LW 5015: LAND LAWS

(Semester09/Paper-01)
Credits: Total Class Hours: (including tutorials & proctors)
Course Description

The paper deals with the concepts of rights over the land of the farming class of persons,
historically and how agrarian reform rights changes the position of their land rights in
various dimensions. Abolition of Zamindari, the introduction of ceiling principles,
conferment of sovereign right status over the land, consolidation of land for the facilitation of
farming and survey and settlement of the lands for better maintenance of land records are key
areas agrarian reforms which this paper deals with.

Learning Objectives

1. To make students aware of various concepts of land rights under different

agrarian and revenue laws.
2. An understanding of the institution of agrarian laws of property and its
recent trends.

Teaching Learning Methodology

The teaching methodology that shall be adopted in this paper is primarily case-study
methods. However, wherever required the teaching shall also use lecture method and
Socratic methods for imparting the concepts.

After introducing a topic by the teacher the students shall also be encouraged to analyze and
research laws, cases, journal articles, new reports on the issues relating to Land Laws. This
shall be followed by discussions.
MODULE-I: Introduction to the Land Laws
Introduction: Land Law, also known as Revenue Laws, in the legal discipline is one of the
challenging areas of study. Firstly, in the federal form of the governance of India, the land is
a subject matter of the state government. Secondly, it is rooted in the land of a particular state
and developed mostly historical development, out of custom and convention and usage,
which in the case of India is highly diversified. Moreover, in a particular state in India too,
there are language variations in different areas and district. This module deals with
introductory concepts which are foundation for the study of Land Laws
1.1 Introduction to the Concept of Land Laws
1.2 Concept of Eminent Domain and Constitutional Amendment of Fundamental Right to
Property
1.3. Land Tenure and Land Reforms in Odisha
1.4. Institution and Special Expressions of Land Law.
Course Takeaways: : This module shall impart to the students the basis foundation of the
land laws historical and constitutional, and the institution involved for the enforcement of
the land laws. Since this module shall deal with expressions of land laws, this module is the
gateway for the land law.
No. of Hours: 10

MODULE-II: Orissa Estate Abolition Act, 1951

Introduction: The first legislation in the State of Odisha after independence was the OEA Act,
1951. 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. This is also known as Zamindari
Abolition Laws
2.1 Principles of Tenancy in Odisha
2.2 Aims, objective and Constitutional validity of the Act.
2.3 Definitions of Agricultural year, collector, Intermediary, Estate, Khas Possession, Raiyat,
2.4 Concept of Consequences of vesting of an estate
2.5 Concept of Certain land in khas possession, and Occupancy Rights
2.6 Service Tenure,Be-Bandobast Proceedings
2.7 Issuance of Tenancy Certificates

Course Takeaways: This module shall deal with first and foremost important legislation and
the concept thereof which paved the way for the reform of the land tenure systems inOdisha.
Similar legislation is also found in other states as well. Concept learning of this module is
necessary to understand the subsequent module. Learning of this legislation is necessary to
appreciate the nuances of land rights in the civil proceedings involving immovable property.
No. of Hours: 13

MODULE-III: Odisha Land Reforms Act 1960

Introduction: This is the next important and kernel legislation in the state of Odisha. 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. This is first progressive legislation
after the independence in the state of Odisha.
3.1 Aims, scopes and objectives of the Act.
3.2 Definitions- Raiyat, Tenant, Ceiling Area, Land, Classes of Land, Rent, Fair Rent, Land-
holder, Landlord, Homestead, Irrigated Land, Person under Disability,
Privileged Raiyat, Personal Cultivation, Standard Acre, Overriding Effect of the Act.
3.3 Rights of Raiyat and Prohibition of letting, Eviction of Raiyat
3.4. Rights of Tenant, Resumption of the Land for personal cultivation.
3.5. The Process of Conversion of Agricultural Land.
3.6 Partition among the Co-Sharers
3.7 Restriction on alienation of land by S.Cs and S.Ts and effect of the violation
3.8 Ceiling area, determination of ceiling area, the process of settlement of ceiling surplus
land.

