LAND LAWS INCLUDING ANY OTHER LOCAL LAWS

Unit I- Introductory principles

1.1 Meaning of Land

1. There is no specific definition of land as such. It is essentially a defined territory of the

earth.
2. The Constitution mentions ‘land’ in Entry 18 of List II. It states that land includes a right in
land itself, land tenures, rent, improvements, etc. as well.
3. S.2 (16) of the Maharashtra Land Revenue Code states that land includes benefits arising
out of land (crops), things attached to the earth (houses), things permanently fastened to
things attached to the earth (windows and doors), shares or charges in land.
4. Shares and charges include both corporeal (water, airspace) and incorporeal
hereditaments (right to light, right to way).
5. In English law, property was divided into 2 categories depending on how the courts would
enforce a person’s right to possession of property. These were called ‘realty’ and
‘personalty’. Realty consisted of freehold land and if someone would take away such
property, the court could order the person at fault to return the property. The action that
had to be brought to achieve this was real action or action in rem. Personalty consisted of
everything else that belonged to a person and one could only be financially compensated
for its loss. The action that had to be brought to achieve this was called personal action or
action in personam.
6. Even leases were regarded as mere contractual arrangements between the lessor and
lessee and were part of personalty.
7. However, gradually leases were recognised as genuine interests in land and the similarity
between leases and realty was further recognised by sub-dividing personalty into chattels
real or leases and chattels personal which included the rest.
8. Another way of classifying property is by use of the terms tangible and intangible property
(like easements).
9. Nowadays, not much importance is given to the distinction between realty and personalty.
Real property is always taken to mean legal interest in land, whether freehold or leasehold.
10. There have been several political developments in the past in the UK as regards land as
well. For instance, the Countryside and Rights of Way Act 2000 was passed to allow the
public access to several private lands in the countryside. The Countryside agency in 2001
published the first maps which were designated as ‘open country’. Also, it was proposed
that in the long run certain private lands would be declared as having a quasi-public
character.
11. The Human Rights Act, 1998 incorporates the principles of the European Convention of
Human Rights on exclusion of people from socially important land in private ownership and
reinforces the idea of quasi-public land. A case came up in 1998- Anderson v. UK, wherein
it was held that a company doesn’t have to give reasons to exclude people from its own
property under existing English law but if the Human Rights convention were ratified, it
may have to justify such exclusion.
12. The Law of Property Act, 1925 in UK defines land as including mines and minerals, buildings
or parts of buildings, easements, benefits derived from land, etc. It follows the maxim
‘cuius est solum eius est usque ad coelum et ad inferos’ which means that whoever owns
the surface owns everything upto the heavens and down to the depths.
13. This definition of land has been put into an acronym-MAGPIE (mines and minerals, air-
space, ground, plants, incorporeal rights, erections)
 14. As regards minerals, the ownership of certain minerals is controlled by statute. Gold or
silver and items made of the same are called treasure trove and are said to belong to the
crown. Rules for compensation for such items are given under the Treasure Act, 1996 if the
owner is unknown.
15. Any wrongful intrusion into the air-space over the surface of land amounts to trespass. The
Civil Aviation Act however allows unrestricted rights of access to aircrafts at a height above
the ground. Even private persons are allowed access to airspace at a height which is
beyond the limits of the usual use and enjoyment by the owner.
16. The ground not only includes visible surface area but also the bed of a river or lake on the
property. However, tidal rivers belong to the Crown. Also, water which flows along the
river bed may be used only for ordinary purposes like watering cattle. Extraction for
Commercial use is governed by the Water Resources Act, 1991 and usually a license is
required.
17. All plants, trees, flowers, etc growing on property are a part of the term ‘plants’. But, under
the Theft Act, 1968, it is not theft to pick wild mushrooms, flowers or foliage from a tree or
plant for private use. Also, crops which have been specifically cultivated to be harvested
within a year are not automatically included in the sale of land.
18. Incorporeal rights include easements attached to the land like right to light, right to way,
etc.
19. Erections include buildings erected on land. However, there is generally a problem as
regards such things which are only partially attached to the land. If the object is clearly a
part of the property, it is called a fixture. But, if it is separable and can be taken away by
the seller, it is merely a fitting. The more securely an item has been fixed, the more likely it
is to be considered a fixture. The purpose of attachment also needs to be considered. It
must be looked into whether the item was put for improvement of land or just for the
benefit of a single occupier.
20. In Elitestone Ltd. v. Morris and anr. , it was held that although the structure rested on
concrete pillars, attached by nothing but its own weight, it couldn’t be move except by
demolishing it. Thus, it is clear that when it was built, it became part and parcel of the land
itself.

1.2 Ownership of Land

1. Ownership means absolute rights as regards property. The main reason why this concept
came into the picture is to avoid conflict of interests.
2. One need not be in possession of land to be its owner as incase of lease.
3. Ownership may be got through contract or inheritance. There may also be 2 owners of the
same property.
4. Earlier, people used to fight constantly for land. Gradually communities were formed and
land was distributed. Then a system came about wherein the King would own all land and
give to the people on the basis of tenancy.
5. Ownership of land may be confirmed if the land is registered.
6. In Maharashtra, the 1st document which gives us an idea about the owner of land, the
market value, the nature of land, area and measurements, survey number, etc. is the 7/12
extracts as regards agricultural lands and the Index II for constructive properties like
buildings, shops, etc.
7. The 7/12 extract is a certified copy from the government which contains details like the
name of the village, areas of land, percentage of irrigated and non-irrigated land, market
value of such land, etc.
8. The Index II is a certified copy from the government stating who the owner is, from where
he got the land, purchase value, area of property, etc.
9. In the UK, after the Norman Conquest in 1066, all land was deemed to belong to the
Crown. Individuals could hold land with the Monarch’s permission after performance of
certain services called tenure of the land.
10. William-I came up with a new concept wherein he divided lands amongst ‘tenants-in-chief’
who were then entitled to lease out land. Thus, the feudal system came into being.
11. The land would many times be continually sub-divided and this created a lot of confusion.
In 1290 however a statute was passed stating that there could no more be any sub-
infeudation and the last person transferring his interest in the pyramid would transfer all
rights to the person taking it who would now take the former’s place.
12. Gradually, all tenure was converted into a freehold tenure by which services were
abolished and a fixed sum of money was required to be paid.
13. Then came the doctrine of estates which described as to how long a tenant could hold
land. If it was for a lifetime, the estate would be a life estate. If it was to pass on to his
heirs, it would be an estate fee. However, the same would be restricted by allowing it only
for direct descendants. Incase the estate could be inherited by any heir without any
restrictions, it would be an estate fee simple.
14. If an estate would be free from any conditions, it would be an absolute estate.
15. If the estate was to take effect immediately, it would be ‘in possession’ and if it were to
take effect only at a future date, it would be ‘in remainder’. Also, if the estate was to revert
back to the grantor after a period of time, the grantor would have an estate in reversion.
16. All these are freehold estates. It was also possible to have a leasehold estate when land
was leased out. Freehold estate is for an indefinite period while leasehold estate is either
certain or capable of being rendered certain.
17. Another concept was that of interest in land which included easement, profit a prendre
(right to take something from someone else’s land), mortgage (right to have another
person’s land as security)… (Pages missing)
18. The best way of proving ownership has been the deeds to land. However, this has been
made almost redundant due to the registration of land.
19. Normally a purely oral agreement may also be binding on the parties. But, the Statute of
Frauds, 1677 has given certain special provisions as regards sale or disposition of land like-
(a) Non-compliance with the contract would render it void. Previously it would have been
just unenforceable. But, this doesn’t prevent the court from enforcing the contract
under the principle of constructive trusts.
(b) Both parties must sign the same document unless there is a traditional exchange of
duplicate contracts.
(c) The doctrine of part performance has been abolished.
(d) All terms must be in the document and not just the 3 P s of parties, property and
price.

20. Six important statutes governing English law of property are-

(a) Law of Property Act
(b) Land Registration Act
(c) Land Charges Act
(d) Administration of Estates Act
(e) Settled Land Act
(f) Trustee Act
1.3 Legal Estate and Interest

1. The Law of Property Act, 1925 greatly reduced the number of estates and interests which
were capable of being legal. It said that the only 2 legal estates are-
(a) An estate in fee simple absolute in possession.
(b) A term of years absolute.

