1 LAND LAWS Unit 1 Topic 1:- Classification of Land: Ownership of Land : Absolute & limited. Topic 2:- Doctrine of Eminent Domain. Topic 3:- Doctrine of Escheat & Bonavacantia. Unit 2 Topic 1:- The Movement of land reforms before Independence. Topic 2:- Land Reforms after Independence. Unit 3 Topic 1:- The Land Acquisition Act 1894. Topic 2:- The Requisition and Acquisition of Immoveable Property Act 1952. Unit 4 Topic 1:- The A P Land reforms (Ceiling on Agricultural holdings) Act 1973 Topic 2:- The Urban Land (ceiling & Regulation) Act 1976 Unit 5 Topic 1:- The A P Scheduled Area Land Transfer Regulation Act 1959. Topic 2:- The A P Assigned Lands (Prohibition of Transfer) Act 1977. Topic 3:- The A P Land Grabbing (Prohibition) Act 1982.
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LAND LAWS
Unit 1
Topic 1:- Classification of Land: Ownership of Land : Absolute & limited.
Topic 2:- Doctrine of Eminent Domain.
Topic 3:- Doctrine of Escheat & Bonavacantia.
Unit 2
Topic 1:- The Movement of land reforms before Independence.
Topic 2:- Land Reforms after Independence.
Unit 3
Topic 1:- The Land Acquisition Act 1894.
Topic 2:- The Requisition and Acquisition of Immoveable Property Act 1952.
Unit 4
Topic 1:- The A P Land reforms (Ceiling on Agricultural holdings) Act 1973
Topic 2:- The Urban Land (ceiling & Regulation) Act 1976
Unit 5
Topic 1:- The A P Scheduled Area Land Transfer Regulation Act 1959.
Topic 2:- The A P Assigned Lands (Prohibition of Transfer) Act 1977.
Topic 3:- The A P Land Grabbing (Prohibition) Act 1982.
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UNIT – 1
Topic 1: Classification of Land: Ownership of Land: Absolute & limited.
Land meaning: Generally means Soil, Mud, Earth, Plot, Entire Nation, World, Government,
Territory etc.
Concept and Nature of land: It is a free gift of nature a source of creating sustenance and
1. Here, we find the direct relation with the cultivators and the British Authority.
It was first adopted by Madras Province in Mysore and some other Southern
region.
2. There used to be a temporary settlement in aspects of extent of land quality
and land productivity on individual cultivator basis generally to a period of 30
Years.
3. There were no Zaminder resulting into small holdings an average of six and
half acres.
4. The Share of the Government was eventually fixed at half the estimated net
value of the crop after deducting the expenses of cultivation and other
incidental changes.
5. The Revenue is collected by Local British Authority such as Munsab, Karnam
etc.
6. The peasants were enjoyed free tenures meaning Any Improvement in the
land enhancement of prices of food grains etc. would be benefited without
any interference of the Authority.
7. The Peasants could sell or transfer his land as he liked by following the
provision of Transfer of Property Act 1882.
8. The real tiller gained security and freedom from oppression.
9. This system was also adopted in Bombay Gujarat and the Deccan with
different names as Patel, Talari, Talukdan, Marulatdas, Deasi, Karnam etc.
3) MAHALWARI SYSTEM – Chief characteristic features:
1) Here, Mahalwari means money lender, financier.
2) Under this system, the peasants used to get money from the Mahalwar to pay
the taxes to the British Crowns.
3) There used to mortgage their agricultural land as a matter of security for
payment of mortgage money.
4) The Mahalwars used to levy huge rate of interest for the principal money
taken by the peasants.
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5) The peasants sometimes failed to pay the loan amount whereby their
agricultural lands where taken away by the Mahalwars, making the peasants
landless and poor persons.
4. JAGIR OR JAGIRDARI SYSTEM – Chief characteristic features
1. The word „Jagir‟ literally means „place taken‟
2. When the tract of the country was distant from Head Quarters and difficult to
manage the State appoints a „Jagirdar‟
3. His duty is to collect and appropriate revenue and in return keep the country in
order and maintain a body of troops for local and other services (Military)
4. Generally, revenue would be collection of rents, due payments and specific
loans.
5. There would be co-ordination of officers employed in the civil, revenue or police,
military departments to avoid misappropriation of funds.
6. There used to either conditional or unconditional Jagir. Meaning – a conditional
Jagir is one who is granted to meet the expenses of some office, public or private
or some specific duty. A unconditional Jagir is one who is granted independently
of any office for the maintenance of dignity along with attenders and troops.