Course Takeaways: This module shall deal with the carnal legislation of the Revenue law.
In order to understand the status of the land and the land rights of various persons the
learning of this legislation is important. In fact, learning of this legislation is foundation of
the civil proceedings involving immovable property. The practical application of Transfer of
Property Act or Specific Relief Act is incomplete in the state of Odisha without learning this
legislation.
No. of Hours: 15

MODULE-IV: Odisha consolidation of Holdings and Prevention of fragmentation of

Land Act,1972
Introduction: This legislation tries to consolidate the lands 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.
This is popularly known as Chakabandhi Law.
4.1 Consolidation of holding: Object and reasons, the meaning of consolidation, agriculture
land, chaka, consolidation area, fragment
4.2 Preparation of Map and Land Register
4.3 Preparation of consolidation scheme
4.4 Enforcement of scheme
4.5 Prevention and fragmentation,
4.6 Disposal of Proceeding of Transfer of Land Creating Fragmentation
4.7 Revision, Closure of consolidation operations, Bar of the jurisdiction of civil court

Course Takeaways: This module shall impart to the students next progressive arrangement
of the land taken place in Odisha after the last discussed legislation. Since this legislation is
applied by an altogether different and parallel wing of the revenue bodies, it also involves
creation and removal of land rights affecting other proceedings of immovable property like
before a principal civil court. Civil practice is involves learning of this important piece of
legislation as well
No. of Hours: 12

MODULE-V: The Odisha Special Survey and Settlement Act, 2012

Introduction: Survey and Settlement is a continuous process. Digitalization of land records
is a sine qua non. The success of the land laws depends upon better and accurate maintenance
of digital land records. The Orissa Special Survey and Settlement Act, 2012 is one such hi-
tech legislation.
5.1 Objective and Definitions; Agency, Land Owner, Licensed Surveyor, Modern
Technology, Recess, Record of Right, Revisional Survey and Settlement
5.2 Special Survey and Settlement
5.3 License Surveyor: Grant of License, Duty of the Surveyor, Dereliction duty and
5.4 Cancellation of the License.
5.5 Updating the Land Records
Course Takeaways: This module shall impart to the students the importance of the land
records, its creation and maintenance. Rights over the immovable property are always in
documentary form. In fact the success of land and revenue legislation depends upon the
accurate land records. The students here shall learn the new technology driven process of
land record creation and maintenance.
No. of Hours: 10

MODULE-VI: Land Acquisition Rehabilitation & Resettlement Act, 2013

Introduction: The history of land acquisition laws can be traced to the Land Acquisition Act
of 1894, a colonial artefact which was ultimately replaced by the this Act of 2013, more than
a century after its institution. The act promises landowners transparency, close participation
in the process and sharing of pertinent information. It seeks to minimise the collateral
damage that is usually caused on the farmer’s side. The government intends to reimburse the
affected individuals in a just and fair manner. Satisfactory rehabilitation and resettlement
measures is thought here keeping in mind the landowners’ difficulties.
6.1 New concept under the Act: Land Bank, Option of the Govt. for lease, Rehabilitation and
Resettlement Provisions, Mandatory Social Impact Assessment Study, Share of
Appreciation with Original Land Owners, Option to the affected Family.
6.2 Definition: Affected Family, Agricultural Land, Appropriate Govt, Cost of Acquisition,
Displaced Family, Company, Holding of Land, Land, Landless, Land owner, Local
Authority, Marginal Farmer, Persons Interested, Project, Public Purpose, Requiring body,
Small Farmer.
6.3 Classification of the Acquisition & applicability of the Act for acquisition by appropriate
Govt. Various Purpose, for Public Purpose, for PPP projects, for Private Company for Public
Purpose, request by the Private Company to appropriate Govt for partial acquisition,
Purchase by the Private Company for Private Acquisition.
6.4 Mandatory Consultation, Process of Consultation & Social Impact Assessment
6.5Social Impact Management Plan, Publication: Appraisal by Expert Group, Publication of
recommendations and decision of the Govt.
6.6 Preliminary Notification(11), Objection of it, Preparation of Rehabilitation and
Resettlement Scheme by Administrator (16) , Review by the Collector(17-1), Submission to
the Draft Commissioner(17-2), Public Approval of the Scheme (18), Publication of the Draft
(19) , Marking out of the Land (20), Notice to Interested Parties (21) , Enquiry And Award
by Collector, Urgency Clause
6.7 Compensation Provisions: First Scheduled, Determination of Market Value of land by
Collector and the Parameters thereof, Award of Solatium.
6.8 Rehabilitation and Resettlement Awards

Course Takeaways: This module shall impart to the students a central legislation. The
development of the landmark constitutional cases laws started from the land accqussion
process by the government. This legislation is often used when a new industry is set up and
learning this legislation shall give the students an edge as a legal advisor in an industry or
PSU.
No. of Hours: 12

