Land Laws - Post Mid Sem
Land Laws - Post Mid Sem
Land Laws - Post Mid Sem
Section 124: Construction of boundary marks of villages and survey numbers or plot
numbers.
- Boundaries of all villages shall be fixed and demarcated by permanent boundary
marks.
- The state government may, in respect of any village by notification, order that the
boundaries of all survey numbers or plot numbers shall also be fixed and demarcated
by boundary marks.
- Such boundary marks shall be of such specification and shall be constructed and
maintained in such manner as may be prescribed.
- Where the rules prescribed boundary marks of a specification different from that
prevailing in any village, the new specification shall not be enforced in such village
except upon application to a Tahsildar made by not less than half the number of
holders of land in village. When such application is made, the Tahsildar shall have
new boundary marks constructed throughout the village and shall distribute the cost
thereof proportionately among the holders of land in the village. The share of each
holder shall be recoverable as an arrear of land revenue.
- Every holder of land shall be responsible for the maintenance and repair of the
permanent boundary and survey marks erected thereon.
Section 125: Disputes regarding boundaries between villages, survey number and plot
numbers.
All disputes regarding boundaries of villages, survey numbers and plot numbers where
such boundaries have been fixed under the provisions of Section 124, shall be decided by
the Tahsildar after local enquiry at which all persons interested shall have an opportunity
of appearing and producing evidence.
Section 126: Ejectment of persons wrongfully in possession
- When a boundary has been fixed under the provisions of Section 124, the Tahsildar
may summarily eject any person who is wrongfully in possession of any land which
has been found not to appertain to his holding or to the holding of any person through
or under whom he claims.
- Where any person has been ejected from any land under the above provision, he may,
within the period of one year from the date of the ejectment, institute a civil suit to
establish his title thereto. Provided that the Tehsildar, or any Revenue Officer as such,
shall not be made a party to such suit.
- The tahsildar may at any time make an order for re-distribution of land revenue
which, in his opinion, should be made as a result of the decree in a civil suit instituted
under the above provision and such redistribution shall take effect from the beginning
of the revenue year following the date of the order.
Section 127: Demarcation and Maintenance of Boundary lines.
- Every holder of the land adjoining a village road, village waste or land reserved for
communal purposes, shall at his own cost and in the manner prescribed.
1. Demarcate the boundary between his land and village road, village waste or
land reserved for communal purposes adjoining it by boundary marks.
2. Repair and renew such boundary marks from time to time.
- If the holder fails to demarcate the boundary or to repair or renew the boundary
marks, the Tahsildar may, after such notice as he deems fit, cause the boundary to be
demarcated and the boundary marks to be repaired or renewed and may recover the
cost incurred as an arrear of land revenue.
- In the event of any dispute regarding the demarcation of the boundary or the
maintenance of the boundary marks in proper state of repair, the matter shall be
decided by the Collector whose decision shall be final.
Section 128: Enforcement of repair of boundary or survey marks.
- After the end of November in each year the Patel of the village shall give written
notice to every holder on whose land the boundary or survey marks are defective
calling upon him to put them into proper repair before the first day of March
following.
- After the first day of March in any year, the Tahsildar or any other Revenue officer
empowered to act may cause any defective boundary or survey marks to be property
repaired and shall recover the costs of such repair from the holder or holders
responsible for the maintenance of such boundary or survey marks, together with a
penalty which may extend to 1000 for every boundary mark so repaired. This will be
recoverable as arrear
Section 129: Demarcation of Boundaries of survey number or sub-division or plot
number
- The Tahsildar or any other Revenue officer empowered to act may, on the application
of a party interested, demarcate the boundaries of a survey number or of a sub
division or of a plot number and construct boundary marks thereon.
- The state government may make rules regulating the procedure to be followed by the
Tahsildar or any other Revenue officer in doing the above mentioned, and authorizing
the levy of fees from the holders of land in a demarcated survey number or sub
division or plot numbers.
Section 130: Penalty for destruction, injury or removal of boundary or survey marks.
