normal residence for personal cultivation within six months of the
date on which he ceases to serve in defence force ; or
(ii) a widow or a person who is physically disabled or incapacitated by old age or infirmity] :
Provided that in the case of land situated in an un-inhabited village on or near the border, such residence shall be taken up within
the period indicated above in the nearest inhabited village or in the adjoining village :
Provided further that a displaced person who has been allotted land in more than one village, shall take up such residence in any
one of such villages or in the adjoining village :
4
[Provided also that a person who is minor or insane shall take up such residence within six months of the date on which he attains
the age of majority or attains sanity.]
(c) land held by a tiller paying rent at village rates (hasab-partadeh) with or without malikana or by a tiller, who is an occupancy
tenant, shall not be resumed ;

20
(d) no person, who or any member of whose family, if any, is an income-tax payer, shall be eligible to resume any land ;
(e) the person who has transferred land by sale or gift or bequest on or after first day of September, 1971 shall not be eligible to
resume land if the land so transferred was personally cultivated by him prior to such transfer ;
(f) the extent of land that may be resumed shall, subject to the provisions of sub-section (3), be determined in the following manner,
namely : ––
(i) where a person was entitled, as according to records, to rent in kind from the tiller during Kharif, 1971, the extent of the land
resumable by such person shall bear the same proportion to the total land comprising the tenancy as the rent in kind bears to the
total produce ;
(ii) where a person was entitled, as according to records, to rent in cash during Kharif, 1971, the extent of land resumable by such
person shall be regulated by the extent of rent in kind to which such rent in cash can be commuted in accordance with the provisions
of subsections (3) and (8) of section 9 ;
(iii) a person serving in defence force on or after the 1st day of April, 1965, 5[an ex-serviceman of the defence force] or a widow
or an orphan who is minor or a lunatic or an imbecile, or an insane person or a person who is crippled or incapacitated by old age
or infirmity, shall be permitted to resume land twenty per centum in excess of the land otherwise resumable under sub-clauses (i)
or (ii) ;
6
[(g) no person, who or any member of whose family holds an orchard exceeding one hundred kanals, shall be eligible to resume
land].
(3) The aggregate land that a person resuming land shall hold in personal cultivation, after resumption, along with other members
of the family, if any, to which he belongs, shall not exceed 6.50 standard acres where such person belongs to the category of
persons mentioned in sub-clause (iii) of clause (f) of sub-section (2) and five standard acres in other cases 7[:Provided that an ex-
servicemen of the defence force or a persons service in defence force shall be allowed to hold one additional standard acre over
and above ceiling fixed in this sub-section :
Provided further that in the case of a person eligible to resume land under clause (g) of sub-section (2), the aggregate land including
the orchard held by him shall not exceed one hundred kanals].
(4) The person resuming land under this section shall be vested with ownership rights in such land, other than evacuees land, and
he shall be placed in possession thereof, after the tiller removes the crop, if any, standing on such land and, where no crop is
standing but the land has been prepared for sowing, after such tiller is paid there for in the prescribed manner.
(5) Where any person resuming land under this section fails to cultivate the land personally with in one year of entering into
possession, such land shall vest in the 8[Union territory of Jammu and Kashmir], except where such failure is due to circumstances
beyond his control.
(6) The identity of the land to be resumed shall be determined by a Revenue Officer, in the prescribed manner, having regard to
the reasonable convenience of both the parties :
Provided that land under and appurtenant to a dwelling house mentioned in section 6 shall not be resumed.
Explanation.––For purposes of this sub-section, the land under and appurtenant to the dwelling house shall not, along with the
land exempted by clauses (j) and (1) of section 3 and land under and appurtenant to a building or structure in a municipal area,
town area, notified area or village abadi, exceed four kanals for a family.
(7) No resumption by consent shall be permissible if, as a result of such consent, the ex-landlord is able to resume more land than
he is entitled to according to the provisions of this section.
[(8) On and from such date as may be notified by the Government, no application for resumption of land shall be entertained under
this section.]

Q – 24. Discuss the provision for conversion of agricultural land for purpose other than agriculture?

Ans:- Under provisions of Section-8A of OLR Act agriculture lands can be converted to purpose than agriculture land but a prior
permission in writing should be taken from an authorized officer. The officer must see that the transfer should not contravene-

1. Master Plan improvement scheme.

2. Town planning scheme under lown planning

Improvement trust Act 1956.
3. Orissa Development Authorities Act |982.
4. And everything about the surrendering of

21
Raiyati Right must be bonafide. And the valuation is
fixed U/Sec. 8A is listed below.

Lands nature Value

l.Lands situated within any Municipal
Area or in area within one-half km.
on either side of National Highways Rs- 3,00,000/-
as the State Govt. may by Notification
specify from time to time.

2.Lands situated in any area within

one-fourth km on either side of such Rs- 1,00,000/-
state Highway as the State Govt.
may by Notification specify from
time to time.

3.Lands situated in a Municipal area

or Notified area but not under Rs- 75,000/-
category (1) and (2).

4.Lands situated in such developing

areas as the State Govt. may fix by Rs – 30,000/-
Notification specify from time to
time other than any area covered on
Category (1), (2), (3).

5.Lands situated in any 5% of the market value of each land or

area not covered by Rs.1,000/- or whichever is more.
category
(1), (2), (3), (4)

Without taking any written permission of Authorised Officer shall pay a premium calculated at a rate equal to 50% specified in
categories.
Q – 25. What is partition of land on mutual agreement?
Ans:- Land partition rules in Odisha:
Generally landed property is hold by a single RT or multiple RTs in Odisha.Many a time,the recorded tenants want to get
their shares recorded in their names. Sometimes,if the land is in the name of two or more brothers and there is no harmony among
themselves, they face problems in reaping the benefits of different Government programs as the land is not divided among them.
Furthermore, they even don't want to pay the land revenue as they consider the land to be a joint property and it is not the
responsibility of an individual to pay the rent. So it is desirable that joint holdings should be partitioned among the co-shares for
better land administration ultimately resulting in betterment of the land owners.
There are three ways in which Partition can be effected.
(1) Partition Suit, (2) Partition Deed, and (3) Partition on mutual agreement among the co-shares u/s 19(1)c of the OLR Act.
Let us discuss one by one for better understanding.
(1) Partition Suit
When there is a dispute regarding the share of each co-share and it cannot be decided amicably among them, they file
Partition Suit in the Civil Court.So these cases are disputed in nature. The civil courts pass decree after hearing the parties
concerned.It is expensive and time-consuming.A party has to wait at least more than two years to get the result. The poor and
downtrodden citizens cannot afford this.
(2) Partition Deed
Here the co-shares decide the shares among themselves and get those registered in the form of a deed by the
Registering officer. Though it is not time-consuming,it is expensive as the parties have to pay the registration fees.
(3) Partition u/s 19(1)c of OLR Act
This is the most simplest way of effecting partition among the co-shares.It is also less expensive.The basic
requirement under this section is that there is mutual consent among the co-shares.
We will focus more on partition of land on mutual consent among the co-shares.It is pro-people legislation.Under this
section,any co-share file an application for Partition mentioning the others as opposite parties.He needs to file a mutual partition
deed(needs not be registered) along with trace map as per the possession to which they have consent.On receipt of such
22
 application,the Tahasildar registers a case and sends to the Revenue Inspector for field enquiry.The Revenue Inspector conducts
field enquiry and submits his report to the Tahasildar.In turn,the Tahasildar issues notices to all the co-shares.He also invites
objections from the general public.He hears the co-shares and if all agree,he allows the partition.If anyone of the co-shares doesn't
agree,then the case cannot proceed further and it is rejected.
How to apply for partition of land online in Odisha ?
Partition of land can be applied online in Odisha as follows :
• Step- 1 : Visit the URL https://odisharevenueservices.nic.in. Click on the link Land "Record Services".
• Step-2: Click on the link “odisharevenueservices.nic.in”.
• Step-3 : Click on the link “Apply Partition of Land on Mutual Agreement U/s Sec 19(1)C of OLR Act”.Then provide the details
like District Name,Tahasil Name,Village Name,Khata No.
• Step-4: Then enter the details of the 1st co-sharer.Here his/her name, Father/ Husband's name,village/Town name,District
name,Address,Pincode and mobile Number are to be entered. All these field are mandatory. One can give his/her email address
which is not mandatory. The 2nd,3rd and other co-sharers can be added in a similar way.
• Step-5: Upload the mutual /Family document. It is that document which is prepared on agreement of all the co-sharers. In
common words,it is the non-official or family partition document that reveals the share of individual co-sharer. Then upload the
Trace map of the land applied for partition. It is the map of the total land applied for partition describing the share of each co-
sharer.
• Step-6 : Click the "submit" button. You will get your application number. Please note it down for future correspondence with the
Tahasil office.
• Step- 7 :Now pay the requisite fee using your Debit card/Credit Card/Net banking.Check the amount you need to pay and click
on "Make Payment".It will take you to the Treasury portal.Make the payment following the instruction on coming on your
screen.Once the payment is successful,you will get Acknowledgement-cum-Payment Receipt.If the amount is deducted and
receipt is not generated,one has to wait for 48 hours to get updation of the payment status The receipt can be generated using the
transaction ID.
• On successful submission of the application,it will be visible to the Tahasildar. You will receive the case number of your
application when the Tahasildar initiates the case after verifying your documents.
• The status of the case can be known in DWIST portal at http://dwistodisha.nic.in. Also read
How to know the status of online mutation case in Odisha ? to know more as to how to check the status of a case.

Q – 26. Restriction on alienation of land by SC and ST and effect of the violation – Discuss.

Ans :- In regard to safeguarding the interests of SC & ST people in Odisha, the Odisha Land Reforms Act, 1960 was a major
landmark. The main objective of the act is to reform thelaw relating to land tenures and to provide for matters connected therewith
orincidental thereto. The basic objectives are as follows:

a) Uniformityin land rights

b) Confermentofbetterrightsontemporarylessees,sharecroppers andunder tenants
c) Confermentofoccupancyrightinhomesteadlands
d) Settlementofdisputesbetweenlandlordsandtenants
e) Regulationofrent
f) ProtectionofSTandSCraiyats
g) Resumption of land for personal cultivation and determination of the non-resumable area of tenants
h) Ceilingfixation on land holdings

The act provides for provisions that impose restrictions on alienation of land by the persons belonging to SC & ST, in order
to protect them from being landless and hence being dupedby the so-called land grabbers or the rich peasantry.
PROVISIONS TO SAFEGUARDTHE INTERESTS OF S.C & S.T PEOPLEUNDER THE OLR ACT, 1960

SECTION22:Restrictiononalienationof landbyScheduledTribes

(1) Anytransferofaholdingorpartthereofbyaraiyat,belongingtoScheduledTribe shall be void except where it is in

favour of-
a) aperson belongingtoa ScheduledTribe. Or

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 b) a person not belonging to a Scheduled Tribe when such transfer is made with the previous permission in
writing of the Revenue Officer.

Provided that in case of a transfer by sale the Revenue Officer shall not grant such permission unless he is satisfied
that a purchaser belonging to a Scheduled Tribe willing to paythe market price for the land is notavailable and in
case of a gift unless he is satisfied about the bona fides thereof.

(2) The State Government may having regard to the law and custom applicable to anyarea prior to the date of
commencement of this Act by notification direct that the restrictions provided in subsection (1) shall not apply to
lands situated in such area or belonging to any particular tribe throughout the State or in any part of it.
(3) Except with the written permission of the Revenue Officer, no such holding shall be sold in execution of a decree
to any person not belonging to a Scheduled Tribe.
(4) Not withstanding anything contained in any other law for the time being in force where any document required to
be registered under the provisions of clause (a) to clause (e) of sub-section (1) of section 17 of the Registration Act,
1908 purports to effect transfer of a holding or part thereof by a raiyat belonging to a Scheduled Tribe in favour of
a person not belonging to a Scheduled Tribe, no registering officer appointed under that Act shall register any such
document, unless such document is accompanied by the written permission of the Revenue Officer for such transfer.
(5) The provisions contained in sub-sections (1) to (4) shall apply, mutatis mutandis, to the transfer of a holding or part
thereof of a raiyat belonging to the Scheduled Caste.
(6) Nothinginthis sectionshall apply
(a) to any sale in execution of a money decree passed, or to any transfer by way of
mortgageexecuted,infavourofanyscheduledbankorinfavourofanybanktowhich the Orissa Co-operative Societies
Act, 1962 applies; and
(b) toanytransfer byamember ofaScheduled Tribewithin aScheduledArea.

