OLawaparmmvlrxBc lawxpertsmv.com lawx rtsrnv mail.

com

INTRODVCTIOX: Madhya Prcdeh LandRevexw Code, 1959 -

Assented by President on 15th September, 1959
Published in MP Gazette on 21st September 1959.
Come Into force on 2nd Ouober, 1959.
TVPEOFTHE LAW : MPLRC is a
1. Consolidated law
Amendlng!aw
PURPOSflOF TH£ LAW: On S Aspectsin Madhya Pradesh
land revenue,
2. the powers of Revenue 0£cers,
3. rights and liabilitiesofholders ofland from the State Government
4. agricultural tenuresand
5. other matters relatingtolandand the liabilities incideitd thereto.
APPLICATION: MPLRC lsappllcabletowholeof MP.
However it is notappllcationinrelatlonto
asse smentofland evenuewith referencetotheuse ofland realisation oflan revenue
and all provlslonsanclllary thereto shall apply tosuch areasas may, kom tlmeto tlme,
reserved or rotectedforest under the lndlan ForestA 1927 VI of1927
However even in these cases MPLRC1s applicable fortheuseof land in such areas for one or more
of the purposes as mendoned In Section 59.

Assented by Governor on 7* February, 2020

Publlshed In MP Gazette on 12 February 2020.
1. Section 2(u) : Revenue oificer includestheone under Section 11.
2. Safeguard has been guarded under Section 13(3). Stan governmentcannot alter,createor
abolish - divisions, districts, sub-divisions andtahsilswithout
lnvitingoeb qns

Section 19(2) and(3) nowauthorlzethecollector to take charge astahsil and can delegate hls
powersanddutiestoadditional Tahsildars and NaibTahsildars
fDLawxpertsmv India Iawxpertsmv.com smac

4. Section 22 now authorize the collector to place any Assistant Collector or Joint Collector or
Deputy Collector asSub-Divisional officer(SDO) to perform the such powers and duties.
5. Period of limitation for filing 1•t or 2 Appeal is 45 days from date of the appealed order.
Earlier, 30days/4S days/60 days tier was there depending upon the authority towhom
appeal lles.
6. On failuretogive imitation of diversion, SDO can compute the premium and re-asses the land
revenue and can Impose a penalty of 50% of the total amount payable. (Sect/on f9)
7. How the Formation of survey numbers, block numbers plot numbers and their grouping into
villages in non-urban areas or into sectors in urban areas is prescribed under Section 67.
8. Not just pat:work, but Nagor Sarvekshak or person authorised under section 109 shall enter the
rlghts acqulred under section 109.[Section 110]
9. Process for abandonmentofholding, which was repealed, 1s restored under Section 176.
10. Requirement ofissue of notification by the State Government under Section 183(6) for service
lands situated in an urban area, etc is now done away because the expansion ofsuch areas is
a continuous process

FEATURE 1 : Chapter 7 Land Survey has replaced Chapter 7 and 8 of the Code, which deal with
revenue surveyand settlement in rural areasand hxation and reassessmentofland in urban areas.
EF£ECT: Revenue surveyand settlement shall be replaced by continuous land survey tobe
conducted by the District Collector under the directadministrative control ofthe
Commissioner Land Records.

FEATURE 2 : For improving the quality ofland management, now r r I s ill h II es and
rbon are swill have sectors
FEATURE 3: To avoid dismissal of cases on the frivolous ground of not havlng deposited process
fee - section 3S is now amended.

FEATURE 4: Procedure of appeal, review and revision are revised.

Orders from revenue collGect divisional commlssloner O Board of Revenue.
ofGficers or
FEATURES : Amendments were done in lmportantsectionsofmutation, demarcation and partition.
Time limit: 2 months - undisputed mutation; 6 Months -disputed mutation.
Process of mutation isdeemed to be completed only ifcopies of relevant order and records are
given free of cost to applicants,
For demarcation, Sub-divisional officer can constitute special team or Empaneled private agencies
can do the same.
FEATURE 6 : Land owner can deposit the land revenue for 10 years in one go. [Section 140]
OLawxpcrtsmv India ldWX FtSITIV. COM

FEATURE 7: Occupancy tenants under Chapter 14 has been removed as the same is now dealt by
Madhya Pradesh 8humiswami Evam Bataidar ke Hiton ka Sanrakshan Ad hiniyam, 20t6(No.t3 of
2018)
FEATURE 8: Prlor permission for diversifying the land is not required, owner can doso by
complying with other laws without need for written permimion. [Section 172]
FEATURE 9: Collector can reserve the unoccupiedgovernment land for specific purpose i.e.,
indudinguseful communityusage.
FEATURE 10: Easement right ofwayand prlvate easement rightsaregiven major boost.
FEATURE 11:Urban and rural areas records will be prepared separateiyand rights ofall
Bhumlswamies, governmentlessee and people residing on abadt land shall be recorded.
hEATUR512 : EOcactous provisions for recovery of due land revenue.

