Land Laws Study Material 1

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LAND LAWS Study Material-1
Semester 4 LandLaw Agmt 2 SUCL (Osmania University)
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Land Laws – 4th Semester
LLB 4 th SEMESTER
LAND LAWS
Harinath J, Radhakrishna ANV and Aravinda Reddy 1

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LAND LAWS STUDY MATERIAL
SL IMPORTANT SHORT QUESTIONS RE

NO P
1 DOCTRINE OF ESCHEAT 4
2 DEFINE THE TERMS LAND AND OWNERSHIP AND TYPES OF OWNERSHIP (LIMITED AND 4
ABSOLUTE)
3 ZAMINDARIS (ZAMINDARI SETTLEMENT) 3
4 RYOTWARY SETTLEMENT (SYSTEM) 4
5 IX SCHEDULE OF THE CONSTITUTION 4
6 DEFINE URBAN LAND AND WHAT IS URBAN LAND CEILING 4
7 LAND GRABBING ACT 3
8 PUBLIC PURPOSE 4
IMPORTANT LONG QUESTIONS
9 LAND REFORMS 4
10 EXPLAIN DOCTRINE OF EMINENT DOMAIN AND BONA VACANTIA 3
11 PROCEDURE FOR ACQUIRING LAND UNDER THE LAND ACQUISITION ACT, 2013 6
12 SALIENT FEATURES OF THE LAND REFORMS (CEILING ON AGRICULTURAL LAND 4
HOLDINGS) ACT, 1973
13 VARIOUS PROVISIONS OF THE A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFER) 3
ACT, 1977
14 EXPLAIN THE EFFECTIVENESS OF A.P. LAND GRABBING (PROHIBITION) ACT, 1982 3
15 CULTIVATOR OF LAND AND HIS RIGHTS AND WHEN CAN TERMINATION OF TENANCY 3
BE AFFECTED
16 PARAMETERS FOR DETERMINATION OF PAYMENT OF COMPENSATION FOR THE LAND 3
ACQUISITION
IMPORTANT CASES
17 CONSTITUTIONALITY OF THE LAND REFORMS LEGISLATION 3

18 PROCEDURE FOR ACQUIRING LAND UNDER THE LAND ACQUISITION ACT, 2013 (FOR 4
PUBLIC PURPOSE)
19 ACQUIRING PRIVATE LAND FOR A FACTORY OF A MNC/SEZ 3
20 MORTGAGE OF ASSIGNED LAND/SELLING OF ASSIGNED LAND 4
21 LAND GRABBING ACT 4
22 A TRIBAL SOLD HIS LAND TO A NON-TRIBAL 4

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PAPER-IV: LAND LAWS SYLLABUS
Unit-I: Classification of lands — Ownership of Land — Absolute and limited ownership (tenancy,
lease etc.) — Doctrine of Eminent Domain — Doctrine of Escheat - Doctrine of Bona Vacantia —
Maintenance of land records and issue of Pattas and Title Deeds etc.
Unit-II: Law Reforms before and after independence — Zamindari Settlement — Ryotwari
Settlement — Mahalwari System — Intermediaries — Constitutional Provisions — Abolition of
Zamindaries, Jagirs and Inams -Tenancy Laws — Conferment of ownership on tenants/ryots.
Unit-III: Laws relating to acquisition of property — The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013- salient Features-
Procedure for Land Acquisition: Issue of notification, Social impact assessment -Consent of
landowners- Award enquiry, Payment of compensation & Reference to civil courts etc.
Unit-IV: Laws relating to Ceiling on Land Holdings — A.P. Land Reforms (Ceiling on Agricultural
Holdings) Act, 1973 — Effect of inclusion in the IX Schedule of the Constitution — Interpretation
of Directive Principles of State Policy.
Unit-V: Laws relating to alienation — Scheduled Areas Land Transfer Regulation — Assigned
Lands (Prohibition of Transfers) Act, - Resumption of Lands to the Transferor/Government - Land
Grabbing (Prohibition) Act – ROR proceedings and Sada Bainama – Mutation of titles-Role of
Revenue Courts.
Suggested Readings: 1. P. Rama Reddi and P. Srinivasa Reddy: Land Reform Laws in A.P., Asia
Law House, Hyderabad. 2. P.S. Narayana: Manual of Revenue Laws in A.P., Gogia Law Agency,
Hyderabad. 3. Land Grabbing Laws in A.P., Asia Law House, Hyderabad. 4. G.B. Reddy: Land Laws
in A.P., Gogia Law Agency, Hyderabad 5. N.Maheshwara Swamy Lectures on Land Laws, Asia Law
House, Hyderabad.

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SHORT ANSWERS
1. DOCTRINE OF ESCHEAT.
Answer: As per Byrne Dictionary, it is provided that “where person possessed of personal property,
intestate and leaving no next-of-kin, the Crown becomes entitled to all such property.
Black’s Law Dictionary defines escheat as “the preferable right of the state to an estate left vacant, and
without there being any one in existence able to make a claim thereto.” Although dense, the definition,
once parsed, describes a relatively simple concept: under the laws of nearly every state, a business that is
holding property on behalf of a third-party (called the “owner”) is obligated to report and turn over the
unclaimed property to the state, after passage of a prescribed “dormancy” period.
Escheat in Hindu Law
The law of escheat of lands for want of heirs was witnessed in old Hindu society. It was called then as
‘Gayari’.
In Biswanath Khan and others vs. Prafulla Kumar Khan, Justice A.M. Bhattacharjee observed that:
“not that such a doctrine (escheat) was unknown in India for our ancient law-giver Manu, for example,
declared more than 2000 years ago thus in Manusawhita (Chapter IX, Verse 189) Aharajyam
Brahmanadravyam Rajna Nityamiti Sthiti, Itareshantu Varnanam Sarbabhave Harenripa. This, while
negativing the king’s right to Brahminical property even of failure of all heirs, affirmed the king's title to all
the properties belonging to person of other classes dying leaving without any heir”.
Section 2(iv) of the Telangana Escheats and Bona Vacantia Act, 1974, defines the term “escheat” to mean
any property the owner of which dies intestate and without leaving legal heirs. That means, for
constituting escheat two conditions must prevail, namely,
A. The property owner must die intestate and
B. He must not have any legal heirs.
In such cases, the State becomes the owner of such property.
Article 296, Property accruing by escheat or lapse or as bona vacantia: Subject as hereinafter provided
any property in the territory of India which, would have accrued to His Majesty or, as the case may be, to
the Ruler of an Indian State by escheat or lapse, or as bona vacantia for want of a rightful owner, shall, if it
is property situate in a State, vest in such State, and shall, in any other case, vest in the Union.
Provided that any property which at the date when it would have so accrued to his Majesty or the Ruler
of an Indian State was in the possession or under the control of the Government of India or the
Government of a State shall, according to as the purposes for which it was then used or held were
purposes of the Union or a State, vest in the Union or in that State.
2. DEFINE THE TERMS LAND AND OWNERSHIP AND TYPES OF OWNERSHIP (LIMITED AND ABSOLUTE).
Answer: Land Meaning:
The land is immovable property, real or immovable property consists of:
a. Land,
b. That which is fixed to land,
c. That which is incidental or appurtenant (belonging; pertinent. E.g. "properties appurtenant to the
main building") to land,
d. That what is immovable by law.
In economics, land does not mean soil. According to Marshall, ‘Land’ means ‘the materials and forces
which nature gives freely for man’s aid in land and water, in air and light and heat’. As a factor of
production, land represents the natural resources which are scarce and useful in many ways and yield
income.
Definitions of ‘Land’:
As per Section 3(a) of the Land Acquisition Act, 1894 “The expression ‘Land’ includes benefits to arise
out of land, and things attached to the earth or permanently fastened to anything attached to the earth”.

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According to Section 3 (iv) of the Land Revenue Code, 1879, “The term ‘Land’ includes benefits to arise
out of land, and things attached to the earth, or permanently fastened to anything attached to the earth,
and also shares in, or charges on, the revenue or rent of villages, or other defined portions of territory”.
Collins Dictionary of Law defines land as “Land not only the physical surface of the land but everything
growing on or underneath that surface, anything permanently affixed to the surface (such as a building)
and the airspace above that surface. It includes not only the soil or earth but always any water, a pond, for
example, being regarded as land covered by water. Land may be divisible both horizontally and vertically;
thus, ownership of the surface may be vested in one person while ownership of mines and minerals are
vested in another. It is perfectly possible to have ‘flying freeholds’, where ownership of different storeys
of the same building is vested in different persons. Scotland has a developed law of the tenement which
has been given an even more coherent statutory basis in the twenty-first century”.
Definition of Ownership
Austin defines ownership as “a right availing against the world indefinite in point of the user,
unrestricted in point of disposition and unlimited in point of duration over a determinate thing”.
Holland defines ownership as “a plenary control over the object”. According to him, an owner has
three rights on the object owned:
1. Possession,
2. Enjoyment,
3. Disposition.
According to Salmond, “ownership in most comprehensive signification denotes the relation between a
person and any rights that are vested in him. That which a man owns in this sense is in all cases a right.
Ownership, in this wide sense, extends to all clauses of rights, whether proprietary or personal in rem or
in personam, in re-propria, or in re-alieva (encumbrance); and it applies not only to rights in the strict
sense, but to liberties, powers and immunities”.
Pollock says, “Ownership may be described as the entity of the powers of use and disposal allowed by
law”.
In short, ownership, in sensu stricto (strictly speaking), is a right of an individual or a body corporate or
unincorporated, to possess a thing, to exclusively use it, to alienate or even to dissolve it in a lawful
manner – we may define ownership as a right to the enjoyment of the uses of the subject matter (corpus)
with a right to alienate or deal with the property. Ownership is a proprietary right.
Kinds of Ownership
Ownership refers to the legal right of an individual, group, corporation or government to the possession of
a thing. The subject of ownership is of two types - material and immaterial things. Material ownership is
that which is tangible like property, land, car, book, etc. Immaterial ownership is that which is intangible
like patent, copyright, trademark, etc. Now we will discuss the kinds of ownership.
1. Absolute ownership: Ownership in land can be either an absolute or limited ownership. When in a
person all the rights of ownership i.e.
A. Jus utendi – the right to the use of a thing,
B. Jus porsidendi – the right to possess a thing,
C. Jus abutendi – the right to enjoy a thing,
D. Jus disponendi vel transferendi – the right dispose a thing or to transfer it as by sale, gift, etc.
(right of alienation),
E. Jus sibi habendi – the right to hold a thing for oneself, and
F. Jus alteri nan habendi or jus prohibendi – the right to exclude others from its use.
Absolute ownership is a free transferable and inheritable property a person can have as his actual
right.