2. It also said that only the following five are legal interests-
(a) An easement right or privilege
(b) A rent-charge
(c) A legal mortgage
(d) Charges imposed on land by statute
(e) A right of re-entry annexed to a legal term of years absolute or a legal rent-charge

3. All these legal rights and interests are now apparent from the inspection of title deeds or
by some other method. Whereas, the other rights and interests are merely equitable in
nature and require notice and registration before they can be binding.
4. A fee simple absolute in possession means the tenant may hold the land free from services
or conditions as long as there is an heir to inherit it. The Administration of Estates Act,
1925 gives a list containing names of such heirs. Distant relatives are not entitled to inherit
at all.
5. Term of Years absolute pertains to leasehold. The duration of such lease is fixed and is
certain. The word ‘absolute’ which is used here doesn’t mean no conditions. The lease will
continue to be a legal estate even if it is brought to an end by notice or by re-entry if a
condition is breached. However, if the lease is to come to an end by the death of any
person, it cannot be called a legal estate.

6. The following features of lease have been mentioned as under the Law of Property Act-
(a) It need not be in possession and a lease which is granted to take effect in weeks,
months or even years is valid.
(b) A lease cannot be bought and sold just like a freehold estate.
(c) A lease grants exclusive possession of land to the tenant. Anything less is only a
license.

7. The legal interests may be discussed as follows-

(a) Easements- This includes profits a prendre.
(b) Rentcharge-It is the right to receive a sum of money from the owner.
(c) Mortgages- In order to be a legal mortgage, the charge must be in a certain form.
(d) Statutory charges- This is of little importance now.
(e) Rights of re-entry- Both leases and rent-charges give the holder a right to re-enter.

8. A legal right can only be created or conveyed by way of a deed.

9. If a lease meets the following requirements, it will still be a legal estate even if it is created
verbally-
(a) It takes effect in possession or immediately.
(b) It is for a term not exceeding 3 years.
(c) It is at a full market rent without a fine. This means that there must be lumpsum
payment.

10. Such a lease mentioned above can be created verbally but may be transferred only by
deed.
 11. Equitable interests may be divided into 3 categories-
(a) Equitable interests pre-1925- These include interests under trusts and under
restrictive covenants.
(b) Interests existing only in equity- Now all other than the 2 legal estates can exist only in
equity.
(c) Interests which can exist in law and equity- The 2 legal estates and 5 legal interests
can only be created by deed. Any attempt to create them merely in writing will only
create an equitable interest.

12. There is another concept of successive rights in land. Such rights may be created in
advance by a trust. It is generally held by 2 or more persons till a specified period (normally
a lifetime) and then it is automatically transferred to 2 or more persons. The people who
stand to benefit from such land will only have an equitable interest. The legal estate is held
by the trustees.
13. Read e.g. under concurrent rights in land.
14. Another estate suggested by the Law Commission in 1987 is the commonhold. A freehold
landowner will be able to register a particular block as a commonhold estate and a
separate company will be formed to manage it. (Check handout)
15. In India, equitable interest is a restricted concept though it is still recognised.

1.4 Registered and Unregistered land

1. Registration of land in the UK introduced the concept of registration of title and expanded
the concept of registration of interests in land.
2. A comprehensive system of registration of interests was set up under the Land Charges
Act, 1925. This meant that now particular rights over another person’s land were to be
recorded in the land charges register.
3. If land was registered, all information concerning such land would be recorded in the Land
Register.
4. If the land is not registered, the purchaser must check the seller’s ownership in land by
inspecting the title deeds and then check the land charges register to ensure that there are
no interests recorded which affect the land.
5. The document which formally transfers ownership with respect to registered land is called
transfer while it is called conveyance with respect to unregistered land.
6. Interest in land is not valid unless it is recorded in the appropriate register. The onus of
recording the same is on the owner and failure to record the same means that a purchaser
of land will not be bound by it.
7. The Land Registration Act, 2002 was the first comprehensive restructuring of land law since
1925. Its main aim is to encourage voluntary registration of ownership. One major change
brought about by this act is that it has brought in the concept of title by registration in
place of the earlier system of registration of title. This means that mere registration creates
title now.
8. There is a central register/land register on which the name of the owner of the land and
interests affecting or benefiting the land are recorded.
9. There are 6 principal transactions which require compulsory registration now. (Read
handout)
10. For registration of land, the new owner of such land must prove to the land registry that
the transaction entered into created one of the two legal estates under the Law of
Property Act. All interests affecting the property must be disclosed. The same procedure is
generally followed when unregistered land must be transferred.
11. The onus is on the new owner to ensure that there is proper registration. Failure to register
within 2 months would render the transfer of legal estate as being void.
12. The Land register is divided into 3 sections, namely-
(a) The property register- It contains the description of the land. Under the 2002 act,
even a franchise and profit a prendre in gross may be registered.
(b) The proprietorship register- This states the name and address of the owner.
Sometimes, it even sets out restrictions on the owner’s right to deal with the land.
(c) The charges register- This contains information about encumbrances on land like
charges, mortgages, restrictive covenants, etc.
13. A legal mortgage of registered land will only take effect as an equitable interest unless
registered.
14. Under the Land registration Act, registrable interests are called minor interests and these
could be protected in 4 ways namely-
(a) Notice- If the owner of the land consented, an interested could be recorded in the
register by notice. This protected the holder of interest against purchasers.
(b) Caution- This enabled the person claiming any interest in land to place a note on the
register.
(c) Restriction- Occasionally the powers of the registered owner to deal with the land may
be restricted unless specific conditions are fulfilled.
(d) Inhibition- This is an unusual entry in the register which would prevent any dealing with
land whatsoever.
15. There are various interests which cannot be registered like those under trusts, leases not
exceeding 3 years, restrictive covenants between landlord and tenant, interests capable of
being registered under the Commons Registration Act and rights relating to coal or
coalmines .
16. Under this act there are 12 groups of overriding interests which include leases not
exceeding 7 years, easements and profits a prendre and rights of a person in actual
occupation of land. These would bind the purchaser irrespective of registration. (Read if
required)
17. Registration gives the following effects-
(a) The register becomes the repository of all information with respect to the land.
(b) Dealings in land have no effect if registration is not completed within 2 months.
(c) Any rights affecting the land which are not registered are unenforceable against
purchasers.
(d) The state guarantees that registration is an accurate reflection as to the title to the
land.
(e) A purchaser is protected against any interests other than those revealed on the
register.
18. The doctrine of notice applied to equitable interests before the system of registration came
into the picture. This doctrine states that an equitable interest will be binding on
everybody except for a bonafide purchaser for value of the legal estate without notice.
19. But, after the new Act, the purchaser would be deemed to have notice of an interest if it
was registered whether he knew of it or not and whether he checked the correct register
or not.
20. The Indian registration Act in S.17 talks about such documents which need to be
compulsorily registered. These include gift of immovable property, non-testamentary
document which creates an interest of value above Rs. 100, year to year lease, lease above
1 year, etc.
21. S.18 talks about documents of which registration is only optional.
22. S.28 talks about the place of registration as being distinct in which the entire property or
portion of property is located.
 23. Ss. 42-49 deal with the registration of wills. This is because sometimes even fake wills may
be produced. The will however comes into effect not with registration but with death of
the testator.
24. S.49 discusses about the effects of non-registration. It states that if documents which were
required to be registered are not registered, then they will be read as evidence but won’t
confer title and ownership.
25. Registration is done mainly for the sake of showing ownership and for providing the
location of land clearly.
26. A comparison of rights available under registered and unregistered land may be shown
with the help of the following table-

No. Issues involved Registered land Unregistered land

Land record department
registers which may be in the
form of 7/12 extract, Index II,
1. Evidence of title survey numbers on a document, Deeds, documents
electricity bills, phone bills,
passport, pan card, ration card,
tax receipts
Legal interests which may be
Only right of possession may be
transferred temporarily or
transferred. Transfer of
permanent like in the form of
ownership is possible only if you
2. Types of interest lease, mortgage, wills, gifts,
hold best title over the owner. It
power of attorney, etc. Right to
is difficult to give gift especially
enjoyment, easements, etc. may
when the land is disputed.
also be transferred.
No clear title. Generally, seller
must reasonably disclose facts
Right to peaceful possession free about non-registration and buyer
3. Protection to buyers from any charge. They have a must make enquiries about the
right in rem. same. Buyer of unregistered land
may have to face legal
consequences.

27. In India as well, land as well as the interest of the owner must be registered.
28. In UK, matrimonial homes act, 1967 which has now been replaced by the family act, 1996
provides in S.30 that spouse member has a right to occupy matrimonial home. They also
get ancillary rights like intimation of giving part of house on rent, etc. This act is applicable
even to registered lands and thus even the wives have a right in the same.