SECTION22-A:Surrenderorabandonmentbyraiyatortenant

(1) No surrender to the landlord or abandonment of any holding or any part therof by a raiyat or a tenant shall be valid
unless such surrender or abandonment has been previously approved by the Revenue Officer.
(2) Any raiyat or tenant desiring to surrender or abandon his holding or any part thereof may furnish information
thereof in writing to the Revenue Officer.

(3) On receipt of information under sub-section (2), the Revenue Officer may, after making or causing to be made
such inquiry and in such manner as may be prescribed, by order, either approve or disapprove the proposed surrender
or abandonment: Provided that no surrender or abandonment shall be disapproved unless the raiyat or tenant, as the
case may be, has been given a reasonable opportunity of being heard in the matter.

(4) Where the surrender or abandonment of any holding or part thereof is approved by the Revenue Officer under this
section, the holding or part thereof so surrendered or abandoned shall be settled by the Government (i) Where such
surrender or abandonment was made by a person belonging to a Scheduled Tribe, with another person belonging to
the Scheduled Tribe; or (ii) in a case where no person belonging to a Scheduled Tribe is available or willing to take
settlement under clause (i) or inany other case, with any other person in accordance with the priorities specified in
sub-section (2) of section 51.

(5) Where any raiyat or tenant surrenders or abandons his holding or any part thereof without the previous approval of
the Revenue Officer and the holding or part thereof so surrendered or abandoned is taken possession of by the
landlord, then, it shall be competent for the Revenue Officer (after giving to the landlord an opportunity of being
heard) to impose on the landlord a penalty of an amount not exceeding two hundred rupees per acre of the land so
surrendered or abandoned for each year or any part thereof during which the possession is continued.

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SECTION23.Effectoftransferin contraventionof Section22

(1) In the case of any transfer in contravention of the provisions of sub-section (1) of section 22 the Revenue Officer
on his own information or on, the application of any person interested in the land may issue notice in the prescribed
manner calling upon the transferor and transferee to show cause why the transfer should not be declared invalid.

(2) After holding such inquiry as the Revenue Officer deems fit and after hearing the persons interested, he may declare
such transfer to be invalid and impose on the transferee a penalty of an amount not exceeding two hundred rupees
per acre of the land so transferred for each year or any part thereof during which the possession is continued in
pursuance of the transfer which has been declared to be invalid and may also order such portion of the penalty as he
deems fit, to be paid to the transferor orhis heir.

(3) On a declaration being made under sub-section (2) the Revenue Officer suo motu or
ontheapplicationofanypersoninterestedcauserestorationofthepropertytothe
transferororhisheirs andforthe purpose maytakesuchsteps asmaybe necessaryfor compliance with the said order or
preventing any breach of peace ;

Provided that if the Revenue Officer is of the opinion that the restoration of the property is not reasonably
practicable, he shall record his reasons therefor and shall,
subjecttothecontroloftheGovernment,settlethesaidpropertywithanothermember of a Scheduled Tribe or in the
absence of any such member, with any other person in accordance with the provisions contained in the Orissa
Government Land Settlement Act, 1962.

(4) Where any transfer is declared under this section to be invalid and the transferee or any other person in possession
of the property has been evicted therefrom, the transferee shall not be entitled to the refund of any amount paid by-
him to the transferor by away of consideration for the transfer.

SECTION23 A.Evictionofpersoninunauthorizedoccupationofproperty

Where any person is found to be in unauthorised occupation of the whole or part of a holding of a raiyat belonging
to a Scheduled Caste or of a raiyat belonging to a Scheduled Tribe within any part of the State other than a Scheduled
Area, by way of trespass or otherwise, the Revenue Officer may, either on application by the owner or any person
interested therein, or on his own motion, and after giving the parties concerned an opportunity of being heard, order
eviction of the person so found to bein unauthorised occupation and shall cause restoration of the property to the
saidraiyat or to his heir in accordance with the provisions of sub-section (3) of section23.

SECTION23-B.Burdenof proof

(1) If in any proceedings under section 23, the validity of the transfer of any holding or any part thereof is called in
question, or if such proceedings are for the recovery of
possessionofsuchholdingorpartthereof,theburdenofprovingthatthetransferwas valid shall,
notwithstandinganythingcontained in anyother law for the time beingin force, lie on the transferee.

By an Amendment Act of 1973, the limitation period for perfecting title over the
transferredlandsbyadversepossessionhasbeen enhancedfrom12 yearsto30 years. By a new section inserted by such
Amendment, preference has been given to the persons belonging to the ST in respect of the settlement of lands
surrendered or abandoned by ST raiyats.

Corresponding rules under OLR(general rules)1965 to the above mentioned sections of the Act for issue of writ and
procedure for delivery of possession are laid down under rule 22A, 22B, 22C, 22D, 22E.

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SECTION51.Settlementofsurpluslands(under ceiling)

(1) SeventypercentofthesurpluslandsvestedintheGovernmentundersection45shall be settled with persons belonging to

the Scheduled Tribes or Scheduled Castes in proportion to their respective populations in the villages in which the
lands are situated and the remaining lands shall be settled with persons not belonging to the aforesaid categories.
Q – 27. What is the meaning of the Ceiling Area? Enumerate Principles for determining Ceiling Area?

Ans:- One of the objectives of the Orissa Land Reforms Act, 1960 is to set up ceiling area of land, which a person is entitled to
hold under this Act. Sec. 2 definition of it (5) gives the ceiling area means the extent of land which a raiyat or landholder shall be
entitled to hold under Sec. 97 (A of the Act.

Ceiling area ordinarily means the maximum extent of holding of agricultural land. Section 37-A provides that the ceiling area in
respect of a person shall be ten standard acres person means a family as defined under section 37 (A) Therefore, a family is entitled
to keep ten standard acres provided in that family, there should be five members or less than five. But where the family of a person
consists of more than five members, the ceiling area in respect of such person shall be ten standard acres increased by two standard
acres for each member in excess of five. However, such ceiling area shall not exceed eighteen standard acres at any circumstances.

Again on and from the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973), no
person shall, either as landholder or raiyat or as both, be entitled to hold any land in excess of the ceiling area (Sec. 37 B).

For the purpose of this section all lands held individually by the members of family or jointly by some or all the members of a
family shall be deemed to be held by family. Sec. 37-B also provides that no person shall be entitled to hold any land in excess of
the ceiling area with effect from 29th September, 1973.

The principles for determining ceiling area in respect of a person, the following principles shall be followed.

Principles:- |Section - 39 of O.L.R. Act 1960] Read with Relevant Rules - 28 and 29-C.

a) Homestead lands or tanks with their embankments or both t the extent of 3 Acres in aggregate shall not be taken into account.

b) The transfer of land by sale, gift, or otherwise or the partition thereof by person during the period beginning from 26.9.1970
and ending with 2.10.1973 shall if such person was holding land on the said cay in excess of ceiling area, be deemed to be void,
anything contained in any law or agreement or in any decree of order of any court.

c) The lands transferred or partitioned shall be taken into account as if the transfer or partition had not been taken effect and the
revenue officer may, of his discretion ignore the selection made by persons of his discretion ignore the selection made by persons
of lands to be retined in his possession.

d) Where the person is a member of co-operative farming society the extent of land which he would get as his share if the land
held by such society is divided shall be taken into account.

e) Lands in possession of tenant or a mortgagee shall be deemed lands held by the person, as held in Nambati Bhoi Vrs. State of
Orissa 70(1990) CLT 603 and Collector Vrs. Binodbehari and Bhanuganga Vs. Tahasilaar 53 (1982) CLT 1AJR 1982 Or. 83 the
R.O must see the option of Landholder.

Q - 28. What is recovery of arrears of Rent and write the Relation of Landlord and tenant for the same.

Ans:-Any thing which is deliverable either in cash or kind is what rent is all about it is again of two types fair rent and Equitable
rent. The rent which is payable to the landlord should not excuse done fourth of its total gross produce according to see-13 of
O.L.R Act 1960 and is subjected four standard mounds.

But the Recovery of rent in arrears and dispute between landlord tenant and raiyat is hit by section -15 of O.L.R Act.

1. If at al there is any claim for recovery of arrears of rent by landlord and if there is any dispute between them in relation to -
a) Quantum of rent payable.
b) Tenants possession of land and his rights and benefit under this Act or
c) The right of landlord to terminate tenancy of a tenant under sec-14 or liability of tenant to cases to Cultivate the Land under the
section or
(a) (b) (c) were not sufficient enou so see 15 (a) (d) was introduced in legislative assembly in
October 2 1972 to make section 15 more rounded and befitting.
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(d) The existence of relationship of landlord and tenant shall be decided by Revenue Officer on an application to be filled in a
prescribed manner by any party interested.
a) A claim for recovery of arrears of Rent shall be filled within one year from date on which the arear falls due.
b) A dispute referred in clause (a) and (e) shall be filled within 60 days from the date on which the dispute arises.
c) A dispute referred to clauses (b) and (d) shall be filed within 2 years from the date on which the dispute arises.

If a dispute referred to (b) and (d) which has arisen prior to the commencement of Orissa Land
Reforms Amendment Act 1973 the application in respect there of may if not filed ear lies within one year. form the said date.

2. The R.O under sub-sec(1) may make due inquiry as he deems fit direct the payment of arrears of rent and its quantum if any
and under (b) (e) and (d) order the tenant by notice which is to be serviced by a pre scribed manner.

3. An order for eviction made by R.O under sub-sec (2) shall take effect on and from 1 day of the year next following the date of
such order.

4. If any tenant on whom a notice under sub-sec(2) has been served does not Case to Cultivate the land the R.O may take steps as
he may dam fit to give effect to the order.

5. If after holding enquiry under sub-sec(2) the R.O is satisfied that the tenant was cultivating the land at the date of Commandment
or at any time there after and If he is unlawfully being presently from Cultivating such land by his land lord a pearly can be
imposed on land lord u/sec 18 and the tenant is allowed to enter and cultivate the Lana.
6. If the R.0. is satisfied after such farther enquiry as he may dam fit and necessary and the landlord has failed to comply with
order under sub-sec (5) he shall take such steps as bashings necessary to out tenant into cultivation.

7. The R.O under sec 15 (7) may pass interim order relating to appointment of relievers for taking charge of courts or getting the
lands cultivated and restraining the landlord in restraining tenants cultivates as he thinks fit.

UNIT - III

Q – 29. What is consolidation and what are the effects which ensue in a consolidation area after Notification U/Sec. 3(1) till
Sec. 41 of Consolidation Act 1972. Explain doctrine of Res-Judicata in Consolidation Proceedings ?

Ans: Consolidation - Sec-2 () of the Consolidation Act defines Consolidation as amalgamation and redistribution of a parcel or
parcels of land. Comprised in different holdings of a unit for the purposes of rendering such holdings more compact.

Some lands before 1989 Amendment were held non consolidable like lands prone to fluvial action, intensive soil erosion and
prolonged water logging and unfit for consolidation. But the Director of Consolidation may declare it unsuitable for consolidation.

Once the Notification is issued U/Sec. 3(1 ) of O.C.H. it will remain till it is closed till Sec. 4 l closure of consolidation operations.
Both A.C.O and C.O have unlimited powers to make entry and make survey marks and demarcation marks under Sec. 3 it will be
given an effect U/Sec. 4 and they have capacity to cancel the same U/Sec. 5. A Land Register is prepared U/Sec. 6 C.O can effect
partition and Rents U/Sec. 7. The S.O.P U/8 and disposal of objections U/Sec. 10 and Sec. I| and as appeal shal lie to D.C within
30 days. Again the Land Register is revised U/Sec. 13. If not done there is a bar on objection U/Sec. |4 and it will be done U/Sec.
15 for final R.O.R. U/Scc. 22. No chak can be transferred in this mean time.

