Mysore Urban Development Authority Vs. K.M. Chikkathayamma & Ors.[ALL SC 2018 September]

September 07, 2018: LAND ACQUISITION-Any act done by the parties in relation to the subject matter of the appeals after the impugned order, cannot be pressed into service to support the impugned order. In other words, the legality and correctness of the impugned order has to be examined in the light of reasoning contained in the impugned order and not on the basis of the acts done by the parties subsequent to the passing of impugned order. It is for this reason the acts done by the party subsequent to passing of the impugned order are of no relevance for deciding the present appeals. APPEAL ALLOWED. Continue reading

Vesting and Management of Ram Janmabhumi Land, Ayodhya in Central Government

4. General effect of vesting. (1) The area shall be deemed to include all assets, rights, leaseholds, powers, authority and privileges and all property, movable and immovable, including lands, buildings, structures, shops of whatever nature or other properties and all other rights and interests in, or arising out of, such properties as were immediately before the commencement of this Act in the ownership, possession, power or control of any person or the State Government of Uttar Pradesh, as the case may be, and all registers, maps, plans, drawings and other documents of whatever nature relating thereto. Continue reading

Land Conversion under West Bengal Land Reform Act

Refer: WEst Bengal Land Reform Manual

160. Change in land use is regulated by sections 4, 4A, 4B, 4C and 4D of the West Bengal Land Reforms Act, 1955, and Rule 5A made there under.

Besides section 46 of the West Bengal Town and Country (Planning and Development) Act also places some restrictions on change in land use. While the latter Act is implemented by institutions authorised by the Planning Authority or the Development Authority in this behalf, provisions of the former Act are to be enforced by Officers of the Land and Land Reforms Administration. Continue reading

Mutation of Names in Record of Rights under West Bengal Land Reform Act

Refer West Bengal Land Reform Manual

56. (i) Mutation, meaning substitution of the name of a person by the name of another in
the record-of-rights, may be done by a prescribed authority under section 50 of the West
Bengal Land Reforms Act, 1955.

(ii) Mutation is done on the following grounds :

a) Transfer by sale, gift or hebanama;
b) Exchange, and
c) Inheritance.

(iii) Mutation, claimed on the basis of transfer shall not be allowed without a registered deed.
(iv) Application for mutation requires no court fee stamps for filing. Applications may be made on plain paper.

57. (i) Applications for mutation should be accompanied by a copy of the deed of transfer. In case of inheritance, documents if any, in support of such inheritance should be furnished.
(ii) Copy of rent receipt showing the payment of up-to-date revenue and cess of the land in question should also be furnished.
(iii) In addition to the above, the applicant will have to furnish an undertaking to the effect that in case the mutation is allowed he will have no claim over the land if in future it vests in the State in any proceedings under any provision of law.
(iv) Applications for mutation may be filed in the Office of the R.I. or B.L.L.R.O., or in higher offices. Where an application has been filed in offices other than that of the R.I., it should be immediately sent to the R.I. for enquiry.

58. As soon as an application has been received in the Office of the R.I. it should be entered in Register IX.

59. (i) In respect of every application for mutation, the R.I. will start a case and hold an enquiry with previous notice to the petitioner praying for mutation.
(ii) During such enquiry, the R.I. should—
a) verify physical possession of the applicant;
b) examine the registered transfer-deeds; and
c) where mutation has been claimed on ground of inheritance, collect necessary evidence in support of such inheritance from the locality.

(iii) The R.I. will verify if the plot in respect of which mutation has been prayed is vested or if it is a patta land. Such verification should also include examination of the copy of the R-O-R available with him. If such copy is not available with him, he will collect necessary information from the Office of the B.L.L.R.O.
(iv) The R.I. will submit the report to the B.L.L.R.O.

60. Mutation applications will be disposed of by one of the Revenue Officers attached to the office of the B.L.L.R.O. (Block Land & Land Reforms Officer). For this purpose, all Revenue Officers have been appointed as “prescribed authority” under section 50 of the West Bengal Land Reforms Act.