CASE REFERENCES
1. State Of Orissa & Ors vs K. Srinivasa Rao (Dead) Through ... on 18 April, 2001
2. State of Orissa vs. Brundaban Sharma , 1995 (Supp.3) SCC 249
 3. State of Orissa vs. Brundaban Sharma , 1995 (Supp.3) SCC 249
4. Bhikari_Nayak_vs_Brajabandhu_Nayak_And_Ors._on_21_September,_1990'
5. Revenue Officer & Ors Vs. Prafulla Kumar Pati & Ors [1990] INSC 12 (17
January 1990)
6. Gulzar_Khan_vs_Commissioner_Of_Consolidation_..._on_7_May,_1993'
7.Manmohan_Rout_(And_After_Him)_..._vs_State_Of_Orissa_And_Ors._on_11_M
ay,_1992'
8.Biswambhar Singh And Anr. vs The State Of Orissa And Anr. on 25 April, 1957
9.Brundaban Ramanuja Das v. Hajuri Prafulla Chandra Khuntia
10.Sri Anadi Charan Sahoo (since dead) and others ......... vs. State of Odisha and
Others
11. Manmohan Rout (And After Him) ... vs State Of Orissa And Ors. on 11 May,
1992
12.Kumar Bimal Chandra Sinha Vs. State of Orissa [1962] INSC 177 (30 April 1962)
13.Pabani Barik vs Collector And Ors. on 12 July, 2000
14.Municipal Council vs Bhabagrahi Singh And Anr. on 13 May, 1987
15.Gangadhar Dhal And Ors. vs Batakrushna Dhal And Ors. on 26 July, 1994
16.Hansraj Kooverji Rathor vs State Of Orissa on 15 May, 1980
17.Arda Murari And Anr. vs State Of Orissa And Ors. on 2 November, 1978
18.K.C. Singh Deo vs Niladri Sahu(Dead) By L.Rs. & Ors on 12 May, 1999
BOOKS
1. Revenue Manuals by Kalinga Law House
2. Orissa Land Reform Act, 1960 by Ranjan Kumar Samal, Kalinga Law House
3. Taxman’s New Law Relating to Land Acquisition Rehabilitation & Resettlement

ARTICLES
1. Concept and Expressions of Revenue Laws in Odisha, Sidhartha Sekhar Dash
2. An Introduction to the Legislation on Hi-Tech Survey and Settlement of Lands in
Odisha, Sidhartha Sekahr Dash
3. Land Reform in India: Issues and Challenges-Manpreet Sethi

ADVANCED READING: (TEXTS BOOKS, ARTICLES AND COMMENTARIES)

1. Land rights and ownership in Orissa, Status Report, UNDP
2. Land Reforms in India: Unfinished Task
3. B.H. Eodenpowell Land Tenure in India Vol.-3 Publisher: Clarendon Press,
Oxford, ISBN-10 : 1331559200
3. Bikram Sarkar: Land Reforms in India, Theory and Practice Publisher : South
Asia Books (1 December 1989) ISBN-10 : 8170242606
4. Pramod Kumar Agarwal-Land Reforms in India: Constitutional and legal
Approach, New Delhi: M.D. Publications, 1993, ISBN 8185880093
.

SKILL COMPONENTS
MODULES SKILL COMPONENTS
Module I: Special Expressions of Land Law.

Module II: Service Tenure

Be-Bandobast Proceedings
Issuance of Tenancy Certificates
Module III: The Process of Conversion of Agricultural
Land.
Partition among the Co-Sharers
Ceiling area, determination of ceiling area, the
process of settlement of ceiling surplus land.
Module IV: Disposal of Proceeding of Transfer of Land
Creating Fragmentation
Module V: Special Survey and Settlement
Updating the Land Records
Module VI: Mandatory Consultation, Process of
Consultation & Social Impact Assessment
Preparation of Rehabilitation and
Resettlement Scheme by Administrator

RESOURCE PERSONS IDENTIFIED FOR SKILL COMPONENTS

National
Sl. Nos. Name: Affiliation Contact Details

1 Dr Biswajeet Ret. IAS Officer, Govt 8917472644

Mishra, of Odisha, biswajitmishra999@gmail.com

2 Adv Bhaskar High Court of Orissa 7008180248

Panda bhaskarchandrapanda@yahoo.com
3 Manoj Panda Land Acquision Specialist 9926905325
International
Sl. Nos. Name: Affiliation Contact Details

1
2
3