1.5 Registration and protection of rights in land

1. The Land Registration Act, 2002 has brought in the concept of universal registration. Now
even the land belonging to the Crown may be registered.
2. 2. This Act has also brought in the concept of adverse possession which prevents the owner
from regaining possession once 12 years has lapsed.
3. This Act has also devised several methods by which minor interests of 3rd parties are
protected.
4. The provisions of this act also provide for electronic conveyancing of land. No such
transaction will be effective unless communicated to the registrar.
Unit II- Rent Control Law

2.1 Basic Objects of the Act

1. This Act was mainly enacted to define the relationship between landlords and tenants and
prescribe powers of the judiciary with respect to the same.
2. This act was needed mainly for purposes like lawful termination of tenancy, eviction,
sharing premises (PG), peaceful enjoyment, fixation of standard rent, personal
requirements (having no alternate accommodation), etc.
3. S.55 of this Act makes tenancy agreements compulsorily registrable. The onus is on the
landlord to register in the sub-registrar’s office. If there is no registration, a fine of Rs. 5000
may be paid or there may be 3 months imprisonment or both. However, it has been
suggested that the same be amended and now the punishment must be 10,000 fine or 6
months imprisonment or both.
4. The concept of tenancy was said to have emerged properly during World War-II due to
problems relating to migration. This led to landlords providing temporary accommodation
to such migrants in return of some service. There were several war restriction codes which
tried to regulate tenancy and the same was enacted for Bombay as well in 1939.
5. In India as well, a similar problem arose after the partition which led to the government
enacting several laws for different states to regulate tenancy.
6. In 1958, the Delhi rent control act came into existence but this act had several drawbacks
like restrictions on commercial property owners. Such landlords couldn’t sell property
during the pendency of tenancy. This led to the Pugree system wherein the landlords used
to charge something apart from rent. This act also didn’t permit increase in rent above 10%
irrespective of inflation. There was also devaluation of the rupee which led to further
problems and the landlords weren’t too happy with the act. This was replaced by the Delhi
Rent Control Act, 1995.
7. The Karnataka Rent Control Act came about in 1961 which continued till 2001. This act also
had certain drawbacks. The landlords couldn’t charge 15% more than rent. Also, they
couldn’t charge 10% or more of the rent as maintenance charges no matter what the
society dues were. Also, lower rent was charged on structures and higher rent on fixtures.
This led to several problems even for tenants as the actual market value of property
couldn’t be determined. However, now there can’t be separate charges on fixtures.
8. As regards Maharashtra, certain laws of the states of Hyderabad and Gujarat are still
applicable though the Bombay Rent Control Act was the main act applicable. It was first
passed in 1939 and was then amended in 1947 with the creation of the State of
Maharashtra. One problem with the act was the limit on increase in rent. Less attention was
paid on tenants and properties. Thus, the BMCC invited landlords to submit their problems.
The landlords demanded rights to increase rent, demolition, etc. The main problems faced
by the landlords were with respect to increase in rent and no grant of possession. Then the
situation worsened due to the devaluation of the rupee. Finally in 1999, the Maharashtra
Rent Control Act was passed which is applicable to all parts of Maharashtra except those
parts which are still being governed by previous laws.
9. The primary objective of all these acts was to unify, amend and consolidate all laws relating
to rent control and repair of premises. They also dealt with issues of eviction, encouraging
new construction by assuring a fair return and any matters connected with possession, rent,
tenancy, landlord and tenant.
10. Tenancy is essentially of 2 kinds- (i) lease, leave and license and (ii) agricultural tenancy.
11. The Rent Control Acts apply to buildings, structures, outhouses, premises given for storage,
residence, education, business, trade, etc. S.3 of the Maharashtra Rent Control Act makes
an exception with respect to premises given to banks, public sectors (check), corporations,
 foreign company missions having a share capital of 1 crore or more. These are not absolute
exceptions and the state government may remove some of them from the list or may even
add to the list.

2.2 Some important definitions

1. S.7 of the act provides for definitions.

2. Landlord- Generally, landlord is the owner of land but with respect to tenancy it has a
different meaning. S.7 (3) of the Act defines a landlord as any person who is for the time
being receiving or is entitled to receive rent in respect of any premises on his own account
or for the benefit of any other person as a trustee or guardian or receiver and includes a
tenant incase of sub-tenancy and a licensor incase a licensee is deemed to be a tenant.
3. Agents who collect rent are also not excluded from this definition.
4. Also, after getting permission from landlord to create sub-tenancy even the tenant
becomes a landlord.
5. S.7 (15) defines a tenant as any person by whom or on whose behalf or account rent is
payable for any premises and includes sub-tenants permitted by landlords, the person who
derives title under the tenant, the persons called deemed tenants (due to non-existence of
agreement and grant of possession in certain circumstances), heirs of the tenant.
6. Persons not agreeing to pay but occupying property are deemed tenants.
7. In many state acts, the concept of joint tenancy and sub-tenancy isn’t recognised.
8. S.7 (5) defines a licensee as a person who is in occupation of the premises or such part
under agreement for license given for a license fee or charge.
9. However, this definition excludes many persons such as servants in the family, persons
residing in Dharmshalas, lodging houses, hotels, public halls, homes for widows or orphans,
etc.
10. Servants of the landlord may be licensees if they pay rent independently.
11. The main difference between tenancy and license is that for license an agreement exists
which may or may not exist with respect to rented property. Also, incase of tenancy, a
person’s duration of stay is uncertain but incase of license it depends on the agreement.
12. S.7 (7) of the Act defines a paying guest as a person not being a member of the family who
is given a part of the premises in which the licensor resides, where such paying guest
resides on license.
13. Thus, an agreement of license is necessary in such cases.
14. S.7 (9) of the Act defines premises as any building or part of a building let or given on
license separately including gardens, grounds, garages, outhouses attached to such
building or part, any fittings attached to the building for more beneficial enjoyment are also
part of the premises.
15. Read Kamala Devi v. Lakshmi Devi

2.3 Concept of Standard Rent under Local Acts

2.4 Procedure for fixing Standard Rent

1. Standard rent is ideal or model rent.

2. It has been defined under S.7 (14). It is that rent which is fixed by court or controller under
some acts + 5% increase in the rent as provided under these acts. Some of these Acts are
the Bombay Rent Restriction Act 1939, Bombay Rents, hotel rates and lodging houses rates
controlling Act 1944 and 1947, CP and Berar letting of houses and rent control order 1949,
CP and Berar regulation of letting and accommodation Act 1946, Hyderabad Houses (Rent,
Eviction and Lease) Control Act 1954, etc.
 3. Thus, it is the previously fixed amount + 5% increase.
5. S.8 allows the court to fix standard rent in certain circumstances on the basis of market
value of property, investments made on property, etc.
6. Incase of new premises, it is generally the civil court or the small causes court which fixes
the standard rent.
7. Such circumstances under S.8 include the following-
(a) If there is no sufficient evidence to ascertain the rent.
(b) Where any premises have been given rent free or charged nominal rents or some
consideration is charged in addition to rent.
(c) Where there is a dispute on rent between landlord and tenant.
8. The court may even direct payment of interim standard rent.
9. As per S.7 (8), increase in rent is permitted in this Act but it may be restricted upto a
particular amount. (Check)
10. S.10 provides that increase in rent above standard rent is illegal and the landlord may be
punished with Rs. 5000 fine or with 3 months imprisonment or with both.
11. S.11 permits the landlord to change rent annually or by structural improvements or
structural alterations or incase of special additions or special heavy repairs. This provision
states that the landlord may be permitted to increase standard rent upto 4% per annum.
But, beyond that if he conducts any alterations or improvements and then it must not
exceed 15% per annum on the expenditures incurred.
12. This period of 1 year has to be computed April 1st, 2001 onwards. From this date the
landlord is permitted to increase the standard rent by 4% per annum irrespective of the
date of agreement.
13. The same section says that if the landlord wants to improve the property, he has to submit
an application to the municipal corporation alongwith the engineer’s report. The
corporation will inspect the same to ascertain whether any major alterations have to be
made. An NOC must also be gotten from the water and electricity department. Also, the
architect of the corporation will check and verify the costs incurred. After this, the tenant
shall be asked to pay 15% of the amount spent and if he doesn’t pay, he may be evicted.
14. S.12 talks about increase in rent on account of payment of rates like electricity, water, land
taxes and taxes related to property, etc. The landlord can charge only the difference
between the original and new rates even if the agreement states that the rent is inclusive
of all such rates. The tenant may either pay it by deduction from deposit or on a yearly or
quarterly basis. After completion of tenancy, if the tenant doesn’t pay, the landlord may
charge a simple interest fixed by court.
15. S.14 imposes an obligation on the landlord to pay for necessary repairs to be conducted on
the property unless contrarily agreed upon by the parties.
16. If the landlord fails, the tenant may send written communication through notice giving a
period of 15 days. If still nothing happens, the tenant may go ahead with the repairs and
deduct such amount from the rent or take the money later from the landlord. If the
landlord doesn’t pay the tenant within a reasonable period of time, an interest of 15% per
annum on expenses may be charged by the plaintiff.
17. S.14 (3) states that accounts together with the voucher shall be conclusive evidence for
calculation of expenses of repairs and the same shall be binding on the landlord.