61. The procedure for disposal of the mutation petitions will be as under :
(a) Where the mouza has been finally published and the copies of record-ofrights are already available with the Revenue Inspector, he will, after previous consultation with the concerned Revenue Officer (the Prescribed Authority u/s 50 of the West Bengal Land Reforms Act), fix a date for hearing in his office.
(b) Notice for hearing will be issued to the applicant under the signature of the Revenue Inspector.
(c) On the date fixed the Revenue Officer will attend the Office of the Revenue Inspector and take the hearing.
(d) The Revenue Officer will carefully consider the memorandum of enquiry prepared by the Revenue Inspector and examine the original documents produced by the applicant.

62. If after considering all aspects of the case the Revenue Officer is satisfied that mutation should be allowed, he should, as the Prescribed Authority pass an order to the above effect. On the very day the copy of the record-of-rights should be corrected to reflect the mutation.

63. A certificate of mutation should be issued to the applicant in Form A of Appendix III.

64. Necessary entries should be made in Register IX immediately after the orders allowing the mutation have been passed by the Revenue Officer.

65. The Revenue Inspector should send intimation to the Block Land & Land Reforms Officer along with a copy of the certificate of mutation for correction of the original records lying in the Office of the Block Land & Land Reforms Officer.

70. Applications for mutation in respect of lands in mouzas where work under section 51 has been taken up, but has not proceeded up to the stage of final publication should be dealt with the following manner:
(a) If on receipt of the mutation application it is found that the name of the applicant has already been incorporated at any stage of the preparation/revision u/s 51 of the W.B.L.R. Act, the applicant should be informed accordingly in Form B of Appendix III. No further action will be necessary.
(b) If the name docs not stand recorded but the application can be conveniently considered within a reasonable period of time at any stage of preparation/revision, the petition should be disposed of at that stage. If the petition is allowed wholly or in part, the applicant should be informed as at
(a) above.
(c) In a case where the name of the applicant has not been recorded at any stage u/s 51 of the W.B.L.R. Act, and his application cannot be conveniently disposed of at any subsequent stage, it should be disposed of u/s 5IB or section 50 read with sec. 50A of the Act.

71. Land Transfer Notice under rule 3 of the West Bengal (Transfer of Holding) Rules, 1965 should be disposed of in the same manner as mutation petitions.

72. All mutation petitions should be disposed of within a period of three months from the date of receipt of the same.

73. Where a mutation application has been rejected, the applicant should be invariably informed stating in brief the ground for rejection.

74. All inspecting officers shall, in course of their visit to the Offices of Block Land & Land Reforms Officer and Revenue Inspector, conduct sample check of the case records relating to mutation and registers.

75.The Director of Land Records & Surveys, W.B. will issue detailed instructions regarding correction of maps and record-of-rights consequent upon orders under this chapter.

Procedure for revision or preparation of record-of-rights under West Bengal land reform Act

1. Procedure for revision or preparation of record-of-rights.— When an order has been made under section 51 directing that a record-of-rights be revised or prepared by a Revenue Officer in respect of the land of any district or part thereof the record-of-rights shall be revised or prepared by the following processes, namely:

(i) Traverse survey;

(ii) Cadastral survey;

(iii) Preliminary record writing (or Khanapuri); .

(iv) Local explanation (or Bujharat);

(v) Attestation;

(vi) Publication of the draft record-of-rights;

(vii) Disposal of objections;

(viii) Preparation and publication of the final record-of-rights: Continue reading

Laws of the Nations

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Law and Legal updates from 198 Jurisdictions of the World

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Bargadar, Law Relating To under West Bengal Land Reform Act 1955

Introduction 

A Bargadar means a person who cultivates the land of the owner or, in other words, the land is cultivated by a Bargadar. So far as the matter of cultivation, the owner has nothing to do with cultivation. The owner remains the owner and because, he is the owner, he gets a share. The Bargadar has to cultivate, i.e., to bear all expenses of cultivation. That means the Bargadar has to arrange for the cattle, he has also to arrange for the plough, he has to arrange for the manure, he has to arrange for the seed and he has also to arrange for irrigation. Ordinarily therefore, the entire cost of all these items has to be borne by the cultivator or the Bargadar and it is then only that it comes within the scope of the West Bengal Land Reforms Act. Besides that, a Bargadar cultivates as he chooses and Krishan (labourer) cultivates as the owner directs. Continue reading