7. A Jagir was liable for forfeiture against failure of performance and misconduct or
at the displeasure of the emperor.
5. INAMDARI SYSTEM: Chief characteristic features
1. Inam means an Inam land or an assignment of land revenue on such Inam land.
2. Inam land means any land, the grant of which in Inam has been made, confirmed
or recognized by the government and includes any land in the merged territory on
Vanaganapalle or in respect of which the grant in Inam has been made.
Topic - 2 Land Reforms after Independence.
POSITION IN INDIA: - UntiI 14-08-1947, the Crown of British was the real sovereign of this
country. We got Independence in the midnight of 14/08/1947. The constitution of India came
into force with effect from 26/01/1950 then the crown ceased to have legal and constitutional
head "lndia” declared by the Preamble itself sovereign.
Changes of Land Reforms after Independence are as follows:-
1. Fundamental Rights (Art 12-35) are provided to all the citizens of India.
2. Directive Principles (Art 36-51) and fundamental duties Art 51A are adopted
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3. The Congress Agrarian Reforms committees were formed.
4. The Kumarappa committee report 1949 was formed.
5. Abolition of intermediataries i.e. Zamindaris, Ryotwary etc.
6. Tenancy reforms are established.
7. Ceiling on land Holdings (Agricultural and Non Agricultural)
8. Distribution of surplus land to the schedule track, landless poor people backward class
etc.
9. Consolidation of holdings.
10. Fixation of taxes on lands in Buildings etc.
11. All the necessary means measures and steps taking for the purpose of justice to all land
holders by the byelaw Amendment of Acts and existing laws.
12. Land Reforms after Independence in the State of Andhra Pradesh:
The A.P. area Inams Assessment Act, 1955.
The A.P. (Telangana Area) Abolishment of Inams Act, 1955.
The A.P.(Andhra Area) Inams (Abolishment and Conversion into Ryotwari) Act, 1956.
The A.P. (Andhra Area) Tenancy Act, 1956
The A.P. Schedule Areas Land Transfer Regulation Act, 1973.
The A.P. Building (Lease, Rent and Eviction) control Act, 1960.
The A.P. Forest Act, 1967.
The Land Reforms (Ceiling on Agricultural Holding) Act, 1973.
The A.P. Escheat and Bona-Vacantia Act, 1974.
The Urban Land (Ceiling and Regulation) Act, 1976.‟
The A.P. Assigned Lands (Prohibition of Transfers) Act, 1977
The Forest (Conservation) Act, 1980
The A.P. Land Grabbing (Prohibition) Act, 1982.
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UNIT 3
Topic 1:- The Land Acquisition Act 1894.
Synopsis:- Part-1: Preliminary = Sec 1 to 3
Part 2: Acquisition = Sec 4 to 17
Part 3: Reference to court and Procedure Sec 18 to 28
Part 4: Apportionment of compensation Sec 29 & 30
Part 5: Payment Sec 31 to 34
Part 6: Temporary occupation of Land Sec 35 to 37
Part 7: Acquisition of land for Companies Sec 38 to 44B
Part 8: Miscellaneous Sec 45 to 55
So, totally 8 parts and 55 sections .Let us discuss them one by one in a detailed manner.
Part I: Preliminary deals with definitions.
1. Land - mean and includes
b) Benefits arise out of land
c) Things attached to the earth or permanently fastened to anything attached to
the earth.
2. Local authority - includes a town planning authority by any law, time being in force.
3. Persons interested - includes all persons claiming an interest in compensation subject to
acquisition of land and also in an easement affecting the land.
4. Collector - means the collector of a district and inc a deputy commissioner and any special
officer appointed by the appropriate government.
5. Appropriate government- means in relation to the acquisition of land for purpose of the
union - the central government and for any other purpose the state government.
6. Company - means
a) A company as defined in Sec 3 of Companies Act other than a Government
company.
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b) A society registered under the Society's Registration Act 1860 or any existing
law.
c) Co-operative society within the meaning of any existing law.
7. Court- means a principal civil court of original jurisdiction unless the Appr. Government
has appointed a special judicial officer.
8. Corporation owned and controlled by the state - means anybody corporate established by
or under central,Provincial or State Act and Inc a Government Company, Registered
Society, Co-operative Society etc.
9. Entitle to Act - Trustees for other persons beneficially interested, a married woman,
guardian of minors, committee or manager of lunatics or idiots - provided to the satisfaction
of the Collector or court showing an adverse interest in the subject matter.