The doctrine of Res-Judicata Sec. 11 of C.P.C. is equally applicable to Consolidation proceedings. So Res-means thing and
Judicata already decided. So if a matter has been heard and decided by a competent court one cannot reagitate the same matter
twice. Now the question arises how does the doctrine apply to consolidation proceedings. All proceedings Right from Sec. 3 to
Sec. 15 of the Act are decided by A.C.O and C.O in Revenue Courts who nave a capacity to decide right, title and interest. Once
the preparation of land register U/Sec. 6 is completed and amalgamation Joint Holdings U/Sec. 7 is completed it is published
U/Sec. 9() where the statement of principles is published U/Sec. 8 and copies are forwarded to Tahasildars. Persons aggrieved can
file objections U/Sec. 9(3) within 30 days of Notice.

If an objection which could have been lilted U/ Sec. 9(3) within 50 days if not filed the same cannot be raised again because Sec.
14 Bar on objection operates as Res-Judicata.

Orissa Law Review Page 323 1992 A.JR. 1973 S.C 1969 198 (50 CLT 337) The relief can be covered under Sec.15 of the same
Act and finally under Sec. 22.

27
So it is highly clear and coherent that the matter which could have been decided and had been decided by A.C.0. Court, C.O Court
and Director of Consolidation Court the same matter cannot be decided by this three courts again as Res-Judicata is a Bar. The
above courts are competent courts to decide shares right, title, interest, S.O.P Partition objections. So Sec. 14 is a Bar and operates
as Res-Judicata.

Q – 30. Definition object and resinous the meaning of consolidation of fragmentation of land Act.

Ans:- •Agriculture : Includes the raising of crops, grass or garden produce, horticulture, dairy farming, breeding and keeping of
live-stock, pisciculture, poultry farming and use of nland as pasture or for forest or for any purposes where such use is ancillary to
agriculture
•Chaka : means a compact parcel of land allotted to a landowner on consolidation
•Consolidation : means amalgamation and re-distribution of a parcel or parcels
of land comprised in different holdings of a unit for the purpose of rendering such holdings
more compact.
•Fragment : means a compact parcel of agricultural land held by a landowner by
himself or jointly with others comprising an area.
• Which is less than one acre in the district of Cuttack, Puri, Balasore and Ganjam and in
the Anandpur subdivision in the district of Keonjhar.
• Less than two acres in the other areas of the State
Important Provision
Sec 3 (1) - Issue of Notification by the State Govt. to cover a particular area under
consolidation.
Sec 4 (4) - All Civil court proceeding where consolidation is taken up stand abated
Sec 6 – Map & Land Register preparation start
- Valuation of each plot taken up
Sec 7 - Partition of holdings, determination of rent & boundary change proceeding taken up
Sec 8 - Preparation of Statement of Principle (SOP) regarding reservation of land for public
purpose
Sec 9 (1) - Publication of records, map
9 (3) - Objection inviting stage from the land owners
Sec 13 (1) - Revision of Map and Land Register
Preparation of Consolidation Scheme
Condition:
Rights title and interest published under Section 13 shall be secured in lands
allotted to him on consolidation.
Valuation of lands allotted a land owner shall be equal to the valuation of
lands original land (subject to deductions due to contributions for public
purposes.
Land Owner shall be given Chaka where he holds large part of the holding.
Chaka prepared on rectangular process.
Not move than 3 Chaka's in a Village/unit.
Sec 17 – Preparation of PCS ( Total Chaka's)
Sec 18 – Publication of P.C.S & receipt of Objection.
Sec 22 – Preparation and publication of final map & R.O.R & coming into force of
final consolidation Scheme.
Sec 24 – Payment of compensation for house, Structure, trees, Wells etc.
Sec 26 – Delivery of possession of Chaka.
Sec 34 – No agricultural land shall be transferred or partitioned so as to create a fragment.
Sec 44 – Powers of civil court to be exercised by authorities under this Act.
Sec 51 – Bar of jurisdiction of civil court.
Important Provision
Rule 5 - Issue of public notice u/s 3(1) in Statutory Form 1
Rule 6 – Permission for transfer of Agriculture land during consolidation operation given by company in
very deserving cases.
Rule 7 – Construction of consolidation committee ( 7-15 members)
o Member above 21 years.
Rule 8 – Publication of notification u/s 6 (2) in Form No. 2
Rule 10 – What should be there in the Land Register.
Rule 12 – Determination of valuation of land u/s 6 (2)
Rule 14 – Settlement of rent u/s 7 (3)

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Rule 15 – Settlement of cess u/s 7 (3)
Rule 17 – Reservation of land for public purpose u/s 8 (2)
Rule 18 – Publication of Map, Land Register, Sop u/s 9 (1) & issue of notice u/s 9 (2)
Rule 22 – Publication P.C.S u/s 18 in Form No. 8
Rule 26 – Publication of map & R.O.R u/s 22 (2)
Rule 32 – Application to Tahasildar to transfer fragment
u/s 34 (3)
Highlights of the Act
In the act dual benefits given to the landholders
a) Right title, interest decided
b) Consolidated blocks given out of Scattered plots
Sec 4 & 51 put restriction on the civil courts where landowners spent a lot of time
and energy. Right title, interest decided by consolidation authorities.
Challenges
Revenue officials may prevent fragmentation in the interest of better productivity.

Q – 31. Discuss theConsolidation of Holding and Prevention of fragmentation under the Odisha land Act 1972.

Ans:- 3. Declaration and notification regarding consolidation. - [(1) The State Government may, where they are of the opinion
that any area, which shall comprise a village or group of villages, may be brought under consolidation operations, issue a
notification to that effect whereupon it shall become lawful for the Consolidation Officer or his subordinate or any other Officer
acting under his authority.]
(a) to enter upon and survey in connection with rectangulation or otherwise and to take levels of any land in such area, if
necessary;

(b) to clear by cutting or removing any tree, jungle, fence, standing crop or other material obstruction during such survey or
taking of levels; and

(c) to do all acts necessary to ascertain the suitability of the area for consolidation operations.
(2) The Consolidation Officer shall cause public notice of the notification issued under Sub-section (1) to be given in the prescribed
manner.
(3) The Assistant Consolidation Officer shall tender compensation to the person concerned for any damage which may have been
caused by any action taken under Sub-section (1) and in case of any dispute as to the assessment or payment of the amount so
tendered, he shall refer the matter for decision by the Consolidation Officer whose decision thereon shall be final and shall not be
questioned in any Court of law.
4. Effect of notification. - Upon the publication of the notification issued under Sub-section (1) of Section 3 in the Official Gazette.
The consequences as hereinafter set forth, shall, subject to the provisions of this Act, ensue in the consolidation area till the
publication of notification under Section 41 or Sub-section-(l) of Section 5, as the case may be-
(1) The consolidation area shall be deemed to be under consolidation operations and the duty of preparation of record of rights
and map of each village comprised in the area shall be performed by the Assistant Consolidation Officer who shall prepare
them in the manner hereinafter provided;

[(2) Notwithstanding anything contained in any law for the time being in force no land-owner, except with the permission, in
writing of the Consolidation Officer previously obtained, shall, after publication of the notification under Sub-section (1)
of Section 13, transfer by way of sale, gift, mortgage or exchange any land, and no document purporting to effect any such
transfer shall be registered by a Registering officer appointed under the Registration Act, 1908 unless the document is
accompanied by a certified copy of the aforesaid written permission :
Provided that no permission of the Consolidation Officer shall be necessary for transfer by way of sale, gift, mortgage or exchange
of lands, which are covered by orchards, groves or homestead lands, which in the opinion of the Director of Consolidation is
subject to several fluvial action, intensive soil erosion, or prolonged water-logging or is otherwise for cultivations.]
(2-a) No landowner shall, after the publication of the map and land register under Section 9, convert any land in the unit to
be used in any manner so as to render it unsuitable for consolidation without obtaining the permission in writing of the
consolidation officer;

29
 (3) Every proceeding , relating to survey, preparation and maintenance of record-of-rights and settlement of rent shall stand
abated after publication of the notification under Sub-section (1) of Section 6; and

(4) Every suit and proceedings for declaration of any right or interest in any land situate within the consolidation area in
regard to which proceedings could be or ought to be started under this Act, which is pending before any Civil Court,
whether of the first instance or appeal reference or revision shall, on an order being passed in that behalf by the Court
before which such suit or proceeding is pending stand abated:
Provided that no such order shall be passed without giving the parties concerned an opportunity of being heard :
Provided further that on the issue of a notification under Sub-section (1) of Section 5 in respect of the said area or part thereof-
(a) every order passed by the Court under Clause (4) in relation to the lands situate in such area or part thereof, as the
case may be, shall stand vacated, and
(b) all such suits and proceedings as are referred to in Clause (3) or Clause (4) which relate to lands situate in such
area or part thereof, as the case may be, shall be proceeded with and disposed of in accordance with the law as it
they had never abated :
Provided also that such abatement shall be without prejudice to the right of the person affected to agitate the right or interest which
formed the subject-matter of the said suit or proceeding before the consolidation authority in accordance with the provisions of
this Act or the rules made thereunder.
5. Cancellation of notification. - (1) It shall be lawful for the State Government at any time to cancel, by publication of an order
to that effect in the Official Gazette, the notification made under Sub-section (1) of Section 3 in respect of the whole or any part
of the area specified them.
(2) Where a notification has been cancelled in respect of any area under Sub-section (1), such area shall cease to be under
consolidation with effect from the date of the cancellation.
6. Preparation of map, land register and determination of valuation and share in joint holdings. - (1) As soon as may be
after publication of the notification under Sub-section (1) of Section 3, the Director of Consolidation shall issue a notification
constituting under and initiating preparation of maps and land register in respect of each unit which shall be published at a
conspicuous place of the village for a period of not less than fifteen days.
(2) Upon publication in the village of the notification under Sub-section (1) and subject to the provisions hereinafter contained,
the Assistant Consolidation officer shall-
(a) prepare the map of each village in the consolidation area in the prescribed manner;

(b) prepare a Register known as the Land Register showing particulars of the lands, interests therein rent and cess settled
therefor and such other details as may be prescribed;

(c) determine in consultation with the Consolidation Committee the valuation of-
(i) lands, after taking into consideration their productivity, location, availability of irrigation facilities and other
relevant factors, if any, and
(ii) houses, structures, trees, wells and other improvements existing on such land :

(d) determine the shares of individual landowners in joint holdings for the purpose of effecting partition to ensure proper
consolidation.
7. Powers relating to partition of joint holding, amalgamation of holdings and to determine rent and cess and effect change
in the village boundaries. - (1) Upon the publication of the notification issued under Subsection (1) of Section 3, no partition of
a holding lying in the consolidation area under Section 19 of the Orissa Land Reforms Act, 1960 (Orissa Act 16 of 1960) shall be
effected by the Revenue Officer till the publication of the notification under Section 41 or Sub-section (1) of Section 5, as the case
may be, and the Assistant Consolidation Officer and the Consolidation Officer shall, in addition to the powers vested in them
under this Act, have powers to effect partition of joint holdings on application of any party interested notwithstanding anything to
the contrary contained in any other law for the time being in force:
Provided that a partition on the basis of specific parcels of land may, on an application made in that behalf, be effected-
(a) where all the concerned land-owners agree, by the Assistant Consolidation Officer or the Consolidation Officer ; and

(b) where all the concerned land-owners do not agree, by the Consolidation Officer:
Provided further that except where all the concerned land-owners agree, a partition on the basis of specific parcels of land shall
not be effected without giving the parties concerned a reasonable opportunity of being heard.

