Classification Of Land

The earth can be divided into the following broad climatic zones:

1. Polar and subpolar zone

2. Temperate zone
3. Subtropical zone
4. Tropical zone

AUTHORITY TO RECLASSIFY LANDS; PRIMARY,

SECONDARY
 Under it, land in India is now classified under nine different categories, viz., (i) forests, (ii) barren
and unculturable land, (iii) land put to non- agricultural uses, (iv) culturable wastes, (v) permanent
pasture and other grazing land; (vi) miscellaneous tree crops and groves not included in the net area
own, (vii) current fallows ; (viii) other fallows; and (ix) net area sown.
Changes in Land Use Patterns:
Significant spatial and temporal changes have been noted in the land use pattern in India. Though radical changes
have occurred in all parts of India, the changes in agricultural land use are substantial in areas where the green
revolution has been successful. In 1951-52, the net area sown was 119.4 million hectares; in 2006-07, it was more
than 141 million hectares.

However, there is a slight decline from the 1990s. Forest cover had increased from about 14 per cent of land cover
in 1951-52 to more than 23.5 per cent in 2006-07. This increase in forest cover just means an increase within the
demarcated area for forests. There has been a rise in the area that is double- cropped and multiple-cropped.
Agricultural land use has recorded substantial changes; the area under wheat and rice has increased while that
under pulses, millets and fodder has reduced.

Wastelands are degraded land—under-utilised and suffering from lack of proper soil and water management—
brought under vegetative cover with reasonable effort.

As the economy grows, land use patterns also change. As a result, land is being put to use in areas other than
agricultural. Agricultural land is increasingly being used for building purposes, especially around urban areas. So
too, pastureland is declining as a result of pressure from agriculture.

Kinds of Ownership

o Vested and Contingent Ownership:-
o Corporeal and incorporeal Ownership:-
o Trust and Beneficial Ownership:-
o Legal and Equitable Ownership:-
o Sole Ownership and Co-ownership:-
o Absolute and limited ownership

Absolute and limited ownership:-

                                                          An absolute owner is the one who is 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 called absolute. And limited
ownership means when there are restrictions as to user, duration or disposal.
          For example, before the enactment of the Hindu Succession Act, 1956, a woman had only
limited ownership over the property because she held the property just 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 a property is held only for life.

Eminent domain
Definition : The property of subjects is under the eminent domain of the state, so that the state or those who act for it
may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private
persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil
society must be supposed to have intended that private ends should give way. But, when this is done, the state is
bound to make good the loss to those who lose their property.
The exercise of eminent domain is not limited to real property. Condemnors may also take personal property, [6]
[where?]
 even intangible property such as contract rights, patents, trade secrets, and copyrights.[7] Even the taking of
a professional sports team's franchise has been held by the California Supreme Court to be within the purview of the
"public use" constitutional limitation, although eventually,

The power of a state, provincial, or national government to take private property for public use. It does not 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. [3] 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.[4]
The most common uses of property taken by eminent domain have been for roads, government buildings and public
utilities. Many railroads were given the right of eminent domain to obtain land or easements in order to build and
connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the
government could take the property and transfer it to a private third party for redevelopment. This was initially done
only to a property that has been deemed "blighted" or a "development impediment", on the principle that such
properties had a negative impact upon surrounding property owners, but was later expanded to allow the taking of any
private property when the new third-party owner could develop the property in such a way as to bring in increased tax
revenues to the government.