10. Public purpose: - The provision of land for:
a) Town or rural planning ,
b) Corporation owned or controlled by the state.
c) Residential purpose to poor and landless.
d) Persons residing in areas affected by natural calamites
e) Carrying out educational health or slum clearance scheme sponsored by
Government or any law in force.
f) Any premises or building for locating a public office.
g) Village sites or building for locating a public office.
Part-2 Acquisition Sec 4 to 17 Synopsis.
1. Preliminary investigation Sec 4 & 5
2. Objection Sec 5A
3. Declaration of intended Acquisition Sec 6 to 10
4. Enquiry into Measurements Sec 11 to 15
In values, claims, Awards by collector
5. Taking possession Sec 16 & 17.
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Sec-4 Preliminary Investigation means:-
a) Whenever it appears to appropriate government that land in any locality is needed or
is likely to be needed for any public purpose or a company, then a notification is
published in the official Gazette and in two daily news paper (including, Regional
Language) circulating in such locality mentioning the last date provided at convenient
places.
b) Thereupon, it shall be lawful for any competed officers and his servants or workmen
to enter upon and survey, mark, levels, boundaries, lines, trenches, dig or bore. In to
subsoil and to do all other acts necessary to ascertain the purpose.
c) No person shall enter into any building or upon any enclosed court or garden
attached to a dwelling home without the consent of the occupier either orally or
documentarily.
Sec – 5 Payment of damage: - The officer so authorized shall at the time of such entry pay
or tender payment for all necessary damage to be done as aforesaid. In case of any dispute
the collector or other chief revenue officer of the district decision would be final.
Objection: Sec 5A Limitation or conditions: Objection by persons interested against
publication of notification:
1. Within 30 days from the date of publication U/s 4 of this Act.
2. After one year from the date of publication after the commencement of the L A
(Amendment) Act 1984.
3. After 3 year from the date of publication the Land Acquisition (Amendment and validation)
ordinance, 1967.
4. Procedure:
1. Every objection(s) or report(s) shall be made to the collector in writing and
given opportunity of being heard.
2. Either in person or by any person authorized by him or by a pleader
3. When the appropriate government is satisfied after considering the report
a declaration shall be made to that effect under the signature of a
secretary to such government.
4. Declaration is made time to time in respect different parcels of any land
covered by the same notification through a duly authorized officer.
5. The decision of the appropriate government on the objection shall be final.
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6. Every declaration shall be published in the official Gazette and in two daily
newspaper (including, Regional language) given at convenient place.
Exceptions to Sec 5A:-
1. When land is not needed for a public purpose or for a company.
2. When the compensation is awarded neither by a company or public revenue or a local
authority.
3. When the land is not acquired by this Act.
4. When the objection is not a person interested or entitled to act.
5. In case of Doctrine of Escheat or Bona Vacantia or Eminent Domain.
Declaration of intended acquisition Sec 6 to 10.
Sec-6 Declaration that land is required for a public purpose:
a) When the appropriate government is satisfied after considering the report or
objection made U/s 5A that any particular land is needed for public purpose or for a
company a declaration shall be made to that effect under the signature of a secretary
to such government or a duly authorized officer.
b) Every declaration shall be published in the official gazette and in two daily
newspapers including regional language circulating in such locality and given at
convenient places mentioning last date of publication as public notice.
c) The said declaration shall be a conclusive proof or evidence that the land is needed
for public purpose or for a company.
Sec 7: After declaration collector is ordered for acquisition of the land as directed by the
appropriate government or duly authorized officer.
Seo-8: Land to be marked out measured and planned by the collector after declaration and
acquisition of the land.
Sec-9:
1. Notices to person interested: The collector shall then cause a public notice to be given at
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convenient places on or near the land to be taken stating that the government intends to
take possession of the land and that claims to compensation for all interest in such land may
be made to him.
2. The notice consist of the following:-
a) All particulars of the land so needed.
b) All persons interested to appear before the collector.
c) Either personally or by agent in writing.
d) Within 15 days from date of publication of notice.
e) To state the nature of their respective interest in the land.
f) The Amount and particulars of their claims to compensation.
g) Any objection as to the measurement of land.
3. The collector shall also serve notice to the same effect to the occupier of such land and on
all persons known or believed to be interested therein or to be entitled to act so interested,
as reside or have agents authorized to received service on their behalf within the revenue
district limit.
4. In case any person, so interested resides elsewhere having no agent then notice shall be
sent to him by post in a letter addressed to him at his last known residence or place of
business.