30
(2) The Assistant Consolidation Officer and the Consolidation Officer shall have powers while disposing of objections under
Sections 10 and 11 to entertain requests for amalgamation at holdings of like tenure on such terms as may be agreed to by the
concerned land-owners and to pass orders effecting such amalgamation.
(3) The Assistant Consolidation Officer and the Consolidation Officer shall, notwithstanding anything contained in any other law
for the time being in force, but subject to the rules made in this behalf, have power to settle the fair and equitable rent and cess
payable in respect of any land in accordance with the provisions hereinafter contained.
(3-a) Where the land is used for agriculture, such settlement shall be made having regard to-
(i) the average price of crops during the preceding ten years other than the years which the Government may notify to be or
have been either famine years or abnormal years in respect of any local area;

(ii) the crop or crops normally grown on such land;

(iii) the situation of the land and the nature of the soil ; and

(iv) the maximum rent assessed on land of similar quality and productivity elsewhere in the State :
Provided that while considering the situation of the land and the nature of the soil, the said Officer shall take the following factors
into consideration:
(a) availability of irrigation facilities;

(b) salinity of the soil ;

(c) susceptibility to floods and deposit of silt;

(d) general fertility of the land; and

(e) such other factors as may be prescribed.

8. Preparation of statement of principles. - (1) After publication of the notification under Sub-section (1) of Section 6 the
Assistant Consolidation Officer shall, in consultation with the Consolidation Committee, prepare in respect of each unit under
consolidation operations, a statement (hereinafter called the Statement of Principles) setting forth the principles to be followed in
carrying out consolidation operations in the unit.
(2) The Statement of Principles shall also contain the following details, namely :
(a) specific areas, as far as they can be determined, to be ear-marked for such public purposes and to such extent as may be
prescribed; and

(b) the basis on which and the extent to which the land-owners shall contribute land for public purposes.
(3) The Statement of Principles shall be approved by the Consolidation Officer with such modifications as he deems necessary.
(4) Nothing contained in the Orissa Government Land Settlement Act, 1962 (Orissa Act 33 of 1962) shall apply to lands required
to be ear-marked for public purposes as aforesaid.
9. Publication of records and issue of extracts and notices. - (1) The copy of the map, land register and other records, if any
prepared under Section 6 together with the Statement of Principles prepared under Section 8 shall be published in the unit in the
prescribed manner and copies thereof shall also be forwarded to the local Tahsildar.
(2) Notices containing relevant extracts from the land register showing rights and liabilities of land-owners in relation to land,
specific shares of individual landowners in joint holdings were necessary to ensure proper consolidation, valuation of lands and
valuation of houses, structures, trees, walls and other improvements for calculating compensation therefor and its appointment
among the land-owners, if there be more land-owners than one, shall be sent to the land-owners mentioned in the land register.
(3) Any person to whom a notice under Sub-section (2) has been sent or any other person interested may within thirty days of the
receipt of the notice or of the publication under Sub-section (1), as the case may be, file before the Assistant Consolidation Officer
objections on the correctness of entries in the records and the extracts furnished therefrom, or on the Statement of Principles or
relating to partition.
10. Disposal of objection by the Assistant Consolidation Officer. - (1) Such objections relating to right, title and interest in land
as can, in conformity with the laws in force, be disposed of by conciliating among the parties concerned, shall be disposed of by
the Assistant Consolidation Officer:
Provided that where any party does not appear before the Assistant Consolidation Officer on the date fixed after due service of
notice in that behalf, he shall set him ex parte and proceed with the conciliation among the parties appearing before him and orders
passed on such conciliation shall, subject to the orders in an appeal or revision, if any, be binding on the parties who are set ex
parte.

31
(2) All objections which cannot be disposed of by conciliation under Sub-section (1) and all other objections including those
relating to valuation or the Statement of Principles or the rent or cess settled under this Act shall be forwarded by the Assistant
Consolidation Officer to the Consolidation Officer for disposal.
11. Disposal of objection by the Consolidation Officer. - (1) The Consolidation Officer shall dispose of objections forwarded to
him under Sub-section (2) of Section 10 after giving the parties concerned a reasonable opportunity of being heard and after such
local inspection as he deems necessary :
Provided that in disposing of objections relating to valuation and the Statements of Principles, he shall consult the Consolidation
Committee.
(2) For the purpose of disposing of objections, the Consolidation Officer shall hold his sittings at the headquarters of the Grama
Panchayat constituted under the Orissa Grama Panchayat Act, 1964 (Orissa Act 1, of 1965) within whose jurisdiction the land is
situated.
12. Appeal. - Any person aggrieved by an order of the Assistant Consolidation Officer or the Consolidation Officer under Section
10 or 11 may, within thirty days from the date of the order file an appeal in the prescribed manner before the Director of
Consolidation whose decision shall, except as otherwise provided by or under this Act, be final.
13. Revision of map and land register. - (1) The map, land register and other records, if any, prepared under Section 6 shall be
revised, if necessary, on the basis of the orders passed under Sections 10, 11 and 12 and shall be published for a period of fifteen
days in the unit for information of all concerned.
(2) [Deleted].
(3) The map, land register and other records, if any, may thereafter be maintained from time to time on the basis of orders passed
by competent authorities under the relevant provisions of this Act.
(4) Where in respect of any village an order is published under Subsection (1) of Section 5 at any time after the publication of the
map and land register under Sub-section (1), the map and the record-of-rights prepared on the basis of such land register shall, for
all intents and purposes, be deemed to have been prepared under the Orissa Survey and Settlement Act, 1958 (Orissa Act, 3 of
1959), provided they are published in the same manner as required by Sub-section (2) of Section 22 and extracts of the record-of-
rights are supplied to the land-owners at the time of such publication.
14. Bar on objection. - Subject to the provisions contained in Section 15, no question in respect of-
(a) right, title and interest in land;

(b) partition of joint holdings, or

(c) valuation of lands,, houses, structures, trees, wells and other improvements,
where the question is sought to be raised by a land-owner recorded in the land register prepared under Section 6 which question
might or ought to have been raised under Section 9 but has not been raised, shall be raised or heard at any subsequent stage of the
consolidation proceedings.
15. Decision of matters relating to chances and transactions affecting right of interest recorded in revised records. - (1) All
matters relating to changes and transfers affecting any of the rights, title and interest recorded in the land register published under
Section 13 for which cause of action arose after the publication of records under Section 9 may be raised before the Assistant
Consolidation Officer as and when they arise but not later than the date of publication of the order, it any, under Sub-section (1)
of Section 5 or the date of confirmation of the scheme under Sub-section (1) of Section 21, whichever is earlier :
Provided that it shall also be competent for the Assistant Consolidation Officer to consider such cases suo motu.
(2) The provisions of Sections 6 to 12 shall, mutatis mutandis, apply to the hearing and disposal of any matter raised under Sub-
section (1) as if it were a matter raised under the aforesaid sections.

Q – 32. Discuss the preparation of consolidation scheme of Holdings and prevention of fragmentation of land Act – 1972.

Ans :- Condition to be fulfilled by Consolidation Scheme. - A Consolidation Scheme shall fulfil the following conditions,
namely :

32
 (1) a land-owner's rights and liabilities as recorded in the land register published under Section 13 shall be secured in lands
allotted to him on consolidation, subject to deductions, if any, made on account of contributions for public purposes under
this Act;

(2) the valuation of lands allotted a land owner shall be equal to the valuation of lands originally held by him subject to
deductions if any, made on account of contributions for public purposes under this Act:
Provided that with the permission of the Director of Consolidation obtained in writing, the area of the holding or holdings allotted
to a land owner shall not differ from the area of his original holding or holdings by more than thirty three and one-third per cent
of the latter;
(3) the land owner shall be awarded-
(a) compensation determined under this Act or the rules for the houses, structures, trees, wells and other improvements
existing on lands originally held by him and allotted to another landowner or existing on land contributed by him
for public purposes, and
(b) an amount determined as aforesaid for land contributed by him for public purposes ;

(4) the principles laid down in the Statement of principle shall be allowed;

(5) every land-owner shall, as far as practicable, be allotted a compact area at the place where he holds the largest part of his
holding ; provided that no land-owner shall be allotted more than three "Chakas" in any unit.

(6) every land-owner shall, as far as practicable, be allotted the land or which exists his private source of irrigation together
with an area in the vicinity the value of which shall be equal to the valuation of lands originally held by him there;

(7) every land-owner shall, as far as possible, be allotted "Chakas" in conformity with the process of rectangulation wherever
such process is adopted'; and

(8) such other conditions as may be prescribed.

Preparation of Provisional Consolidation Scheme. - (1) The Assistant Consolidation Officer shall, as soon as may be after
publication of the map, land register and other records under Sub-section (1) of Section 13 and in consultation with the
Consolidation Committee prepare a Provisional Consolidation Scheme for the unit on the basis of the map and land register
published under Section 13 and as revised under the provisions of this Act.
(2) Notwithstanding anything contained in this Act or in any law for the time being in force, it shall be lawful for the Assistant
Consolidation Officer while preparing the Provisional Consolidation Scheme, to allot to a landowner after determining its
valuation, any land belonging to the State Government and any land used for public purposes :
Provided that where any land is used for public purpose, it shall be allotted only after the Assistant Consolidation Officer has
declared in writing that it is proposed to transfer the rights of the village community as well of all individuals in or over that land
to any other land specified in the declaration and ear-marked for that purpose in the Provisional Consolidation Scheme.
Publication of the Provisional Consolidation Scheme and receipt of objections thereon. - (1) After preparation of the
provisional Consolidation Scheme, the Assistant Consolidation Officer shall cause to be sent to the land-owners concerned notice
containing relevant extracts therefrom and shall publish the Provisional Consolidation Scheme in the unit in the manner prescribed.
(2) Subject to the provision contained in Section 14 any person to whom a notice has been sent under Sub-section (1) and any
other person affected by the Provisional Consolidation Scheme disputing the correctness of the entries made therein within thirty
days of the receipt of the notice or the date of publication of the Provisional Consolidation Scheme, as the case may be, file an
objection before the Consolidation Officer or the Assistant Consolidation Officer duly authorised by the Consolidation Officer in
that behalf.
Disposal of objection. - (1) The Consolidation Officer shall, in the prescribed manner, dispose of objections filed under Section
18 after giving the Consolidation Committee and the parties concerned a reasonable opportunity of being heard.
(2) The Consolidation Officer shall have powers to modify the Provisional Consolidation Scheme to such an extent or to remand
the same to the Assistant Consolidation Officer with such directions as he considers necessary in the interest of proper
consolidation.
Appeal. - (1) Any person aggrieved by an order of the Consolidation Officer under Section 19 may, within thirty days from the
date of the order prefer an appeal before the Director of Consolidation whose decision thereon shall, except as otherwise provided
by or under this Act, be final.
(2) The Director of Consolidation shall have powers to revise the Provisional Consolidation Scheme to such an extent or to remand
the same to the Assistant Consolidation Officer or the Consolidation Officer with such directions as he deems necessary.

33
 Confirmation of Provisional Consolidation Scheme. - (1) The Director of Consolidation shall confirm the Provisional
Consolidation Scheme after the disposal of all objections and appeals relating to the unit with such modifications as he considers
necessary in the interests of proper consolidation or for giving effect to the final order, if any, passed under Section 15.
(2) The Provisional Consolidation Scheme so confirmed shall be published in the unit and except as otherwise provided under this
Act, shall be final.
Preparation and publication of final map and record-of-rights and coming into force of the final consolidation scheme. -
(1) (a) As soon as may be after confirmation of the Provisional Consolidation Scheme the Consolidation Officer shall cause to be
prepared for each village in the consolidation area a final map and record-of-rights on the basis of the Consolidation Scheme so
confirmed.
(b) The map and the record-of-rights shall contain such particulars as are required under the Orissa Survey and Settlement
Act, 1958 (Orissa Act 3 of 1959) with such modifications as may be prescribed and shall also show the rent and cess
determined under Sub-section (3) of Section 7.
(2) The map and the record-of-rights prepared under Sub-section (1) shall be published in the prescribed manner and the Final
Consolidation Scheme shall come into force from the date of such publication.
(3) The relevant extract of the record-of-rights shall be supplied to the land-owners at the time of publication.
(4) The map and the record-of-rights published under Sub-section (1) shall, subject to alterations and modifications made in
pursuance of orders passed under Section 15 or 36 of orders referred to in Sub-section (3) of Section 41, for all intents and purposes
be deemed to have been prepared under the Orissa Survey and Settlement Act, 1958.