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An absolute owner is the one in who have vested all the rights over a thing to the exclusion of all. When
all the rights of ownership, i.e. possession, enjoyment and disposal are vested in a person without any
restriction, the ownership is absolute.
2. Limited ownership: Limited ownership is the ownership that is not absolute or perfect. Where the
owner enjoys the right to use and enjoy the property for a limited period of time as long as some
other person is alive. When there is a limitation on user, or duration or disposal, the ownership is
called limited ownership. For example, limited ownerships in English law is life tenancy when an
estate is held only for life. Under a lease, the cultivator has limited ownership for the lease period
only. The tenants can have limited ownership until the cease of the tenancy.
And, before the enactment of the Hindu Succession Act, 1956, a woman had only limited ownership
over the estate because she held the property only for her life and after her death; the property
passed on to the last heir or last holder of the property. Another example of limited ownership in
English law is life tenancy when an estate is held only for life.
*Absolute and Limited ownerships are important, below-given types are only for reference.
3. Corporeal ownership: Corporeal ownership is of that object which is tangible in nature. Example:
Land, goods, etc.
4. Incorporeal ownership: Incorporeal ownership is that which is intangible in nature. Example:
Copyright, reputation, etc.
5. Sole ownership: When a property is owned by only one legal owner it is called sole ownership.
Example: A person owns a car.
6. Co-ownership: When a property is owned by two or more legal owners it is called co-ownership or
joint ownership. Example: Partnership of business between three partners.
7. Legal ownership: It is the legal claim or title to an asset or property. Therefore, a person who has
legal ownership on a property can transfer it to another party. Example: a lender who has lent
money for a property is the legal owner of that property.
8. Equitable ownership: We do not consider equitable ownership as true ownership because it is only
the benefit of the property that the buyer will use and enjoy. Example: If MR. X is the legal owner of
a property and MR.Y is the equitable owner. Then MR.X is not entitled to the use and enjoyment of
the property whereas, MR.Y doesn’t own the property but has the right to use and enjoy it,
something which MR.X cannot do.
9. Trust and beneficial ownership: Legal and beneficial ownership belongs to an entity who has the
specific property right “use and Title” in equity. But the property belongs to some other person.
Example: If MR. John’s property is transferred to trustees to hold it for the benefit of the
beneficiaries. It is not MR. John’s trust that owns the land or shares but the trustees of MR. John’s
who owns it. So their names would be used as the trust and beneficiaries.
10. Vested ownership: According to law vested ownership has the complete and full ownership on the
property. Example: Two people sharing ownership of a property. If one dies the other gets the gain
of vested ownership of the property.
11. Contingent ownership: In Contingent ownership, the owner does not have the full claim to the
property, but he can claim it on the fulfilment of some conditions. These conditions are of two types
namely condition precedent and condition subsequent. Condition Precedent is where on the
fulfilment of it the title is completed. Condition subsequent is whenever on the fulfilment of it the
title already completed is extinguished.
3. ZAMINDARIS (ZAMINDARI SETTLEMENT).

Answer:
Land Revenue Systems in British India: Three major systems of land revenue collection existed in India.
They were – Zamindari, Ryotwari and Mahalwari.
Meaning of Zamindari: “Zamindar” is the holder of large estate, who derived rights from the sovereign to
realize the rent from the tenants.

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Zamindari System:
 Zamindari System was introduced by Cornwallis in 1793 through the Permanent Settlement Act.
 It was introduced in provinces of Bengal, Bihar, Orissa and Varanasi.
 The Zamindars were confirmed by the British Government in 1802.
 Under this system, the land was held by Zamindars and they are responsible for the payment of
land revenue.
 Also known as the Permanent Settlement System.
 Zamindars were recognized as the owner of the lands.
 Zamindars were given the rights to collect the rent from the peasants.
 Zamindars never cultivated the land they owned, they rented them out to the cultivators.
 The realized amount would be divided into 11 parts. 1/11 of the share belongs to Zamindars and
10/11 of the share belongs to East India Company.
 The total amount of revenue was fixed for each locality.
 The amount of land revenue may be fixed once for all when it was called ‘permanent settlement’
or the settlement with regard to land revenue may only be temporary and may, therefore, be
revised after every 30 or 40 years, as the practice may be.
 Zamindars were given virtually free power to evict the occupier or ryot who failed to pay the rent.
 The original rent payable by each ryot to his Zamindar had to be specified by Zamindar in writing.
 In case any doubt or dispute about rent assessment, the Dewani-Adalat was empowered to decide
the matter.
 Under the British Empire, the Zamindars were to be subordinate to the crown and not act as
independent lords.
 The Zamindar system is known as ‘absentee landlordism’.
 The Zamindari system covered about 57 per cent of the area of the country.
Advantages of the Zamindari System

1) The Company was assured of the exact amount of revenue every year and it made the revenue certain
and permanent.
2) This settlement created a loyal class of landed aristocrats.
3) The evils of periodical assessment were removed.
4) The procedure of land revenue collection becomes easy.
5) It made the revenue administration less costly and the collection of revenue easy.
6) It resulted in an extraordinary increase in agricultural production due to extensive cultivation of land.
7) It increased the financial position of the Government.
8) It provides security to the interests of Zamindars; and
9) It gave impetus to trade and commerce.

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The disadvantage of the Zamindari system

1) The Zamindars became permanent owners of land and it created absentee landlordism.
2) The cultivators could not get protection but they were left to the mercy of the Zamindars because they
did not do anything to promote their well-being and the cultivators became tenants and they lost their
rights.
3) The Zamindars used to charge heavy amounts of money as rent and on non-payment, evict the
cultivators.
4) The Zamindars did not take much interest in the development of the lands and this resulted in low
yields from lands.
However, the permanent settlement of the Zamindari system of 1793 is the wisest and most successful
measure which the British Government had adopted in India.
4. RYOTWARY SETTLEMENT (SYSTEM).

Answer: Ryotwari system: ‘Ryot’ means individual cultivator, peasant, subject and tenant of land,
‘Ryotwari’ is the arrangement about rent made annually in India, directly between the Government and
the ryots.
 This system of land revenue was instituted in the late 18th century by Sir Thomas Munro,
Governor of Madras in 1820.
 This was practised in the Madras and Bombay areas, as well as Assam and Coorg provinces.
 In this system, the peasants or cultivators were regarded as the owners of the land. They had
ownership rights, could sell, mortgage or gift the land.
 The taxes were directly collected by the government from the peasants.
 The rates were 50% in dryland and 60% in the wetland.
 The rates were high and unlike in the Permanent System, they were open to being increased.
 If they failed to pay the taxes, they were evicted by the government.
 Ryot means peasant cultivators.
 Here there were no middlemen as in the Zamindari system. But, since high taxes had to be paid
only in cash (no option of paying in kind as before the British) the problem of moneylenders came
into the show. They further burdened the peasants with heavy interests.
 The revenue assessment is announced by the land-owner, when the tenant objects, he is heard
and may be able to sustain his plea for an abatement, so that there is really, a settlement in that
sense.
Ryotwari system is one of the three principal methods of revenue collection in British India. It was
prevalent in most of southern India, being the standard system of the Madras Presidency (a British-
controlled area now constituting much of present-day Tamil Nadu and portions of neighbouring states).
The system was devised by Capt. Alexander Read and Thomas (later Sir Thomas) Munro at the end of the
18th century and introduced by the latter when he was governor (1820–27) of Madras (now Chennai). The
principle was the direct collection of the land revenue from each cultivator by government agents. For this
purpose, all holdings were measured and assessed according to crop potential and actual cultivation. The
advantages of this system were the elimination of middlemen, who often oppressed villagers, and an
assessment of the tax on land actually cultivated and not merely occupied. Offsetting these advantages
was the cost of detailed measurement and of the individual collection. This system also gave much power
to subordinate revenue officials, whose activities were inadequately supervised.
The name of the system comes from the word ryot, an Anglicization by the British in India of the Arabic
word raʿīyah, meaning a peasant or cultivator. The Arabic word passed into Persian (raʿeyyat) and was
carried by the Mughals, who used it throughout India in their revenue administration. The British
borrowed the word from them and continued to use it for revenue purposes in the Anglicized form. The
word has passed into various Indian languages, but in northern India, the Hindi term Kisan is generally
used.
5. IX SCHEDULE OF THE CONSTITUTION.

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Answer: 9th schedule along with Article 31A and 31B was added in 1951 through the First Amendment to
the Indian Constitution. It was meant to enact some new laws which were important to transform India
into a more egalitarian society. The amendment was the need of the hour as Sri Kameshwar Singh,
Maharaja of Darbhanga challenged the validity of the Bihar Land Reforms Act, (in the case of Kameshwar
Singh v. The State of Bihar) government’s decision to classify Zamindars into different categories for
procuring their land was criticized by the judiciary and it was a major setback as the Court stated that
doing so was a violation of Art. 14 that guarantees equal protection of laws to the citizens as such
classification was discriminatory.
To give constitutional validity to land reform laws, it had become necessary to bring the Amendment to
the Constitution. As a result, the Parliament inserted the following Articles and Schedule:
1. Article 31-A by the Constitution (First Amendment) Act, 1951 with retrospective effect,
2. Article 31-B validates all the Acts enacted by the States for the purpose of land reforms and
tenancy.
3. Schedule – IX incorporates all such Acts and validates them.
Article 31B states that “none of the Acts and Regulations specified in the Ninth Schedule nor any of the
provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act,
Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any
provisions of this Part, and notwithstanding any judgment, decree or order of any court or tribunal to the
contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to
repeal or amend it, continue in force”.
Hence, when any legislation is kept under the 9th schedule, it does not matter whether it violates the
fundamental rights of a person. This provision restricted the rights of the judiciary and on other hands,
increased the power of the legislature. Hence, it started the conflict between the judiciary and the
government.
Features of Article 31B

 Retrospective in nature- If an act is held unconstitutional and thereafter is put under 9th
scheduled it will be considered as its part since its commencement.
 Jeejeebhoy v. Assistant Collector— the court stated that “Article 31B shows that it is a drastic and
novel method of an amendment”.
 To protect property rights- Article 31B was inserted in the constitution for legislation governing
rights relating to the property. But, in the years following, it has resulted in the insertion of other
laws also for purposes other than that related to society and economics.
9th Schedule
The 9th schedule was drafted by the first government of independent India in the tenure of J L Nehru. It
represents a drastic but innovative technique of amending the Indian Constitution. It is a method to
bypass the judicial review and judicial scrutiny. Any act which is added under the 9th schedule gets
resistant from any encroachment from judiciary even if it infringes the fundamental rights of an individual.
The result of the clash of ideology between the conservative judiciary and progressive and growth-
oriented legislature and executives, it was added to cover only a few legislations under its ambit, but with
the passage of time, the government used it as a blanket for many types of legislation covering over 280
Acts in the present.
Objectives
1. To implement various land reforms, after independence.
2. Abolition of Zamindari system in order to put an end to feudalistic society and to provide a
pavement for socialism to take its place.