Sec-10: Power to require and enforce the making of statement as to names and interested
means, the name of every other person possessing any interest in the land or any part
thereof as co-proprietor, sub-proprietor, mortgage, tenant or any rents or profits receiving or
receivable up to 3 month.
Every such persons shall be deemed to be legally bound to do so to make or deliver
statements (objection if any) within the meaning as given under Sec 175 and 176 of IPC-that
is:-
Sec 175 - Omission to produce document to public servant or court of Justice by person
legally bound to produce it -whoever being legally bound to produce or deliver up any
document to any public servant, as such intentionally omits so to produce or deliver up the
same shall be punished with:
a) Simple imprisonment upto one month or fine upto Rs. 500/- or both in case of public
servant.
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b) Simple imprisonment upto 6 months or fine upto Rs.1000/- or both in case of Court of
justice.
Sec 176 - Omission to give notice or information to the public servant by personally legally
bound to give it - whoever being legally bound to give any public servant, as such,
intentionally omits to give such notice or to furnish such information in the manner which is
required by law, shall be punished.
a) Simple imprisonment upto one month or fine upto Rs.500/- or both.
b) Simple imprisonment upto 6 months or fine upto Rs.1000/- or both in case of any
notice or information or prevention of apprehension of an offence
c) Also for Sec 356(1) of Cr.P.C
Enquiry into measurements, value and claims, and Award by the collector.
Sec 11:- On the day of enquiry the collector shall proceed to enquire and award under his
hand-into the objection of any person interested and person claiming the compensation as to
the measurement of land and value of land by virtue of sec 9 i.e. notice.
Award by the collector is related to:
a) The true area of the land.
b) The compensation allowed for the land to person interested and
c) To the person claiming
Provided with the previous approval of the appropriate government or any authorized officer
or any specified claim of cases by appropriate government or to avoid future enquiry,
presented by rule made by the appropriate government or not affecting any other lands in
the same locality or any other provision of this Act or Regn. Act 1908 or any agreement
thereto.
Sec 11A -Limitations within a period of two years from date of publication of intended
declaration and also in case of before commencement of this Act from such commencement.
Sec-12 - Award of the collector becomes final and conclusive evidence as between the
collector and person interested either appears or not and notice of award would be given to
all persons interested and claiming.
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Sec-13 - The collector may, for any cause he thinks fit:
a) May adjourn the enquiry day.
b) May cause any clerical or arithmetical or error or mistake in the application of the person
interested or a authority - within 6 month of award date.
c) The collector shall give immediate notice of correction to the person interested.
d) The collector shall recover excess amount paid if any.
Sec 14: The collector has a power to summon and enforce the attendance of witnesses
including person interested or any of them and to compel the production of documents by
the same means.
Sec 15: Matters to be considered and neglected: In determining the amount of
compensation the collector shall be guided by the provisions contained in Sec 23 and 24
which are as follows:
Sec 23: Matters to be considered by the court are as follows:
1. The market value of land at the time of publication of notice U/s 4(1)
2. The Damage(s) sustained by the persons interested at the time of collector,
a) Taking away of any standing crops or trees.
b) Severing such land from another land.
c) Injuriously affecting his other property moveable or immoveable in any other manner
or his earning.
d) Diminution of the profits of the land
e) Compelling him to change his residence or place of business the reasonable
expenses.
3. In addition to the market value, 12% per annum of the market value from and from date of
publication of notice U/s 4(1) to the date of award or date of taking possession of the
collector whichever is earlier excluding the stay or injunction by the order of any court.
4. In addition to the market value of the land for every award 30% of market value in
consideration of compulsory nature of acquisition.
Sec 24: Matters to be neglected in determining compensation:
1. Any damage sustained by person interested regarding:
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a) To part with the land acquired.
b) If caused by a private person who cannot be sued.
c) After the date of publication of notice U/s 6.
2. Any increase to the value of the land acquired from its use or other land or any use which
is forbidden by law or opposed to public policy.
3. Any outlay or improvements on or disposal of the land acquired, commenced made or
effected without the sanction of the collector after the date of publication of notice U/s 4(1).
Taking possession: Sec 16 & 17
Sec 16: Power to take possession by the collector after making award U/s 11 which shall
thereupon vest absolutely in the Government free from all encumbrances.
Sec 17: Special powers in case of Urgency - total 6
1. In case of urgency -on the expiration of 15 days from the date of publication notice U/s 9.
The collector take absolute possession of any land needed for public purpose as directed by
the appropriate government.