necessarily vest in the

Government by escheat or as
bona
vacantia.”
It is not only the tangible property
that comes within the ambit of
Doctrine of Escheat or bona
vacantia. The word ‘property’,
when
used without any qualification or
limitation, as above, is a term of
the widest import.
State of Bihar & Ors. v.
Sri Radha Krishna Singh
& Ors. AIR 1983 SC
684
The Supreme Court has
observed thus: “It is well
settled that
when a claim of escheat is put
forward by the Government the
onus lies heavily on the appellant
to prove the absence of any
heir of the respondent anywhere
in the world. Normally, the court
frowns on the estate being taken
by escheat unless the essential
conditions for escheat are fully
and completely satisfied. Further,
before the plea of escheat can be
entertained, there must be a
public notice given by the
Government so that if there
is any
claimant anywhere in the country
or for that matter in the world,
he may come forward to contest
the claim of the State.”
necessarily vest in the
Government by escheat or as
bona
vacantia.”
It is not only the tangible property
that comes within the ambit of
Doctrine of Escheat or bona
vacantia. The word ‘property’,
when
used without any qualification or
limitation, as above, is a term of
the widest import.
State of Bihar & Ors. v.
Sri Radha Krishna Singh
& Ors. AIR 1983 SC
684
The Supreme Court has
observed thus: “It is well
settled that
when a claim of escheat is put
forward by the Government the
onus lies heavily on the appellant
to prove the absence of any
heir of the respondent anywhere
in the world. Normally, the court
frowns on the estate being taken
by escheat unless the essential
conditions for escheat are fully
and completely satisfied. Further,
before the plea of escheat can be
entertained, there must be a
public notice given by the
Government so that if there
is any
claimant anywhere in the country
or for that matter in the world,
he may come forward to contest
the claim of the State.”
necessarily vest in the
Government by escheat or as
bona
vacantia.”
It is not only the tangible property
that comes within the ambit of
Doctrine of Escheat or bona
vacantia. The word ‘property’,
when
used without any qualification or
limitation, as above, is a term of
the widest import.
State of Bihar & Ors. v.
Sri Radha Krishna Singh
& Ors. AIR 1983 SC
684
The Supreme Court has
observed thus: “It is well
settled that
when a claim of escheat is put
forward by the Government the
onus lies heavily on the appellant
to prove the absence of any
heir of the respondent anywhere
in the world. Normally, the court
frowns on the estate being taken
by escheat unless the essential
conditions for escheat are fully
and completely satisfied. Further,
before the plea of escheat can be
entertained, there must be a
public notice given by the
Government so that if there
is any
claimant anywhere in the country
or for that matter in the world,
he may come forward to contest
the claim of the State.”
necessarily vest in the
Government by escheat or as
bona
vacantia.”
It is not only the tangible property
that comes within the ambit of
Doctrine of Escheat or bona
vacantia. The word ‘property’,
when
used without any qualification or
limitation, as above, is a term of
the widest import.
State of Bihar & Ors. v.
Sri Radha Krishna Singh
& Ors. AIR 1983 SC
684
The Supreme Court has
observed thus: “It is well
settled that
when a claim of escheat is put
forward by the Government the
onus lies heavily on the appellant
to prove the absence of any
heir of the respondent anywhere
in the world. Normally, the court
frowns on the estate being taken
by escheat unless the essential
conditions for escheat are fully
and completely satisfied. Further,
before the plea of escheat can be
entertained, there must be a
public notice given by the
Government so that if there
is any
claimant anywhere in the country
or for that matter in the world,
he may come forward to contest
the claim of the State.”
necessarily vest in the
Government by escheat or as
bona
vacantia.”
It is not only the tangible property
that comes within the ambit of
Doctrine of Escheat or bona
vacantia. The word ‘property’,
when
used without any qualification or
limitation, as above, is a term of
the widest import.
State of Bihar & Ors. v.
Sri Radha Krishna Singh
& Ors. AIR 1983 SC
684
The Supreme Court has
observed thus: “It is well
settled that
when a claim of escheat is put
forward by the Government the
onus lies heavily on the appellant
to prove the absence of any
heir of the respondent anywhere
in the world. Normally, the court
frowns on the estate being taken
by escheat unless the essential
conditions for escheat are fully
and completely satisfied. Further,
before the plea of escheat can be
entertained, there must be a
public notice given by the
Government so that if there
is any
claimant anywhere in the country
or for that matter in the world,
he may come forward to contest
the claim of the State.”
The Doctrine of Escheat
The expression "escheat" or "bona vacantia" has not been defined in the Escheats Act. However, the Escheats Act
having been enacted in terms of Article 296 of the Constitution, the expressions are to be understood in the sense in
which they have been used in Article 296 of the Constitution, set out hereinbelow for convenience:

296. Property accruing by escheat or lapse or as bona vacantia Subject as hereinafter provided any property in the territory of
India which, if this Constitution had not come into operation, 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 to 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 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 Explanation In the article, the expressions Ruler and
Indian State have the same meanings as in Article 363.

77. Article 296 does not leave any discretion for determination of what might constitute escheat or bona vacantia. Article 296
makes it clear that the principles applicable in this regard, prior to commencement of the Constitution of India, would
continue.

78. Law relating to bona vacantia provides for conservation of abandoned properties. The nature of the property to which the
Escheats Act applies must necessarily be abandoned property in the sense that there should be no claimants to the property,
as argued by Dr. Singhvi.

79. The question is, what exactly is "abandoned Property" or what property is "bona vacantia". In Bombay Dyeing
Manufacturing Co. Ltd. v. State of Bombay MANU/SC/0014/1957 : AIR 1958 SC 328, a Constitution Bench of this Court
while deciding the challenge to the constitutional validity of the Bombay Labour Welfare Fund Act (40 of 1953), observed
and held that the expression "abandoned property", or to use the more familiar term "bona vacantia", comprises properties of
two different kinds, those which come in by escheat and those over which no one has a claim. The relevant paragraph of the
judgment is extracted in the judgment of my esteemed sister.

80. Property is subject to the right of escheat, where upon intestacy, there is no heir. Escheat was a right, whereby land of
which there was no longer any tenant, returned by reason of tenure, to the lord by whom, or by whose predecessors in title,
the tenure was created.

Doctrine of Bona Vacantia

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.
Maintenance of land records
and issue of pattas and title
deeds
etc.
Maintenance of land record is a
generic term, and includes records
such as register of
land, record of right (ROR), tenancy
and crop inspection register, mutation
(Change)
register, disputed cases register, and
other information like type of soil,
information
related to irrigation crops etc.
Land records implemented by the
ministry of ruler development. Its aim
is to
computerization of land records,
legality of record of right (ROR)
computer centre at
tehsil, infrastructure and environment
development, agricultural censes.