- If any person willfully destroys or injures, or without lawful authority removes, a
boundary or survey mark lawfully constructed, he may be ordered by the Tahsildar or
any other Revenue Officer empowering to act to pay such fine, not exceeding 5000
for each mark so destroyed, injured or removed, as may, in the opinion of the
Tahsildar or any other Revenue Officer empowered to act be necessary to defray the
expense of restoring the same and of rewarding the informant.
Section 131: Rights of way and other private easements.
- In the event of a dispute arising as to the route by which a cultivator shall have access
to his fields or to the waste or pasture lands of the village, otherwise than by the
recognized roads, paths or common land, including those road and paths recorded in
the village Wajib-ul-arz prepared under 242 or as to the source from or course by
which he may avail himself of water, a Tahsildar may, after local enquiry, decide the
matter with reference to the previous custom in each case and with due regard to the
conveniences of all the parties concerned.
Section 132: Penalty for obstruction of way, etc
Any person who encroaches upon, or causes any obstruction to the use of a recognized
road, path or common land of a village including those raods and paths recorded in the
village Wajib-ul-arz ow who disobeys the decision of a Tahsildar under 131, shall be
liable under the written order of a tahsildar stating the facts and circumstances of the
case, to a penalty which may extend to 10000.
Section 133: Removal of obstruction
If a Tahsildar finds that any obstacle impedes the free use of a recognized road, path or
common land of a village or impedes the road or source of water which has been the
subject of a decision under 131, he may order the person responsible for such obstacle to
remove it and if such person fails to comply with the order, he may cause the obstacle to
be removed and may recover from such person the cost of removal thereof and such
person shall be liable, under the written orders of Tahsildar stating the facts and
circumstances of the case, to a penalty which may extend to 10000.
Section 134: Execution of bond for abstaining from repetition of certain acts.
Any person who encroaches upon or causes any obstruction under 131, 132, 133 may be
required by the Tahsildar to execute a personal bond for such sum not exceeding 500
rupees, as he may deem fit, for abstaining from repetition of such act.
Section 135: Acquisition of land for road, paths etc.,
- If, on the application of the villagers or otherwise, the Collector is, after enquiry
satisfied that it is expedient to acquire any land for the purpose of providing a road
not exceeding 10 feet cart track of path for the use of the village community in such
village, he may call upon the residents of the village to deposit the amount of
compensation, payable in respect of such land within a specified period. On such
deposit being made the Collector may, by order published in the prescribed manner,
acquire such land and upon the making of such order, such land shall vest absolutely
in the State Government.
- Any person claiming any interest in any such land may within period of one year
from the date of vesting under the above provision make an application to the
Collector for compensation in respect of his interest.
- The compensation payable in respect of such land shall be 15 times the land revenue
assessed or assessable thereon.
CHAPTER XI: REALISATION OF LAND REVENUE
- Necessary wearing apparel, cooking vessels, beds and bedding of the defaulter, his
wife and children, and such personal ornaments, as, in accordance with the religious
usage, cannot be parted with by any woman.
- Tools of artisans and, if the defaulter is an agriculturist, his implements of husbandry,
except an implement driven by mechanical power and such cattle and seed as may, in
the opinion of the Tehsildar, be necessary to enable him to earn his livelihood as
such.
- Articles set aside exclusively for the use of religious endowments.
- House and other buildings (with the materials and the sites thereof and the land
immediately appurtenant thereto and necessary for the enjoyment) belonging to an
agriculturist and occupied by him.
There can be no attachment and sale of holding where the defaulter holds-
- Six hectares or less than six hectares of land in the Scheduled Area; or
- Four hectares or less than four hectares of land in other areas.
S. 148: Costs recoverable as part of arrear
- The cost of serving a notice of demand under Section 146 or of issuing and enforcing
any process in Section 147 shall be recoverable as part of the arrear in respect of
which the notice was served or the process was issued.
S. 149: Enforcement of processes in other districts
- The process specified in section 147 may be enforced either in the district in which
the default has been made or in any other district.
S. 150: Payment under protest and suit for recovery
- If proceedings are taken under this Chapter against any person for the recovery of any
arrear of land revenue, he may, at any time before the property is knocked down at a
sale, pay the amount claimed and may, at the same time, deliver a protest signed by
himself or by his authorized agent to the Revenue Officer taking such proceedings
and thereupon they shall be stayed.