2. In case of sudden change regarding any navigable river or other foreseen emergency or
any railway administration to maintain traffic or making a river side or ghat stations, the
appropriate government for the purpose to maintain any structure or system pertaining to
irrigation water supply, drainage, road communication or electricity inc any buildings or part
of it giving 48 hours time to the occupier to vacant.
3. Other provision the collector shall:-
a) Tender payment of 80% of the compensation for such land as estimated by him to the
person interested entitled thereto and
b) Pay it to them unless prevented by some one or more of the contingencies mentioned in
Sec 31 (2) ref with Sec 18 i.e. non acceptance to receive the payment of compensation or
award by the collector in case.
If there be no competent to alienate the land or any dispute as to the title to the
compensation or as to the apportionment of it on a protest as to any person after receiving
whole or part of award intend of award the growth of the other land in exchange or remission
of land revenue on other land by sanction of appropriate government to a person of limited
interest.
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Any person interested who has not accepted the award may by written application to the
collector stating his objection and clear ground.
Limitation: Six weeks from date of collector award and also in other cases recovered of
notice from the collector and date of award which ever period first expires.
The amount paid or deposited as above is determined as the amount of compensation and if
excess than the award, then the excess may be either refunded within 3 months or received
as on arrears of land revenue.
PART III Reference to court and procedures thereupon Sec 18 to 28A: Total 12
section.
Sec 18: Reference to court - Any person interested who has not accepted award may be
written application to the collector require that the matter be referred by the collector for the
determination of court when his objection is for:
a) Measurement of land or compensation
b) Apportionment of compensation
c) Reasons of his objection.
Limitation: Within 6 weeks from the date of collection award if present or represent on that
date or within 6 weeks of the receipt of notice from collector U/s 12(2) that is notice of person
interested or their agents when award was made or within 6 month from the of collector
award whichever expires first.
Sec 19: Collection statement to the court:
1. In making the reference the collector states the following facts:
a) The situation and extent of land with particular of any trees building or standing crops
thereon.
b) The names of the persons interested.
c) The amount awarded for damages and paid or tended U/s 5 or 7 or both i.e.
Damages after notification of publication or in case of urgencies and the amount of
compensation awarded U/s 11.
d) The amount paid or deposited U/s 17(3-A) i.e.80% of compensation.
e) The amount of compensation was determined on the grounds of objection.
2) The particulars of notices served upon and statements made or delivered in writing by the
parties interested are also attached.
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Sec 20 - Service of notice by the court-to the applicant all persons interested to appear for
proceeding on a specified day provided objection is in regard to the area of the land or
amount of compensation.
Sec 21: Restriction on scope of proceeding - only in consideration of the interested of the
person affects by the objection.
Sec 22: Proceeding to be in open court i.e. any civil court in the state with person entitled to
practice can appear pleaded and act.
Sec 23 & Sec 24 - matter to be considered and neglected - already given.
Sec 25 Amount of compensation awarded by the court not to be lower than the amount
awarded by the collector U/s 11.
Sec 26 Form of Award:
a) In writing and signed by the Judge
b) Specified the amount awarded U/s 23 i.e. market value, damage etc.
c) And their respective grounds for awarding such amount.
d) Is deemed as a decree and judgment according to C.P.C
Sec 27- Costs that is expenditure incurred in the proceeding under this part and to whom to
be paid.
Sec 28: Collector may be directed to pay interest on excess compensation than the award of
the court then the court has to pay an interest of 9% P A from date of taking possession to
the date of deposit excess in the court or 15% P A after lapse of one year of the above
dates.
Sec28A: Redetermination of the amount of compensation on the basic of the award the
court meaning when any person interested has two or more lands covering U/s 4 but not yet
received the compensation on any of his other lands then, the collector shall conduct an
enquiry after giving notice to all the person interested giving reasonable opportunity of being
heard and make award determining the amount of compensation payable.
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PART IV: Apportionment of compensation - Sec 29 & 30
Sec 29: Particulars of apportionment to be specified: where there are several persons
interested, if such person agrees in the apportionment of the compensation the particulars of
such apportionment shall be specified in the award and as between such persons the award
shall be conclusive evidence of the correction of the apportionment.
Sec 30: Dispute as to apportionment:- when the amount of compensation has been settled
U/s 11, if any dispute arises as to apportionment of the same or any part thereof or as to the
person to whom the same or part thereof is payable the collector may refer such dispatch to
the decision of the court.
PART V: Payment: Sec 31-34:
Sec 31: Payment of compensation or deposit of same in court.