In land records protect copies ROR

are issued, crops, irrigation, soil
details, are given.
Mutation case details are given,
passbook can be issued by Mandal
revenue officer (MRO)
and title deeds will be issued by the
Revenue Division Officer (RDO
Doctrine of Bona Vacantia
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.
Maintenance of land records
and issue of pattas and title
deeds
etc.
Maintenance of land record is a
generic term, and includes records
such as register of
land, record of right (ROR), tenancy
and crop inspection register, mutation
(Change)
register, disputed cases register, and
other information like type of soil,
information
related to irrigation crops etc.
Land records implemented by the
ministry of ruler development. Its aim
is to
computerization of land records,
legality of record of right (ROR)
computer centre at
tehsil, infrastructure and environment
development, agricultural censes.

In land records protect copies ROR

are issued, crops, irrigation, soil
details, are given.
Mutation case details are given,
passbook can be issued by Mandal
revenue officer (MRO)
and title deeds will be issued by the
Revenue Division Officer (RDO
Doctrine of Bona Vacantia
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.
Maintenance of land records
and issue of pattas and title
deeds
etc.
Maintenance of land record is a
generic term, and includes records
such as register of
land, record of right (ROR), tenancy
and crop inspection register, mutation
(Change)
register, disputed cases register, and
other information like type of soil,
information
related to irrigation crops etc.
Land records implemented by the
ministry of ruler development. Its aim
is to
computerization of land records,
legality of record of right (ROR)
computer centre at
tehsil, infrastructure and environment
development, agricultural censes.

In land records protect copies ROR

are issued, crops, irrigation, soil
details, are given.
Mutation case details are given,
passbook can be issued by Mandal
revenue officer (MRO)
and title deeds will be issued by the
Revenue Division Officer (RDO
Land records are poorly maintained; they do not reflect the on ground position
  Land records consist of various types of information (property maps, sale deeds) and are maintained across
different departments at the district or village level. These departments work in silos, and the data across
departments is not updated properly.  Hence, discrepancies are often noted in land records.  In the past,
surveys to update land records have not been undertaken or completed, and maps have not been used to
establish actual property boundaries on the ground.  Therefore, in several records, the property documents
do not match the position on the ground. 
 Poor land records also affect future property transactions. It becomes difficult and cumbersome to access
land records when data is spread across departments and has not been updated.  One has to go back several
years of documents, including manual records, to find any ownership claims on a piece of property.  Such a
process is inefficient and causes time delays.

Unit-2

Land Reforms in India before and after

Independence
Land Reforms before Independence:
The permanent Settlement of 1793 created a class of superior proprietors who usurped the unwritten but
age-old rights of tenants in their lands. By leaving a wide margin between the landlord’s rent and the
revenue demand of the State, it enabled this class to live and prosper on the surplus by effectively using
the power of ejectment.

The best remedy of the problem lay in undoing the blunder and in re-establishing the relations which
existed between the revenue farmers and tenants before 1793. But landlords were the govt’s own
creation and her powerful allies. Understandably, the govt. could not have destroyed them or
undermined their position. The best that could be hoped for was “a compromise here and an adjustment
there” so as to maintain the otherwise crumbling structure of their land system. Thus came the tenancy
legislation. The settlement of 1793 had left the ryots at the mercy of the Zamindars who ‘rack rented,
impoverished and oppressed them’.

It was not that the govt. was unaware of the injustice done or the plight of the tenants. As far back as
1819, the Court or Directors of the East India Company observed that “consequences most
injurious to the rights and interests have arisen from describing those with whom
Permanent Settlement was concluded as the actual proprietors of the land”.
And yet 40 years elapsed before the govt. came forward to protect the interests of the ryots. The Bengal
Rent Act (Act X) of 1859 was the first legislative attempt at defining the rights of tenants and protecting
them against frequent enhancement of rent and arbitrary ejectment.

The Law applied to all provinces included in the Bengal Presidency. In the case of the North Western
Provinces and Oudh, it was superseded by the Rent Act of 1873 while in the Punjab, certain safeguards
were included in the terms of the Settlement itself.

The rent Acts had two main objectives:

(i) To create a class of protected or privileged tenants with occupancy rights in land and

(ii) To restrict the powers of the landlord to raise rents of the protected tenants. All those tenants who
held the same lands for 12 years were given the right of occupancy and their rents could not be raised
except on certain specified grounds.

However, as noted by the Famine Commission of 1880′ the Rent Acts failed to bring about and
noteworthy improvement in the economic condition of tenants for the simple reason that they conferred
occupancy rights only on a small number of tenants. As for tenants-at-will, the law gave them no
protection against ejectment or enhancement of rent.