2.5 Relief against forfeiture

1. It is a relief provided to the tenant under S.15, Chapter III of the Act.
2. Earlier the landlord could simply approach the court for eviction orders incase of any
disputes. But, now there exists such relief to protect the rights of the tenant as well.
 3. S.15 states that no landlord shall be entitled to recover possession so long as the tenant
pays or is willing to pay the rent and observes and performs the other conditions of
tenancy which are consistent with the provisions of this act.
4. If however he doesn’t pay rents for an unreasonably long period, the landlord may deduct
the same from the deposit or may even ask him to vacate the premises following a
particular procedure and not by force.
5. A legal notice under S.106 of TOPA must be sent asking for payment of rent within 90 days
from receipt of such notice. Only after the rent hasn’t been paid even after 90 days, the
landlord may file a suit in court. The 90 days grace period has been given so that the
landlord is given an opportunity to collect the rents.
6. After filing of suit, the court would issue a process called issue of process and serve
summons on the tenant. If within 90 days from service of such summons, the tenant pays
the arrears of rent alongwith 15% interest per annum on such arrears, the court will not
pass any order for eviction. [S.15 (3)]
7. The court will not pay the landlord till the final disposition of suit. This is so that the court
may ascertain whether there have been any adjustments between the landlord and tenant
which may be in the form of deduction from deposit, etc. Accordingly, the court will
determine the amount payable by the tenant to the landlord.
8. Also, court fees must be paid by the tenant and if not paid then the same will amount to
contempt of court. The court may ask for deduction of such amount from the deposit
incase the tenant doesn’t pay.

2.6 Recovery of Possession

1. Recovery of possession can happen in case of non-payment of rent as well as other

grounds mentioned in the Act.
2. It is possible only by filing a suit in the court and only if the court is satisfied that the
reasons given are sufficient eviction will be allowed.
3. Recovery of possession may either be absolute or temporary. It may be absolute in cases
like where the tenant has caused damage to the property, if the tenant has erected
permanent structures without the landlord’s permission or if the tenant, his family
members, etc. are guilty of causing nuisance to neighbours. It may be temporary in cases
where the landlord wants to conduct repairs on the property or take possession of the
property for demolition work.
4. Recovery of possession can happen in case of non-payment of rent as well as the following
grounds as mentioned under S.16 of the Act, namely- (i) When the tenant has caused
damage or destruction or permanent injury to the premises as under S.108(o) of TOPA.
Such damage expenses are also recoverable from the tenant or may be deducted from the
deposit amount (ii) the tenant has without the consent of the landlord in writing has
erected a permanent structure on the premises except for carrying out any necessary work
with the permission of the municipal authority, (iii) where the tenant, his servants, agents,
etc. have caused any nuisance to the neighbours or has been convicted for using the
premises to indulge in illegal or immoral activities or certain other offences, (iv) if the
tenant has given a notice to quit and on the basis of that, the landlord has contracted to
sell or lease out the premises or has taken some other steps, which in the opinion of the
court he would be seriously prejudiced if he is not handed over possession of the premises,
(v) the tenant has on or after the commencement of the act has unlawfully sub-let or
transferred in any other manner his interest, (vi) where the tenant was given the premises
by virtue of being in service of the landlord and he has ceased to be in such service, (vii)
where the landlord bonafidely requires the property for his own use or use by a beneficiary
or for a trust held by the landlord, (viii) where the landlord bonafidely requires the
 premises for carrying out repairs which are not possible without vacation, (ix) where the
landlord bonafidely requires the property for immediate demolition and erection of a new
building, (x) where the premise consists of tenement(s) on the terrace and the premise is
required by the landlord for demolition or raising of floors on such terrace, (xi) premises
are required for immediate demolition ordered by the municipality, (xii) where the
premises consist of land which is required for erection of a new building by the landlord
and the same is permitted by the municipality, (xiii) the rent charged by the tenant from
any sub-tenant is above the standard rent or when (xiv) the premises have not been used
for purposes for which they were let without reasonable cause for a continuous period of 6
months before the date of the suit.
5. S.17 also provides that the landlord needs to give the tenant a notice of atleast 2 months in
advance about the completion of repairs. Also, if even after the delivery of possession, the
landlord fails to commence work within a month, the tenant may seek relief from the court
and the court may subsequently ask the landlord to reinstitute the tenant. Further, if the
landlord doesn’t commence work without reasonable excuse or fails to comply with the
court order mentioned previously, he shall be punishable with 3 months imprisonment or a
fine of Rs.1000 or both.
6. S.18 specifically talks about recovery of possession for occupation, etc. and re-entry. If in
such case, the landlord fails to re-let the premises within a month, the court on application
may order the landlord to reinstitute the former tenant. If this order is not complied with
or the landlord keeps the premises unoccupied without reasonable excuse, he shall be
punished with 3 months imprisonment or a fine of Rs.5000 or both.
7. Incase of carrying out of demolition work the landlord has to do so within 3 months. If he
doesn’t do so, then under S.19, the tenant may give a notice to re-enter such premises. If
he does not do the same, the tenant may make an application to the court and if the court
is satisfied that the landlord has not substantially commenced work within 1 month in
accordance with the undertaking, it shall direct the landlord to hand over possession of
vacant premises to the tenant. If the landlord doesn’t comply with the same or has not
carried out the work without reasonable excuse, he shall be sentenced to 1 month
imprisonment or a fine of Rs.5000 or both.
8. Some other legislative provisions as regards recovery of possession have been enumerated
in Ss. 20 and 21. S. 20 lays down that the tenant may give notice to the landlord of his
intention to occupy the new building being constructed under S.16(i) after demolition on
the same terms and conditions as before.
9. Also, under S. 21, the landlord shall inform the tenant 3 months in advance as to when the
required construction is to be completed and when the tenant shall be entitled to occupy
the new premises. Such building must have the same carpet area as the previous one. After
the landlord’s notice, the tenant has to either accept or refuse such a proposal and if he
refuses the same or failed to occupy the premises after acceptance, he has to pay 3
months rent to the landlord. If the landlord refuses to accommodate the tenant in the new
building, he has to pay a fine of Rs.5000 or he shall be sentenced to 3 months
imprisonment or both.
10. S.22 further talks of recovery of possession in case of tenancy created during service period
which may be terminated at the end of the service period. If required, the landlord may
even approach the competent authority to declare vacation of premises within a month.
11. Chapter V of the act provides for special cases in which recovery of possession is possible.
Under S.23, members of the armed forces, scientists or their successors-in-interest are
entitled to recover possession of the premises required for their occupation by submission
of certain required documents. But, they have to do so bonafidely and it will be allowed
only when they have no alternate accommodation. Such protection is available only when
they are in service or within 1 year from their retirement or on their death, their legal
 representatives may ask for recovery of possession within 5 years, incase of the armed
forces and within a year for the rest. The documents which may be required to be shown
by such landlords may be suit for possession, identity proof, certificate issued by officers
whom they worked under last and the tenancy agreement. Incase of death of such person,
the successors must show in addition to the abovementioned documents an heirship
certificate and a death certificate.
12. Also, under S.24, a licensee has to return the property back to the landlord on expiry of the
license and if he doesn’t do so, the landlord can make an application to the competent
authority.

2.7 Provision regarding jurisdiction of courts

1. The Act provides for 2 kinds of nomenclature with respect to deciding disputes- court and
competent authority. It is provided under Chapter VII of the Act.
2. For petty cases, the competent authority may be a Class-I officer not below the position of
Deputy Collector or Civil Judge Junior Division or a practicing advocate upto 5 years.
3. The State Government has the power to make rules to appoint such competent authority.
4. For the purpose of jurisdiction, the State of Maharashtra has been divided into courts for
Bombay and courts for other areas.
5. Mumbai also has a small causes court established under the Provincial small cause court
Act, 1887 which has a pecuniary jurisdiction upto Rs. 25,000.
6. For elsewhere, there is a civil judge junior division with a pecuniary jurisdiction upto Rs. 1
lakh and a civil judge senior division whose pecuniary jurisdiction is unlimited.
7. S.33 states that a district court has the authority to transfer cases from a small cause court
to a civil judge senior or junior division depending on the amount involved. These courts
then have the option of re-trying the case or continuing from the stage it was transferred
to it.
8. S.40 talks about appointment of the competent authority.
9. S.38 states that the time limit to dispose off cases under original suits is 1 year.
10. The appellate court of the small causes court is the 2 judge bench of the small causes
court. Then it goes to the district court.
11. Appeals from junior division or senior division lie to the district courts and this applies even
to transferred cases.
12. The appellate court has the following roles-
(a) To determine a case finally.
(b) If it is necessary, to remand a case.
(c) To frame issues and refer them for further trial.
(d) To take additional evidence or require such evidence from the lower court as under
Order 41 Rule 27 of the CPC.