- Any person complying with the provision of sub section (1) may, notwithstanding
anything contained in Section 145, apply to the Sub-Divisional Officer that nothing
was due or that the amount due was less than the amount for the recovery of which
proceedings were taken and the Sub-Divisional Officer shall decide the objection so
raised.
- No appeal shall lie against the order of the Sub Divisional Officer passed under sub
section (2) but the person concerned may institute a civil suit for the recovery of the
sum or part thereof paid under protest.
S. 151: Application of proceeds of sale
- The proceeds of every sale under this Chapter shall be applied, firstly, in satisfaction
of the arrears on account of which the sale was held and of the expenses of such sale,
secondly, to the payment of any arrears of ceases due by the defaulter under any law
for the time being in force in the region concerned, thirdly, to the payment of any
other arrears payable to the State Government by the defaulter, and fourthly to the
payment of any arrears due by the defaulter to a Co-operative society, and the surplus,
if any shall then be payable to him, or where there are more defaulters than one, to
such defaulters according to their respective shares in the property sold.
- Provided that the surplus shall not be paid to the defaulter or defaulters until after the
expiry of two months from the date of the sale in case of movable property from the
date of the confirmation of sale in the case of immovable property.
S. 152: Land sold for arrears to be free from encumbrances
- Unless the SDO otherwise directs, the purchaser of the land sold for arrears of land
revenue due in respect thereof, shall acquire it free of all encumbrances imposed on it,
and all grants and contracts made in respect of it, by any person other than the
purchaser.
- Any transfer, grant or contract in respect of trees or the produce of trees which are or
at any time have been the property of the Bhumiswami of the land in which it stand,
shall be deemed to be a grant or contract made in respect of such land.
S. 153: Purchaser’s title
- Where immovable property is sold under the provisions of this chapter and such sale
has become absolute, the property shall be deemed to have vested in the purchaser
from the time when the property is sold and not from the time when the sale becomes
absolute.
S. 154: Purchaser not liable for land revenue due prior to sale
- The person named in the certificate of purchase shall not be liable for land revenue
payable in respect of the land for any period previous to the date of the sale.
S. 154-A: Powers of the Tehsildar to let out the holding in respect of which arrear is due
or any other holding of the defaulter
- Where the arrear of land revenue is due in respect of a holding or where any money is
recoverable in the same manner as an arrear of land revenue under 155, the Tehsildar
may, notwithstanding anything contained in this code, after attachment of holding as
provided for under section 147, let out the holding on which arrear is due or any other
holding belonging to the defaulter which is used for the purpose of agriculture to any
person other than the defaulter for a period not exceeding ten years commencing from
the first day of agricultural year next following upon such terms and condition as the
Collector may fix. Provided that the holding attached for the recovery of dues of a
cooperative society shall be let out for a period not exceeding 10 years.
Provided further that any land of a holding of Bhumiswami belonging to a member of
tribe which has been declared to be an aboriginal tribe under 165(6), shall not be let
out to any person other than a member of such tribe.
- Nothing in this section shall affect the liability of any person who may be liable under
this Code for the payment of the arrears of land revenue or of any money recoverable
in the same manner as an arrear of land revenue under 155.
- Upon the expiry of the period of lease the holding shall be restored to the person
concerned free of any claim on the part of the State Government for the arrears in
respect of such holding or free of any claim on the part of the State Government or
any other authority whatsoever for the moneys recoverable in the same manner as an
arrear of land revenue under 155 for the satisfaction where of the same was let out.
Provided that nothing shall apply to the holding attached and let our for the recovery
of the dues of a cooperative society where the dues for satisfaction were of the same
was let out are not fully satisfied on the expiry of the period of lease.
Section 155: Moneys recoverable as an arrear of land revenue
The following moneys may be recovered, as far as may be under the provisions of this
Chapter in the same manner as an arrear of land revenue.
- Except such charge as are included in the land revenue under 58(2), all rents,
royalties, water rates, cesses, fees, charges, premia, penalties, fines and cost payable
or leviable under this Code or any other enactment for the time being in force.