Commentaries on West Bengal Estates Acquisition Act, 1953

WEST BENGAL STATE LAWS

The interest of the intermediary was affected under the W.B.E.A. Act. But it is not a fact that no person other than intermediary was brought under the ambit of the W.B.E.A. Act. The words “and any of the rights of certain other persons in the lands comprised in the estates” have been inserted with retrospective effect by section 2 of the W.B.E.A. (Amendment) Act, 1961 (W.B. Act. IX of 1961). The preamble can be referred in case of any doubt in the interpretation of the provisions of a statute.

CHAPTER I. Preliminary.

Short title 1. (1) This Act may be called the West Bengal Estates Acquisition Act, 1953.

West Ben. Act (2) It extends to the whole of West Bengal except the areas described in XXXIII of 1951. Schedule I of the Calcutta Municipal Act, 1951, as deemed to have been amended Under section 594 of that Act.

Definitions. 2. In this unless there is anything repugnant in the subject or context,—–
(a) “agricultural year” means the Bengali year commencing on the first day of Baisakh.
(b) “agricultural land” means land ordinarily used for purposes of agriculture or  horticulture and includes such land, notwithstanding that it may be lying fallow for the time being;
(c) “charitable purpose” includes the relief of the poor, medical relief or the advancement of education or of any other object of general public utility.
(d) “Collector” means the Collector of a disctirct or any other officer appointed by the
State Government to discharge any of the functions of the Collector under this Act;
(e) “date of vesting” means the date mentioned in the notification under sub-section (1) of section 4;
(f) “estate” or “tenure” includes part of an estate or part of a tenure; 1

(g) “homestead” means a dwelling house together with  any courtyard, compound, garden, out-house, place of worship, family, grave-yard, library , office, guest-house, tanks, wells privies, larines, drains and boundary walls annexed to or appertaining to such dwelling house ;

(h) “incumbrance” in relation to estates and rights of intermediaries therein does not include the the rights of a raiyat or of an under –raiyat or of a non-agricultural tenant but shall, except in the case of land allowed to be retained by an intermediary under the provisions of section 6, include all rights or interests of whatever nature, belonging to intermediaries or other persons , which relate to lands comprised in estates or to the produce thereof;

(i) “ intermediary” means a proprietor, tenure-holder, under-tenure-holder or any other
intermediary above a raiyat or a non-agricultural tenant and includes a service tenure-holder and, in elation to mines and minerals, includes a lessee and a sub-lessee;
(j) “non-agricultural land” means land other than agricultural land  or other than land
comprised in a forest;

(k) “non –agricultural tenant” means a tenant on non-agricultural land who holds under a proprietor, a tenure-holder , a service tenure-holder or an under –tenure-holder;
(l) “notified area” means a district or part of a district in respect of which a notification
has been duly published under section 4;
(m) “prescribed “ means prescribed by rules made under this Act;
(n) “religious purpose” means a purpose connected with religious worship, teaching or
service or any performance of religious rites;

(o) “rent” means whatever is lawfully payable or deliverable in money or kind or both, by a tenant to his landlord, on account of the use or occupation of the land held by the tenant and includes also money revoverable under any enactment for the time being in force as if it was rent;

(p) expressions used in this Act and not otherwise defined have in relation to the areas to
which the Bengal Tenancy Act, 1885, applies, the same meaning as in that Act and in relation to other areas meaning as similar thereto as the existing law relating to land tenures applying to such areas, permits.

3. Act to override other laws etc- The provisions of this Act shall have effect notwithstanding anything to the contrary  contained in any other law or in any contract express or implied or in any instrument and notwithstanding any usage or custom to the contrary.

Provided that nothing in this Act shall apply to any land held by a Corporation, not being a local authority or a company, established by or under any law for the time being it force :

Provided further that nothing in this Act shall affect any land possession of which was taken by the state Government before the date mentioned in the notification issued under section , in furtherance of any proposal for acquiring such land , whether any formal proceedings for such acquisition such were started or not, and proceedings for acquisition of such land may be continued or commenced as if this Act has not been passed.