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3. To immunize certain legislations which act as a blockade in bringing reforms and that have the
potential to infringe fundamental rights.
4. To uphold the interests of weaker sections of the society by bringing them on par with the other
sections of the society.
5. To meet the constitutional goal of establishing an egalitarian society and to reduce the
concentration of land in few hands by dividing it into the farmers.
6. DEFINE URBAN LAND AND WHAT IS URBAN LAND CEILING.

Answer:
7. LAND GRABBING ACT.

Answer: It has come to the notice of the Government that there are organised attempts on the part of
certain lawless persons operating individually and in groups to grab either by force or by deceit or
otherwise lands belonging to the Government, a local authority, a religious or charitable institution or
endowment, including wakf or any other private person.
An Act to prohibit the activity of land grabbing in the State of Andhra Pradesh and to provide for
matters connected therewith, and whereas public order is adversely affected by such unlawful activity of
land grabbers.
In MRO, Saroor Nagar Mandal, R.R. District v. Special Court, it has been observed that the Act is
protective legislation in favour of owners but not otherwise. It is intended to obviate the difficulties and
hardship faced by these landowners whose land is grabbed illegally.
Salient features of the Andhra Pradesh/Telangana Land Grabbing (Prohibition) Act, 1982:
1. The Telangana Land Grabbing (Prohibition) Act, 1982 is a penal law and its object is to prohibit the
activity of land grabbing in the State of Telangana and to provide for matters connected therewith
(Preamble).
2. The Act extends to the whole of the State of Telangana and is applicable to all lands situated
within the limits of Urban Agglomeration or any other lands notified by the Government. The Act
shall be deemed to have come into force on the 29th June 1982 (Section 1).
3. The Act consists of 17 Sections followed by Sections 7A, 17A and 17B and one schedule.
4. In Section 2 of the Act the terms like Government, land, land belonging to a private person, land
grabber, land grabbing, notification, person, prescribed, schedule, a special court, special Tribunal
and unauthorised structures are defined.
In Mandal Revenue Officer vs. Goundla Venkaiah, it has been held that the Act deals with all types
of land grabbing, whether the land is public or private.
5. The Act declares that land grabbing in any form is unlawful and is an offence punishable under the
Act (Section 3).
6. The Act prohibits land grabbing and makes any continuous occupation of grabbed land belonging
to the Government, Local Authority, Religious or Charitable Institution or Endowment or Wakf or a
private person, by any person otherwise than as a lawful tenant, is an offence and provides
specified punishments, for such acts (Section 4).
7. The Act provides penal provisions for sale or allotment or offering or advertising for sale or
allotment of the grabbed land.
8. The Act extends the penal provisions in respect of offences committed by a company (Section 6).
9. The Act empowers the Government to constitute special courts or tribunals for the purpose of
land grabbing matters (Section 7).
10. The Special Court may, either suo motu or on an application made by any person, officer or
authority take cognizance of and try every case arising out of any alleged act of land grabbing.
11. The Act envisages that the Special Courts will have the powers of the civil courts and the courts of
the session (Section 9).

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12. Once a land alleged to be grabbed comes before a special court, the burden of proof lies on the
person so alleged to establish that the land has not been grabbed by him (Section 10).
13. The Act makes null and voids all the transaction relating to any alienation of land grabbed or any
part thereof by way of sale, lease, gift, exchange, settlement, surrender, usufructuary mortgage or
otherwise (Section 17).
14. The Act empowers the special court to review its own judgment to prevent the miscarriage of
justice (Section 17-A).
8. PUBLIC PURPOSE.
Answer:
Section 2(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, The provisions of this Act relating to land acquisition, compensation,
rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its own
use, hold and control, including for Public Sector Undertakings and for a public purpose, and shall include
the following purposes, namely:--
(a) For strategic purposes relating to the naval, military, air force, and armed forces of the Union, including
central paramilitary forces or any work vital to national security or defence of India or State police, the
safety of the people; or
(b) For infrastructure projects, which includes the following, namely:
(i) all activities or items listed in the notification of the Government of India in the Department of
Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated the 27th March 2012, excluding
private hospitals, private educational institutions and private hotels;
(ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities,
marketing infrastructure for agriculture and allied activities such as dairy, fisheries, and meat processing,
set up or owned by the appropriate Government or by a farmers' cooperative or by an institution set up
under a statute;
(iii) project for industrial corridors or mining activities, national investment and manufacturing zones, as
designated in the National Manufacturing Policy;
(iv) Project for water harvesting and water conservation structures, sanitation;
(v) Project for Government administered, Government aided educational and research schemes or
institutions;
(vi) Project for sports, health care, tourism, transportation or space programme;
(vii) Any infrastructure facility as may be notified in this regard by the Central Government and after
tabling of such notification in Parliament;
(c) Project for project affected families;
(d) Project for housing for such income groups, as may be specified from time to time by the appropriate
Government;
(e) Project for planned development or the improvement of village sites or any site in the urban areas or
provision of land for residential purposes for the weaker sections in rural and urban areas;
(f) project for residential purposes to the poor or landless or persons residing in areas affected by natural
calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken
by the Government, any local authority or a corporation owned or controlled by the State.
Instances of Public Purpose:

Railways, telegraph, roads, railway stations, bus stations, aerodrome, industrial estates dairy projects,
mining, defence operations, dams, parks, archaeological sites, fire station, educational institutions, public
libraries, widening of roads, construction of buildings for hospitals, maternity homes, and child welfare
centre, providing houses for slum dwellers etc. are all the instances of public purpose.

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Public Purpose includes the following aims:

1. In which general interest of the community, or a section of the community, as opposed to the particular
interests of the individuals, is directly or vitally concerned;
2. Which would preserve or promote public health, comfort or safety of the public, or a section of it,
whether or not the individual members of the public may make use of the property acquired;
3. Which would promote the public interest, or tend to develop the natural resources of the state;
4. Which would enable the department of the government to carry on its governmental functions;
5. Which would serve the public, or a sectn of it, with some necessarily or the convenience of life, which
may be required by the public as such, provided that the public may enjoy such service as of right; or
6. Which would enable individuals to carry on a business, in a manner in which it could not be otherwise
be done, if their success will indirectly enhance public welfare, even if the acquisition is made by a private
individual, and the public has no right to any service from him, or to enjoy the property acquired; or
7. If the use to which the property would be put, is one of the widespread general public benefit not
involving any right on the part of the general public itself, to use the property or;
8. Which would result in an advantage to the public; it is not necessary that the property, or the work
upon it, should be available to the public as such; the acquisition may be in favour of individuals, but, in
furtherance of the scheme of public utility, which would result in enhancement of public welfare.
One of the tests of public purpose is if the purpose would satisfy the expenditure of public funds and in
a number of judgements, courts have said that government is the best judge of public purpose. The
declaration of public purpose by the government is final except if there is a colourable exercise of power.
To allege mala fide or colourable exercise of the power of eminent domain the facts or grounds should be
pleaded in support, which would show at least some nexus between the party for whose benefit the
power is sought to be exercised and the authorities of the state which could support a reasonable
suspicion that there has been an improper exercise, of such power exceeding the ambit of eminent
domain as to constitute a fraud. The power to select the lands is left to the reasonable discretion of the
government and the courts cannot interfere in this regard. The view held by court is that a declaration
under Section 6 (Public of Social Impact Assessment Study) is conclusive evidence of public purpose and
unless it is shown that there has been a colourable exercise of power courts cannot go on to look whether
it is a public purpose or not.
With the march of civilization, the notions as to the scope of the general interest of community changes
and widens, with the result that old and narrower notions as to the sanctity of private interest or
individual no longer stem the forward flowing tide of time and give way to broader notions of the general
interest of the community.
In the State of Bihar vs. Kameshwar Singh, 1952, it has been observed that whatever furthers the
general interests of the community ‘as opposed to the particular interest of the individual must be
regarded as a public purpose’. The phrase has to be construed according to the spirit of the time in which
the particular legislation is enacted.

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LONG ANSWERS
9. LAND REFORMS.
Answer: Land Reforms in India after Independence: Purposes and Features
Meaning of Land Reforms:

Land reform is a broad term. It refers to an institutional measure directed towards altering the existing
pattern of ownership, tenancy and management of land.
It entails “redistribution of the rights of ownership and/or use of land away from large landowners and
in favour of cultivators with very limited or no landholdings.”
Land reforms programmes in India include Abolition of Intermediaries, Tenancy reforms, consolidation
of holdings and determination of holdings per family and to distribute surplus land among landless
peoples.
At the time of independence ownership of land was concentrated in the hands of a few. This led to the
exploitation of the farmers and was a major hindrance towards the socio-economic development of the
rural population. Equal distribution of land was, therefore, an area of focus of Independent India's
government. Laws for the land ceiling were enacted in various states during the 50s & 60s which were
modified on the directives of the central government in 1972.
Objectives of Land Reforms:

Land reform is a part of the heritage of the country’s freedom movement since the agrarian structure
that we inherited from the British at the time of independence was of the feudalistic exploitative
character. Zamindars- intermediaries-moneylenders played a big role in exploiting the masses.
It is in this background that we have to examine the objectives of land reform policy in India. Land
reform measures aim not only at raising agricultural productivity. It is also viewed as a tool for social
uplift.
The major objectives of the land reform package, as identified in the Eighth Plan, are:
1. Restructuring of agrarian relations to achieve an egalitarian structure;