13. The appeal shall lie within 30 days from the decree or order of the original court.
14. Under S.36, if the court is satisfied that the proceedings or applications filed by the plaintiff
are vexatious, false or frivolous, it is empowered to pass an award of compensation not
exceeding Rs. 2000 to be paid to the defendant.
15. Under S.24, the court may require the tenant to pay double the amount of rent till he
continues his stay even after the expiry of the agreement.
16. Cases-
(a) Rakesh Wadhwan and ors. v. Jagdamba Industrial Corporation and ors.
(b) Maniklal Majumdar and ors. v. Gouranga Chandra Dey
(c) Joginder Pal v. Naval Kishore Behl
Unit III- Land Revenue Code
notes on topics 3.3, 3.4, 3.5, 3.8 and 3.13 not available
Also, 3.6 and 3.15 are the same

The main object of this act is to deal with matters connected with land revenue and land survey.

3.1 Historical Background

1. Earlier, the King would own all land and major part of his revenue used to come from
agricultural land.
2. The ministers were entrusted with the task of revenue collection.
3. Generally a powerful person of the area was appointed by the King to collect revenue and
such person could also punish incase of any default in payment. This was generally in the
form of rigorous punishment and included capital punishment.
4. Later, the system was changed due to fear of revolution.
5. Generally, 1/3rd of the produce would go the King.
6. Sher Shah in the 1540s was the first person to propose that payment by way of giving a
part of produce could be replaced by payment by cash.
7. He also proposed certain yardsticks for the measurement of land like the Illahi or Gaz (a
rod) and a Tanab (chain). These generally measured 41 standard fingers and with the
passage of time changed to 33 inches.
8. The concept of bigha came in wherein 1 bigha land was 60 square yards or square of 60
rods.
9. This was followed by the Maratha empire under Shivaji in the 1780s wherein it was
declared that land revenue wont be charged as a lumpsum but will depend on the nature
of crop and measurement of land.
10. This was also the time when the Jagirdari system was prevailing in which a person would
be given the charge of administration as well as revenue collection of a particular land. This
was abolished by Shivaji and the Inamdari and Batwara system came up in its place.
Middlemen were also removed.
11. In 1818, several surveys were conducted by the East India Company and taxes were added,
criteria was laid down, etc. They also provided that incases where there was excess
collection of land revenue, it could be adjusted later on.
12. Mr. Pringle conducted a survey of Pune in 1827 and the concept of acre came up for the
first time though the survey wasn’t very successful.
13. In 1864, land records maintenance was introduced by using survey maps, sketch and scale
maps, etc.
14. The survey department was abolished in 1901 and its place a land record department was
constituted for the first time. It emerged as a department to deal with land records of
different states.
15. The Survey and Settlement Act was passed which contradicted the Bombay Land Revenue
Code, 1879 (which was amended in 1913 and 1939). Thus, a common code was required
and hence the Land Revenue Code was passed.

3.2 Some important definitions

1. S.2 (22) defines revenue year as any date of commencement of any year decided by the
state government. It is generally from 1 st August to 31st July. It is important for the state
government to decide the defaulter’s list. The tenancy year is from 1 st April to 31st March.
2. S.2 (19) defines land revenue. (Check)
 3. S.2 (36) defines a survey mark as a mark erected for the purpose of this code for
conducting survey of land.
4. S.2 (3) states that a boundary mark is any erection of stones or any hedge or any fence or
any strip of ground which is set up or employed or specified by the survey officer to
designate the land. It may be artificial or natural.
5. S.2 (37) defines a survey number as a portion of land of which the area and assessment are
separately entered under an indicative number.
6. S.2 (18) defines land record as a record maintained under the provisions of the code for
various purposes and includes a copy of a map and plan.
7. A list of land records may be given as under-
(a) Survey record
(b) Revenue record
(c) Record of rights
(d) Maps
(e) Register of mutations
(f) Register of land acquisitions
(g) Register of tenancies
(h) Register of disputed cases in court and summary cases before revenue officers, courts,
tribunals, etc.
(i) Register of authenticated translation of various orders
(j) Register of forest land
(k) File of various forms- These are generally 13 in number

3.7 Grant of Land

1. Land may be granted by the government to certain institutions, private persons, etc. after
complying with certain conditions.
2. Such grant may be permanent or temporary.
3. Any land not recorded as being in the name of any private person will be treated as
property of the state. Such lands are called arable lands in villages or unoccupied land.
4. Such grants may be in the form of sale, lease or even in the form of awards to people
affected by natural calamities, etc.
5. S.29 talks about the persons or class of persons who may be granted land and these
include persons under Class-I, Class-II and government lessees.
6. Persons under Class-I are those to whom lands may be granted without any condition
about the transfer of property as in case of persons belonging to the armed forces. Such
persons are given lands in perpetuity and permanently without any restrictions.
7. Persons under Class-II are those who hold property permanently but subject to certain
restrictions with respect to transfer.
8. A collector or tehsildar may grant land by asking for nominal payment on the conditions as
decided by the state government.
9. Another category of land which may be granted by the government is alluvial land. Under
S.32, such land is generally given to such persons who stay close to the river or sea bed
where sediment gets deposited.
10. Such person shall be asked to pay 3 times on the assessment on land.
11. As per Ss.36 and 36A, land granted to a tribal community cannot be transferred to a person
from a non-tribal community without the collector’s permission.
12. As per S.36BB, pleaders, advocates, etc are debarred from making appearances before the
collector, state government, commissioners with respect o such matters.
13. Under S.36C, it has been provided that no civil court has any jurisdiction to settle, decide or
deal with such matters
3.9 Procedure for conversion of use of land from one purpose to another

3.10 Penalty for using land from one purpose to another without permission

1. S.66 states that non-agricultural purpose implies use of land for buildings, industrial
purpose, commercial purpose or any other non-agricultural purpose (also specified in S.57
and S.67).
2. S.42 states that except with the permission of the collector no land can be used for any
non-agricultural purpose. This is because if it is unauthorized, it will affect the
government’s revenue.
3. Thus, non-agricultural use is only a conditional right as it depends on the collector’s
permission.
4. Such permission is required mainly because of the following reasons-
(a) To bring such owners/users of land into the category of land revenue payers as it is
different for non-agricultural purposes. Also, incase of agricultural lands, persons are
exempted from payment of certain taxes and are given benefits such as insurance of
crops. Hence, the classification is necessary.
(b) To keep separate records of non-agricultural use of land.
(c) To classify lands for application of other laws such as TOPA, Succession laws, etc.

5. An occupant of unalienated land, any superior holder or a tenant may apply for conversion.
6. S.2 (2) defines what alienated land is. (Read)
7. A superior holder is almost like a real owner. He may be one who has a charge over the
property like a creditor.
8. A tenant may apply only if he has the landlord’s permission.
9. Such application may be given even when a person wants to ask for conversion from one
non-agricultural use to another.

10. The following procedure is to be followed for such conversion (S.44)-

(a) The prescribed form is first to be gotten from the collector. Alongwith that, a person
needs to have a copy of the 7/12 extract, title documents, no dues certificate, ID proof
or ration card and a photo xerox.
(b) The collector must acknowledge this form within 7 days. If there is any incomplete
information, he shall send the form back to be completed within reasonable time.
(c) Once he receives such form, he has to issue his permission within 90 days. If he doesn’t
do so, permission would be deemed to have been given. If the information was
incomplete and the form was sent back, the collector must issue his permission within
15 days from the time the completed form was received, else it will be deemed to have
been given.
(d) Once permission is granted, the person applying will get a sanad or a granting
certificate. If a person starts using the land for non-agricultural purpose much later
than the date the sanad was given, he must inform the tehsildar within 30 days from
the date of actual use of land. If he doesn’t do so, the collector shall impose a fine
which normally doesn’t exceed Rs. 500 per day.