Land Revenue Resolution of 1902 which stated that it was not “in the Permanent Settlement that
the ryot of Bengal found his salvation ; it has been in the laws which have been passed by
the Supreme govt. to checks its license and to moderate its abuses.”
The true position is, however, resualed by the Floud Commission which found that “… a large and
increasing proportion of the actual cultivators have no part of the elements of ownership, no protection
against excessive rents and no security of tenure.” And it was not that the tenant suffered in the
Zamindari areas alone. The ryotwari areas fared no better.

The very fact that protective tenancy legislation became at all necessary under the ryotwari tenures is
itself a bitter commentary on the system which was supposed to confer proprietorship of land on the
peasants. It is equally significant that, despite these protective measures, a class of landlords grew under
the ryotwari tenures while the great bulk of the tillers were unprotected tenants, tenants-at-will, and
crop-sharers.

Land Reforms since Independence:

The peculiarities of Indian agriculture, combined with the declared desire to bring about economic
development as well as social justice led the govt., in the post-Independence period, to under-take a
comprehensive programme of land reforms. These reforms, be it noted, had a popular base in as much
as they were preceded by peasant, disturbances and violent clashes in several parts of the country.

These reforms comprised:

(a) abolition of intermediaries

(b) ceiling on land holdings

(c) Tenancy legislation

(d) cooperative farming

(a) Abolition of Intermediaries:
One of the first aims of the agrarian reforms was to eliminate the middlemen such as the Zamindars and
Jagirdars so as to bring the cultivator into direct relationship with the govt. The work of Zamindari
abolition was comparatively easy in the temporarily settled areas such as U.P. and M.P. where adequate
records and administrative machinery existed.

In the permanently settled areas of Bihar, Orissa, and West Bengal ans in areas under Jagirdari
settlements such as Rajasthan and Saurashtra “land records and revenue administration had to be built
from the beginning.” Nevertheless, laws abolishing intermediary tenures were given effect to in most of
the states.

(b) Land Ceilings:

According to the Report of the Panel on Land Reforms, the aim of land ceilings was to:
(i) meet widespread desire to possess land;

(ii) reduce glaring inequalities in ownership and use of land;

(iii) reduce inequalities in agricultural income and enlarge the sphere of self employment; and

(iv) give a new status to the land-less.

With a view to achieving these objectives, legislation was passed in all states imposing ceiling on existing
land holdings as well as on future acquisition of land.

However, provisions relating to level, transfers, and exemptions differed considerably from state to
state. In Assam, Jammu and Kashmir, West Bengal and Manipur, there was one uniform ceiling limit
irrespective of the class of land, ceiling being fixed at 50 acres, 22 ¾ acres and 25 acres respectively.

In all other states, the level of ceiling was fixed to take account of different classes of land. For example,
the ceiling ranged all the way from 27-134 acres in Andhra, 20-80 acres in Orissa, 19-132 acres in
Gujarat, 18-126 acres in Maharashtra. In others, it was fixed in terms of standard acres, a standard acre
being equal to a certain number of ordinary acres a laid down in the Act passed in each state.

Thus ceiling was fixed at 30 standard acres in the Punjab (Pepsu area only) Rajasthan, Delhi and
Madras; 25 standard acres in Madhya Pradesh and 27 standard acres in Mysore. In U.P., ceiling was
imposed at 40 acres of ‘fair-quality’ land.

(c) Tenancy Legislation:

A satisfactory system of land tenure had long been recognised as the essential basis of a strong and
efficient organisation.
The congress Agrarian Reforms Committee very strongly felt that the welfare of the Indian peasantry
and the progress of agriculture in India depend to a large extent on whether the peasantry feels secure
about the source of livelihood and whether the tenure system provides incentives and opportunity for
local development.

The First Five Year Plan, while according the highest priority to increase in agricultural production,
recommended and agrarian policy aimed at reducing disparities in wealth and income, eliminating
exploitation providing security for the tenant and worker and opportunity to different sections of the
rural population.
With these guidelines provided by the planning Commission, the State Govts. adopted certain measures,
viz., regulation of rents, security of tenure and conferment of ownership on tenants.

Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013
The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha on 7 September 2011. [3]
[4]
 The bill was then passed by it on 29 August 2013 and by the Rajya Sabha on 4 September 2013. The bill then
received the assent of the President of India on 27 September 2013.[5] The Act came into force from 1 January 2014

The Government of India believed that a combined law was necessary, one that legally requires rehabilitation and
resettlement necessarily and simultaneously follow government acquisition of land for public purposes. [14]
Forty-Fourth Amendment Act of 1978 omitted Art 19(1) (f) with the net result being:-

1. The right not to be deprived of one's property save by authority of law has since been no longer a fundamental
right. "No person shall be deprived of his property saved by authority of law" (Constitution 44th Amendment,
w.e.f. 10.6.1979). The amendment ensured that the right to property‟ is no more a fundamental right but rather
a constitutional/legal right/as a statutory right and in the event of breach, the remedy available to an aggrieved
person is through the High Court under Article 226 of the Indian Constitution and not the Supreme Court under
Article 32 of the Constitution. .
2. Moreover, no one can challenge the reasonableness of the restriction imposed by any law the legislature made
to deprive the person of his property.