2. Elimination of exploitation in land relations;
3. The actualization of the goal of “land to the tiller”;
4. Improvement of socio-economic conditions of the rural poor by widening their land base;
5. Increasing agricultural production and productivity;
6. Facilitating land-based development of rural poor; and
7. Infusion of a great measure of equality in local institutions.
In fine, growth and social justice are the basic objectives of land reform measures. Under the 1949
Indian constitution, states were granted the powers to enact (and implement) land reforms. This
autonomy ensures that there has been significant variation across states and time in terms of the number
and types of land reforms that have been enacted. We classify land reform acts into four main categories
according to their main purpose.
Measures of Land Reforms:

The comprehensive land reform policy that evolved so far after independence consisted of:
1. Abolition of intermediaries between the State and tenants;
2. Tenancy reforms that provide
(a) Security to tenants,
(b) Rationalisation and regulation of rent and
(c) Conferment of ownership rights on tenants;
3. Fixation of ceiling on landholdings; and

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4. Consolidation of holdings.
1. Abolition of intermediaries:
Abolition of Zamindari and similar intermediary tenures during 1950-55 essentially involved removal of
intermediary levels or layers of various amorphous and parasitic groups in the land between the State and
the actual cultivators. However, such abolition of intermediaries involved compensation to the owners of
the land.
As a result of this measure, about 2.5 crore farmers were brought into direct relationship with the
State. This facilitated distribution of 61 lakh hectares of land to landless farmers. Large areas of privately-
owned forests and wasteland now vested in the State.
Despite the abolition of intermediary rights, poor peasantry continued to be exploited in various ways.
It led to large-scale ejectment of poor tenants from land. While landlordism has been abolished, absentee
landlordism now continues to flourish. The legislation conferred ownership rights not upon the actual
cultivator, but on the statutory tenant, who himself was an intermediary with a chain of sub-tenants
under him.
All this happened because:
(i) The law permitted the intermediaries to retain their home farms,
(ii) No limit was put on the area of land they could retain,
(iii) The term ‘personal cultivation’ was ill-defined, and
(iv) No protection was given to sharecroppers and other tenants-at-will.
Thus, the abolition of intermediary rights on land has not been an unmixed blessing. “Not every Y was
crossed and every ‘i’ was dotted, but the job was done.” Undoubtedly, this zamindari abolition has paved
the way for a remarkable shift in the balance of power. But the goal of “land to the tiller” is yet to be
achieved.
We can mention the case of Kameshwar Singh vs. the State of Bihar
2. Tenancy Reforms:
Tenancy legislations have taken three forms:

(i) Regulation of rent,
(ii) Providing security of tenure, and
(iii) Conferring rights of ownership to tenants.
Rent payable to the landowners should not exceed one-fifth to one-fourth of the gross produce of the
land. In the light of this guideline, all the states have enacted laws for fixation of rent. However, large
inter-state variations exist in the fixation of land rental rates. Further, one notices inter-state differences
in land rents.
Even the tenancy reforms have failed to regulate rent. Owing to the weak position of tenants, demand
for fair and just rent from landowners occasionally lead to ejectment from land.
Tenancy Legislations have made it clear that in no case the tenants can be evicted except only in the
situation where landlords themselves want to resume cultivation. Even in the event of a resumption of
cultivation by the owners, tenancy legislations have made it obligatory to leave a minimum area for the
tenant.
A very important aspect of land reform is the conferment of ownership rights to tenants in respect of
non-resumable land. As a result of this measure, by 2000, around 124.2 lakh tenants operating on more

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than 4 p.c. of the cultivated area have been benefited from this ownership rights or their rights have been
protected on 63.2 lakh hectares of land.
On the eve of tenancy reforms, the area under tenancy was around 50 p.c. As a result of this action, this
area has been reduced to 15 p.c. of the operated area by 2000.
Tenancy laws that have been framed in different states contained a provision for the resumption of
land by the landowners for ‘personal cultivation’ with the object of protecting the interests of landowners,
rather than tenants.
3. The ceiling on Landholdings:

To reduce the existing disparities in the pattern of land-ownership and make some land available for
distribution to landless agricultural workers, the Second Plan (1956-1961) recommended the imposition of
ceilings on agricultural holdings.
It was envisaged that land above a certain limit would be acquired by the State and redistributed among
the landless workers and small farmers so as to meet their hunger for land and, thus, to enable them to
create economic holdings.
Land ceiling laws were passed in two phases. In the first phase—which lasted up to the end of 1972—
‘landholder’ was treated as the unit of the cultivation. This ceiling unit was changed to ‘family’ after 1972.
The ceiling limits have also been lowered in the second phase with differences varying as between
irrigated land with two crops, irrigated land with one crop, and dry land. But the exemption for orchards,
grazing land, cattle- breeding farms, religious/charitable/educational trusts, sugarcane plantations, tank,
fisheries have made the ceiling laws virtually redundant.
Up to end September 2001, the total amount of land declared surplus was 73.67 lakh acres, 64.95 lakh
acres of land have been taken over by the states. A total of 53.79 lakh acres of land have been distributed
among 54.84 lakh landless poor. This amounts to saying that about 12 lakh acres of land could not be
distributed because of a variety of reasons, of which litigation is considered to be the most inhibiting
factor.
4. Consolidation of Landholdings:
Fragmented and subdivided landholdings, as well as small-sized holdings, have made Indian agriculture
un-remunerative. So consolidation of these lands is necessary to boost efficiency and economy in India’s
agriculture. It has been completed in the states of Punjab, Haryana and Uttar Pradesh.
Till December 2001, nearly, 163.3 lakh acres of land or 1 /3rd of the total cultivated area have been
consolidated. Thus, the success story in this regard is rather disappointing. One of the reasons for the
tardy progress of this aspect of land reforms is that small farmers have a strong fear that consolidation
favours large farmers.
An Overall Appraisal of Land Reforms:

After more than 70 years of independence, one notices some achievements in the sphere of land reforms.
At the same time, our efforts in this direction have not yielded the desired results. Most of the planks of
land reform measures are ambivalent and there are large gaps between policy and legislation and
between legislation and implementation. And “land reform measures were conceived boldly but were
implemented badly”—observed an expert.

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Finally, we have Acts which attempted to allow consolidation of disparate land-holdings.' Though these
reforms and in particular the latter was justified partly in terms of achieving efficiency gains in agriculture
it is clear from the acts themselves and from the political manifestos supporting the acts that the main
impetus driving the first three reforms was poverty reduction.
Existing assessments of the effectiveness of these different reforms are highly mixed. Though promoted by
the centre in various Five Year Plans, the fact that land reforms were a state subject under the 1949
Constitution meant that enactment and implementation were dependent on the political will of state
governments. The perceived oppressive character of the Zamandari and their close alliance with the
British galvanized broad political support for the abolition intermediaries and led to widespread
implementation of these reforms most of which were complete by the early 1960s. Centre-state alignment
on the issue of tenancy reforms was much less pronounced. With many state legislatures controlled by the
landlord class, reforms which harmed this class tended to be blocked, though where tenants had
substantial political representation notable successes in implementation were recorded.
10. EXPLAIN DOCTRINE OF EMINENT DOMAIN AND BONA VACANTIA.

Answer:
Definition by Wikipedia: Eminent domain (United States, Philippines), land acquisition (India, Malaysia,
Singapore), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Hong Kong,
Uganda), resumption/compulsory acquisition (Australia), or expropriation (France, Italy, Mexico, South
Africa, Canada, Brazil, Portugal, Spain, Chile, Denmark, Norway, Sweden, Finland, Germany, Panama) is
the power of a state, provincial, or national government to take private property for public use. It doesn’t
include the power to take and transfer ownership of private property from one property owner to another
private property owner without a valid public purpose. However, this power can be legislatively delegated
by the state to municipalities, government subdivisions, or even to private persons or corporations, when
they are authorized by the legislature to exercise the functions of public character.
Meaning of Eminent Domain
The doctrine of ‘Eminent domain’, in its general connotation means the supreme power of the king or
the government under which property of any person can be taken over in the interest of the general
public. However, over the years such taking over the property by the king or the government has been
made possible only after compensating the landowner of such property. Thus eminent domain explained
as the power of the king or the government to take over the property of a private person when it is
needed for a public purpose. The doctrine of ‘eminent domain’ is based on two maxims namely
 Salus Populi supreme lex esto, which means that the welfare of the people is the paramount law,
and
 Necessita public major est quam, which means that public necessity is greater than the private
necessity.
At present, the exercise of eminent domain is not limited to real property. Governments may also
condemn personal property, such as supplies for the military in wartime, franchises, this includes
intangible property such as a contract rights, patents, trade secrets, and copyrights.
Eminent Domain is the power of the State to appropriate private property for its own use without the
owner’s consent. The Land Acquisition Act, 1894 contained the power of an eminent domain. The
meaning of the power in its irreducible term is:
 power of the sovereign
 to acquire the property of an individual
 for public use
 without the necessity of his consent.
This power is based on the sovereignty of the State. Payment of just compensation to the owner of the
land which is acquired is part of the exercise of this power. Eminent domain power is regarded as an
inherent power of the State to take private property for a public purpose. This power depends on the
superior domain of the State over all the property within its boundaries. An incidental limitation of this
power is that the property shall not be taken without just compensation. The expression “eminent

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domain” means permanent (eminent) dominion (domain) of the state on the property. The power of the
State to take private property for public use and the consequent right of the owner to compensate now
emerge from the constitution of India. In entry 42 list III of the seventh schedule under Indian
Constitution, both union and States government are empowered to enact laws relating to the acquisition
of property. The use of eminent domain power for land acquisition is also justified when the public
purpose in question can be served by only a specific piece of land, which has no substitute
The doctrine of Bona Vacantia