11. In Balwant Sathe v. Sub-divisional Officer, Mahad and Jamunabhai Shah v. Bajirao Kalbhor,
it was held that the actual date of start of use is material.
12. The Collector may refuse permission to secure public health, for safety, convenience or
when such use may be against any scheme for planned development of land.
 13. Under Ss. 43 and 45, if the person starts using the land for non-agricultural purpose
without permission, after determining cause, the collector will award penalty in the
following manner-
(a) Non-agricultural assessment of land will be charged as per time decided by the
collector.
(b) Any fine decided by the collector subject to the rules by the state government.
(c) To restore the original use of land by asking the user to remove any structures or
erections made on property or land or to fill up excavations made on land.

14. If even then such person doesn’t obey the orders of the collector, he shall be fined upto Rs.
300 for each contravention and Rs. 30 per day till he complies. Further, the collector may
also recover the cost of proceedings from such person.

3.11 Provision relating to construction of water course through land belonging to another person

1. Here such another is a neighbouring holder.

2. The water course may be constructed by way of a canal or a pipeline.
3. The procedure as laid down under S.49 is as follows-
(a) Applicants are required to make an application to the Tehsildar. Such application must
contain details of name, property, name of adjacent owner, details of adjacent
property, how the applicant wishes to construct the water course and for what purpose
does he need it, etc.
(b) The tehsildar will then send notices for hearing of objections to neighbouring holder.
Then, on the basis of such application or objection, the tehsildar shall either allow or
disallow the application for construction.
(c) The tehsildar then issues permission and directs the neighbouring holder to allows the
water course on certain conditions.

4. The conditions on which construction will be allowed are-

(a) The applicant shall continuously pay a fixed rent, the minimum amount being 25p per
10m.
(b) The direction of watercourse must also be kept in mind. If pipelines are used, they
shouldn’t be less than ½ m below the surface. Also, if a canal is constructed, the width
of the canal must be kept in mind.
(c) Assurance amount to maintain or repair must also be specified.
(d) Further, compensation must be paid for all damage caused to neighbouring holder. If
there is no payment, the tehsildar must be informed about the same and he shall
secure the necessary payment.

5. The neighbouring holder is under an obligation not to damage or interrupt the water
course.
6. If the applicant wishes to discontinue the water course, he must inform the neighbouring
holder about the same.
7. Thereafter, he will no more have any liability to pay for rent or pay damages to the
neighbouring holder.
8. The neighbouring holder may also ask for using the water course. If allowed, the applicant
shall take a specific amount for the pipes. If rejected, the pipes shall be removed or the
canal shall be filled up.
9. The applicant may also himself propose to sell off the water course to the neighbouring
holder.
3.12 Relinquishment of Land

1. This has been provided under S.55.

2. It means to surrender, to sacrifice, to release or to submit a claim in land in favour of the
state government.
3. For that, a person must give a notice of 30 days prior to the end of the agricultural year.
4. S.57 provides that easmentary rights may be given to the original owner or to such person
who has these rights.
5. Such relinquishment generally happens due to change in government policy.

3.14 Revenue Survey

1. This has been provided under Ss.79-89.

2. If the state government feels that a new village or tehsil has been created, it can conduct a
revenue survey. It may also do the same if he feels that there are any changes in the use of
land.
3. The state government conducts such survey under S.79.
4. The objects of the survey are-
(a) Assessment or settlement of land.
(b) To prepare village maps.
(c) To prepare boundary marks.
(d) To measure land in a village.
(e) To maintain land records.

4. S.93 states that settlement is determination of operations conducted on a land in a zone

for land revenue purposes.
5. For assessment of land, the following factors must be considered-
(a) Nature of land
(b) Climate and Rainfall
(c) Supply of labour and population
(d) Quality of crops
(e) Market available
(f) Principal crops
(g) Agricultural resources.

6. Revenue officers may be appointed to conduct surveys.

7. Ss. 80 and 81 states that the revenue officer may require village officers, landlords, owners,
farmers, etc. to be present alongwith the documents relevant to the use of land and
provide support and help in demarcation and conducting survey.
8. The revenue officer will then allot a survey number.
9. S.82 states that the survey number must not be given for less than a certain extent of land
as fixed by the Director of Land Records.
10. Problems may be faced while allotment of such survey number such as ongoing partition,
unclear title, etc.
11. Only if different titles are registered can there be different survey numbers.
12. S.85 states that if it is found that agricultural land is being used for non-agricultural
purpose, the survey number will be divided into new survey numbers demarcating both
such uses.
13. S.86 provides that a survey number need not be allotted if the land is being used for
cremation, bazaar or other pubic purpose.
3.15 Land Records

1. This has been provided under Chapter X of the Code.

2. It deals with the record of rights, register of mutations and register of disputed cases.
3. The record of rights is a way in which interest in land is granted to tenants. This was
introduced by the British.
4. In 1897, the Famine Commission was asked to prepare a record of rights. The main
problems faced by them were with respect to different rights of women, children and
coparceners as under the various personal laws.
5. In 1898, the record of rights finally came into being. This was replaced in 1913. The major
problem was as to who shall maintain such records.
6. After independence, it was thought that every state must have a separate record of rights
and thus such provision has been made in the various land revenue codes.
7. S.148 of the Maharashtra Land Revenue Code prescribes the particulars of the record of
rights as follows-
(a) Names of holders, occupants, assignees, tenants, etc.
(b) Nature or extent of their rights and liabilities.
(c) Payments such as land revenue, government charges, lease rents, etc.
(d) Payments received as rents from tenants.

8. The Collector at the district level, Tehsildar at the Taluka level and the village officer or
Talati at the village level shall maintain such records.
9. S.150 talks about the register of mutations and the register of disputed cases.
10. The register of mutations mainly provides for changes or alterations with respect to land
such as transfer by will, gift, etc.
11. The serial number of land, kinds of alterations, dates of communication of such changes,
direction of village, survey number, etc. must be mentioned in such register.
12. Under S.149 of the Act within 3 months after acquisition of rights, a report or
communication must be made to the village officer. Even if the successor doesn’t
communicate about such right, his right remains absolute.
13. A notice is then posted outside the village asking if there are any objections to such entry
in the register of mutations.
14. If objections arise, it goes into the register of disputed cases.
15. Revenue officers are not authorized to decide cases involving defect in actual legal title.
They can only decide cases with respect to heirs or alterations.
16. Certain states also record acquisitions in the register of mutations.
17. The register of disputed cases may include judicial, quasi-judicial, administrative or
executive enquiries related to the property.
18. As per S.151, the land record department officer may impose an obligation on tenants, co-
sharers, etc. to provide information, supply documents for compilation or revision or for
inspection of such documents.
19. For this a month’s notice has to be given.
20. The officer may inspect the documents and endorse them to the parties. The parties must
be present while such documents are being presented.
21. As per S.157, there is a presumption as to the correctness of the record of rights, the
register of mutations and the register of disputed cases.
22. S.155 states that if any unintentional or clerical errors are found, the same may be later
corrected by the collector.
23. S.158 bars suits against the state government or any officer in respect of a claim to have an
entry made in a land record under Chapter X.
 24. There are also certain rights in unoccupied land. These are in the form of Nistar Patrak and
Wajib-ul-arz.
25. These essentially identify lands not belonging to any particular person and are to be
maintained by the village officer or by the collector at the district level.
26. The Nistar Patrak contains information about the management and use of an unoccupied
village land and directions for such use.
27. The collector must obtain such information and direct the use of land.
28. Under S.161, the draft of the Nistar Patrak includes statistics and details of land available in
each village. The concerned village is to display the same outside the village office. If any
person has objections to the same, he may submit a proposal. On the basis of
recommendations of the Panchayat members or 1/4 th of the adult population of the village,
the collector may modify the Nistar Patrak.
29. The following particulars must be mentioned in the Nistar Patrak-
(a) Certain terms and conditions on which cattle grazing will be permitted.
(b) Terms or conditions on any residents of the village to obtain wood, timber fuel or any
other forest produce or any kankar or stones or clay or other minor minerals.
30. S.167 states that violation of these sections may attract a penalty of Rs.1000 and a
recovery of the produces.
31. S.163 provides a concession to village craftsmen as regards removal of woods from forest
produces.
32. The Wajib-ul-arz is wherein the collector collects information of the customs related to
certain easements which have been approved by the State government and local bodies.
The use of such easements may be allowed for services to the government.

3.16 Appeal, Revision and Review

1. As per S.247, while filing an appeal if the previous authority who heard the case gets
promoted to the appellate post, the case will be heard by another officer.
2. S.249 provides for an appeal against a revision or review order which may be passed like
any other order. (Read)
3. S.250 provides for a limitation period of appeal of 60 days if the original order is passed by
an authority below the collector or by the superintendent of land records (check), else it
shall be for 90 days. It begins from the date the appellant gets notice of such order and
excludes the time required to get a copy of the order.
4. S.251 states that there may still be admission after the period of limitation but it must be
on the ground of sufficient cause.
5. S.252 provides that against the following orders, no appeals shall be entertained-
(a) Admitting an appeal or application for review as per S.251.
(b) Rejection of application for revision or review.
(c) Granting or rejecting an application for stay as provided under S.256.