State must pay compensation at the market value for such land, building or structure acquired (Inserted by
Constitution, Seventeenth Amendment Act, 1964), the same can be found in the earlier rulings when property right was
a fundamental right (such as 1954 AIR 170, 1954 SCR 558, which propounded that the word
Definition of public purpose[edit]
Section 2(1) of the Act defines the following as public purpose for land acquisition within India: [16]

 For strategic purposes relating to 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, safety of the people; or *For corridor purpose railway
 For infrastructure projects, which includes the following, namely:

o 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 27 March 2012, excluding private hospitals, private educational institutions and private hotels;

o 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;

o Project for industrial corridors or mining activities, national investment and manufacturing zones, as designated in the National
Manufacturing Policy;
 o Project for water harvesting and water conservation structures, sanitation;

o Project for Government administered, Government aided educational and research schemes or institutions;

o Project for sports, health care, tourism, transportation of space programme;

o Any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in
Parliament;

 Project for project affected families;

 Project for housing, or such income groups, as may be specified from time to time by the appropriate Government;

 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;

 Project for residential purposes to the poor or landless or to 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.

Definition of 'land owner'[edit]

The Act defines the following as land owner:[16]

1. person whose name is recorded as the owner of the land or building or part thereof, in the records of the authority concerned; or
2. person who is granted forest rights under The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 or under any other law for the time being in force; or

3. person who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or

4. any person who has been declared as such by an order of the court or Authority; [18]

Limits on acquisition[edit]
The Act forbids land acquisition when such acquisition would include multi-crop irrigated area. However such
acquisition may be permitted on demonstrable last resort, which will be subjected to an aggregated upper limit for all
the projects in a District or State as notified by the State Government. In addition to the above condition, wherever
multi-crop irrigated land is acquired an equivalent area of cultivable wasteland shall be developed by the state for
agricultural purposes. In other type of agricultural land, the total acquisition shall not exceed the limit for all the projects
in a District or State as notified by the Appropriate Authority. These limits shall not apply to linear projects which
includes projects for railways, highways, major district roads, power lines, and irrigation canals. [19]

Compensation[edit]
Compensation under this Act provides for resettlement and rehabilitation of people affected by displacement and
acquisition of land under the act.[14]
Rehabilitation and resettlement[edit]
For land owners, the Bill provides:[16]

 an additional subsistence allowance of ₹38,000 (US$800) for the first year - may be
 an additional entitlement of a job to the family member, or a payment of ₹5,00,000 (US$11,000) up front, or a
monthly annuity totaling ₹24,000 (US$550) per year for 20 years with adjustment for inflation – the option from
these three choices shall be the legal right of the affected land owner family, not the land acquirer

 an additional upfront compensation of ₹50,000 (US$1,100) for transportation

 an additional upfront resettlement allowance of ₹50,000(US$1,100)

 if the land owner loses a home in a rural area, then an additional entitlement of a house with no less than 50
square meters in plinth area
 if the land is acquired for urbanization, 20% of the developed land will be reserved and offered to land owning
families, in proportion to their land acquired and at a price equal to cost of acquisition plus cost of subsequent
development

 if acquired land is resold without development, 20% of the appreciated land value shall be mandatorily shared
with the original owner whose land was acquired

In addition to the above compensation and entitlements under the proposed LARR 2011, scheduled caste and
schedule tribe (SC/ST) families will be entitled to several other additional benefits per Schedule II of the proposed bill.
India has over 250 million people protected and classified as SC/ST, about 22% of its total population. The proposed
additional benefits to these families include:

 an additional land grant of 2.5 acres per affected family

 an additional assistance of ₹50,000 (US$1,100)

 free land for community and social gatherings, and special Schedule V and VI benefits

Schedule III of LARR 2011 proposes additional amenities over and beyond those outlined above. Schedule III
proposes that the land acquirer shall provide 25 additional services to families affected by the land acquisition. [16] Some
examples of the 25 additional services include schools, health centres, roads, safe drinking water, child support
services, places of worship, burial and cremation grounds, post offices, fair price shops, and storage facilities.
LARR Bill 2011 proposes that Schedule II through VI shall apply even when private companies willingly buy land from
willing sellers, without any involvement of the government.
Expectations[edit]

1. Bill recommendation to be implemented as dated bill appeared in parliament.(2011)

2. Compensation should be time bound and to amount to be released with is a time frame / as per bill
recommendations.

3. Fair compensation including life time productive income from land to Farmer/land owner (Till date he/she or
family holding land)

4. Land Holding & maintenance cost to farmers/Land owners (as per current date land situation) till land acquired
by government/others (As crop price are also not favorable to farmers in compression to other item in
economy)

Benefits and effects[edit]

The 2013 Act is expected to affect rural families in India whose primary livelihood is derived from farms. The Act will
also affect urban households in India whose land or property is acquired.
According to Government of India, the contribution of agriculture to Indian economy's gross domestic product has been
steadily dropping with every decade since its independence. As of 2009, about 15.7% of India's GDP is derived from
agriculture. Act will mandate higher payments for land as well as guaranteed entitlements from India's non-agriculture-
derived GDP to the people supported by agriculture-derived GDP. It is expected that the Act will directly affect 13.2
crore hectares (32.6 crore acres) of rural land in India, over 10 crore land owners, with an average land holding of
about 3 acres per land owner

Land ceiling in state of andhra pradesh1973

Before 1973 there is no ceiling limit on holding of any land. But, in the year 1973 the government introduced
“Andhra Pradesh Land Reforms (Ceiling on Agricultural Holding) Act, 1973” (Act No. 1 of 1973), popularly known
as AP Land Ceiling Act.