 

Devider VOCABULARY

Tenure Holder

Under Sub-section (1) of Section 5 of the Bengal Tenancy Act ‘tenure-holder’ means primarily a person who has acquired from a proprietor or from another tenure-holder a right to hold land for the purpose of collecting rents or bringing it under cultivation by establishing tenants on it. and includes also the successors-in-interest of persons who have acquired such a right.

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Jagtar Singh Ors. Vs. State of Uttarakhand Ors[ SC 2018 February]

KEYWORDS:- WRIT APPEAL- LAND RECORD-MUTATION

c

DATE:-February 02, 2018

“Supervisor Qanoongo could not have made entries in favour of the appellants without giving public notice and without giving notice to the legal heirs of Teja Singh. The dispute is as to which of the parties is in possession of the land. The High Court erred in directing that the names of both the parties should be removed. This could not have been done”.

ACTS:-  U.P. Consolidation of Holdings Act-Land Records Manual

SUPREME COURT OF INDIA

Jagtar Singh Ors. Vs. State of Uttarakhand Ors.

[Civil Appeal No(S). 1497 of 2018 @ SLP (C) No(S).5278 of 2014]

Deepak Gupta J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 29.07.2013 passed in Writ Petition No. 3791 of 2001 whereby the writ petition filed by the petitioners was dismissed.

3. The facts giving rise to this appeal are that the land, which is the subject matter of dispute, was earlier shown in possession of one Teja Singh and entry in this behalf was reflected in Varg-4 of the revenue record. After Teja Singh died, his name was substituted by Appellant Harbhajan Kaur (since deceased) by the Supervisor Qanoongo since he found her to be in possession of the land. Jagir Singh and Karnail Singh, sons of Teja Singh, filed objections under the U.P. Consolidation of Holdings Act claiming that after the death of their father, they being the sons continued to be in possession of the land and their name should have been recorded in the revenue record. These objections were dismissed.

However, on appeal being filed by the sons, the Settlement Officer, Consolidation set aside the order passed by the Consolidation Officer and directed that the names of Jagir Singh and Karnail Singh be recorded in the revenue records. Revision filed before the Deputy Director of Consolidation was dismissed and thereafter, the writ petition was filed.

4. The High Court held that though Para 423 of the Land Records Manual authorizes the Supervisor Qanoongo to make entry of possession in remarks column but it shall be done after full publicity about his visit. In this case, neither publicity was done nor notice was given to the legal heirs of Teja Singh and, therefore, both the Settlement Officer and the Deputy Director, Consolidation were justified in quashing the entries made in favour of the present appellants. The High Court went on to hold as follows:

“In the impugned orders passed by the S.O.C. and D.D.C., so far as the finding that the Supervisor Qanoongo has no right to correct the entry in revenue record, which is already in existence, is concerned, this finding is affirmed, but so far as the direction given to enter the names of Karnail Singh and Jagir Singh on the land in dispute is concerned, the same is quashed and it is held that the entry of petitioners and the respondents cannot continue in revenue record after consolidation and it is directed that entry of Varg-4 be deleted from the land in question of both the parties, petitioners as well as the respondents.”

5. We are in agreement with the aforesaid findings to the extent that Supervisor Qanoongo could not have made entries in favour of the appellants without giving public notice and without giving notice to the legal heirs of Teja Singh. The dispute is as to which of the parties is in possession of the land. The High Court erred in directing that the names of both the parties should be removed. This could not have been done.

Therefore, the direction of the High Court that the entry of possession cannot continue in favour of either of the parties is set aside. The matter is remanded to the Supervisor Qanoongo, who after hearing both the sides, shall decide as to who is in legal possession of the land in dispute and thereafter make relevant entry in the revenue records.

6. The appeal is disposed of in the above terms. Pending applications, if any, shall also stand disposed of.

J. (Madan B. Lokur)

J. (Deepak Gupta)

New Delhi

February 02, 2018