6. S.253 states that if the last day of any limitation period is a Sunday or a holiday, the next
day will be regarded as the last date.
7. S.254 states that while filing an appeal, the certificate of order must be attached.
8. S.255 provides for the powers of the appellate authority which are as follows-
(a) May admit/permit/reject, etc. an appeal at the beginning by recording reasons.
(b) May call for records to verify the order or proceedings.
(c) To issue notices.
(d) May modify, reverse, confirm or direct further investigation as regards the original
order or may remand the case for disposal to subordinates after hearing both parties.
9. Under S.256, there may be a stay of revision or review or appeal. (Read)
10. Under S.257, the state government, revenue or survey officers not below the rank of
deputy or assistant collector or superintendent of land records have the power to examine
and call for records.
11. In SB Teli v. State of Maharashtra, it was held that S.257 doesn’t provide for second
revision.
12. As per S.258, the state government, survey officer or revenue officer may on its own or on
application of a third party review any order passed by a subordinate authority or by itself.

13. In such a case, there may be a review on the following grounds-

(a) Discovery of new evidence or other important matters.
(b) Some error or mistake on the face of the record.
(c) Any other sufficient reason.

14. If on the original application, review order is passed and there is a final declaration of such
order, there can be no further reviews. Thus, there can be no second revision. This was
also held in Hukumchand Gandhi v. State of Maharashtra.
15. S.259 provides that the state government has the authority to pass rules altering final
orders made under this code.
Unit IV- Mamlatdars’ Courts Act (Read assignment and table in notes if required)

1. In 1876 this Act was available only to the State of Bombay but in 1906 it was extended to
the whole of Maharashtra.
2. Its main object is to deal with powers and procedure followed by the Mamlatdar as a court
while dealing with disputes with respect to land and interest connected with land.
3. The post of Mamlatdar was created during the Mughal rule to collect revenue and decide
revenue related matters. It is derived from the term ‘mamla’, an Arabic word which means
matter.
4. A Mamlatdar was generally given a group of villages called Tehsil or Taluka.
5. He has the status of a civil court and has the power to supervise the lower officers in
collection of revenues and deposit the same with the collector.
6. Earlier, he could even impose punishments for non-payment of revenue.
7. S.3 (a) provides that any revenue officer who exercises the power of Tehsildar or any
specially appointed person who exercises the powers of a Tehsildar or a Mamlatdar who
has been appointed by the state government will be regarded as a Mamlatdar.
8. S.5 relates to powers of a Mamlatdar incase of obstructions, erections, interruptions, etc.
He has the following powers as regards the same-
(a) To remover such obstructions, impediments, etc. which are caused to the natural flow
of water on the adjacent land which is being used for grazing or for crops or trees.
(b) To restore the water course.
(c) To restore the possession of the plaintiff.
(d) To remove such obstructions without the authority of law.

9. Natural flow of water includes artificially created natural flow like incase of a canal.
10. Under S.7, the owner of land or his tenant may prepare a suit as a plaint and it must have
the following contents-
(a) Name, age, residence, location of property, residence
(b) Nature of impediments or erections caused by the defendant
(c) Nature of damage caused to the plaintiff
(d) Date of cause of action
(e) List of documents and witnesses. – The plaintiff shall mention which witnesses shall be
called in court. Others may or may not be called and cross-examined.

11. The entire process involves 3 stages- pre-trial process, trial process and conclusion or post
conclusion execution or effect.
12. S.8 provides that a Mamlatdar may even treat an informal petition as a plaint. After seeing
such petition, he will call on the plaintiff and ask him if it is true or not. If true, he may ask
the plaintiff if he is ready to invoke the remedy. If the plaintiff accepts the same, the
petition shall be treated as a plaint.
13. S.9 talks about administration of oath and S.10 talks about verification of plaint. These 2
are very important in the pre-trial process.
14. S.11 talks about endorsement by a Mamlatdar.
15. S.12 provides for rejection of plaint by Mamlatdar on certain grounds in the pre-trial and
trial stages. These grounds are as follows-
(a) If the plaintiff doesn’t state any grounds, facts or circumstances on oath before the
Mamlatdar.
(b) The property or land is not of such nature as mentioned under S.5.
(c) If the details as per S.7 are not provided.
(d) If the plaintiff doesn’t verify the plaint.
16. S. 13 states that a Mamlatdar may even return a plaint for lack of jurisdiction. This may also
be as there may be change of jurisdiction to another Mamlatdars’ court by the collector.
17. Under S.5, the Mamlatdar may even transfer the case to the civil court by stating reasons.
18. S.16 provides that where the parties fail to produce documents or attend required
proceedings, the Mamlatdar may even reject the plaint.
19. It is the duty of the parties to submit evidence and produce the witnesses.
20. S.17 states that there may be adjournment on the basis of summons or notices not served
on parties to the suit. (Check)
21. S.19 talks about the points which are to be discussed by the Mamlatdar during the hearing,
which are as follows-
(a) Impediment caused to water flow or any damage to plaintiff’s interest.
(b) Whether the defendant erected any impediment.
(c) Whether the suit is in the limitation period of 6 months.
(d) Whether there is any interference, obstruction or impediment or any attempt made.

22. S.19 (4) states that if the suit is in favour of the plaintiff, the Mamlatdar will order a decree
of injunction. If it is against the plaintiff, the suit shall be dismissed with costs to be paid by
the plaintiff.
23. Under S.20, the Mamlatdar’s orders shall be endorsed on a plaint and shall be read out in
open court stating brief reasons for such order.
24. The order is then to be executed by the subordinate officers or Talati on a specific date.
25. Under S.21, if the defendant sowed seeds in a wasteland and later found out that such land
was the plaintiff’s, 2 reliefs are available-
(a) Purchase of crop at price decided by Mamlatdar OR
(b) The plaintiff must wait till the defendant removes the crop.

26. As per S.21 (4), if a person obstructs or disobeys the orders of a Mamlatdar, he is
punishable under S.188 of the IPC.
27. Under S.23, no appeal can be preferred from any order of the Mamlatdar under this Act
except when the collector is satisfied that the suit hasn’t been decided lawfully or properly
or that such decision will affect the principles of justice he may call for revision of the
proceedings and decide the case.
28. Ss. 23 and 6 lay down that the Collector can transfer a case from one Mamlatdars’ court to
another for the sake of impartiality or convenience of parties.
29. S.25 states that where a plaintiff knows the contents of the plaint to be false, he shall be
punishable under S.193 of the IPC with upto 7 years imprisonment or with fine.
Unit V-Land Acquisition Act, 1894

Scope-

1. It provides for acquisition of land by government for public purpose. Public purpose
connotes government purpose and public interest or benefit or utility.
2. While acquiring land, compensation needs to be paid to the original owner.
3. It is done by the government, institutions and corporations managed and funded by the
government.

Historical Background-

1. The first idea as regards this came with the Bengal Regulation Act, 1824. In 1857, this Act
was replaced by the Land Acquisition Act.
2. The main object of the new act was to remove problems created due to the use of the
term ‘public interest’ and to change the procedure involved.
3. In 1870, a new act was passed replacing the former and empowering civil courts to settle
cases.
4. Finally, the Act of 1894 was passed.
5. The Land Revenue Conservation Commission was established to conduct surveys and find
out which lands are beneficial to the government. They also used to calculate the value of
land on the basis of which compensation could be paid.
6. Earlier, right to property used to conflict with this Act but when it became a constitutional
right, this problem was done away with.

Process of Land Acquisition-

1. S.3 (g) talks about persons entitled to act on behalf of another.

2. The land acquisition process may be divided into the following 3 stages-
(a) Pre-acquisition process
(b) Acquisition process
(c) Post-acquisition process

3. The collector has to first convince the people by holding meetings and hearing everyone’s
objections.
4. All communications need to be made available to the government.
5. It must also be seen as to what matters need to be considered while providing for
compensation. Also, instead of compensation, a person may also be given a remission of
tax on his other properties and he may be given alternate land as well.
6. The objections of people must be heard based on the principles of natural justice. NGO s,
Police, etc may help in eliciting such opinion.
7. Penalties have been provided in the Act for such persons who disturb or obstruct the
process.
8. Collector must control the land acquisition proceeding. He may be a district collector or a
deputy collector or any other officer appointed by the government.

