LAND LAWS

COURSE OUTLINE

Academic Session 2022-23

Summer Semester

UNDER GRADUATE – Xth SEMESTER

FACULTY

Dr. Utkarsh Verma

National University of Study and Research in Law, Ranchi

At: Nagri, P.O.: Bukru. Kanke- Pithoria Road, Kanke

Ranchi – 834006, Jharkhand

 COURSE CURRICULUM
Programme Session Semester Subject Paper Subject
Code
B.A. – LL.B. Summer X Land Compulsory
(Hons.) Laws Paper

Course Description
The idea of property has intrigued people of all times. A great part of the domain of property
falls under the domain of immovable property. Land remains to formulate a significant
portion of this category. The idea of property rights related to land has seen a lot of changes
in the Indian experience. Some proper accounts about land rights could be traced back to the
ancient and moreover, the area witnessed changes with the advent of the British.
Furthermore, when we were to achieve our independence and were also to write our
constitution, the dilemma was there with respect to property rights, especially with respect to
the objectives of a newly born nation. A nation which was left poor, and needy by the
Britishers. The times required societal revolution and the difficulties of the right to property
were a hindrance to it, especially for the matters of acquisition. Even after careful drafting,
and adoption of the constitution of India, the conflict between societal reform and property
rights was far from over. Debates have been and will also go on as to for whom it should be
utilized, individual or a society as a whole. However, the land acquisition laws, which were
there before independence, were followed by various relevant developments with an
emphasis upon justice for persons whose property was expropriated. Additionally, the surge
in the real estate market led to associated problems as well. Specifically related to regulation
and development related to interests of the property buyers. Moreover the issue of benami
transactions have also been an important and relevant matter of concern.

Learning Objectives:

1. To equip the students with the evolution of the idea of property , especially in light of the
idea of land.

2. To acquit the students with the existing legal systems in the ancient and medieval times.
Furthermore, the effort would be to look into the British experience in this regard and the
struggles between the proprietary interests and societal interests from the era of constitutional
adoption and afterwards. The focus would be on the land acquisition laws, their purposes,
shortcomings and subsequent developments apart from the legal transactions related to the
transfer of it by the act of parties. The endeavour will be to make them aware of the different
dimensions related to the transfer of property.

3. Additionally, effort should be made to make the students aware of the issues of the real
estate market and the legal solutions of the same

4. . Finally, the effort would be to make students cognizant of certain important provisions of
the Chota Nagpur Tenancy Act, 1908 and the Benami Transactions (Prohibition) Amendment
Act, 2016.

CREDIT HOURS

As per the credit hours allotted to the subject, there will be 5 theory classes per week.
Teaching Methodology may include Lecture-cum-case discussion, Assignment/Project and
Presentation/Debate.

THE EVALUATION SYSTEM

 Mid term 20%

 Research paper 30 %
 End-Term Examination 50%
 Course Curriculum

Module 1. : Concept of property (Total hours-8)

o Concept of property and its structural analysis
o Origin of idea of property
o Justifications of private property (Labour, Occupancy)
o The socialistic critiques of private property
o Movement towards a socialistic conception of property

Module 2: Earlier Land systems in India (Total hours-6)

o Land system in ancient India
o Land system in medieval India

Module 3 : Struggles for Property before and after independence (Total hours-10)

o Land system under British

o Struggles with Due process while constitutional framing
o Subsequent developments

Module 4: Land Acquisition laws (Total hours-24)

o The Land Acquisition Act, 1894: Reason for enactment and objective
o Procedures related to the Land Acquisition Act, 1894
o Lacunae of the Land Acquisition Act, 1894 and need for a new law
o The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
o Comparison with the Land Acquisition Act, 1894
o Salient features of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
o Procedures related to the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013
o Lacunae related to the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
 o The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Amendment) ordinance, 2014
o The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Amendment) bill, 2015

Module 5: Law related to real estate (Total hours-12)

o Real Estate (Regulation and Development) Act, 2016

o Reason for enactment and objectives
o Salient features and shortcomings

Module 6: Other relevant laws (Total hours-12)

o The Chota Nagpur Tenancy Act, 1908

o Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949
o The Benami Transactions (Prohibition) Amendment Act, 2016

Case-Laws

1. Saghir Ahmad v. State of U.P. (1954 AIR 728)

2. State of West Bengal v. Subodh Gopal (AIR 1954 SC 92)
3. Vajravelu v. Special Deputy Collector (AIR 1965 SC 1017)
4. Charanjit Lal v. Union of India (AIR 1951 SC 41,60)
5. State of Bombay v. Bhanji munji (AIR 1955 SC41)
6. State of West Bengal v. Mrs. Bela Banerjee (AIR 1954 SC170)
7. Dwarkadas v. Sholapur Spinning and Weaving Co. (AIR 1954 SC 119)
8. Vajravelu v. The State of Madras (AIR 1965 SC 1017,1021)
9. Sankari Prasad Singh Deo v. Union of India (AIR 1951 SC 458)
10. Karimbill Kunhikoman v. State of Kerala (AIR 1962 SC 723)
11. Sajjan Singh v. State of Rajasthan (AIR 1965 SC 845, 855)
12. Golak nath v. State of Punjab (AIR 1967 SC 1643)
13. R.C.Cooper v. Union of India (AIR 1970 SC 564)
14. Keshavanand Bharati v. State of Kerala (AIR SC 1461)
15. Kameshwar Singh v. State of Bihar (AIR 1952 SC 252)
16. Surat Municipal Corporation v. Bhikabahai Morarbhai Patel (1994) 2 GUJ LR 947
17. Mohan Singh v. International Airport Authority of India (1997) 9SCC 132
18. Uday Ram Sharma v. Union of India (AIR 1968 SC1138)
 Suggested Readings
1. Nutley,W.G and Beatmont C.H, “Land Compensation Act”, Butterworth, London,1974)
2. Beverly H. The Land Acquisition Act,1894 Vol.1 (Delhi Law House, Delhi, 9th edn.,2012)
3. Row Sanjiva, Law of Acquisiton of Land (Kessinger Publishing, 8th edn. 2011)
4. Thomson’s Modern Land Law (Oxford University Press, 6th edn. 2017)

IMPORTANT NOTE:-

 The topics given above are not exhaustive. The teacher teaching the course
shall be at liberty to add/subtract topics.
 The students are required to study the legislation as amended up-to-date and
consult the latest editions of books.