Q – 33. Discuss the Enforcement of the scheme of Holdings and prevention of fragmentation of land Act – 1972.

Ans:- Entering into possession by land owner. - On and after the date of publication of the map and the record-of-rights under
Sub-section (2) of Section 22, a land owner shall be entitled to enter into possession of the lands allotted to him.
Compensation for houses, structures, trees, wells, etc. - (1) On and from the date of entering into possession, every land-owner
shall pay or receive compensation according as the valuation of houses structures, trees, wells and other improvements existing
on the lands allotted to him in the final consolidation scheme is more or less than the valuation of such properties existing on the
land originally held by him.
Explanation - For the purpose of Sub-section (1) "compensation" shall be the difference between valuation of houses, structures,
trees, wells and other improvements existing on the lands allotted to him under the final consolidation scheme and the valuation
of such properties originally held by him.
(2) The amount of compensation determined shall be intimated to the land-owners concerned in the prescribed manner.
Delivery of possession. - (1) On an application made within sixty days from the date of coming into force of the final
Consolidation Scheme by the land-owner who is unable to enter into possession of the lands allotted to him under the said Scheme,
the Assistant Consolidation Officer may, within six months from the date of the application, put the land owner in actual physical
possession of lands so allotted, and in doing so, shall have all the powers as are exercisable by a Civil Court in execution of decree
for delivery of possession of immovable property:
Provided that the delivery of possession as aforesaid shall not affect the right of the person from Whom possession is transferred
to tend and gather the crops standing on such lands or part thereof on the date of the delivery unless the Assistant Consolidation
Officer decides, for reasons to be recorded, that possession of the crops shall be delivered.
(2) On the expiry of six months from the date on which the land-owner becomes entitled to enter into possession of the lands
allotted to him in accordance with Section 23 or, where an application has been duly made under Sub-section (1), on the expiry of
six months from the date of such application, the concerned land-owner shall, if he has not entered into possession earlier, be
deemed to have entered into actual physical possession of lands to him.
(3) Notwithstanding the provisions contained in Sub-section (2) where no application is made under Sub-section (1) by a land-
owner and, the Assistant Consolidation Officer has reasons to believe the land-owner has not entered into possession of the land
allotted to him, he may, on his own motion and at any time before the issue of a notification under Sub-section (1) of Section 41,
put the landowner in actual physical possession of the lands so allotted in the same manner and; subject to the same conditions as
specified in Sub-section (1).
(4) The powers conferred on the Assistant Consolidation Officer under Sub-section (3) shall, in like manner and in like
circumstances be exercisable by the Tahasildar having jurisdiction after the issue of notification under Sub-section (1) of Section
41
Compensation for standing crop. - (1) Where possession of standing crops is delivered along with the land under Section 25,
Assistant Consolidation Officer shall determine, in consultation with the Consolidation Committee, the compensation payable in
respect of such crops by the land-owner put in possession.
Recovery of compensation. - (1) Where a land-owner from whom compensation is recoverable under this Act, falls, to pay the
same within six months from the date of intimation under Sub-section (2) of Section 24, the person entitled to receive the same
may, in addition to any other mode of recovery open to him, apply to the Collector within six months from the expiry of the
aforesaid period to recover on his behalf the amount due as if it were a public demand payable to the State Government.

34
(2) Interest at the rate of six per cent per annum shall be charged on the amount of compensation remaining unpaid after expiry of
the earlier period referred to in Sub-section (1).
Reduction of rent and cess on account of contribution of land for public purpose. - Where as a result of contribution of public
purposes, under the provisions of Section 8, the valuation of the original holding of a land owner is reduced, the rent and cess
payable for the holding shall be reduced by the Assistant Consolidation Officer notwithstanding anything contained in any other
law for the time being in force, in the same proportion as the valuation of the area so contributed bears to the original total valuation
of the holding.
Amount to be paid for land contributed for public purpose. - An amount equal to five per cent of the market value of the land
contributed for public purposes as determined, in the prescribed manner shall be paid to the land-owner or owners concerned.
(2) An amount equal to the market value of houses, structures, trees, wells, and other improvements existing on the land contributed
for public' purposes as determined under this Act shall also be paid to the landowners concerned.
Vesting of land contributed for public purposes and allotted to State Government. - (1) The lands set apart for public
purposes under the Final Consolidation Scheme shall, with effect from the date of coming into force of the final scheme, be utilised
for the said purposes.
(2) The land allotted to the State Government under the Final Consolidation Scheme shall, with effect from the aforesaid date, vest
and be always deemed to have vested in the State Government.
(3) Where under a declaration under the proviso to Sub-section (2) of Section 17, any land belonging to the State Government or
used for public purposes is allotted to a land-owner, the right of the village community as well as of all the individuals and of the
State Government in such lands shall cease to be attached to such land shall be attached to the lands specified for the purpose in
the Final Consolidation Scheme.
Consequences to ensue on land-owner entering into possession. - With effect from the date on which a land-owner enters or
is deemed to have entered into possession of the Chaka allotted to him in accordance with the provisions of this Act, the following
consequences shall ensue -
(1) The right, title, interest and liabilities of every land-owner in respect of his original holding shall cease :
Provided that where the land-owner is allotted his original holding either wholly or in part in the Final Consolidation Scheme his
right, title, interest and liability in such holding or part thereof, as the case may be, shall remain unaffected;
(2) Every landowner shall have the same right, title, interest and liabilities in the "Chaka" allotted to him as he had in the
original holding and the rights and interests of all other persons in respect of such original holdings shall stand transferred
to the said "Chaka" or to such part thereof as specified in the Final Consolidation Scheme.
Cost of consolidation operation. - (1) The State Government may recover as they may fix from the land-owners of the unit
towards the cost of the operations conducted under this Act :
Provided that the aforesaid amount shall not be fixed at a rate exceeding ten rupees per acre and shall be recovered in five equal
annual instalments.
(2) An amount payable as costs under this section shall be recoverable as a public demand.

Q – 34. Discuss the prevention of fragmentation of Land Act – 1972.

Ans:- Application of this Chapter. - This Chapter shall apply to an area in respect of which a notification under Section 41 has
been issued.
Prevention of fragmentation. - (1) No agricultural land in a locality shall be transferred or partitioned so as to create a fragment.
(2) No fragment shall be transferred except to a land-owner of a contiguous Chaka :
Provided that a fragment may be mortgaged or transferred in favour of the State Government, a Co-operative Society, a scheduled
bank within the meaning of the Reserve Bank of India Act, 1934 (2 of 1934) or such other financial institution as may be notified
by the State Government in that behalf as security for the loan advanced by such Government, Society, Bank or institution, as the
case may be.
(3) When a person, intending to transfer a fragment, is unable to do so owing to restrictions imposed under Sub section (2), he
may apply in the prescribed manner to the Tahasildar of the locality for this purpose whereupon the Tahasildar shall, as far as
practicable within forty-five days from the receipt of the application determine the market value of the fragment and sell it through
an auction among the landowners of contiguous Chakas at a value not less than the market value so determined.
[(3-a) Any person aggrieved by an order of the Tahsildar under Subsection (3) may, within sixty days from the date of such order,
prefer an appeal in the prescribed manner before the concerned Sub-divisional Officer, whose decision thereon shall be final.]
(4) When the fragment is not sold in course of the auction it may be transferred to the State Government and the State Government
shall, on payment of the market value determined under Sub-section (3), purchase the same and thereupon the fragment shall vest
in the State Government free from all encumbrances.
(5) Nothing in Sub sections (1) and (2) shall apply to a transfer of any land for such public purposes as may be specified by
notification in this behalf by the State Government.

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 Consequences of transfer or partition contrary to provisions of Section 34. - (1) A transfer or partition in contravention of
the provisions of Section 34 shall be void.
(2) A person occupying or in possession of any land by virtue of a transfer or partition which is void under the provisions of this
Act, may summarily evicted by the Collector.

Q - 35. What is Land Register, how it is prepared with special reference to statement of priciple.

Ans: A Land Register is prepared U/Sec. 6 of Consolidation Act 1972. A map and land register is prepared in respect to each unit
which shall be published in a conspicuous place ofa village for a period 1ot less than 15 days U/Sec. 6(2) the A.C.O prepares it
showing particulars lands, their interest therein, rents, cess U/Rule 10 (2) A land register includes name of land owner. Situation
and extent of land held by him, right and interest the rent and cess settled under Sub-Sec. (3) of Sec. 7 of Act the extent of irrigation
sources right to way if any encumbrance, valuation of land, house, trees, structure, well and other improvements existing in land.

When a particular area comes under consolidation notification U/Sec. 3() and on issue of notification U/Sec. 6(1 ) the A.C.O shall
in consultation committee prepare for each unit a statement of principles S.O.P USec. 8 stating what principles as to be followed
in carrying out consolidation.

1. Specific areas which can be embarked for public purposes.

2. Land owners contribution for public purpose.
3. Nothing shall apply to Govt. land settlement Act 1962.

The Statement of Principles shall be approved by Consolidation Officer C.O who can alter it and modify it because a final map is
to be prepare. U/Sec. 13. Sec. 15 and Sec. 22 of the same Act.

Q-36. Can a land be fragmented or transferred when consolidation is on Motion ?

Ans:- No. No agricultural land in a locality be transferred or partitioned so as to create a fragment U/Sec. 34. If done U/s. 52 it is
done to a person with a contiguous chaka. It can be mortgaged in favour of state Govt., Co-op. Society, a Scheduled Bank or other
financial institution as notified by State Govt. on behalf of security for the loan advanced by mortgage.

A person intending to transfer can do so by applying to Tahasildar who shall within 45 days from
date of receipt determine market value of the fragment and sell it through auction among land owners of contiguous chaka at a
value ot less than the market value. Person aggrieved by Order of R.O may prefer appeal within 60 days to S.D.O. whose decisions
final. When fragment is sold in auction in it shall be given to State Govt. who shall on pay1nent of market value shall vest in State.
Nothing shall be held to be held in public purpose.

Person contravening Sec. 34 would attract Sec. 35 and it shall be void and a person in possession
would be summarily evicted by Collector. U/Sec. 54 a penalty of Rs.500/- not exceeding 500/- by Order passed by S.D.O. UJ/Sec.
55 there is a penalty I year fix.

Q - 37. Write Short Notes. Revision and Bar of the jurisdiction of civil court.

Ans:- Revision:- [Sec. 36|

The Consolidation Commissioner may by application by any person aggrieved by any decision of Director of Consolidation may
within 90 days from the date of the decision revise it and for the said purpose he may call for records. So all orders passed U/Scc.
36 are final and not called into question in any court of law.

Bar of jurisdiction civil Courts –

Section 67 of the O.L.R Act, 1960 defines the “bar of jurisdiction of civil Courts as - ”

Save as otherwise expressly provided in the O.L.R Act, no civil Court shall have jurisdiction to try and decide any suit or
proceeding so far as it relates to any matter which any officer or other competent authority is empowered by or under this the
O.L.R Act, 1960 to decide

Power of Civil Court to be exercised by Authorities under Act:

Consolidation Authorities like A.C.O., C.0., D.D., D.C. and C.C. do exercise civil court's power under Sec. 44 of Consolidation
Act. The rights and privilegcs vested are
1. Summoning of attendances and witnesses and examining them on oaths and issuing commission.

36
2. Compelling the production of documents. 3. Admission of evidence by affidavit. 4. Any other matter that may be prescribed.
Sec. 45 they have power to verify document. Sec. 46 - Power to enter and make survey marks. Sec.47-They will exercise power
of civil courts, but shall do so like Revenue Courts.