Public Purpose-

1. Public purpose has been provided under S.3 (f) of the Act. This section is inclusive and thus
may be added to but is not conclusive.
 2. S.3 (f) states that land acquired for the following will fall within the ambit of the term
‘public purpose’-
(a) Extension of village sites for planned development.
(b) Land acquired for any scheme or under government policy and disposal, sale or lease of
it for which the land can be acquired.
(c) Provision of land for corporations owned or controlled by the government.
(d) Land acquired for educational purposes, housing (rehabilitation), health, slum-
clearance, safety or security, etc.
3. In Pavadai Gounder v. State of Maharashtra, it was held that to be a public purpose under
the Act , the purpose stated must be beneficial to a sufficient number of persons of a
particular community.
4. Naihati Municipality v. C Mukherjee- Land acquisition for rehabilitation of hawkers.
5. There is another case where land acquisition for slaughter houses has been regarded as
being public purpose under this Act.
6. In State of Bihar v. Sir Kameshwar Singh, it was held that acquisition of land must only be
for public benefit or utility.

Steps for Land Acquisition-

1. The first step is that of preliminary notification as provided under S.4 (1). It includes
information of resolution passed by the government. The notification must be published in
the official gazette and in atleast 2 newspapers, one of which must be a regional
newspaper. There may also be a public notice given by the Collector with the help of
volunteers, etc.
2. The second step deals with hearing of objections and is provided under S.5-A. They are to
be first heard by the collector and then by the civil court. Written objections must be
submitted to the collector within 30 days from the date of publication of the notification or
public notice. The collector shall then conduct an enquiry and give all parties the
opportunity to be heard within a reasonable time period. The collector must then prepare
a chart of objections and send them to the government with his recommendations which
are very important as he has first hand knowledge of the ground realities.
3. Now, if the government still feels that it must acquire such land, it has to make a
declaration of the same. Such declaration must include the measurement of land, markings
or demarcation or fencing on land, etc. Generally, there are several obstructions during this
phase. S.46 provides that a person who commits such an offence will be punishable with 1
month imprisonment or Rs.5000 fine or both.
4. In the last phase, the government acquires possession of land. Between this phase and the
third phase, compensation needs to be paid.
5. An objection against the collector’s order may lie with the civil court within 30 days from
such order.
6. The civil court will summon the interested parties under S.18 who are the collector and his
officers to give necessary evidence.
7. Under S.18, the application will be heard under the procedure laid down by the CPC. An
order may then be passed by the court to either confirm or increase the compensation.
However, it cannot be reduced.
8. S.28-A talks about re-determination by the collector. The persons who were not party to
the previous application under S.18 but have similar claims may file an application with the
collector within 3 months from the decision of the court. If the collector is satisfied, he may
pass an order increasing compensation by the same rate as in the previous case.
9. The people generally don’t go to the civil court again as it has already given its decision and
it would also be overburdened.
 10. Once such recommendation is made by the collector, the state government will increase
the compensation. This is however the last chance to increase compensation.

Rules for payment of compensation-

1. S.11 talks of awarding of compensation by the collector.

2. S.23 deals with the matters which must be considered while determining compensation
and S.24 deals with matters which are to be neglected.
3. The collector must inform the government as regards compensation.
4. S.23 provides that the collector must consider the following while awarding compensation-
(a) Damage caused to movable or immovable property.
(b) The nature of land. – Whether it is irrigated, non-irrigated, agricultural, non-
agricultural, etc.
(c) Market value of land- This changes on the basis of the nature of land. This market value
must be equal to the selling price of land. It changes every year and hence a suitable
market value must be decided upon.
(d) 12% interest must be paid on market value from date of notification till possession.
(e) Also, 30% additional consideration must be paid on the market value till final
acquisition in order to adjust the income which could have been derived from the land
in the meantime or for any other purpose.
5. The 1984 amendment added S.11-A to the Act according to which the collector is bound to
pay compensation within 2 years from the declaration. If not paid within 2 years, all the
proceedings have to be stopped.
6. If compensation is not paid from the date of declaration till 1 year since then, 9% interest
will be charged from the date of notification till 1 year from declaration. For the second
year, the rate of interest charged will be 15%. Thereafter, if compensation hasn’t been
paid, acquisition will lapse. Thus, land cannot be acquired if compensation hasn’t been
paid.
7. Compensation to be paid within time of possession. (Check)
8. Even if a small amount is paid, acquisition continues. The government need not pay the
entire amount.
9. Generally, the compensation is fully paid upto the completion of acquisition.
10. However, the SC has held that 80% compensation must be paid at the time of taking
possession.
11. S.31 states that compensation may be deposited with the civil court in cases where
incompetent persons are involved.
12. S.32 states that the civil court can invest the money gotten by way of compensation by an
incompetent person in approved securities or in other lands.
13. S.34 again deals with payment of compensation. (Read)

Land Acquisition for Companies-

1. S.3 (e) of the Act states that a company means a company defined under the Companies
Act.
2. A company includes a company as defined under the Companies Act, institutions owned or
controlled by the government, a society registered and controlled by the government, a
cooperative society which in which the government has atleast a paid up capital of 51%.
[S.3 (cc)]
3. S.38-A states that an industrial concern which has not less than 100 concerns under it may
ask for land acquisition for construction of dwelling houses or for constructing a building or
company for public purpose.
4. Even associations which form a part of a company may ask for land acquisition to the
district collector.
5. These bodies have to submit requisite documents to the collector and permission must be
taken from the concerned authorities like the environmental authorities and boards, etc.
6. The collector will then forward such proposal to the government that the association
wishes to acquire such land. The government will then conduct an enquiry under Ss. 39 and
40.
7. S.39 provides that consent must not be given unless an enquiry has been conducted.
8. An enquiry may also be conducted by the collector of the same or a different district
wherein he has to visit the person wanting to acquire and visit the spot and consult people
living nearby.
9. A copy of such enquiry will be submitted to the collector and another to the government. If
the government is satisfied, it shall give consent by agreement.
10. The various steps of land acquisition by a company are as follows-
(a) Proposal
(b) Enquiry
(c) Permission
(d) Agreement between company and government
(e) Publication of agreement

11. Between the last 2 stages, the company officer shall coordinate activities with the
collector.
12. The agreement giving permission must contain details about the nature of land, use of
land, public purpose involved and other basic information. This is to ensure that the
company complies with what it has promised.
13. The company must also pay for the cost of acquisition which includes incidental amounts
for publication, the cost of compensation, etc.
14. The agreement must also mention about the community support to be provided by the
company.
15. A government company need not enter into any such agreement.
16. An undertaking with respect to transfer of land in the company’s name must be mentioned
in the agreement too. This is because the company is a separate entity.
17. Other things required to be mentioned are the manner, time and condition of work.
18. A standard form of agreement is generally formed after studying central and state rules on
acquisition.
19. S.41 states that if an agreement is not entered into by the company with the government,
the provisions under Ss. 6-16 and under Ss. 18-37 will not be enforced. Ss.6-16 deal with
provisions like declaration of land acquisition, measurement of land, passing of awards by
the collector, etc. Whereas, Ss. 18-37 deal with reference to court, distribution of
compensation, payment of compensation, etc.
20. After all this as per S.42, the agreement must be published in the official gazette to avoid
disputes with the general public, NGO s and other organisations, etc.
21. Such publication may also be done through newspapers.
22. On publication, the collector shall under S.4 release preliminary notification as to land
acquisition in favour of the said company and the same process will be followed.
23. If acquisition doesn’t commence or is left incomplete without any justification,
compensation will be awarded to the affected parties. Such compensation will be
determined under the Act and will include actual amount declared by the company
alongwith any other damages caused.
24. This order will be passed by the court and the company has to pay for the proceedings.
Other points-

1. Under S.17, the government in case of urgency may acquire land while proceedings with
respect to the same are still pending. However, this is only an exception and not the
general rule.
2. There are several bodies constituted to hear grievances as regards the land acquisition
process available, to conduct surveys or enquiries about the use of land, etc. They are-
(a) State land use board- They conduct meetings with people, organisations, etc. to
ascertain how much land is available in the state. They get proposals which they submit
to the Chief Minister and the State Government.
(b) National land use board- They implement schemes under national laws, rules, etc. Their
job is to identify lands and their probable use as a resource. They then propose
reservation of land for various purposes. Their ultimate aim is to draft a policy on land
use based on which acts could be passed.
(c) Commission for Natural land resources conservation

3. The collector may report about his problems to such bodies which may then incorporate
the same as guidelines while enacting new legislations or amending old ones.

Read Draft Land Acquisition Bill from handout.