Sec 32: Investment of money deposit in respect of lands belongs to person incompetent to
alienate.
Sec 33: Investment of money deposit in other cases.
Sec 34: Payment of interest - 9% from date of taking possession or 15% after lapse of such
date.
Sec 31: Award / Payment of compensation is made and paid to the person interested and
entitled in the following case only.
a) Unless prevented by someone or
b) If they shall not consent to receive it or
c) If there be no person competent to alienate the land or
d) If there be any dispute as to the title to receive it.
e) As to the apportionment of it
f) No protest towards insufficiency of the amount.
g) Not affecting the liability of any person receiving it.
If anyone or more of the above said factor are existing then the amount is deposited in the
court by the collector. Award can also be granted either by grants of other lands in exchange
or in remission of land revenue of other lands of same title or and other equitable power
within the power of the collector.
Sec 32: The court shall order the money to be invested in the purchase of other lands to be
held under like title owning or in such government or other approved securities.
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It includes payments of invests or other proceeding arising or crisis of investment.
Sec 33: The court may on the application of any party interested or claiming an interest in
such money order the same to be invested in such court or other approved securities as it
may think proper & fit.
PART VI TEMPORARY OCCUPATION OF LAND: (waste & Arable land)
Temporary occupation of waste and Arable lands - Sec 35,36 & 37.
Sec 35: Procedure when difference on to compensation exits:-
1. Whenever it appears to the appropriate government that the temporary
occupation and use of any waste or arable land are needed for any public
purpose or company or subject to provision of Part VII that is acquisition of
land for companies the appropriate government direct the collector to procure
the occupation and use the same for such term as it shall think fit not
exceeding 3 years from date of commencement of such occupation.
2. The collector shall serve notice in writing to all the persons interested for such
purpose and for taking off materials if any and payments of compensation
paid either in a gross sum of money or by monthly or other.
3. In case of any difference as to compensation or apportionment by the
collector shall refer to the decision of the court.
Sec 36: Power to enter and take possession and compensation on restoration.
1. On payment of such compensation or on executing such agreement or on making a
ref U/s 35, the collector may enter upon and take possession of land and make of it
accordingly.
2. On the expiry of the term, the collector shall restore the land to the person interested
and pay compensation for damages if any provided that, if the land has become
permanently unfit to be used for the purpose for which it was immediately before the
commencement of such term and the person interested shall so require the
appropriate government shall proceed U/act to require the land as if it was needed
presently for a public purpose or for a company.
Sec 37: Difference as to condition on land at the expiry of the term or as to any matter
connected with the agreement between the collector and person interested then it shall be
referred to the decision of the court by the collector.
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PART VII ACQUISITION OF LAND FOR COMPANIES (Sec 38 to 44-B)
Sec 38A: Industrial concern to be deemed company for certain purpose:-
2. For the erection of dwelling house for workmen employed or
3. For the provision of amenities directly connected thereto or
4. For the construction of some building or work for a company or
5. For any work which is for public purpose.
Conditions or features of Part VII
1. The industrial concern should contain not less than 100 workmen.
2. Either owned by an individual or by an association of individual but not a company.
3. The provision of Sec 6 to 16 Sec and 18 to 37 are not put in force or
4. Applied with the previous consent of the appropriate government or
5. An agreement is executed by the company.
6. An enquiry will be held by an officer appointed by the appropriate government who serves
summons for the attendance of witnesses and production of documents.
7. Sec 41 When the appropriate government after considering the report if satisfied that the
land is required for company, it shall require the company to enter into an agreement based
on the following matters:
a) Payments as to cost of acquisition.
b) Payment as to transfer of land
c) Terms of the land
d) Purpose of acquisition and time
8. Sec 42 A Usually published in a official Gazette.
9. This Part VII does not apply to the L A Act 1870 Sec 43.
10. After Acquisition, the Company should not sale, mortgage, gift, lease without consent of
the appropriate government.
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TOPIC - 2 The Requisitioning and Acquisition of Immoveable property Act 1952.
OBJECT AND PURPOSE:
To acquire a land by the Union or central Government for public purpose on requisition.
Definitions: Competent authority-any person or authority authorized by the central
government by notification in the official gazette.
Land Lord- any person who receive or entitled to receive the rent of any premises.
Ex: Trustee, Guardian, Receiver etc.
Premises -Any building or part of building, including garden, ground, outhouse and any fitting
affixed thereto
Person interested- includes all persons claiming or entitled to claim an interest in the
payment of compensation.