Bar to jurisdiction of civil courts:

Under Sec. 51 there is a bar on jurisdiction of civil courts to decide. All questions relating to right, title and interest and liability
of lands lying in Consolidation Area shall be decided on merits by A.C.., C.O., D.D., D.C. and C.C. Revenue suits shall be decided
by revenue authorities. Civil court's jurisdiction is barred U/s. 51. But it is ousted under special circumstances. The circumstances
are
1. When the validity of document is challenged as held
in 52 (1981) CLT 144.
2. If the dispute is as to status and identity.
3. If it is for appreciation of evidence.
4.It is available only after closure of consolidation pro
ceedings U/Sec. 41.
5. If the issue is related to Benami transaction.
6. Abaiement o a suit and its validity.
7. Recovery of possession and permanent injunctions.
8. Declaratory reliefs.

UNIT – IV

Q – 38. When and under what conditions Government can order a survey to be made ?

Ans. (a) Survey' means all or any of the operations incidental to the determination, measurement and record of a boundary or
boundaries or any part of a boundary and includes a resurvey. According to section 3 of the Orissa Survey and Settlement Act,
1958 the Government or subject to their control any officer or Authority empowered by Government may at any time, by
notification, order a survey to be made of any land in the State or the boundary thereof.

The Government shall be competent at any time during the continuance of the proceedings of any survey to issue an order to stop
such survey and, if subsequently so ordered, such
stage as may be directed. The Government may also issue a notification ordering a survey.
(a) On the request of-(i) any local authority: or (ii) other persons, who agree to pay such amount as may be directed by the
Government towards the cost of survey; or
(b) Where in any local area, not less than one-half of the total number of raiyats apply for the survey depositing or giving security
for such amount towards the payment of expenses as the Government may direct.

Further, as per section 4, the Board of Revenue may by notification appoint any officer or person either by name or by virtue of
his office to be a survey officer for all or any of the purposes of this Act. Subject to the control of the Board of Revenue every of
office or person so appointed shall exercise and perform the powers and duties of a survey officer within such local limits as the
Board of Revenue may direct. The survey shall be conducted in such manner as may be prescribed by the Government.

Q – 39. What is the meaning of Land-holder?

Ans:- Land-holder' means all holders or owners of interest in land between the raiyat and the state and a proprietor, sub-proprietor,
malguzar, Thikadar, Gauntia, Tenure-holder, under tanure-holder and includes as Inamdar, Jagirdar, Zamindar, Illaquadar,
Kharposhdar, Praganadar, Sarbarakar and maafidar.

Therefore, a land-holder is a holder of an intermediate interest between the raiyat and the state. Because all the intermediaries in
between the raiyat and the state have been classed together and have been given the characterisation of 'Land-holder'.

37
All the land-holders are in fact landlords but not the vice versa. Where there are two land lords for a raiyat the inferior one is
treated as the land-holder and the superior as landlord. Thus a landholder always has a land lord over him though he himself is the
land lord for the raiyat under him. For example, 'A' is a raiyat under B' a Gountia who had proprietary rights over the lands held
by A'. B' is here a land-holder as he has above him the state as land lord for him. But B' is land lord for 'A'.

Q – 40. What is meant by a chief survey officer? Discuss the roll played by him in the process of preparation of the Record
of Rights.

Ans :- The Government may, in any case, if they think fit, make an order directing that a record-of-rights be prepared in respect
of lands in any local area in the State. The Government may als0 make an order under the pre ceding sub-section (a) on the request
of -i) any local authority; or (ii) other persons who agree to pay such amount as may be directed by the Government towards the
cost of preparation of record-of-rights; or (b) on the request of not less than one-half of the total number of raiyats having land in
the village and on their depositing such amount for payment of expenses as the Government may direct.

A notification in the Gazette of an order under this section shall be conclusive evidence that the order has been duly made. When
an order is made under sub-section the Assistant Settlement Officer shall proceed to prepare the record-of-rights in the prescribed
manner. The record-of-rights shall be comprised of (a) the Khewat which shall show the character and extent of proprietary in
tersest and may also show the particulars, of other rent receiving interest, and (b) the Khatian which shall such details as may be
prescribed. For the purpose of preparation of record-of-rights in respect of any local area, there shall be prepared in the prescribed
manner map showing, as far as may be all such particulars as may be considered necessary for the purpose and the record of-rights
so prepared shall be in conformity with the map. When a draft record-of-rights has been prepared, the As sistant Settlement Officer
shall publish the same in the prescribed manner and for any objections which may be made any omission there from during the
period of publication. An appeal, if presented within thirty days from the date of the order appealed against shall lie from the date
of the order appealed against shall le from every order passed by the Assistant Settlement Officer under section 12 of the settlement
officer or to any other officer especially empowered by the Government in that behalf.

When all such objections and appeals have been disposed the Assistant Settlement Officer shall finally frame the record of-rights
incorporating all such alterations as may be necessary to give effect to the orders passed on such objections and appeals and shall
cause it to be finally published in the pre scribed manner and such publication shall be conclusive evidence that record has been
duly made. Again separate drafts and final records may be published for different local areas or parts thereof.

Any record-of-rights prepared and finally published un der this chapter or a certified copy thereof or extract there from shall be
conclusive evidence of such publication. The Government may, by notification, declare with regard to and in any local area or
village that the record-of-rights has been finally published and such notification shall be conclusive evidence of such publication.

Every entry in a record-of-rights so published shall be evidence of the matter referred to in such entry and shall be presumed to be
correct until it is proved by evidence to be in correct. Provided that, if any entry in a record-of-rights is in a subsequent altered
record-of-rights, the latter entry shall be presumed to be correct until it is proved by evidence to be incorrect, but the previous
entry shall be admissible the facts existing at the time such entry was made.

Q – 41. What do you mean by Record of right?

Ans:- According to section 11 the Government may, in any case, if they think fit, make an order directing that a record-of-rights
be prepared in respect of lands in any local area in the State.

The Government may also make an order under the preceding sub-section (a) on the request of-(i) any local authority, or (i) other
persons who agree to pay such amount as may be directed by the Government towards the cost of preparation of record-of-rights;
or (b) on the request of not less than one-half of the total number of raiyats having land in the village and on their depositing such
amount for payment of penses as the Government may direct.

A notification in the Gazette of an order under this section shall be conclusive evidence that the order has been duly made. When
an order is made under sub-section (1) the Assistant Settlement Officer shall proceed to prepare the record-of rights in the

38
prescribed manner. The record-of rights shall be comprised of (a) the Khewat which shall show the character and extent of
proprietary interests and may also show the particulars of other rent receiving interests; and (b) the Khatian which shall show such
de tails as may be prescribed.

For the purpose of preparation of local area, there shall be prepared in the prescribed f record-of-rights in as may be considered
necessary for the purpose and the record of-rights so prepared shall be in conformity with the map. The submission of application,
execution of deposit of amount towards the expenses of preparation of record-of-rights of an area under sub-section (2) of section
11 shall be made in the same manner as prescribed under Ru le 5.

Where an order is made under section 11, the particulars to be recorded shall be specified in the order and may include either
without or in addition to other particulars, all or any of the following namely.
(i) the name of each tenant or occupant, (ii) the class to which each tenant belongs,
(iii) the situation and extent of the land held by each ten. ant or occupant,
(iv) the name of the landlord of each tenant,
(v) the name of each proprietor and landlord,
(vi) the rent and charges for irrigation payable by each proprietor, landlord, tenant or occupant,
(vii) if the rent is a gradually increasing rent, the time at which and the steps by which it increases,
(viii) the use of water for agricultural purposes where obtained from a river, tank or well or any other source of supply and the
repair and maintenance of works for securing supply of water for the cultivation of the land held by each proprietary, landlord,
tenant or occupant whether or not such works be situated within the boundaries of such land, land,
(ix) the special conditions or incidents if any of the ten
(x) any right of way or other easement attached to the
(xi) if the land is claimed to be held rent-free whether or not rent is actually paid, and if not paid, whether or not the occupant is
entitled to hold the land without payment of rent, and if so entitled, under what authority.
The Assistant Settlement Officer shall publish the attested copy of the map and the draft record-of-rights by placing them public
inspection, free of charge, for a period of sixty days such at convenient place as he may determine.
Objections, if any, to any entry in or omission from the draft record-of-rights shall be made in form No. 4 during the period of
publication specified in sub-rule (i) and shall be recived and considered by the Assistant Settlement Officer in accordance with
provisions of Rule 27 and the objector shall within such time as the Assistant Settlement Officer may direct file as many copies of
the objection as may be necessary to he served on every person whose interest may, in the opinion of such officer be affected.

Q – 42. Has the Assistant Settlement officer any power to review or revise his own decision at any stage of the settlement
operation and, if so, when and under what circumstances.

Ans:- According to section 6 (A) the survey officer shall prepare a draft survey record which shall comprise of:

(a) the map drawn to such scale as may be convenient in the opinion of the survey officer; and
(b) such other records as the Board of Revenue may, by order, specify in that behalf.

When a draft survey record has been prepared, the survey officer shall publish the same in the prescribed manner and for the
prescribed period and shall receive and consider any objections which may be made to any entry therein or to commission there
from during the period of publication.

An appeal, if presented within thirty days from the date of the order appealed against, shall lie to the chief survey of officer from
every order passed by the survey officer on any objection under section 6-A. When all such objections and appeals, if any, have
been disposed of, the survey officer shall finally frame the survey record incorporating all such alterations as may be necessary to
give effect to the orders passed on such objections and appeals and shall cause it to be finally published in the prescribed manner,
and the publication shall be conclusive evidence that the record has been duly made. Separate drafts, final records may be published
for different local areas or parts thereof.

Further, as per section 6-D the Board of Revenue may in any case:
(a) of its own motion, at any time after the date of final publication under section 6-C, or
(b) on application made within one year from the said date, direct the revision of any survey record or any portion thereof but not
so as to effect any order passed by a civil court under section 42. Provided that no such direction shall be made until reasonable
opportunity has been given to the parties concerned to appear and be heard in the manner. Lastly, after a survey record has been
finally published, the Board of Revenue shall by notification declare that such record has been finally published, and such
notification shall be conclusive proof of such publication.

Q – 43. Write a short notes on Settlement officer.

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Ans :- Settlement Officer :
‘Settlement officer’ means any officer appointed as such by Government and include an Additional settlement officer appointed
by Government. When a person is appointed as a settlement officer or as an Assistant settlement officer under the Act, he shall
have the following powers, namely :
(a) all powers exercisable by the Civil Court in trials of suits.
(b) Power to enter upon any land to survey, demarcate, and make a map or record of the same,
(c) Power to cut and thresh crop on any land and weigh the produce thereof with a view to estimate the capabilities of its soil, and
(a) Power to take down evidence with his own hand in the English language in proceedings under the Act or under these rules in
accordance with the procedure laid down in the Code of Civil Procedure, 1908 for the trial of suits.

Settlement Rent Roll :

The Settlement Rent Roll shall comprise the copy of the record-of-rights as finally published and section 20 incorporated therein.
Provided that it may not show the rents payable immediately before the fixation of such rent under section 20. According to Rule
53 the Assistant Settlement Officer shall publish the Settlement Rent Roll and a copy of the map ma" tained under Chapter IV by
placing them for public inspection, free of charge, for a period of sixty days at such convenient place as he may determine.
Objections, if any to any entry in or omission from the Settlement Rent Roll shall be made in Form No. 4 during period of
publication specified and shall be received and considered by the Assistant Settlement Officer in accordance with the
provisions of Rule 54 and the objector shall within such time as the Assistant Settlement Officer may direct, file as many copies
of the original objection as may be necessary to be served on every person whose interest may, in the opinion of the Assistant
Settlement Officer, be affected thereby.

Q – 44. Describe the powers and functions of Settlement Officer under O. S. S. Act.