Meaning of Bona Vacantia:
 ‘Bona” is a Latin term means goods and ‘Vacantia” is a Latin term means vacant.
 ‘Bona Vacantia’ literally means vacant goods and is the legal term given to an ownerless
property that passes to the Crown.
The principle behind the doctrine of Bona Vacantia is that ‘the State may more properly be custodian
and beneficiary of abandoned property than any other person.
The doctrine of Bona Vacantia was declared to be part of the law of India by Privy Council as early as in
1860 in the case of Collector of Masulipatnam vs. Cavaly Vancata Narrainappa.
In India, the scope of Bona Vacantia is wider than England. In England, the states right to Bona Vacantia
is limited only to a treasure trove, wreck, waifs, estrays or whole or sturgeon. But in India, a property
which has no rightful claimant will in all cases be taken by the state.
In Bombay Dyeing and Manufacturing Co. vs. The state of Bombay, it has been held that the term ‘Bona
vacantia’ comprises properties of two different kinds, those which come in by escheat and those over
which no one has a claim.
Bona vacantia is used to describe a situation where a certain amount of goods are unclaimed over a
period of time. No ownership is claimed over those goods or property. When such a situation arises then
the goods or the property goes to the government and the government serves as the custodian of those
goods or property. The government has to take such goods and act as their owners for perpetuity. The
cases of such ownership arise when the goods or the property are being abandoned when the person dies
without any living heirs. Such a situation can also arise when a business or unincorporated association is
dissolved the assets thereof are not distributed appropriately. Other processes how such situation arises
are when a trust in the path of failing or when the property owner is nowhere to be found and does not
any information about its whereabouts. In other words, it is a property without any claim. Bona vacantia
is used for those goods and property which does not have any ownership. Ownership and property are
two interrelated concepts. There cannot be any ownership without any property and also there can be
any property without ownership. However, Bona vacantia are those goods and property which loses its
ownership over a period of time and remains the same for a long time.
A fine line of distinction between ‘escheat’ and ‘bona vacantia’ is that is ‘escheat’, the state becomes
the owner of the property when a person dies without heir or successor as his ultimate heir, whereas in
‘Bona Vacantia’ there is not even an owner of the property and the state merely takes possession of the
property, which is an abandoned one.
11. PROCEDURE FOR ACQUIRING LAND UNDER THE LAND ACQUISITION ACT, 2013.
Answer:
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 is a legislation that regulates the land acquisition and provides laid down rules
for granting compensation, rehabilitation and resettlement to the affected persons in India. The Act has
provisions to provide fair compensation to those whose land is taken away, brings transparency to the
process of acquisition of land to set up factories or buildings, infrastructural projects and assures
rehabilitation of those affected. The Act will replace the Land Acquisition Act, 1894, a nearly 120-year-old
law enacted during British rule.

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Aims and objectives: The aims and objectives of the Act include:
 To ensure, in consultation with institutions of local self-government and Gram Sabhas a humane,
participative, informed and transparent process for land acquisition for industrialization,
development of essential infrastructural facilities and urbanization with the least disturbance to
the owners of the land and other affected families.
 Provides just and fair compensation to the affected families whose land has been acquired and to
those who are affected by such acquisition.
 Make adequate provisions for such affected persons for their rehabilitation and resettlement.
Purpose and scope:

The Act aims to establish the law on land acquisition, as well as the rehabilitation and resettlement of
those directly affected by the land acquisition in India. The scope of the Act includes all land acquisition
whether it is done by the Central Government of India, or any State Government of India or any local
body.
The Act is applicable when:

 Government acquires land for its own use, hold and control, including land for Public sector
undertakings.
 Government acquires land with the ultimate purpose to transfer it for the use of private
companies for a stated public purpose. The purpose of LARR 2013 includes public-private-
partnership projects but excludes land acquired for state or national highway projects.
 Government acquires land for immediate and declared use by private companies for a public
purpose.
The provisions of the Act does not apply to acquisitions under 16 existing legislations including the Special
Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989, etc.
Steps for acquiring land:
First Step Social Impact Assessment Study, Sections 4 – 10A:

1. Preparation of Social Impact Assessment Study (SIAS)(Section 4):
A. Whenever the appropriate Government intends to acquire land for a public purpose, it shall
consult the concerned Panchayat, Municipality in the affected area and carry out a SIAS in
consultation with them.
B. The notice for SIAS should be made available in the local language to the Panchayat,
Municipality, Collector Office, Tehsil etc. and shall be published in the affected areas.
C. Adequate representation should be given to the local bodies.
D. The SIA study should be completed within a period of six months from the date of its
commencement.
E. The SIAS report shall be made available to the public.
F. The SIAS includes
 Whether the acquisition serves a public purpose.
 Estimation of affected families.
 The extent of lands, public and private, houses, settlements and other common
properties likely to be affected by the proposed acquisition.
 Whether the extent of land proposed for acquisition is the absolute bare minimum
extent needed for the project.
 Whether the land acquisition at an alternate place has been considered and found not
feasible.
 Study of the social impact of the project.
 Study of the overall costs of the project vis-à-vis the benefits of the project.
 Study of impact on the livelihood of the affected families.

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2. Public hearing for social impact Assessment (Section 5):

Whenever an SIA is required to be prepared under Section 4, the appropriate Government shall ensure
that a public hearing is held at the affected area, after giving adequate publicity about the date, time and
venue, to ascertain the views of the affected families to be recorded and included in the SIA Report.
3. Publication of SIAS (Section 6):
 The appropriate government prepares the SIA report as per the above-stated Sections and made
available in the local language to the Panchayat, Municipality, District Collector, the Sub-Divisional
Magistrate and the Tehsil, and shall be published in the affected areas, and in the website.
 Wherever Environment Impact Assessment is carried out, a copy of the SIA report shall be made
available to the Impact Assessment Agency.
4. Appraisal of SIAR by an Expert Group (Section 7):
 The Appropriate Government shall ensure that the SIA report is evaluated by an independent
multi-disciplinary Expert Group.
 The Expert Group consists of two members of social scientists, local body, experts on
rehabilitation and a technical expert.
5. Examination of the proposal for land acquisition and SIA report (Section 8).
6. Exemption from SIA (Section 9): Under Sec 40 the appropriate Government may exempt
undertaking of the SIA study.
7. Special provision to safeguard food security (Section 10): Only under exceptional circumstances
no irrigated multi-cropped land shall be acquired under this Act.
Second Step, Notification and Acquisition, Sections 11 –30.

1. Publication of preliminary notification and power of officers thereupon (Section 11):
A preliminary notification for acquisition of land to be given in the following manner
A. In the official Gazette,
B. In two daily newspapers including one in the regional language,
C. Notice in the offices of the Panchayat, Municipality, office of the District Collector, the Sub-
divisional Magistrate and the Tehsil,
D. Uploading in the website.
E. The contents of the notice should be informed to the local body,
F. The notice issued includes nature of the public purpose involved, affected families, a summary of
the SIA report etc.,
G. No transactions in the land specified in the preliminary notification,
H. The Collector shall update the land records.
2. Preliminary survey of land (Section 12): For the purpose of acquiring the intended land the
Government conducts survey relating to the boundary, soil test, take levels of the land and any
other measure which requires to test the land.
3. Payment for damage (Section 13): If any damage takes place to the standing crops etc. while
surveying under Section 12 of the Act, will be awarded to the landlord.
4. Lapse of SIA report (Section 14): where a preliminary notification under Section 11 is not issued
within twelve months from the date of appraisal of the SIA report, then such report shall be
deemed to have lapsed. Provided that the appropriate Government shall have the power to
extend the period of 12 months if in its opinion circumstances exist justifying the same.
5. Hearing of objections (Section 15):
A. Any affected person within 60 days from the publication of the preliminary notification can file
objections.
B. The objections should be made to the Collector in writing, and the collector shall give the
objector an opportunity of being heard.
C. The decision of the appropriate Government on the objections made shall be final.
6. Preparation of Rehabilitation and Resettlement (R & R) Scheme by the Administrator (Sec 16):

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A. The Administrator for R & R conducts a survey and undertakes a census of the affected
families to know:
 Particulars of lands and immovable properties being acquired of each affected family.
 Livelihoods lost in respect of land losers and landless whose livelihoods are dependent
on the lands being acquired.
 A list of public utilities and Government buildings which are affected.
 Details of amenities which are affected.
7. Review of the R & R scheme (Section 17): The Collector shall review draft scheme submitted under
Section 16(6), and submits the draft R & R Scheme along with his suggestions to the Commissioner
R & R for approval of the Scheme.
8. Approved R & R Scheme to be made public (Section 18),
9. Publication of declaration and summary of R & R (Section 19): If the appropriate Government
satisfies with the R & R Scheme it makes it public the report.
10. Land to be marked out, measured and planned including marking of specific areas (Sec 20),
11. Notice to Persons interested (Section 21):
A. The Collector shall publish the public notice,
B. A notice to all the affected persons to attend personally before the Collector,
12. Power to require and enforce the making of statements as to names and interests (Sec 22):
13. Enquiry and land acquisition award by Collector (Section 23): The Collector shall enquire into the
objections (if any) raised by the affected parties.
14. Period within which an award shall be made (Section 25): within 12 months from the date of
publication of the declaration under Section 19 the Collector shall make an award.
15. Determination of market value of land by Collector (Section 26): The Collector shall adopt the
following criteria in assessing and determining the market value of the land, whichever is higher
A. The Market value,
B. The average sale price for similar land situated in the nearest area.
C. Consented amount of compensation in case of lands for private companies.
16. Determination of amount of compensation (Section 27): Land value as calculated under Section 26
and value of the assets attached to the land.
17. Determination of value of things attached to land or building (Sec 29).
18. Award of Solatium (Section 30): It is the amount in addition to the compensation payable to the
affected party.
A. The Collector having determined the total compensation to be paid, shall, to arrive at the final
award, impose a “solatium”, an amount equivalent to one hundred per cent of the
compensation amount.
B. The Collector shall issue individual awards detailing the particulars of compensation payable
and the details of payment of the compensation as specified in the First Schedule.
C. Interest will be paid in addition to the market value under Sec 26, @ 12%.
Third step: Payment of compensation or deposit of same in Authority (Section 77):

A. After making an award u/s 30, the Collector shall tender payment of the compensation awarded
by him to the persons affected.
B. Investment of money deposited in respect of lands belonging to person incompetent to alienate
(Sec 78)
C. Payment of interest (Section 80), when the payment of compensation is not paid before taking
possession of the land, the Collector shall pay the amount awarded with interest thereon at the
rate of nine per cent, per annum from the time of so taking possession until it shall have been so
paid or deposited.