Section 2(a) "aba ar eservedkomtlme tottine i›rtheresiden

tbeinh&JmnQthereafa&r osesanclfla thereto aad ao otbe latevazlattoo ofth›s

SCOPE. Abadi means in the village,

Area Reserved for the residence oflnhabitants or
Area Reserved for purpose ancillaiytoresidence ofinhabitants
3. Yillagesite
4. Goansthan
EF5ECTOh 2018 AMSNDMEXT: Omission ofwords"non-urban area"in the this definition is
indicativethatthisprovisionisapplicable onbothareasi.e. oo urbanareaand non-urbanareaofa
village.

Madhya Pradesh 8igh Court in the matter olGram Ponchoyot Gorokhp•r v. KhuMali Dlndavol
Sahu AIR 197S Madhya Prado 19 held that‘abadi‘ land belongs tothe State Government and it
cannot be construed as an asset belonging to the Gram Panchayat. It clarihed that Gram
Panchayat
do not have the power to dispose theabadl sites at their discretion as the section 244 clearly
mentions that stategovemznent should frame rules in this regard.›

abadi sites-subiectto rules made in this beho at or where

t has not beenconstituted. the Tohsildor shall die se o sltesln the a&dioreo.
OLawxpcrtsmv India ldWX§I'0FtSITIV. COITI Iawxpertsmv@gmaiI.com

• Likewise, in the matter offthobo v. Coffee:ter, Chhindwaro‘*, the Divislon Bench of Madhya
Pradesh has held that the State Governmentis competenttomakerules to regulate the
power exercisable under Section 244 ofthe Code
• Land in the urban-area, not the village, cannot be part of“abadi"*
• 'Abadi land’is held in Bhumiswami rights*and cannot betreated to be Agriculturalland.
• An illegal order of a revenue aut6oritycannotchangethe natureofland,s
ABADI Y. NAZUL:The persons lawfully holding housesltes lnan'abadi’ue declared
Bhoomiswamisthereofand as such in villages which have been declared urban, the persons
who lawfully held house sites prior to the date of such a declaration will continue to hold their
plots in the Bhoomiswamirights,although.aftcrthenotiflcationof the village as urban. the
vacant sitm. which were frown as'abadl' sltns so far. wtll be known as 'nazul’.*
(b)"agriculture‘iheludes
"(1) the raising of annual or periodi:cal crops'including betel leaves (Pan)and waternuts (Singhiira)
and garden produce,
(ll),hortlctilture;
Qñ) the plantlngand uple:ep of orchards: and
(lv) tltereservtng of land for fodder. graztngortbatchtnggrass;
(v)the'ase ofland for poultry, Ssheriesorantmal hurbandry in an area situated moré than fivé
Idlometersaway6om tbeperipheryofurbanareas.

SCOPEOF DZP1NITtOX:
• This definition is indiisive and not limited toone mentioned in the clauses alone.°There
should be agar, and cultural, cultivation.
• Merecuttlng/thrashlngdoes notamounttoagrlculturc®
• Person should have taken steps to raise the crop, even though crop did not grow. *
• A person could be Shlkml only on agricultural land and not on the abadl land.**

* 1963IU SN 42 {D8)
* Romkumor Doniv. Boord o/ftevenue, 1064IU SR S9; 1964 ftN5N 46
* 1999 RN 404(HC).
° Sarvan Kumar & anotherv. State ofM.P.,2007(1)MPU 60.
^ Sind Mahajan ExchangeLtd.v.State ofM.P., 1sso‹ussz.
(SuJnarain v.Shyam, 19S6NLJ SU
®
RaoSankar PratapSingh v.State,AIR 1960 MP86.
* (Sridharv.State,19S6NU302].
Sarvan Kumar & anotherv.StateofM.P., 2007(1)MPM 60.