This act came into force w.e.f. 01.01.1975.

Hereinafter called as „the Act‟. This Act impose ceiling limit on holding of agricultural land. As per Sec. 5 of the
Act the ceiling limit on holding of agricultural land is as follows :

In case of wet land : 27 Acres.

In case of Double Crop wet land : 18 Acres.

In case of Dry land : 54 Acres. In case of having both wet and dry lands,

the wet extent is considered as double of the dry land for calculating the standard holding. Double Crop Wet Land
means, any land registered as double crop or compounded double crop wet land in land revenue records (Sec. 3
(d) of the Act). Dry Land means, land registered as dry, manavari etc., in land revenue records (Sec. 3 (e) of the Act)

Ceiling on Non-Agricultural land holding :- There is no ceiling limit on holding of Non-Agricultural lands. The Act
is limited to agricultural lands. Once the agricultural land is purchased and converted to Non-Agricultural
purpose, the said land not come under the preview of “Andhra Pradesh Land Reforms (Ceiling on Agricultural
Holding) Act, 1973”.

What is the Ninth Schedule of the Constitution?

The Ninth Schedule contains a list of central and state laws which cannot be challenged in courts. Currently, 284
such laws are shielded from judicial review.
The Schedule became a part of the Constitution in 1951, when the document was amended for the first time. It was
created by the new Article 31B, which along with 31A was brought in by the government to protect laws related to
agrarian reform and for abolishing the Zamindari system. While A. 31A extends protection to ‘classes’ of laws, A.
31B shields specific laws or enactments.
During a speech in Parliament, Jawaharlal Nehru had said, “If there is agrarian trouble and insecurity of land
tenure nobody knows what is to happen. Therefore, these long arguments and these repeated appeals in courts are
dangerous to the State, from the security point of view, from the food production point of view, and from the
individual point of view, whether it is that of the zamindar or the tenant or any intermediary.”
Article 31B reads: “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.”
The First Amendment added 13 laws to the Schedule. Subsequent amendments in 1955, 1964, 1971, 1974, 1975,
1976, 1984, 1990, 1994, and 1999 have taken the number of protected laws to 284.
Article 31B also has retrospective operation: meaning if laws are inserted in the Ninth Schedule after they are
declared unconstitutional, they are considered to have been in the Schedule since their commencement, and thus
valid.
Although Article 31B excludes judicial review, the apex court has said in the past that even laws under the Ninth
Schedule would be open to scrutiny if they violated fundamental rights or the basic structure of the Constitution.
While most of the laws protected under the Schedule concern agriculture/land issues, the list includes other
subjects, such as reservation. A Tamil Nadu law that provides 69 per cent reservation in the state is part of the
Schedule.
What are the Directive Principles of State Policy
The expression “Justice- social, economic, political” is sought to be achieved through DPSPs. DPSPs are incorporated
to attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality and fraternity. Moreover, it also embodies the idea
of the welfare state which India was deprived of under colonial rule

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being
non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones
are the Directive Principles of State Policy.
DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws. There
are various definitions to Directive Principles of State which are given below:

 They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
 They seek to establish economic and social democracy in the country.

 DPSPs are ideals which are not legally enforceable by the courts for their violation.

Article Promote the welfare of the people by securing a social order through justice—social,
38 economic and political—and to minimise inequalities in income, status, facilities and
opportunities

Article 39 Secure citizens:

 Right to adequate means of livelihood for all citizens

 Equitable distribution of material resources of the community for the common good

 Prevention of concentration of wealth and means of production

 Equal pay for equal work for men and women

 Preservation of the health and strength of workers and children against forcible abuse

 Opportunities for the healthy development of children

Article Promote equal justice and free legal aid to the poor
39A

Article 41 In cases of unemployment, old age, sickness and disablement, secure citizens:

 Right to work
 Right to education
  Right to public assistance

Article 42 Make provision for just and humane conditions of work and maternity relief

Article 43 Secure a living wage, a decent standard of living and social and cultural opportunities for all
workers

Article Take steps to secure the participation of workers in the management of industries
43A

Article 47 Raise the level of nutrition and the standard of living of people and to improve public health

DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology used to represent the programme of
reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the
state to:

Article 40 Organise village panchayats and endow them with necessary powers and authority to enable
them to function as units of self-government

Article 43 Promote cottage industries on an individual or co-operation basis in rural areas