- All moneys failing due to the State Government under any grant, lease or contract
which provides that they shall be recoverable in the same manner as an arrear of land
revenue.
- All moneys guaranteed by the State government to the extent of amount guaranteed
under a contract of guarantee which provides that they shall be recoverable in the
same manner as an arrear of land revenue.
- All sums declared by this Code, or any other enactment for the time being in force to
be recoverable in the same manner as an arrear of land revenue.
- Any sum ordered by a liquidator appointed under any law relating to cooperative
societies in force for the time being in any region of the State to be recovered as a
contribution to the assets of a society or as the cost of liquidation.
Provided that no action shall be taken unless such application is accompanied by a
certificate signed by the Registrar appointed under such law that the sum should be
recovered as an arrear of land revenue.
- All moneys becoming payable to the State Agro-Industries Development Corporation
Limited
1. On account of penalty, cost of agricultural implements or other materials sold
by the Corporation to agriculturists for the purpose of agriculture or
improvement of land or otherwise, under any agreement of sale of such
implements or materials by the said corporation.
2. In repayment of any loan advanced by the said Corporation or of any amount
due to the said Corporation under any lease, contract, or agreement with or
any other dealing of the said corporation.
- All moneys becoming payable to the Madhya Pradesh Laghu Udyog Nigam Limited
and the Madhya Pradesh Audyogik Vikas Nigam Limited.
- All moneys becoming payable to the Chhattisgarh Lift Irrigation Corporation
Limited.
Section 156: Recovery of moneys from surety
Every person who may have become a surety under any of the provisions of this Code or
under any other enactment or any grant, lease or contract where under the sum secured is
recoverable from the principal as an arrear of land revenue shall, on failure to pay the
amount or any portion thereof which he may have become liable to pay under the terms
of his security bond, be liable to be proceeded against under the provisions of this Code
in the same manner as for an arrear of land revenue.
EPIROLHBH: Every
Person in respect of
land held by him
A Ruler of an Indian State forming part of the State of MP who, at the time of coming
into force of this Code, was holding land or was entitled to hold land as such Ruler by
virtue of the covenant or agreement entered into by him before the commencement of
Constitution, shall as from the date of coming into force of this Code, be a Bhumiswami
of such land under this Code.
Every person who is holding land in Bhumiswami right by virtue of a lease granted to
him by the State Government or the Collector or the Allotment Officer on or before the
commencement of the Land Revenue Code.
To whom land is allotted in Bhumiswami right by the State Government or the Collector
or the Allotment Officer after the commencement of the Chhattisgarh LRC.
Provided that no such person shall transfer such land within a period of ten year from the
date of lease or allotment.
If any reduction is ordered, such reduction takes effect from the commencement of the
revenue year next following the order.
If the cause for which revenue has been reduced subsequently ceases or is removed, the
Collector may, after giving the Bhumiswami a reasonable opportunity of being heard,
make an order directing that such reduction shall cease to be in force and on such order
being passed, the reduction shall stand revoked from the commencement of the revenue
year next following the date of the order.
Mortgage
Land Ceiling
- In favour of any person who shall as a result of the transfer become entitled to land
which together with the land if any, held by himself or by his family will in the
aggregate exceed such ceiling limits as may be prescribed.
- Provided that nothing above mentioned shall apply
1. In the case of transfer in favour of an institution established for a public,
religiour or charitable purpose or a transfer for industrial purpose or a transfer
by way of a mortgage.
If such land is to be diverted to a non agricultural purpose, the permission of
the SDO under section 172 is obtained prior to such transfer. Furthermore,
there shall not be further transfer of land transferred for industrial purpose.
2. In the case of transfer in favour of cooperative society for industrial purpose
or a transfer by way of mortgage subject however, to the condition that no
mortgage for agricultural purposes shall authorize sale for recovery of an
advance in contravention of section 147.
3. In the case of transfer of land held for non-agricultural purposes.
For the purpose of this sub section, a person’s family shall consist of the person
himself, the minor children and the spouse of such person living jointly with him
and if such person is a minor then his parents living jointly with him.
Bonafide agriculturist.