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12. SALIENT FEATURES OF THE TELANGANA LAND REFORMS (CEILING ON AGRICULTURAL LAND
HOLDINGS) ACT, 1973.
Answer: Salient features of the Act:
1. As per the Preamble of the Act, the object of the Act is to consolidate and amend the law relating
to the fixation of ceiling on agricultural holdings and taking over of surplus lands and to provide
for the matters connected therewith.
2. The Act, which consists of 30 Sections, has come into force with effect from the date of
notification i.e., 1.1.1975 although the assent of President was published on 1.1.1973.
3. As per Section 2 of the Act, it gives effect to the Directive Principles of State Policy specified in
Clauses (b) and (c) of Article 30 of the Constitution of India.
4. Under Section 3, the terms used in the Act, such as Appellate Tribunal, Bank, Ceiling Area, Double
Crop Wetland, Dryland, Family Unit, Government source of irrigation, Holding, Land, Donor,
Pension, Revenue Divisional Officer, special date standard holding, Tenant, Tribunal, Wet Lands
etc., have been defined.
5. The Act prescribes a ceiling area in respect of a family unit consisting of not more than five
members to an extent of land equal to one standard holding. In case of family units consisting of
more than five members, the ceiling area is an extent of land equal to one standard holding plus
an additional extent of one-fifth of one standard holding for every excess member subject to a
maximum not exceeding two standard holdings (Section 4).
6. Under Section 4A of the Act, there is a provision to increase the limit of ceiling area in respect of
family units or individuals who have one or more major sons who have no land.
7. Section 5 of the Act provides the standard holding for different classes of lands and the manner of
such computation of standards.
8. As per Section 6 of the Act, the Government is empowered to constitute Tribunals by notification
specifying the jurisdictions of each such Tribunal and other issues.
9. The Act provides special provisions in respect of transfers made on or after 24 th January 1971, but
before the notified date of land by way of sale, gift, usufructuary mortgage, exchange, settlement,
surrender or by a trust or any other manner (Section 7).
10. The Act imposes a duty on the persons whose land holdings exceed the specified limit to make a
declaration of such holdings and surrender such excess land the possession of which vests in the
authorised Revenue Officer (Section 8).
11. The Act empowers the Tribunal to determine the ceiling area under Section 9 of the Act.
12. The Act requires a person whose holdings are in excess of the ceiling area to surrender such excess
land (Section 10).
13. The Act empowers the Revenue Divisional Officer or his authorised officer to take over the land
surrendered or deemed to have been surrendered by an owner thereof and the possession of such
land vests in such officer (Section 11).
14. The Act provides special provision for protected Tenants where the holding of any owner included
land held by him, as specified in Section 13 of the Act.
15. The Act requires in Section 14 that the excess lands vested in the Government shall be allotted for
the use of house sites for agricultural labourers, village artisans or other poor persons who have
no house or house sites or to the weaker sections of the people depending on agriculture.
16. The Act provides provision for payment of the amount in respect of land vested in Government
with the specified rates either in cash or in bonds or both (Section 15).
17. According to Section 16 of the Act, the Tribunal is empowered to determine the amount payable
for the lands vested in the Government.
18. The Act under Section 17 prohibits alienation of holding in respect of excess land by any manner.
19. Under Section 21 of the Act, the High Court has revisional powers from any order passed by an
Appellate Tribunal in respect of matters relating to jurisdiction.

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20. The Act provides exemptions from the applicability of the Act to the lands held by the State or the
Central Government or any local authorities or religious, charitable or educational institutions or a
Wakf of a public nature (Section 23).
21. The Act bars the jurisdiction of Civil Courts in respect of any action taken by any officer or
authority under the Act (Section 26).
22. Under Section 27 of the Act, the Government can make rules.
23. Section 28 of the Act facilitates the provisions of the Act to override other laws.
24. This Act repeals the Andhra Pradesh Ceiling on Agricultural Holding Act, 1961 and the Andhra
Pradesh Agricultural Land (Prohibition of Alienation) Act, 1972.
13. VARIOUS PROVISIONS OF THE A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFER) ACT, 1977.
Answer: Objectives of the Act:
1. To prohibit assigned land alienation.
2. To regulate assigned land.
3. To issue pattas as ‘D’ Form.
Salient features of the Act:
1. The preamble of the Act provides that the object of the Act is to prohibit the transfer of certain
lands.
2. The Act is a small Act containing only 12 Sections without dividing into Chapters.
3. Section 2 of the Act gives the definitions of the term used in the Act such as assigned land,
Government, landless poor person, notification, prescribed and transfer.
4. Section 3 of the Act provides that no landless poor person shall transfer any assigned land and no
person shall acquire any assigned land, either by purchase, gift, lease, mortgage, exchange or
otherwise.
5. The District Collector or any of his authorised officer not below the rank of a Mandal Revenue
Officer (now Tahsildar) is empowered to take possession of the assigned land and restore the same
to the original assignee or his legal heirs, or to resume the assigned land to the Government for
assignment to landless poor, as the case may be, in a case where the land is transferred under
Section 3 (Section 4).
6. The aggrieved party may appeal against an order passed by the Mandal Revenue Officer (Tahsildar)
within the prescribed time to the Revenue Divisional Officer (Section 4A).
7. The District Collector has revisional powers, either suo motu or on an application made to him as to
the regularity of any proceedings not being an appeal made by an aggrieved person against the
order passed by the Revenue Divisional Officer under Section 4A(1) of the Act (Section 4B).
8. The registration of documents relating to the transfer of any assigned lands, or documents creating
any interest therein has been prohibited Section 5.
9. The Act exempts applicability of the Act to the assigned lands held on a mortgage by the State,
Central Government, and local authority, a co-operative society, a scheduled bank or such other
financial institution-owned, controlled or managed by a State or the Central Government (Section
6).
10. A penal provision is there in the Act in respect of persons who acquire any assigned lands in
contravention of the provision of Section 3(2) of the Act with a punishment of imprisonment which
may extend to six months or with fine which may extend to Rs. 2000 or with both. The person who
opposes or impedes the District Collector or any person authorised in taking possession of any
assign land to be punished with imprisonment which may extend to six months or with fine which
may extend to Rs. 5000 or with both (Section 7).
11. No Court shall take cognizance of an offence punishable under Section 7 of the Act except with the
previous sanction of the District Collector [Section 7(3)].
12. The Act protects the actions taken by any person officer or authority for anything done in good faith
(Section 8).

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13. The Government has the power to make rules (Section 9).
14. The Act overrides other laws (Section 10).
15. The Government has the power to remove difficulties (Section 11).
14. EXPLAIN THE EFFECTIVENESS OF A.P. LAND GRABBING (PROHIBITION) ACT, 1982.
Answer:
15. CULTIVATOR OF LAND AND HIS RIGHTS AND WHEN TERMINATION OF TENANCY CAN BE AFFECTED.
Answer: Tenants:
 As per Section 2(1)(v) of the Telangana Tenancy and Agricultural Lands Act, 1950, ‘tenant’ means
an Asami, shikmi who holds land on lease, and includes a person who is deemed to be a tenant
under the provisions of the Act.
 Section 5. Persons deemed to be tenants: A person lawfully cultivating any land belonging to
another person shall be deemed to be a tenant if such land is not cultivated personally by the
landholder and if such person is not,-
(a) a member of the landholder‘s family, or
(b) a servant on wages payable in cash or kind, but not in crop share or a hired labourer cultivating
the land under the personal supervision of the landholder or any member of the landholder‘s
family, or
(c) a mortgagee in possession.
Rights of Tenant: The following are some of the important rights of a tenant under the Act:
1. Right to hold the land in tenancy till the expiry of the period of the lease (Section 19): No tenancy
of land shall be terminated before the expiration of the period for which the land is leased or
deemed to be leased or by the tenant by the surrender of his rights to the landholder at least a
month before the commencement of the year, provided that such surrender is made by the tenant
in writing.
2. Right to not to be evicted from dwelling house (Section 20): If a tenant is in the occupation of a
dwelling house on a site belonging to his landholder, such tenant shall not be evicted from such
dwelling house.
3. Right of pre-emption: First priority right to purchase the site on which the tenant has built up a
dwelling house including house and site acquired by agricultural labourers or artisans.
4. Right to trees planted by him: If a tenant has planted any trees on any land leased to him, he shall
be entitled to the produce and wood of such trees during the continuance of his tenancy and shall
on the termination of his tenancy be entitled to such compensation for such trees as may be
determined by the Tahsildar.
5. Right to produce of naturally growing trees: A tenant shall during the continuance of his tenancy
be entitled to two-thirds of the total produce of trees naturally growing on the land, the
landholder being entitled to one-third of the produce of such trees.
6. Right to recover expenses from the landholder regarding protected bounds under Section 26 of
the Act,
7. Right to the restoration of land if the landholder fails to serve notice of termination of tenancy on
the ground of destruction or injury to the land.

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8. Right to relief against termination of the tenancy for non-payment of rent: where a tenancy of
any land held by a tenant is terminated for non-payment of rent and the landholder files any
proceeding to eject the tenant, the Tehsildar shall call upon the tenant to tender all the dues till
now and gives 90 days time, if the tenant pays the amount within the time, the Tehsildar pass an
order directing that the tenancy has not been terminated.
9. Right to receive a receipt for the amount of rent from the landholder.
10. Right to become a member of the co-operative farming society.
11. Right not to attach or sell the land in a lease in the execution of a decree or order of a Civil Court
(Section 31).
Termination of Tenancy: Under Section 19 of the Act, a tenancy can be terminated either by a tenant or
by the landholder. Section 19 of the Act provides that:
1. After the expiration of the tenancy period.
2. By the tenant by the surrender of his rights to the landholder at least a month before the
commencement of the year.
3. By the landholder, if the tenant has failed to pay the rent.
4. If the tenant has done any act which is destructive or permanently injurious to the land, the
landlord can terminate the tenancy.
5. If the tenant has sub-divided the land, the landlord can terminate the tenancy,
6. If the tenant has sub-let the land, the landlord can terminate the tenancy.
7. If the tenant has used the land for other than agriculture, the landlord can terminate the tenancy.
16. PARAMETERS FOR DETERMINATION OF PAYMENT OF COMPENSATION FOR THE LAND ACQUISITION.
Answer:
Acquisition Award
The new Act stipulates that the minimum compensation is to be a multiple of the total of the ascertained
market value, plus the value of the assets attached to the property, plus a solatium equal to 100% of the
market value of the property including value of assets.
Under Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 the Collector shall proceed to enquire into the objections which any person
interested has stated pursuant to a notice given under Section 21 and into the respective interests of the
persons claiming the compensation and rehabilitation and resettlement, shall make an award under his
hand of–
(a) the true area of the land;
(b) the compensation as determined under Section 27 along with Rehabilitation and Resettlement Award
as determined under Section 31 and which in his opinion should be allowed for the land; and
(c) the apportionment of the compensation among all the persons known or believed to be interested in
the land, or of whose claims, he has information, whether or not they have respectively appeared before
him.
Period for Award:

Under Section 25 the Collector shall make an award within a period of 12 months from the date of
publication of the declaration and if no award is made within that period, the entire proceedings for the
acquisition of the land shall lapse.
Provided that the appropriate Government may take the decision to extend the period of 12 months if, in
its opinion, circumstances exist justifying the same but such decision shall be recorded in writing and the
same shall be notified and be uploaded on the website of the authority concerned.