Property means Immoveable property of every kind and rights connected thereto.
Tenant - any person by whom rent is paid and includes sub-tenants and person of derived
title thereto.
THIS ACT DOES NOT APPLY IN THE FOLLOWING CASES:
1. Owner of the property residing himself or his family or
2. Land used for religious worship, school, hospital, public, library, orphanage, or any
management and accommodation thereto.
3. When any tenant uses such property or premises for more than two months after the date
of notice.
4. When the acquisition of land exceeds a period of 17 years.
5. When the payments of compensation to be more than award while restoration.
6. When any land is acquire U/part VI g L.A. Act,1894 i.e., Temporary Acquisition land.
7. When any land does acquired under urgency or by company under L A Act or any other
law exists.
8. When any person (owner) enjoys easement rights over the property.
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Procedure of Acquisition of property under this Act & feature thereof.
1. Stage 1: Serving of notice of requisition: To the persons interested or in possession by the
union or central government specific the purpose of requisition in writing limitation within 15
days from date of notice.
2. Stage 2: Enquiry & hearing: The persons interested are called upon regarding any
objections or causes or reasons of requisition and being heard and after consideration the
competent authority is satisfied that it is necessary or expedient so to do.
It may, by order to writing requisite the property and makes further orders.
3. Stage 3: Taking possession: After requisition the competent Authority may notice to in
writing order the owner or possessors to surrender or deliver the property within 30 days of
such notice duly published in an official Gazette.
If any person refuses then the competent authority can use necessary force.
4. Stage 4: Payment of compensation: Either by the way of agreement or by a arbitration or
an expert as appointed by the central government in consideration of the following matters
like any recurring payment like rents lease and any pecuniary loss or expenses and
damages for vacating and re occupying the premises.
5. Stage 5: Release or restoration from requisition: By an order in writing to the person to
whom it shall be delivered when the purpose cease to exist or as per agreement or after
expiry of 17 years from date of notice or possession not affecting the Amendment (1970)
Act.
6. Some other features:
a) The owner/possessor must deliver the property to the central government in a good
condition and the same would be given back.
b) The central Government releases the property in a good condition and payment of
damages if any free from all liabilities.
c) Under this Act the Arbitrator is generally a judge of high court.
d) The period of re-acquisition depends upon the purpose land area and agreement
between the central government and persons interested thereto.
e) In case of any disputes, appeals and grievances the decision of the high court is final
and absolute.
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UNIT IV
TOPIC – 1 - THE A P LAND REFORMS (Ceiling on Agriculture
Holding) Act 1973.
OBJECT & PURPOSE - Total 30 Sections (Sec 30 repealed)
1. To consolidate or strengthen and amend the law relating to the fixation of ceiling on
agriculture holdings.
2. To take over the surplus lands and to allot them for the use of house sites for agriculture
labourers, village artisans or other poor persons owing no house or house sites.
3. To transfer such lands to the weaker section of the people who are depended on
agriculture for agriculture.
4. Generally up to 50% is allotted or transferred to SC & ST members and in the remaining
50% 1/3rd is allotted or transferred to the members as notified by the government and U/a
15 C(4) of Indian constitution.
5. To contemplate a family unit for purpose of possessing a standard holding. Here, a family
unit means wife, husband, minor, sons and unmarried minor daughter.
6. It extends to the whole of Andhra Pradesh.
Definition - Section 3
1. Sec 3 (j) Land: Means land which is used or is capable of being used for purpose of
agriculture or for purpose ancillary thereto including horticulture (Gardening) forest land
pasture (Grazing for animals land plantation and top and includes land deemed to be
agriculture land U/Act.
Explanation I - Where any land is held under ryotwari settlement it shall unless the contrary
is proved be deemed to be land under this act. -
Explanation II - land shall not inc the appurtenant to a building. Here Agriculture land means
and used for taking out fuel with shrubs and little area of grass.
Ryotwari settlement: The Division of all available land whether cultivated or waste into blocks
or lots the assessment of each block at a find rate for ten years and collection of revenue
from each occupant thereto.
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2. Sec 3(v): Wet Land means land registered as wet single crop wet, compounded double
crop wet or special wet land in the land revenue accounts of the government or assessed as
such and includes any land registered as wet which has been.
i) Includes in the ayacut of any government source of irrigation.
ii) Irrigation by water from any government source of irrigation in any 4 fasli years within a
continues period of 6 fasli years immediately before the specified date.
iii) Irrigation by a tube well constructed by a government or any person.