Ans :- The Board of Revenue may by notification appoint any officer or person either by name or by virtue of his office be a
survey officer for all or any of the purposes of this Act. According to section 5 when any survey is ordered under section 3, the
survey officer shall publish a proclamation in the prescribed manner inviting all persons having interest in the land or in the
boundaries of which the survey has been ordered, to attend either in person or by agent at a specified place and time and from time
to time thereafter, when called upon for the purpose of pointing out boundaries and supplying information in connection therewith.
A proclamation published under above shall he held to be a valid notice to every person having any interest in the land or in the
land or in the boundaries of which the survey has been ordered. After the issue of the proclamation under section 5 as per section
6, the survey officer or his subordinates or any other officer acting under the authority of the survey officer shall have power to
enter upon the land under survey, examine and measure such land and clear by cutting down or removing any trees, jungle, fences,
standing crops or other material obstructions to the boundaries or other lines, the clearance of which may be necessary for the
purposes of the Survey. The survey officer shall, after assessing the loss occasioned by and clearance as is mentioned in sub-
section above offer reasonable compensation to the owners of the materials cleared. Notification under section 5 must be published
in the prescribed form. Any person aggrieved by a decision under above may, within thirty days from the ate of such decision,
prefer an appeal to the prescribed authority.
The Survey Officer shall also prepare a draft survey record which shall comprise of:
(a) the map drawn to such scale as may be convenient in the opinion of the Survey Officer, and
(b) such other records as the Board of Revenue may, by order specify in that behalf.
When a draft record has been prepared, the Survey of. officer shall publish the same in the prescribed manner and for the prescribed
period and shall receive and consider any objections which may be made to any entry therein or to any commission there from
during the period of publication. An appeal, if presented within thirty days from the date of the order appealed against, shall lie to
the chief survey officer from every order passed by the survey officer on any objection made under section 6. When all such
objections and appeals, if any have been disposed of, the survey officer shall finally frame the survey record incorporating all such
alterations as may be necessary to give effect to the orders passed on each objection and appeals and shall cause it to be finally
published in the prescribed manner, and the publication shall be conclusive evidence that the record has been duly made. Again
separate drafts, final records may be published for different local areas or parts thereof.

Q – 45. Discuss the Special Survey and Settlement under the odisha Survey and settlement Act.

Ans:- (1) The Government may. by notification, express its intention to carry out special survey and settlement in any part or the
whole of the State, in accordance with the provisions of this Act notwithstanding anything contained in the Odisha Survey and
Settlement Act, 1958.
(2) Where a notification is published under sub-section (1), the Tahasildar shall publish a proclamation to that effect in the
prescribed manner.
The Government may, by order, reorganize the ongoing survey operations in he districts concerned or in any area, as the case
may be, tó bring the same in conformity with the provisions of this Act, so far as it may be deemed necessary, in the proscribed
manner and the earlier proceedings shall not be construed to be illegal to any extent on account of the special Survey conducted
under this Act. After notification under section 3, every land owner

40
may submit in the concerned Tahasil Office or Camp Cíf a self declaration of plots owned or held by him in the prescribed manner.
Survey of a revenue village may be carried out by technology applying modern technology inclusive of base mapping. Demarcation
and ground realities in accordance with the prescribed procedure laid down in this behalf. The Tahasil Office or Camp Office, as
the case may be, shall verify the self-declaration received under sub-section (1) on the basis of the available records and issue
verification certificate. Survey operations shall be duly publicized at the local level to ensure and facilitate active participation by
the Panchayati Raj Institutions and people of the villages concerned.
Explanation._ For the purpose of this section "Panchayati Raj Institution" means the Institution of self-Government constituted
under article 243B of the Constitution for the rural areas
The Director may engage one or more Agencies having such qualification as may be prescribed who shall be responsible for
preparation of preliminary record of rights in whole or in part of the revenue village including preparation of notices for the land
owners and their services to the land owners concerned and inviting objections thereon and for collections and compilations of
such objections to the notices in the prescribed manner.
There shall be constituted in every revenue village concerned a team of persons to update and prepare basic record of rights with
the assistance of such Agency and licensed surveyor.
A team of persons referred to in sub-section (2), shall inclusion an officer or employee of the Tahasil office concerned and any
other designated officer or employee as the Sub-Collector may
appoint. Claims and objections shall be heard and disposed of in such of record manner and by such officer as may be prescribed
who shall not be Final While preparing the basic record of rights, the concerned team of persons shall take into account to-date
ground realities, changes, transfers, sub-divisions, petitions, hereditary devolution, exchanges and the like, in matters of
determining right, title and ownership of the land holdings. Such team of persons shall identify and demarcate lands, Government
lands, lands treated as common property resources and
the like and record the same as such in the record of rights. Claims and objections, if any, shall be disposed of in such manner and
by such officer not below the rank of a Tahasildar as may be prescribed and the land records prepared in the aforesaid manner,
shall be called the draft record of rights. The draft record of rights including maps, prepared under section 7, shall be published in
the concerned revenue village in the manner as may be prescribed in this behalf, inviting claims and objections. After the disposal
of claims and objections in accordance
the recess. with section 9. The record of rights of a revenue village shall be published publication finally under the hand and seal
of the Collector in the prescribed manner, after the conclusion of work under section 10.
Claims and objections with regard to the record of rights may be filed within three months of its final publication and such claims
and objections shall be heard and disposed of in such manner and by such officer as may be prescribed, who shall not be belo w
the rank of an Additional District Magistrate. A copy of the finally published record of rights shall be sent the concerned Tahasil
Office for folow up action in day-to-day revenue administration. The orders, if any. passed under sub-section (2) shall be
communicated to the Tahasildar for necessary corrections in the record of rights. The record of rights prepared and finally
published under this Chapter or a certified copy thereof shall be conclusive evidence of such publication The Government may,
by notification, declare with regard to any specified area that a record of rights has been finally published for every village included
in such area and such notification shall be conclusive evidence of such publication. The record of rights finally published in
respect of any revenue village covered by special survey and settlement under this Act shall be taken into account for the purpose
of consolidation operations as settlement provided in the Odisha Consolidation of Holdings and Prevention of Orissa. Every entry
in a record of rights, so published, shall be evidence of the matter referred to in such entry and shall be presumed to be correct
unless it is proved by evidence to be incorrect:
Provided that, if any entry in a record of rights is altered in a subsequent record of rights, the later entry shall be presumed to be
correct until it is proved by evidence to be incorrect, but the previous entry shall be admissible as evidence of the facts existing at
the time when such entry was made. All the records created during preparation of record of rights ofrecos may be maintained in
digital form digital form in the prescribed manner.

Q – 46. Write a notes on Licensed Surveyor.

Ans:- (1) The Director shall invite applications from persons desirous of being enrolled as licensed surveyors in the manner as
may be prescribed.
(2) The applicant desiring for the grant of licence should possess technical qualifications and experience as may be prescribed.
(3)The Director shall enroll the qualified persons and send the list to the Collectors for use as and when required in accordance
with the guidelines issued, from time to time, in this regard by the
Government

It shall be the duty of the licensed surveyors to------

(a) prepare sketch map and map to scale as applied for by the land owners,
(b) prepare map to scale as required by the Government Authority or Public Body.
(c) prepare map to scale as required by the requisitioning body in the land acquisition proceedings;
(d) update maps prepared in course of cadastral and revisional surveys,

41
(e) verify digital maps prepared through modern technology and carry out ground realities exercises:
(f) prepare record of rights in the post-mapping stage. During field survey and settlement operations as well as facilitate updating
of land records maintained in the revenue offices,
(g) facilitate inter-connectivity among revenue offices,
(h) prepare maps and record of rights during consolidation proceedings, and
(i) perform such other incidental duties relating to survey operation and preparation of record of rights as may be conferred by the
Director or the Collector.
The Collector or any other revenue officers in a District, as may be authorised by the Director, shall distribute works among the
enrolled licensed surveyors.
(1) Such authority as may be prescribed shall be nominated by the Government to decide the fee and remuneration for different
works and services to be rendered by the licensed surveyors.
(2) In case the work as provided in section 5 pertains to rendering services to a private individual, the individual shall, along with
an application form, deposit such amount as fees as may be prescribed, in the revenue office concerned, after which, the revenue
officer shall deduct such part of the fees as may be prescribed as incidental costs for supplying copies of the existing record of
rights and the rest of the amount shall be payable to the licensed surveyor as remuneration to whom the work is allotted, on
satisfactory completion of the work.
(3) The sketch map or map to scale, as prepared by the licensed surveyor, shall be verified by the officer of the Tahasil concerned
and findings shall be recorded in writing and in case the work is found unsatisfactory, the matter shall be remitted back to the
licensed surveyor concerned for carrying out the exercise afresh.
(4) In case, a work has been assigned to the licensed surveyor by a Department of Government or requisitioning body in land
acquisition or any public body. the licensed surveyor shall be paid such remuneration as may be prescribed.
(5) In case, the licensed surveyor is assigned with a work pertaining to the preparation of maps or record of rights during survey
and settlement operations or updating of records of rights and the like. he shall be paid such remuneration as may be prescribed.

In case of dereliction of duties, unsatisfactory activities or any other proven misconduct, the Director may. either suo-motu or on
the recommendation of the Collector to this effect, cancel the licence of the licensed surveyor: Provided that no order of
cancellation shall be made unless the concerned licensed surveyor has been given an opportunity of being heard.

Q – 47. Discuss the Roles, Duties and Responsibilities of Surveyors under the odisha special Survey and settlement Act –
2012.

Ans:- It shall be the duty of every Licensed Surveyor and Loss Assessor to investigate, manage, quantify, validate and deal with
losses (whether insured or not) arising from any contingency, and report thereon to the insurer or insured, as the case may be.,
All Licensed Surveyors and Loss Assessors shall carry out the said work with competence, objectivity and professional integrity
and strictly adhere to the code of conduct as stipulated in these Regulations.
1) The following, shall, inter alia, be the duties and responsibilities of a Surveyor and Loss Assessor:-
a) declaring whether he has any interest in the subject-matter in question or whether it pertains to any of his relatives, business
partners or through material shareholding;

Explanation: For the purpose of this clause ‘relatives’ shall mean any of the relatives as defined in Subsection (77) of Section 2
of the Companies Act, 2013;
b) Bringing to the notice of the Authority, any change in the information or particulars furnished at the time of issuance of
license, within a period not exceeding fifteen days from the date of occurrence of such change, that has a bearing on the license
granted by the Authority
c) maintaining confidentiality and neutrality without jeopardising the liability of the insurer and claim of the insured;
d) conducting inspection and re-inspection of the property in question suffering a loss;
e) examining, inquiring, investigating, verifying and checking upon the causes and the circumstances of the loss in question
including extent of loss, nature of ownership and insurable interest;
f) conducting spot and final surveys, as and when necessary and comment upon franchise, excess/under insurance and any other
related matter;
g) estimating, measuring and determining the quantum and description of the subject under loss;
h) advising the insurer and the insured about loss minimisation, loss control, security and safety measures, wherever appropriate,
to avoid further losses;
i) commenting on the admissibility of the loss as also observance of warranty conditions under the policy contract;
j) surveying and assessing the loss on behalf of insurer or insured;
k) assessing liability under the contract of insurance;
l) pointing out discrepancy, if any, in the policy wordings;
m) satisfying queries of the insured/insurer and of persons connected thereto in respect of the claim/loss;
n) recommending applicability of depreciation, percentage and quantum of depreciation;
42
o) giving reasons for repudiation of claim, in case the claim is not covered by policy terms and conditions;
p) taking expert opinion, wherever required;
q) commenting on salvage and its disposal wherever necessary.

2) A surveyor or loss assessor whether appointed by insurer or insured, shall submit his report to the insurer as expeditiously as
possible, but not later than 30 days of his

appointment, with a copy of the report to the insured giving his comments on the insured’s consent or otherwise on the
assessment of loss. Where, in special circumstances of the case, either due to its special and complicated nature, the surveyor
shall under intimation to the insured, seek an extension, in any case not exceeding six months from the insurer for submission of
his report.
3) In cases where the Survey report is pending due to non-completion of documents, the surveyor may issue the final survey
report independently based on the available documents on record, giving minimum three reminders in writing to the insured.
4) If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the surveyor under
intimation to the insured, to furnish an additional report on such incomplete issues. Such a request may be made by the insurer
within 15 days of the receipt of the original survey report. Provided that the facility of calling for an additional report by the
insurer shall not be resorted to more than once in the case of a claim.
5) The surveyor on receipt of this communication shall furnish an additional report within three weeks of the date of receipt of
communication from the insurer.