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Determining Market Value:

The claimant will be entitled to the compensation which is determined based on the market value of the
land determined as on the date of preliminary notification. The market value of the proposed land under
Section 26 to be acquired shall be set as the higher of:
 the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale
deeds in the area, where the land is situated; or
 the average of the sale price for a similar type of land being acquired, ascertained from the highest
fifty per cent of the sale deeds registered during the preceding three years in the nearest village or
nearest vicinity of the land being acquired.; or
 the consented amount in case the land is acquired for private companies or public-private
partnership projects.
 The market value would be multiplied by a factor of, at least one to two times the market value
for land acquired in rural areas and at least one times the market value for land acquired in urban
areas.
Value of Things Attached:

The Collector in determining the market value of the building and other immovable property, assets
attached or trees plants attached to the land or building which are to be acquired, under Section 29 will
use the services of a competent engineer or any other experienced persons in the field of agriculture,
forestry, horticulture, sericulture, or any other field, as may be considered necessary by him.
Determination of Compensation:
The Collector having determined the market value of the land to be acquired shall under Section 27
calculate the total amount of compensation to be paid to the landowner whose land has been acquired by
including all assets attached to the land.
In determining the amount of compensation to be awarded for land acquired under this Act, the
Collector shall under Section 28 take into consideration–
 the market value as determined under section 26 and the award amount in accordance with the
First and Second Schedules;
 the damage sustained by the person interested, because of the taking of any standing crops and
trees which may be on the land at the time of the Collector’s taking possession thereof;
 the damage sustained by the person interested, at the time of the Collector’s taking possession of
the land, by reason of severing such land from his other land;
 the damage sustained by the person interested, at the time of the Collector’s taking possession of
the land, by reason of the acquisition injuriously affecting his other property, movable or
immovable, in any other manner, or his earnings;
 in consequence of the acquisition of the land by the Collector, the person interested is compelled
to change his residence or place of business, the reasonable expenses incidental to such change;
 the damage bona fide resulting from diminution of the profits of the land between the time of the
publication of the declaration under section 19 and the time of the Collector’s taking possession of
the land: and
 any other ground which may be in the interest of equity, justice and beneficial to the affected
families.
Award of Solatium:
The Collector after having determined the total compensation to be paid shall arrive at the final award,
under Section 30 impose a “Solatium” which is the amount equivalent to 100% of the compensation
amount.

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This solatium amount shall be in addition to the compensation payable to any person whose land has
been acquired. The Collector shall issue individual awards detailing the particulars of compensation
payable and the details of payment of the compensation as specified in the First Schedule.
In addition to the market value of the land provided under section 26, the Collector shall award an
amount calculated at the rate of 12% per annum on such market value for the period commencing from
the date of the publication of the notification of the Social Impact Assessment study under section 4(2), till
the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.
CASES
17. CONSTITUTIONALITY OF THE LAND REFORMS LEGISLATION.

A Land Reforms Legislation has included in the IX Schedule 2009. Can its validity be challenged on the
ground of violation of fundamental rights? (July-19, Aug-18, & May-15).
ISSUE:
Can a land reform legislation after inclusion in 9th Schedule be challenged on its constitutionality? No
With the inclusion of 31A, 31B and 9th Schedule to the Constitution by the Ist Amendment in the year
1951, after the judgment in Kameshwar Singh vs. the State of Bihar, the land legislations of the various
States acquired Constitutionality.
RULE:
Article 31B in the Constitution of India 1949
31B. Validation of certain Acts and Regulations Without prejudice to the generality of the provisions
contained in Article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the
provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act,
Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any
provisions of this Part, and notwithstanding any judgment, decree or order of any court or tribunal to the
contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to
repeal or amend it, continue in force.
APPLICATION:
9th schedule along with Article 31A and 31B was added in 1951 through the First Amendment to the
Indian Constitution. It was meant to enact some new laws which were important to transform India into a
more egalitarian society. The amendment was the need of the hour as Sri Kameshwar Singh, Maharaja of
Darbhanga challenged the validity of the Bihar Land Reforms Act, (in the case of Kameshwar Singh v. The
State of Bihar) government’s decision to classify Zamindars into different categories for procuring their
land was criticized by the judiciary and it was a major setback as the Court stated that doing so was a
violation of Art. 14 that guarantees equal protection of laws to the citizens as such classification was
discriminatory.
To give constitutional validity to land reform laws, it had become necessary to bring the Amendment to
the Constitution. As a result, the Parliament inserted the following Articles and Schedule:
1. Article 31-A by the Constitution (First Amendment) Act, 1951 with retrospective effect,
2. Article 31-B validates all the Acts enacted by the States for the purpose of land reforms and tenancy.
3. Schedule – IX incorporates all such Acts and validates them.
CONCLUSION:
Hence, when any land reform legislation is kept under the 9th schedule of the Constitution, it does not
matter whether it violates the fundamental rights of a person or not, it gets constitutionality. This

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provision restricted the rights of the judiciary and on other hands, increased the power of the legislature.
Hence, it started the conflict between the judiciary and the government.
18. PROCEDURE FOR ACQUIRING LAND UNDER THE LAND ACQUISITION ACT, 2013 (FOR PUBLIC PURPOSE).
A. The Government of Telangana State proposed to acquire wet agricultural lands from farmers in
order to allot those lands to the Airport. A farmer wants to challenge it. Advise him. (July-2019).
B. ‘A’, the owner of 3 acres agricultural land objected to the land acquisition taken by government
authorities that his livelihood would be effected and he had no other means. Can he succeed
against the government? Decide. (May-2017).
C. State Government acquired an agricultural land belonging to Zamindar (private person) to
construct a hospital. Zamindar wants to challenge it in the Court of Law. Discuss its validity.
(May-2015).
D. The Government issued a Section 4 notification for acquisition of A’s land under the Land
Acquisition. However, the objections raised against such acquisition proposal were not considered
by the Land Acquisition Officer who issued a declaration of acquisition. Explain the remedies
available to ‘A’. (June-2014).
ISSUE:
Is the land acquisition for the airport comes under ‘public purpose’? Yes.
Can the Government take acquire wetland? Yes.
RULE:
Resettlement Act, 2013, the provisions of this Act relating to land acquisition, compensation,
rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its own
use, hold and control, including for Public Sector Undertakings and for a public purpose.
Section 10(1) Irrigated multi-cropped land shall not be acquired under this Act.
Provided that the provisions of this section shall not apply in the case of projects that are linear in
nature such as those relating to railways, highways, major district roads, irrigation canals, airports etc..
APPLICATION:
In Maheswar Bharati v State of Assam, it has been observed that the expression ‘public purpose’ has been
interpreted to include ‘a purpose i.e. an object or aim, in which the general interest of the community, as
0pposed to the particular interest of individuals, is directly and vitally concerned. All that is necessary is
that it should serve the general interest of the community.
CONCLUSION:
In the given case the acquisition is for the airport and which is a public purpose hence the acquisition is
lawful.
19. ACQUIRING PRIVATE LAND FOR A FACTORY OF A MNC/SEZ.

A. A private land was acquired by the Government for establishment of a factory by a multinational
corporation. Is such acquisition valid? Discuss (June-2014).
B. The Government of A.P. issued notification for acquisition of agricultural land for construction of
factory by a foreign company. The local political leaders raised objection. Discuss. (July-2012).
C. The Government of A.P. acquired a private land for the establishment of a Special Economic Zone
(SEZ) by a well-known business group. Can that purpose be considered as Public Purpose? (Aug-
2013).
ISSUE;

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Can a private land be acquired for private purpose? Yes.
RULE:
Resettlement Act, 2013, provisions of this Act relating to land acquisition, consent, compensation,
rehabilitation and resettlement, shall also apply, when the appropriate Government acquires land for the
following purposes, namely:--
(a) for public private partnership projects, where the ownership of the land continues to vest with the
Government, for public purpose as defined in sub-section (1);
(b) for private companies for public purpose, as defined in sub-section (1):
Provided that in the case of acquisition for
(i) private companies, the prior consent of at least eighty per cent, of those affected families, as defined
in sub-clauses (i) and (v) of clause (c) of section 3; and
(ii) public private partnership projects, the prior consent of at least seventy per cent. of those affected
families, as defined in sub-clauses (i) and (v) of clause (c) of section 3,
shall be obtained through a process as may be prescribed by the appropriate Government:
Provided further that the process of obtaining the consent shall be carried out along with the Social
Impact Assessment study referred to in section 4.
APPLICATION:
 The term “Private Company” was changed to “Private Entity” to encompass other forms of
companies like proprietorship, partnership, corporation, non-profit organisations and other non-
governmental entities.
 The Consent of 80% of land-owners concerned was needed for acquiring land for private projects
and 70% of land-owners for public-private projects (P.P.P).
CONCLUSION:
In the given case the private land can be acquired for establishment of a private factory and the consent of
80% landholders is required against 70% for a public purpose.
20. MORTGAGE OF ASSIGNED LAND/SELLING OF ASSIGNED LAND.