Bhumiswami shall not transfer his land held for agriculture to any person who is not a bonafide
agriculturist. The expression transfer shall not include the following, namely:
Land Ceiling 2
Nothing in the above shall apply in the case of a cooperative society where any land is to sold in
execution of a decree or order passed in favour of such society after exhausting the procedure
prescribed in Section 154 A.
1. In such areas as are predominantly inhabited by aboriginal tribe and from such date as the
State Government may, by notification, specify, not be transferred nor it shall be
transferrable either by way of sale or otherwise or as a consequence of transaction of loan
to a person not belonging to such tribe in the area specified.
2. In areas other than those specified in the notification, not to be transferred or transferable
either by way of sale or otherwise or as a consequence of transaction of loan to a person
not belonging to such tribe without the permission of a Revenue Officer not below the
rank of Collector, given for reasons to be recorded in writing.
The above mentioned shall not apply in the case of land acquired under LARR act, 2013.
(6a) The right of a Bhumiswami other than a Bhumiswami belonging to a tribe which has been
declared to be an aboriginal tribe, in the land excluding the agricultural land shall not be
transferred or be transferable by way of sale or otherwise or as a consequence of transaction of
loan to a person not belonging to aboriginal tribe without the permission of the Collector given
for reasons to be recorded in writing.
The collector shall in passing an order under above granting or refusing to grant permission shall
have due regard to the following:
1. Whether or not the person to whom land is being transferred is a resident of the
Scheduled Area.
2. The purpose to which land shall be or is likely to be used after the transfer.
3. Whether the transfer serves, or is likely to serve or prejudice the social, cultural and
economic interest of the residents of the Scheduled Area.
4. Whether the consideration paid is adequate.
5. Whether the transaction is spurious or benami.
6. Such other matters as may be prescribed.
On refusal to grant the permission under 6a if in possession of the land shall vacate the
possession forthwith and restore the possession thereof to the original Bhumiswami. If the
Bhumiswami fails or is unable to take possession of the land of which the right of possession
stands restored to him, the collector shall cause the possession of the land to be taken and caused
the land to be managed on behalf of the Bhumiswami subject to such terms and conditions as
may be prescribed till such time as the original Bhumiswami enters upon his land.
Something
Where the area of land comprised in a holding or if there be more than one holding, the
aggregate area of all holdings of a Bhumiswami is in excess of five acres of irrigated or ten acres
of unirrigated land, then only so much area of land in his holding or holdings shall be liable to
attachment or sale in execution of any decree or order is in excess of five acres of irrigated or ten
acres of unirrigated land.
No land comprised in a holding of a Bhumiswami belonging to a tribe which has been declared
to be an aboriginal tribe shall be liable to be attached or sold in execution of any decree or order.
No receiver shall be appointed to manage the land of a Bhumiswami under Section 51 of CPC.
Nothing in the above mentioned shall apply where a charge has been created on the land by a
mortgage.
A person who holds land from the State Government or a person who holds land in Bhumiswami
rights under 158(3) or whom right to occupy land is granted by the State Government or the
Collector as a Government lessee who subsequently becomes Bhumiswami of such land, shall
not transfer such land without the permission of the revenue officer, not below the rank of a
Collector.
Nothing shall prevent a Bhumiswami from transferring any right in his land by way of mortgage
to secure payment of an advance made to him by cooperative society subject to the condition that
the land shall not be sold to secure recovery without exhausting 154A; or affect the right of any
such society to secure recovery of an advance made to him, in accordance with 154A
Nothing in this section shall invalidate any transfer which was validly made; or validate any
transfer which was invalidly made before the coming into force of this code.
the grant of a right merely to cut grass or to graze cattle or to grow ‘singhara’ or to
propagate or collect lac, pluck or collect tendu leaves shall not be deamed to be a lease.
Whereas any arrangement whereby a person cultivates any land of a Bhumiswami with
bullocks belonging to or procured by such person (lessee) and on condition of his giving
a specified share of the produce of the land to the Bhumiswami shall be deemed to be a
lease.
A Bhumiswami who is
- Widow
- An umarried woman
- A married woman who has been deserted by her husband
- A minor
- A person subject to physical or mental disability due to old age or otherwise.