3. Sec 3(e) Dry land-means land registered as dry, Manavari, Asmantavi, Bagat or garden
land or special rate dry land, in the land revenue accounts of the government or assessed as
such and inc any other land excluding wet land.
4. Sec 3(d) Double crop wet land: means any wet land registered as double crop or
compound double crop wet land in the land revenue accounts of the government and
includes any wet land not to be registered:-
I. Which is capable of raising two crops per fasli year with use of water from a tube well
constructed by the government or any person-
II. Where the duffassal crop has been raised with the use of water from a government
source of irrigation for a period of 6 fasli years.
III. Where water is available by any government source of irrigation in both the I & II crop
seasons, during a fasli years including the scheduled areas as specified by the
government.
5. Sec 3(f) Family unit 4 types.
i. Individual+ spouse(s) + minor son(s) + unmarried minor daughter(s).
ii. Individual + minor son(s) + unmarried minor daughter having no spouse.
iii. Divorced husband + minor son(s)) + unmarried minor daughter- not married.
iv. Minor son(s) + Unmarried Minor daughter- both or either spouse dead.
6. Sec 3(i) Holding means the entire land held by a person-
• As a owner. As a limited owner. As a usufructuary mortgage. As a tenant.
• As a mortgagee of a mortgage by conditional sale. As a part performer of sale of land .
7. Sec 3(0) Person includes an individual a family unit, a trustee, a company, a firm, a
Society or association of individuals whether incorporated or not.
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8. Sec 3(k) Owner includes a person by whom or in whose favour a trust is created but does
not inc limited owner or Ryotwari settlement.
9. Sec 3(k) Tenant mean a person who cultivates by his own labour or that of any other
member of his family or by hired labour under his supervision and control.
10. Sec 3(k) Law inc any enactment ordinance, regulation, order, bye-law, rule, scheme,
notification or any other instrument having the force of law.
11.Sec 3(q) Notification means a notification published in the A P Gazette.
12.Sec 3(Q) Revenue divisional officer mean the RDO within whose jurisdiction the land is
situated and any officer of the revenue department not below the rank of a deputy collector.
13. Sec 3(h) Government source of irrigation means a source of irrigation registered in the
land revenue account of the government as such includes a well constructed or maintained
by the government or any local authority.
But does not include a spring channel,parrekalave, naddinala, vagunala, kasam sona, bila
uppawat, bonda dovuun bhukri kole or cross building.
14. Sec 3(g) Government means state government.
Ceiling· Area Sec 3(c) define ceiling area means the Extent of land as specified in sec 4 or
sec 4-A to be ceiling area.
Sec 4: Ceiling Area-
1. The ceiling Area in the case of family unit consisting of not more than five member shall
be an extent of land equal to one standard holding.
2.The ceiling area in the case of family unit consisting of more than 5 member shall be
extent of 1/5 of one standard holding for every such member in excess of five, so, however
that the ceiling are shall not exceed two standard holdings.
3. The ceiling area in the case of every individual who is not a member of a family unit and in
case of any other person shall be an extent of land equal to one standard holding.
Sec 4-A- increase of ceiling area in certain cases:-
When any individual of a family unit consists of one or more major sons having no land or
land less than the ceiling area shall be increased in respect of such major son by the extent
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of land equal to the ceiling area applicable to such major son or the family unit of which he is
a member provided not affecting the Sec 4 of this Act.
Sec 5 STANDARD HOLDINGS FOR DIFFERENT CLASSES OF LAND AND
COMPUTATION
Standard Holding:-In the case of family unit consisting not more than (5) five members, it ranges from 10 to 27 acres in respect of wetlands and from 35 to 54 acres in respect of dry lands, based on the classification of lands in the first schedule as noted below: (Section5)
DIVISION OF LANDS
1) Wet Land - Standard Holding – 10 to 18 Acres
a) Double Crop Wet Land
Class A …. 10 Acres Class B …. 12 Acres Class C …. 13.5 Acres Class D …. 15 Acres Class E …. 16.5 Acres Class F …. 18 Acres
b) Wet Land other than Double Crop – Standard Holding 15 to 27 Acres
Class A …. 15 Acres Class B …. 18 Acres Class C …. 20 Acres Class D …. 22.5 Acres Class E …. 25 Acres Class F …. 27 Acres
2) Dry Land - Standard Holding – 35 to 54 Acres
Class G ….35 Acres Class H ….40 Acres Class I ….45 Acres Class J ….50 Acres Class K ….54 Acres