A. The Government of A.P. has given 2 acres land adjacent to the city for the landless agricultural
poor for farming. The farmer converted that land into house sites. Is it valid? (May-2015).
B. ‘A’, a landless poor was assigned two acres of agricultural land by the government. He wants to
sell one acre out of it for performing the marriage of his daughter. Can he do it legally? Explain.
(June-2014).
C. An assigned land was mortgaged by the assignee to raise loan for personal purpose. Is such
mortgage valid? (Aug-2013).
D. The Government has given 1 acre of land adjacent to the city for the landless agricultural poor for
farming. The farmer converted that land into house sites. Is it valid? (July-2012).
ISSUE:
Can assigned land/house sites be sold? No, the sale is null and void.
RULE:
As per Section 2(1) of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977, “assigned
lands” means lands assigned by the Government to the landless poor persons under the rules for the time
being in force, subject to the condition of non-alienation and includes lands allotted or transferred to
landless poor persons under the relevant law for the time being in force relating to land ceilings; and the
word “assigned” shall be construed accordingly;

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Section 2(6) “transfer” means any sale, gift, exchange, mortgage with or without possession, lease or
any other transaction with assigned lands, not being a testamentary disposition and includes a charge on
such property or a contract relating to assigned lands in respect of such sale, gift, exchange, mortgage,
lease or other transaction.
Section 3(1) Where, before or after the commencement of this Act any land has been assigned by the
Government to a landless poor person for purposes of cultivation or as a house-site then, notwithstanding
anything to the contrary in any other law for the time being in force or in the deed of transfer or other
document relating to such land, it shall not be transferred and shall be deemed never to have been
transferred; and accordingly, no right or title in such assigned land shall vest in any person acquiring the
land by such transfer.
(2) No landless poor person shall transfer any assigned land, and no person shall acquire any assigned
land, either by purchase, gift, lease, mortgage, exchange or otherwise.
(3) Any transfer or acquisition made in contravention of the provisions of sub-section (1) or sub-section (2)
shall be deemed to be null and void.
APPLICATION:
In G.Surya Kumari v. Mandal Revenue Officer, it has been observed that the definition of ‘transfer’ is so
sweeping that it takes all kinds of transaction of sale, gift, exchange, even a simple mortgage without
possession, lease or any other transaction with assigned lands including that of charge on such property or
a contract relating to the sale, gift, exchange, mortgage, lease or other transactions. Nothing is left out of
this definition of transfer excepting testamentary disposition i.e., a will.
CONCLUSION:
Any transfer of assigned land is null and void and attracts penal provisions as below
Section 7(1) of the Act, Whoever acquires any assigned land in contravention of the provisions of sub-
section (2) of section 3 shall be punished with imprisonment which may extend to six months or with fine
which may extend to two thousand rupees or with both.
In the given case converting the assigned land into house sites is a contravention of the provision of the
said Act and null and void, and transferee will not get any rights on that transfer.
21. LAND GRABBING ACT.

A. A political party occupied lands belonging to the government and now wants to construct houses
for the weaker sections and distribute them free of cost. The police have registered a case against
the party for land grabbing. Decide (May-2017, May-2016).
B. ‘A’ encroached upon the neighbouring land belonging to ‘B’. Can ‘B’ initiate proceedings under the
A.P. Land (Prohibition) Act against ‘A’? (Aug-2013).
C. The Government of A.P. issued a notice for eviction for occupying wasteland. Is the notice valid?
(July-2012).
ISSUE:
Can a political party or any individual grab the land of Government/private? No, no one is allowed to grab
the land of others including Government, even though it is for distributing to weaker sections.
RULE:
As per the Telangana Land Grabbing (Prohibition) Act, 1982:
 Section 2(d) "land grabber" means a person or a group of persons who commits land grabbing and
includes any person who gives financial aid to any person for taking illegal possession of lands or
for construction of unauthorised structures thereon, or who collects or attempts to collect from
any occupiers of such lands rent, compensation and other charges by criminal intimidation, or who
abets the doing of any of the above-mentioned acts; and also includes the successors in interest.

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 Section 2(e) "land grabbing" means every activity of grabbing of any land (whether belonging to
the Government, a local authority, a religious or charitable institution or endowment, including a
wakf, or any other private person) by a person or group of persons, without any lawful
entitlement and with a view to illegally taking possession of such lands, or enter into or create
illegal tenancies or lease and licences agreements or any other illegal agreements in respect of
such lands, or to construct unauthorised structures thereon for sale or hire, or give such lands to
any person on rental or lease and licence basis for construction, or use and occupation, of
unauthorised structures; and the term "to grab land" shall be construed accordingly.
APPLICATION:
In Konda Lakshmana Bapuji v. Government of Andhra Pradesh, the Supreme Court has observed that
“land grabber” is:
1. A person who has taken unauthorisedly, unfairly, greedily, snatched forcibly, violently or
unscrupulously any land belonging to government or a local authority, a religious or charitable
institution or endowment, including a wakf or any other private person.
2. Without any lawful entitlement,
3. With a view to illegally taking possession of such lands, or enter or create illegal tenancies or lease
and licences agreements, or any other illegal agreements in respect of such lands or to construct
unauthorised structures thereon for sale or hire, or give such lands to any person on rental or
lease and licence basis for construction, or use and occupation of unauthorised structures,
4. A person who has given financial aid to any person for taking illegal possession of lands or for
construction of unauthorised structures thereon,
5. A person who is collecting or attempting to collect from any occupiers of such lands rent,
compensation and other charges by criminal intention,
6. A person who is abetting the doing of any of the above-mentioned acts,
7. A person who is the successor in interest of any such person.
CONCLUSION:
As discussed and defined above, land grabbing in any form is illegal and the given case also falls under
land grabbing and punishable under the below stated provision:
Prohibition of land grabbing:-
Section 4(1) No person shall commit or cause to be committed land grabbing.
(2) Any person who, on or after the commencement of this Act, continues to be in occupation, otherwise
than as a lawful tenant, of a grabbed land belonging to the Government, local authority, religious or
charitable institution or endowment including a wakf, or other private person, shall be guilty of an offence
under this Act.
(3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall on conviction, be
punished with imprisonment for a term which shall not be less than six months but which may extend to
five years, and with fine which may extend to five thousand rupees.
22. A TRIBAL SOLD HIS LAND TO A NON-TRIBAL.

A. A S.T. person intends to transfer his land situated in a region not declared as a scheduled area.
Can he transfer the said land by sale to non-tribal person? (Aug-2018).
B. ‘X’ a non-tribal purchased land from ‘Y’ a tribal and registered the same in his name. ‘Y’ wanted to
regain his land. Can he succeed? Decide (May-2017 & May-2016).
C. A scheduled tribe person intends to transfer his land situated in a region not declared as a
scheduled area. Can he transfer the said land by sale to non-tribal person? (May-2015).
ISSUE:
Can an S.T. person sell his land which is not situated in a Scheduled Area to a non-S.T.? Yes, he can.

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Is there any bar on transfer of land from an S.T. person to non-S.T. person, when the land is situated in a
non-scheduled area? No there is no bar under any law.
RULE:
As per Section 3 of the Telangana Scheduled Areas Land Transfer Regulation, 1959 Transfer of immovable
property by a member of a Scheduled Tribe. –
(1) (a) Notwithstanding anything in any enactment, rule or law in force in the Agency tracts any
transfer of immovable property situated in the Agency tracts by a person. Whether or not such
person is a member of a Scheduled Tribe, shall be absolutely null and void, unless such transfer is
made in favour of person, who is a member of a Scheduled Tribe or a society registered or deemed
to be registered under the Andhra Pradesh Co-operative Societies Act, 1964 (Act7 of 1964) which is
composed solely of members of the Scheduled Tribes.
As per Section 5 of the Transfer of Property Act, 1882, “Transfer of property” defined.— an act by which a
living person conveys property, in present or in future, to one or more other living persons, or to himself,
or to himself and one or more other living persons; and “to transfer property” is to perform such act. In
this section “living person” includes a company or association or body of individuals, whether
incorporated or not, but nothing herein contained shall affect any law for the time being in force relating
to transfer of property to or by companies, associations or bodies of individuals.
APPLICATION:
As per Section 3 of the Telangana Scheduled Areas Land Transfer Regulation, 1959 Act, any transfer of
immovable property situated in the Agency tracts belonging to a member of the scheduled tribe, shall be
absolutely null and void. The Act applies to the land/property which is situated or located in Agency
Tracts in the Districts of Adilabad, Warangal, Khammam, and Mahbubnagar. As the lands are in a region
not declared as a scheduled area.
CONCLUSION:
In the given case ‘A’, scheduled tribe person can transfer his land to a non-tribal person by sale and the
transfer is valid because the land is not situated in a scheduled area declared by the Government. And we
know that all the rules and regulations stipulated in the Indian Contract Act, 1872 and the Transfer of
Property Act, 1882 apply to all the immovable property transactions.
*****

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LAND LAWS Study Material-1

Semester 4 LandLaw Agmt 2 SUCL (Osmania University)

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Land Laws – 4th Semester

Harinath J, Radhakrishna ANV and Aravinda Reddy 1

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Land Laws – 4th Semester

LAND LAWS STUDY MATERIAL

SL IMPORTANT SHORT QUESTIONS RE

IMPORTANT LONG QUESTIONS

17 CONSTITUTIONALITY OF THE LAND REFORMS LEGISLATION 3

Harinath J, Radhakrishna ANV and Aravinda Reddy 2

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Land Laws – 4th Semester

PAPER-IV: LAND LAWS SYLLABUS

Harinath J, Radhakrishna ANV and Aravinda Reddy 3

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Land Laws – 4th Semester

Harinath J, Radhakrishna ANV and Aravinda Reddy 4

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Land Laws – 4th Semester

Harinath J, Radhakrishna ANV and Aravinda Reddy 5

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Land Laws – 4th Semester

3. ZAMINDARIS (ZAMINDARI SETTLEMENT).

Harinath J, Radhakrishna ANV and Aravinda Reddy 6

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Land Laws – 4th Semester

Advantages of the Zamindari System

Harinath J, Radhakrishna ANV and Aravinda Reddy 7

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Land Laws – 4th Semester

The disadvantage of the Zamindari system

4. RYOTWARY SETTLEMENT (SYSTEM).

5. IX SCHEDULE OF THE CONSTITUTION.

Harinath J, Radhakrishna ANV and Aravinda Reddy 8

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Land Laws – 4th Semester

Features of Article 31B

Harinath J, Radhakrishna ANV and Aravinda Reddy 9

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Land Laws – 4th Semester

6. DEFINE URBAN LAND AND WHAT IS URBAN LAND CEILING.

7. LAND GRABBING ACT.

Harinath J, Radhakrishna ANV and Aravinda Reddy 10

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Land Laws – 4th Semester

Instances of Public Purpose:

Harinath J, Radhakrishna ANV and Aravinda Reddy 11

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Land Laws – 4th Semester

Public Purpose includes the following aims:

Harinath J, Radhakrishna ANV and Aravinda Reddy 12

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Land Laws – 4th Semester

Meaning of Land Reforms:

Objectives of Land Reforms:

1. Restructuring of agrarian relations to achieve an egalitarian structure;

Measures of Land Reforms:

Harinath J, Radhakrishna ANV and Aravinda Reddy 13

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Land Laws – 4th Semester