Article Promote voluntary formation, autonomous functioning, democratic control and professional
43B management of co-operative societies

Article 46 Promote the educational and economic interests of SCs, STs, and other weaker sections of the
society and to protect them from social injustice and exploitation

Article 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious to health

Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their
breeds

DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state to:

Article 44 Secure for all citizens a uniform civil code throughout the country

Article 45 Provide early childhood care and education for all children until they complete the age of
fourteen years

Article 48 Organise agriculture and animal husbandry on modern and scientific lines

Article 49 Protect monuments, places and objects of artistic or historic interest which are declared to be of
national importance

Article 50 Separate the judiciary from the executive in the public services of the State

Article 51  Promote international peace and security and maintain just and honourable relations
between nations

 Foster respect for international law and treaty obligations

 Encourage settlement of international disputes by arbitration

Directive Principles of State Policy’s notes about its classification is important for UPSC 2022 and aspirants should
learn these with articles mentioned.

What are the new DPSPs added by the 42nd Amendment Act, 1976?
42nd Amendment Act, 1976 added four new Directive Principles in the list:

S.No Article New DPSPs

1 Article 39 To secure opportunities for the healthy development of children

2 Article 39A To promote equal justice and to provide free legal aid to the poor

3 Article 43A To take steps to secure the participation of workers in the management of industries

4 Article 48A To protect and improve the environment and to safeguard forests and wildlife

Facts about Directive Principles of State Policy:

 1. A new DPSP under Article 38 was added by the 44th Amendment Act of 1978, which requires the State to
minimise inequalities in income, status, facilities and opportunities.
2. The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a
fundamental right under Article 21A. The amended directive requires the State to provide early childhood care
and education for all children until they complete the age of 14 years.

3. A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to co-operative
societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control and
professional management of co-operative societies.

4. The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the governance of the
country and it shall be the duty of the state to apply these principles in making laws.’

Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977

(Act No. 9 of 1977)
 (1) This Act may be called the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 21st January, 1977.
Object & Reasons 
2. Definitions:- In this Act, unless the context otherwise requires,-
(1) "assigned land" means [lands or house sites assigned] by the Government to the [landless or homeless
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 or homeless poor persons] under the relevant law for the
time being in force relating to land ceilings ; and the word "assigned" shall be construed accordingly ;
Explanation:- A mortgage in favour of the following shall not be regarded as an alienation, namely,-
(i) the Central Government, or the State Government or any local authority ;
(ii) any co-operative society registered or deemed to be registered under the Andhra Pradesh Co-
operative Societies Act, 1964; and
(iii) any bank which includes,-
(a) the Agricultural Development Bank ;
(b) the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 ;
(c) the State Bank of India constituted under the State Bank of India Act, 1955 ;
(d) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 ; and
(e) a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition
and Transfer of Undertakings) Act, 1970 ;
(2) "Government" means the State Government ;
(3) "landless poor person" means a person who owns an extent of land not more than 1.011715 hectares
(two and half acres) of wet land or 2.023430 hectares (five acres) of dry land or such other extent of land as
has been or may be specified by the Government in this behalf, from time to time and who has no other
means of livelihood.
Explanation:- For the purposes of computing the extent of land under this Clause, 0.404686 hectares (one
acre) of wet land shall be equal to 0.8093672 hectares (two acres) of dry land ;
(4) "notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall
be construed accordingly;
(5) "Prescribed" means prescribed by rules made by the Government under this Act ;
(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.
3. Prohibition of transfer of assigned lands:- (1) Where before or after the commencement of this Act any
land has been assigned by the Government to a landless poor person for purpose of cultivation or as a
house-site then, notwithstanding to the contrary in any other law for the time being in force or in the deed to
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.
[(2A) No assignee shall transfer any assigned house site, and no person shall acquire any assigned house
site, either by purchase, gift, lease, mortgage, exchange or otherwise, till completion of the period of 20
years from the date of assignment.
(2B) Where the assigned House site was alienated by the assignee as on the date of commencement of this
Act, such house site shall be regularized in favour of the alienee as a one-time measure.
(2C) The eligible family shall be assigned house site only once in life time.]
(3) Any transfer or acquisition made in contravention of the provision of sub-section (1) of sub-section (2)  [or
subsection (2-A)] shall be deemed to be null and void.
(4) The Provisions of this section shall apply to any transaction of the nature referred to in sub-section (2) in
execution of a decree or order of a Civil Court or of any award or order of any other authority.
(5) Nothing in this section shall apply to an assigned land which was purchased by a landless poor person in
good faith and for valuable consideration from the original assignee or his transferee prior to the
commencement of this Act and which is in the possession of such person for purposes of cultivation or as a
house-site on the date of such commencement.
4. Consequences of breach of provisions of Section 3:- (1) If in any case, the District Collector or any
other officer not below the rank of a [Mandal Revenue Officer], authorised by him in this behalf, is satisfied
that the provisions of sub-section (1) of Section 3, have been contravened in respect of any assigned land,
he may, by order,-
(a) take possession of the assigned land, after evicting the person in possession in such manner as may
be prescribed ; and
[(b) (i) reassign the said resumed land, other than those lands/areas as may be notified by the
Government from time to time in public interest and for public purpose, to the transferee who
purchased the land in good faith and for valuable consideration on or before 29th January, 2007,
subject to the condition that he/she is landless poor person and is in occupation of the land by using
the said land for agriculture or as house site, as on the date of taking possession by eviction:
Provided that the reassignment in case of transferee shall be limited to only such an extent that
the total holding of the re-assignee including any other land held by him/her does not exceed
5.00 Acres dry land or 2 1/2 Acres wet land:
Provided further that where the transferee who has purchased the land and got reassignment
of it, or his legal heir, transfers the reassigned land, the land shall be resumed for
assignment to the other eligible landless poor;
(ii) restore the said assigned land, other than those lands/ areas as may be notified by the
Government from time to time in public interest and for public purpose, to the original
assignee, subject to the condition that he or she is landless poor person as on the date of
restoration for one time; or
(iii) assign to other eligible landless poor person:
Provided that the restoration of land shall be limited to only such an extent that the total holding
including any other land held by him/her does not exceed 5.00 Acres dry land or 21/2 Acres
wet land:
 Provided further that where the original assignee or his legal heir, after first restoration transfers
the assigned land, the land shall be resumed for assignment to the other eligible landless
poor:
Provided also that if no eligible landless poor persons are available in the village/area, the
resumed land will be utilised for public purpose.