Q – 48. Discuss the modern Technology Survey (or) Hi – tech Survey.

Ans:- Hi-tech Survey is a process of survey through Modern Technology like Aerial Photography, High Resolution Satellite
Imagery,Differential Global Positioning System (DGPS), Electronic Total Station (ETS). In Odisha it is carried out under Odisha
Special Survey and Settlement Act and Rule 2012.
In our society, ownership of land has an emotional and social value. In an agrarianeconomy like ours, it is treated as an instrument
for economic growth. Ownership of land not only provides socio- economic security but also invests its owner with certain
privileges. In view of the above, survey, preparation and maintenance of record of rights are important facets of revenue
administration particularly for odisha which is predominantly an agricultural economy.
The survey and settlement operations are being carried out in the State by following conventional methods which are time
consuming, cumbersome andexorbitantly expensive. The very purpose of survey and settlement is defeated ifthe operation takes
a long time as changes in the ownership and status of land are a continuous process.
Odisha Special Survey and Settlement Act, 2012 has been enacted which provides for undertaking survey and settlement
operations in the State by adopting modern technology to minimize the time span without compromising quality, transparency and
grievance redressal The plot wise survey of a revenue village is done by preparation of map through modern technology inclusive
of base mapping, demarcation of plots and ground truthing. In this Act in order to ensure and facilitate active participation of the
Land owners, opportunities are afforded to make self declaration of the lands owned or held by them before the concerned
Tahasildars. The Act provides three stages viz; preliminary preparation of RoR, draft preparation of RoR and final publication of
RoR.
In order to ensure efficient, accurate and transparent delivery mechanism andconflict resolution in ownership of land, an inbuilt
computerized and digital system of maintenance of record of rights including map is essential. To accomplish this task, adequate
provisions are made under the Act for engagement of technically qualified persons (Licensed surveyors) on outsourcing basis to
prepare maps to scale, update maps prepared in course of cadastral and revisional survey, prepare record of rights in post
mapping stage, facilitate inter connectivity among revenue offices etc. The Odisha Special Survey and Settlement Rules, 2012
provides elaborate procedure to carry out the purposes of the Act and also envisages to issue technical guidelines with regard
to method of survey by modern technology, works to be done during different stages of survey and settlement operations, the
manner of maintenance and making available the record of rights and map of a revenue village in digital form to interested persons
and the technical aspects of work of the Licensed Surveyor.

Difference between Hi-tech Survey and Traditional Survey

In traditional Procedure Survey were being made manually using Gunter chain, Plane Table method, Prismatic
Compass and Theodolite. It was time consuming and more cost and man power required.

Through Hi-Tech Survey the map is prepared digitally with highest level of accuracy which can be preserved and
updated digitally and Re-Survey is notrequired. The map is Co-ordinate based having latitude and Longitude of each
point or location of the village which helps in post survey demarcation. ThisSurvey Process is less Time Consuming,
Cost effective, and map prepared through it is of high level accuracy.
43
Limitations of Traditional system of surveying

• Survey operations are not regular- gap between records and field reality
• Associated with human errors
• Out dated method- Low level of accuracy
• Areas above 10 degree slope can not be surveyed
• Time consuming- gap between measurement takenand final output
• Maps in paper form- difficulty in updation
• Reference point of land were subject to displacement.

Advantages of re-survey using modern technologies

• Maximum use of machines-errors due to human factors in survey and mappreparation are negated
• Availability of modern techniques which are more accurate, less timeconsuming and cost effective.
• Coordinate based ground control points- no fear of misplacement.
• Final output in digital form- further updation

Q – 49. How is Hi-Tech Survey being conducted. Role of Revenue Officials in verification, validation, and
preparation of RoR and maps under Odisha Special Survey and Settlement Act & Rule 2012

Methods used in Hi-Tech Survey

These are of Three type

• Pure ground method using ETS & DGPS.

• Hybrid method using Aerial Photography and ground truthing by ETS &DGPS.
• Hybrid method using High Resolution Satellite Imagery and ground truthingby ETS & DGPS.

STEPS FOR RESURVEY

1. Ground control point (gcp) establishment – monumentation

2. Aerial photography or Tasking and acquisition of worldview stereo satellite data, digitization of existing
cadastral maps and authenticated up-to-date record of rights (RoR) Orthoimage generation and ground
validation
3. Georeferencing of cadastral map for village boundary and area confirmation
4. parcel vector generation from ortho-image
5. Field validation of image derived parcel vector
6. Obscured area survey
7. Vectorisation and integration of mutation data up to the date of surveynotification
8. integration of field survey vector with image derived vector to10.Generate the draft
cadastral map
11.Finalisation of draft cadastral map

Establishment of Ground Control Point Network

• Primary GCPs- 16 km x 16 km
• Secondary GCPs- 4 km x 4 km
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 • Tertiary GCPS- 1 km x 1 km
• Primary and Secondary GCPs have permanent value and hence need to bepreserved.
Q – 50. Write a notes an Agency.

Ans :- The Director Land Record and Survey will appoint one or more vendor/agencyhaving technical qualification of
Survey and Preparation of map and ROR.

Acquisition of Stereo Satellite Data/ Aerial Photographs

• Satellite data need to be procured from National Remote Sensing Agency,Hyderabad.

• In other case the aerial photographs need to be taken by low flying aircraftsloaded with GPS and high
resolution camera.

Geo-referencing of Sabik Digital Cadastral Map and delineation of Villageboundary on the ortho-image
After completion of Geo-referencing, the Survey Team will delineate the Village Boundary on the ortho-image; adjust, if required,
the boundary vector at, Edge Plots to ensure that it runs on the physical demarcation features and finalize the Village Boundary
on the image. The area computed from the newlygenerated Village Boundary should be confirmed by the competent authority.

Preparatory work for Ground truthing and Obscure Area Survey

• Obscured areas and Gharabari Plots are to be surveyed on Ground using ETS/ DGPS based on locally
available GCPs after demarcation by concerned Rl/ Amin in presence of land owners/enjoyers.
• Vectors generated from Ortho-Image & DGPS/ETS survey are to be integrated to prepare draft Village Map.

Comparison of village area of cadastral map, ortho-image and RoR data

• Maximum tolerable limit – 2% between different sources of village area

• For the purpose, RoR data should be up to date
• In case of variation (above 2% tolerable limit) field survey is necessary for boundary demarcation.
• Field survey is necessary if the village boundary falls under obscure areas orincase large scale variation in
the village boundaries. The area obtained from filed survey will be treated as final.

Generation of Draft Village Map and RoR :

After compliance of the orders of the Camp Officer/ Tahasildar relating to one Village, the survey team shall furnish
Village Map complete with integration of textual data, plot schedule with area and corresponding Sabik reference in
Form No.06 (T) to the Tahasildar.

QUALITY CHECKING :

• The QC checks will be done by ORSAC QC team in following stages or as when required:
• After generation of ortho-image.
• After geo-referencing of 'Sabik' cadastral maps with the image: Georeferencing of individual parcels and the
village as a whole for delineation/demarcation of village boundary.
• After plot vector generation and prior to ground truthing/verification:

• The geometry of parcels, the village boundary, matched andmismatched plots as seen on the image.
• Before submission of Draft Map to Tahasil for verification: The village incompleteness, correctness of
matched and mismatched parcels asidentified by the vendor.
• Before final submission: Village map as a whole and the statistics after

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 • RoR linkage and 'Khanapuri Operation'.
• Some of the bund dimensions will be verified by ORSAC for ensuring correctness and quality of survey by
the vendor.

Pre-Survey activities

It includes

• Notification of villages to be covered under Hi-tech surveyoperation byRevenue & DM Department

• Planning and execution of awareness meetings at village level associatingthe vendor
• Proclamation in Form No.1 by Tahasildar under Section-3 (2) of OSS&S Act,2012
• Soliciting self-declaration in Form-2 from the land owners Rule 6 (1) ofOSS&S Rules, 2012 within
30 working days from the date of notification
• Verification of self-declaration by Tahasildar/ Additional Tahasildar.
• After verification Tahasildar prepare a verification certificate register inForm-3.
• If self declaration could not be verified due to non availability of record ordue to dispute, It is to be
entered in separate register in Form No- 4

Verification of Map so prepared by Vendor under Rule 7(3)

• Vendor to Submission of map so prepared to Tahasildar for verification indicating plot numbers of existing
map/RoR and a comparative statement of image derived parcel area with RoR area in Form 6-T.
• The Amin shall verify cent percent plots of the map and Revenue Inspector, Revenue Supervisor, Tahasildar
and Sub Collector shall randomly check 25%,10% 2% 1%.(Rule 7(3))
• The map after necessary correction shall be displayed in Locality and GP office and Tahasil Office.

Q – 51. Write a notes on Record of Rights (RoR). What is Recess?

Ans :- Preparation of preliminary RoR

• Team of persons shall be Constituted by Sub-Collector for preparation of Preliminary RoR headed by a Revenue
Supervisor.

Steps for preparation of prelim ROR

• Preparation of abstract of RoR and plot register in Form-5 & 6

• Re-verification of self-declarations with reference to above abstract and plot register and available records
• Physical verification of all plots and noting of all changes in respect of configuration, area, boundaries and
ownerships.
• Vendor personnel shall assist the team of persons in demarcation of plots during the process Team of persons
must ensure incorporation of all plots in existing RoR and those obtained from self declarations in the draft map
so prepared
• Sub-divided plots need to be marked in broken lines Digital updation of village map upto a cut-off date i.e. till
publication of draft RoR by Tahasildar
• Preparation of land owner wise preliminary RoR in Form-7
• Generation of LPM of hal plots and serving of same to land owners and officersof other Departments in Form-
4(T) with display for public scrutiny for 15 days
• Soliciting claims and objections within 15 days in Form-8 Disposal of all claims and objections by Tahasildar in
a summary manner within a maximum period of 30 working days of receipt of the same ( Rule-10)
• The vendor surveyor shall assist the Tahasildar for disposal of objection cases which may require parcel
measurement

Draft Record of Rights

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 • Draft RoR shall be prepared in Form-12 stating the orders passed in respect of claims and objections and
shall be published for a period of 30 days (Rule-12)
• Public notice shall be issued in Form-13 inviting claims and objections within a period of 30 days
• Disposal of claims and objections in a summary manner shall be done by Addl. Sub-Collector on the basis
of available records, documentary evidence and spot verification if needed within 60 days of filing of such
claims/objections.

Final Record of Rights

• Final RoR will be published in Form-20 under seal and signature of Collector and shall be placed for public
inspection for 30 days
• Both soft & hard copies shall be prepared by the vendor for distribution among land owner,RI, Tahasildar,
Collector and DLR&S
• Any person can file claim/objection against the entries of final RoR within 90 days of publication of final
RoR before the ADM
• Disposal of claims and objections in a summary manner by ADM on the basis of available records,
documentary evidence and spot verification if needed within 90 days of filing of such claims/objections.

After final publication of RoR and map, the soft copy and hard copy of RoR (Form 20, of O.S.S & S. Rules, 2012)
shall be prepared by the Survey Team and handed over to the Tahasildar for distribution as mentioned below :

1. Softcopy and hardcopy of both RoR and map to concerned Tahsildar.

2. Softcopy and hardcopy of both RoR and map to concernedCollector.
3. Softcopy and hardcopy of RoR and hardcopy of map to concerned RI
4. Hard copy of RoR for Individual Land Owners.

Recess

• Addition and alterations in the draft RoR per the orders passed by Addl. Sub-Collector
• Addition and alterations in the draft RoR per the orders passed by Addl. Sub-Collector
• Checking and verification of area of each plot and area and boundaries of eachrevenue village to ensure its
correctness both in RoR and in maps.
• Passing of new area by Tahasildar
• Preparation of abstract of new RoR in Form-18 and new plot Register in Form-19
• Preparation of copies of RoR in quadruplicates for final Publicatio

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