- A person detained or imprisoned under any process of law
- A person in the service of the Armed Forces of the Union
- Public, charitable or religious institution
- A local authority or a cooperative society
May lease the whole or any part of his holding. Provided that where a holding is held
jointly by more than one person the provisions of this sub section shall not be applicable
unless all such persons belong to any one or more of the classes aforesaid. Also, any lease
made in pursuance of this sub section shall cease to be in force after one year of the
determination of the disability by death or otherwise.
Where a lease is granted in pursuance of the above provision, the lessee shall hold the
land on such terms and conditions as may be agreed upon between him and the
Bhumiswami and may be ejected by an order of the SDO on the application of the
Bhumiswami on the ground of contravention of any material term or condition or the
lease or on the lease ceasing to be in force.
Wishes to divert his holding or any part thereof to any other purpose except agriculture,
he shall apply for permission to the Competent Authority who may subject to the
provisions of this section refuse permission or grant it on such conditions as he may think
fit.
Should the Competent Authority neglect or omit for three months after the receipt of an
application under the above section to make and deliver to the applicant an order of
permission or refusal in respect thereof, and the applicant has by written communication
called the attention of the Competent authority to the omission or neglect and such
omission or neglect continues for a further period of six months, the competent authority
shall be deemed to have granted the permission without any conidition.
If a Bhumiswami of a land, which is reserved for a purpose other than agriculture in the
development plan but is used for agriculture, wishes to divert his land or any part thereof
to the purposes for which it is reserved in the development plan, or land or any part
thereof which is assessed for agricultural purpose and situated in any area other than an
area covered by development plan to the purpose of industry, a written information of his
intention, given by Bhumiswami to the Competent authority shall be sufficient and no
permission is required for such diversion.
It shall be compulsory to establish micro, small and medium industries within a period of
three years and within a period of five years in case of major industries, from the date of
notice of diversion of land diverted for industrial purpose. If production after
establishment does not start within above mentioned specified period then diversion shall
automatically be deemed to have become void.
If a competent authority undertakes the work of regularization of illegal colon, the land of
which is not diverted, then the land subject to the provisions of the development plan,
shall be deemed to have been diverted and such land shall be liable for premium and
revised land revenue.
Permission to divert may be refused by the Competent authority on the ground that the
diversion is likely to cause a public nuisance,, or the Bhumiswami is unable or unwilling
to comply with the next mentioned conditions. Conditions may be imposed on diversion
for the following objects and no other, namely, in order to secure the public health, safety
and convenience, and in the case of land which is to be used as building sites. In order to
secure in addition that the dimensions, arrangement and accessibility of the sites are
adequate for the health and convenience of occupiers or are suitable to the locality.
If any land has been diverted without permission by the Bhumiswami or by any other
person with or without the consent of the Bhumiswami the Competent Authority on
receiving information thereof, may impose on the person responsible for the diversion a
penalty not exceeding one thousand rupees and may proceed as if an application for
permission to divert has been made.
If any land has been diverted in contravention of an order passes or of a condition
imposed under any of the foregoing sub sections, the competent authority may serve a
notice on the person responsible for such contravention, directing him, within a
reasonable period to be stated in the notice, to use the land for its original purpose or to
observe the condition and such notice may require such person to remove any structure,
to fill up any excavation, or to take such steps as may be required in order that the land
may be used for its original purpose, or that the condition may be satisfied.
If any person served with the notice mentioned above fails within the period stated in the
notice to take the steps ordered by the Competent Authority under that sub section the
Competent Authority may himself take such steps or cause them to be taken and any cost
incurred in so doing shall be recoverable from such person as if it were an arrear of land
revenue.
Provided that no order for ejectment of a Government lessee under this sub section shall
be passed without giving him an opportunity of being heard in his defence.
Shall be called an occupancy tenant and shall have all the rights and be subject to such liabilities
conferred or imposed upon an occupancy tenant by or under this Code.
Where such land is exempt from payment of land revenue under Section 58A, the
maximum rent aforesaid shall be reduced by the amount of land revenue so exempted
under the said section.