Telangana Assigned lands POT 1977 & ROR ACT 1971

What is sadabainama?
white paper agreement (not a registered document) between land seller & buyer.

what if there is no paper of buying?

only applies in telangana not Andhra pradesh govt order to verify the ownership of land by grama
sabha. & filed survey all for free by VRO or MRO. but who gonna take interest.

a artificial white paper needed by VRO escape that kind of responsibilities (everything on a paper for
cross checking).

 Is there any cutoff date for Sada Bainama Registration? (Imp)
only for those farmers whose land is: below 2.5 wet land or 5 acres dry land.

however eligibility is land registration /occupied before 2014 (before it was 2007 ts govt extended for 10
years now its 2017) all formers who owner land before 2017 eligible for registration of sadabainama.

sadabainama still ongoing at mro offices. check with vro.

Benefit: not to pay any registration charges. (2007 rule formers has to stamp duty rate as on
agreement ex:1990 rates)

 last date 2016, again 2018 within ,

13b certificate

ROR Section 5A (1989->> (13B certificate)

2.5 dry or 5 acres wetland.

june 2 2014 buy before. (ts oral agreement) 2016 last date. (next  extension date of sadabainama?)
 other way legally if not 2.5 wet 5 acres dry

make land agreement between present land holder & go to registration office, after registration mutation
(change name patta) automatically done from 2019 onwards.

crimes based on mutation?

land owner can sell as many people. because there is no change in survey number  (so mutation is
compulsory responsibility of the buyer)

AP & TS Assigned land prohibition of transfer POT Act 1977

1954 june 18 go no 575 ap
25/7/1958 prohibited lands (sec 22A) no go in telangana,

1977 (before port act) (no list in pot) wet 2.5 dry dry 5 acres. (including total land)
1977-2007 (patta assigned) wet 2.5 dry dry 5 acres.
2007-2017 extended in telangana (patta with assigned) wet 2.5 dry dry 5 acres.

D form patta,lavanga patta,

Technically government lands, assigned to poor people farmer, govt may take back whenever they
want.

new rule: if govt take back for any purpose like road, community halls etc then govt has to paid identity
as same as regular lands.

regularization of assigned lands.

eligibility:
formers with no land or below 2.5 wetland 5 acres (including assigned land )dry land can eligible for
regularize the assigned land. if they buy  / occupied before 2017 .

rules helps lot of people. then why government officers not regularizing assigned

because they take 10k t0 20k for changing survey numbers (98%* based on area),  again manipulate
survey number if they need money or expect more.

EX: MRO lavasnya 93 lakhs at home, half kg gold at sport black money more.

my case:  25 guntas assigned land asked mro, she said, govt passed GO (govt order you can check at
ts goir portal) not to regularize the lands those are near 5 km from headquarters (mondal0 but actually it
was 7-8 KM far near pond. not useful for commercial purpose, surrounding formers already changed (by
paying 2K for acre to vro few years ago). there is no Such GO from govt telangana.

ROR ACT 1971 Important sections

1a: grama sabha verify(1st time ror 1b >>1b
ror 1b, passbook,

title deed vs passbook now same.

1b vs passbook
bank vs passbook

ror 1971

Ror Act section 4 (mutation)

notice to previous and present owners

form 6A application to mro for change records

land by inheritance withing 90 days by form 16a

45 days

phani, 4 passport size photos.

4 1(1) rule

form 6c form receipt

form 8 notices gp,mro. officer any objects

section: 10A  rule 30, 1b changed passbook,

form 17: