©Lawxpertsmv india lawxpertsmv.com lawxpertsmv@ gmail.com I UU MODULE 1: INTRODUCTION AND DEFINITIONS UNDERMPLRC INTRODUCTION: Madhya Pradesh LandRevenue Code, 1959 - + Assented by President on 15th September, 1959 * Published in MP Gazette on 21st September 1959. * Come into force on 2nd October, 1959. TYPE OF THE LAW: MPLRCis a 1. Consolidated law 2. Amendinglaw PURPOSE OF THELAW: On 5 Aspectsin Madhya Pradesh 1. landrevenue, 2, the powers of Revenue Officers, 3._rightsand liabilities ofholders ofland from the State Government, 4, agricultural tenuresand 5. other matters relating toland and the liabilities incidental thereto. APPLICATION: MPLRCis app bletowhole of MP. However itis not application in relation to liability ofland for payment of kand revenue the assessment ofland revenue with reference tothe use ofland, realisation of land revenue and all provisions ancillary thereto shall apply tosuch areas as may, from time to time, be constituted as reserved or protected forest under the Indian Forest Act, 1927 (XVI of 1927) However even in these cases MPLRCis applicable for the use of land in such areas for one or more of the purposes as mentioned in Section 59. FOREN Te Oeenrn Ee * Assented by Governor on 7" February, 2020 * Published in MP Gazette on 12% February 2020. 1. Section 2(u) : Revenue officer includes the one under Section 11. 2, Safeguard has been guarded under Section 13(3).State governmentcannotalter, create or abolish - divisions, districts, sub-divisions and tahsils without, * Inviting objections * Consideration of the objections receive 3. Section 19(2) and (3) now authorize the collector to take charge as tahsil and can delegate his powersand duties toadditional Tahsildars and Naib Tahsildars©Lawxpertsmvindia lawxpertsmy.com [email protected] 4, Section 22 now authorize the collector to place any Assistant Collector or Joint Collector or Deputy Collector as Sub- Divisional officer(SDO) to perform the such powers and duties. 5. Period of imitation for filing 1st or 24 Appeal is 45 days from date of the appealed order. Earlier, 30 days/45 days/60 days tier was theredepending upon the authority towhom appeal lies 6. On failure to give imitation of diversion, $DO can compute the premiumand re-assess the land revenuieand can impose a penalty of 50% of the total amount payable. (Section 59) 7. How the Formation of survey numbers, blocknumbers, plot numbersand their groupinginto villagesin non-urban areas or into sectors in urban areas is prescribed under Section 67 8. Not just patwari, but Nagar Sarvekshak or person authorised under section 109 shall enter the rights acquired under section 109. [Section 110] 9. Process for abandonmentofholding, which was repealed, is restored under Section 176, 10. Requirement ofissue of notification by the State Government under Section 183(6) for service lands situated in an urban area, etc. is now done away because the expansion of such areasis a continuous process DF 2018 AMENDMENT AC FEATURE 1: Chapter 7 Land Survey has replaced Chapter 7 and 8 of the Code, which deal with revenue survey and settlement in rural areasand fixation and reassessmentofland in urban areas. EFFECT: Revenue survey and settlement shall be replaced by continuous land survey tobe conducted by the District Collector under the direct administrative control ofthe Commissioner Land Records. FEATURE2: Forimproving the quality ofland management, now ruralareaswill have villages and urban areas will have sectors. FEATURE 3 : To avoid dismissal of cases on the frivolous ground of not having deposited process fee ~ section 35 is nowamended. FEATURE 4: Procedure of appeal, review and revision are revised. Orders from revenue officers > collector > divisional commissioner > Board of Revenue. FEATURES : Amendments were done in importantsections of mutation, demarcation and partition. ‘Time limit: 2 months - undisputed mutation ; 6 Months - disputed mutation. Process of mutation is deemed tobe completed only if copies of relevantorder and recordsare given free of cost to applicants. For demarcation, Sub divisional officer can constitute special team or Empaneled private agencies can do the same. FEATURE 6 : Land owner can deposit the land revenue for 10 yearsin one go. [Section 140]©Lawxpertsmv india lawxpertsmy.com [email protected] FEATURE 7 : Occupancy tenants under Chapter 14 has been removed as the same is now dealt by ‘Madhya Pradesh Bhumiswami Evam Bataidar ke Hiton ka Sanrakshan Ad hiniyam, 2016 (No. 13 of 2018) FEATURES: Prior permission for diversifying the land isnot required, owner can doso by complying with other laws without need for written permission. [Section 172] FEATURE9:: Collector can reserve the unoccupied government land for specific purpose ie, including useful communityusage. FEATURE 10: Easement right of way and private easement rights are given major boost. FEATURE 11: Urban and rural areas recordswill be prepared separately and rights ofall Bhumiswamies, governmentlessee and people residing on abadi land shall be recorded. FEATURE 12: Efficacious provisions for recovery of due land revenue. E 5 Section 2(a) “abadi" means the area reserved from time to time ina village for the residence of i fs 5 aarae ; expression such as "village site" or "gaonsthan' shall also be construed accordingly:] SCOPE: Abadi meansin the village, Area Reserved for the residence of inhabitants or Area Reserved for purpose ancillary to residence ofinhabitants Village site 4, Goansthan EFFECT OF 2018 AMENDMENT : Omission of words “non-urban area” in the this definition is indicative that this provision is applicable on both areas ..on urban area and non-urbanarea ofa village. Madhya Pradesh High Court in the matter of Gram Panchayat Gorakhpur v. Khushali Dindaval Sahu AIR 1973 Madhya Pradesh 19 held that“abadi" land belongs tothe State Government and it cannotbe construed as an asset belonging tothe Gram Panchayat. It clarified that Gram Panchayat do not have the power to dispose the abadisites at their discretion as the section 244 clearly ‘mentions that state government should framerrulesin this regard. * * Section 244. Disposal of abadi sites. Subject to rules made in this behalf the Gram Panchayat or where Gram Panchayat has not been constituted, the Tahsildar shall dispose of sites in the abadi area.”©Lawxpertsmvindia lawxpertsmy.com [email protected] * Likewise, in the matter of Ithoba v, Collector, Chhindwara?, the Division Bench of Madhya Pradesh has held that the State Governmentis competent tomake rules to regulate the power exercisable under Section 244 ofthe Code + Land inthe urban-area, notthe village, cannotbe part of “abadi © ‘Abadiland’ is held in Bhumiswami rights! and cannot be treated tobe Agriculturalland, + Anillegal order ofa revenue authority cannot changethe natureofland.5 ABADI V. NAZUL: The persons lawfully holding house sites in an '‘abadi' are declared Bhoomiswamis thereofandas such in villages which have been declared urban, the persons who lawfully held house sites prior to the date of such a declaration will continue to hold their plots in the Bhoomiswami rights, although, after the notification of the village as urban, the vacant sites, which were known as ‘abadi' sites so far, will be known as ‘nazul.° (by’agriculture” includes (i) the raising of annual or periodical crops including betel leaves (Pan) and waternuts (Singhara) and garden produce; (i horticulture; the plantingand upkeep oforchards; and (iv) the reserving of land for fodder, grazing or thatching grass; (¥) the use of land for poultry, fisheries or animal husbandry inan area situated more than five kilometers away from the periphery ofurbanareas. SCOPE OF DEFINITION: * This definition is inclusive and not limited toone mentioned in the clauses alone.’ There should be agar, afield, and cultural, cultivation. + Mere cutting/thrashing does not amount toagriculture.* * Person should have taken stepsto raise the crop, even though crop did not grow. ° + Aperson could be Shikmi only on agricultural land and not on the abadi land. 71963 JLISN42 (DB) 3 Ramkumar Daniv. Board of Revenue, 1964 JL! SN 59; 1964 RNSN 46 # 1999 RN404 (HC). + Sarvan Kumar & another v. State of M.P.,2007(1) MPLI 60. ® Sind Mahajan Exchange Ltd. v.State of M.P., 1980 JLIS81 » (Sujnarain v.Shyam, 1956NUI512 ® Rao Sankar Pratap Singh v. State, AIR 1960 MP 86. ° (Sridhar v. State, 1956NLJ302} + Sarvan Kumar & another v.State of M.P., 2007(1) MPLI 60.©Lawxpertsmvindia lawxpertsmy.com lawxpertsmv@ gmail.com (agricultural year” means the year commencing on the first day of July or such other dateas the State Government may, by notification, appoint; (d)"Board” means the Board of Revenue constituted under section 3; (e)"bonafide agriculturist” meansa person who cultivates land personally or who may reasonably be expected to cultivate personally; SCOPE: Itincludes a person + who cultivates land personally * who may reasonably be expected to cultivate personally. A Person, as per MP General Clauses Act, can be company or an association of persons.!! However, Trespasser cannot be bonafide agriculturist.12 (Z-2) defines to cultivate personally” meansto cultivate on one’s own account — (i) by one’s own labour; or 19 (ii) by the labour of any member of one’s family; or (lif) by servants on wages payable in cash or kind but not in crop share; or (iv) by hired labour under one's personal supervision or the personal supervision of any member ofone’s family: Personal cultivation includes cultivation through hiredservants under either personal supervision of the applicant or personal supervision ofa member ofhis family." (8"co-operative society” meansa society registered as such under any law relating toCo- operative societies in force for the time beingin any region of the State; (F-1) "development plan” shallhave the same meaning asassigned toitin the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No 23 of 1973); (g)"Government forest” meansa forest constituted asa reserve forest or protected forest in accordance with the provisions of the Indian Forest Act, 1927 (XVI of 1927); Alllands belongs tothe State Government including Government Forest and Forest Land. 4 (b)’Government lessee” means a person holding land from the State Governmentundersection 181; | @ "holding" meansa parcel of land separately assessed toland revenueand held undera tenure; ESSENTIAL ELEMENTS 1 Bhopal Sugar Industries Ltd. v. State of M.P., 1983 JLJ706=1984 MPLI40 * Hareschandra v. Garbhu Singh, 1961 JLJ 780. + state v. Chandulal, 1962 RN66S. 4 Asmeen Vaishyav. Union of india, 2012(3) MPLI678.©Lawxpertsmvindia lawxpertsmy.com [email protected] (J) Itshould bea parcel of land; (2) It should be separately assessed to land revenue; (3) It should be held underatenure. + Landis,as defined section 2(1) ()), as a portion of earth's surface. * Parcel A portion or its little part. * Sections 57 and 58 of the Code declare thatall lands belonging to the State Government shall be liable tothe paymentofland revenue tothe State Government. + Theword ‘tenure’ though hasnot been defined in the Code butthe words'tenure holder’ have been defined in Section 2 (1) (2) as a person whoholdslands from the State Government and whois or is deemed tobea Bhumiswami under the provisions ofthe Code, Section 157 of the Code says that there shall be only one class of tenure holders from the State to be known as Bhummiswami, Thus, if Parcel of landis held in Bhumiswami rights from the State Government the holder becomes the tenure holder ofthat parcel of land and i C TEST FOR DETERMINING “HOLDING” : The real test to determine as to whethera particular survey number is r is not a holding for the purposes of S.2(1)(i) and Section 165(7) of the Code is as to whether in respect ofa particular parcel ofland there has or has not been its separate assessment for land revenue by a Settlement Officer. 5 ERRRREEe eee eerie ‘The real basisis the mode of assessment ofland revenue for the parcels of land. fall the parcels ofland have been collectively assessed to land revenue as one separate and single unit then all of them would constitute one holding ofthe Bhumiswami. If, on the other hand the assessment of land revenues separate for each parcel of land, though held under one tenure by the same Bhumiswami,then each parcel ofland will have tobe treated asa separate holding. In such cases neither the number ofparcels ofland nor the extent of, the Khasra numbers nor the total area of the land held by a Bhumiswami could be the basisto determine the question as to whatis the holding of the Bhumiswami. 16. To illustrate my view, the following cases would be useful: -- A.In village, X.A.a Bhumiswamiis the holder ofonly one parcel of unirrigated land indicated by khasra No. 1, area 12 acres. This parcel of land is separately assessed toland revenue at Rs. 5.00. B. In village Y, B,a Bhumiswami is the holder ofthree parcels of unirrigated land indicated by Khasra numbers 2,3 and 4. The individual area ofthe three numbers being four acres each and the total area being 12 acres, all the three parcels ofland are assessed collectively and not separately to land Revenueall Rs. 6.00. C. InvillageZ, C. a Bhumiswami isthe holder of 3 parcels of unirrigated|and indicated by khasra numbers 5, 6 and 7 the individual area being 4 acres each and the collective area being 12 acres. Each of the parcel of land is separately assessed toland revenue at Rs. 2.00 each. Inillustration A. the plotof land is only one and is separately assessed toland revenue at Rs. 5.00. As the assessmentis separate, the land, bearing khasra No. 1, will be one holding for the purposes + Ramsingh v. Shankerlal, 1972 MPL 405.©Lawxpertsmvindia lawxpertsmy.com [email protected] of Section 165 of the Land Revenue Code. In illustration B the Bhumiswami isthe holder ofthree plots of land bearing khasra Nos.2,3 and 4, the individual area being 4acres and the total area being 12acres. Asthe assessment ofland revenueis collectives one unit, all the three khasra numbers will be treated as one holding for the purposes of Section 165 of the MP. Land Revenue Code. In illustration C. the Bhumiswamiis the holder ofthree plots of land being khasra numbers 5,8.and 7, whose individual area is 4 acresand collective area is 12 acres. As each plotof land is separately assessed toland revenue each one of them will bea separate holding irrespective of the fact that the holder is one and the same person and the total area of the land is more, than 10 acres. ()"improvement” means with reference toa holding, any workwhich + addsmaterially tothe value ofthe holding + which issuitabletheretoand consistent with the purpose for which itis held and + which, ifnot executed on the holding, is either executed directly for its benefit or + isafter execution, made directlybeneficialtoit; and, subject tothe foregoing provisions, includes (i the construction of tanks, wells, water channels, embankmentsand other works for storage, supply or distribution of water for agricultural purposes; i) the construction of works for the drainage ofland or for the protection of land from floods, or from erosion or other damage from water; (iii) the planting of trees and the reclaiming, clearing, enclosing, levelling or terracingofland; (iv) the erection of buildings on or in the vicinity of the holding, elsewherethan in the abadi or urban area, required for the convenient or profitable use or occupation of the holding; and (v) the renewal or reconstruction of any of the foregoing works, or alterations therein or additionsthereto; but does not include (a) temporary wells and such water channels embankments, levelling, enclosures or other works or petty alterations in or repairs to such works, as are common ly made by cultivators of the locality in the ordinary course of agriculture;or (b) any work which substantially diminishes the value of any land, wherever situated, in the occupation of any other person, whether as Bhumiswami or occupancy tenant; Explanation. A work which benefits several holdings may be deemed tobe an improvement withrespect toeach of such holdings; SCOPE: This definition is exhaustive and hasbeen defined in relation toa holding Following have been held tobe improvement © Construction of house©Lawxpertsmvindia lawxpertsmy.com lawxpertsmv@ gmail.com Y for servants workingin agricultural land.!6 Y Forsupervision of his cultivation..7 * Construction of building for convenience or profitable use ofholdingis improvement. '* + Repair of the dilapidatedhouse in aholding, (Tang means ¥ a portion of the earth's surface whether ornotunder water; and, ¥ where land isreferred toin this Code, itshall be deemed to include ¥_allthingsattached to or permanently fastenedto anything attached tosuch land; ("landless person” meansa person whois a bonafide agriculturistandwhowhether individually or jointly with other members ofhis family hold no lands or land less than thearea which maybe prescribed in this behalf; Explanation. For purposes ofthis clause the family of a person shall be deemed toconsistof his spouse, issueand parents. Landless person includes bonafide agriculturist (See.2(e)] and who (a) holds no land either individually or jointly with other members ofhis family; or (b) fhe holds any land, the area of such land is less than what isprescribed in this behalf. Family =Spouse + Issues + Parents. landless person shall include a person holding less than (a) 4acres of unirrigated or 2 acres of sated land in the rice tract; or (b) 5 acres of land in cotton; Jaur or wheat tract; or (c) 10.acres of land in Kodon, Kutki or minor millet tract. (m)"land records” means records maintained under the provisions of this Code; ' _ (m-1) “land revenue” means all moneys payable to the State Government for holding land and _ includes premium, rent, lease money, quitrentor any other cognate variation ofthese expressions; / (n)"legal practitioner” means any person entitled to practice in any of the courts in Madhya | Pradesh under the Legal Practitioners Act, 1879 (XVIII of 1879)?, or under any other law for the |_time beingin force; (o)"mango grove” means mangotrees planted in such num bers that they preclude or when full | grown are likely to preclude the land on which they stand or any major portion thereofirom being used primarily for any purpose other than planting of trees; 3 1980 RN 163, Dhannalal . Babulal, 1982RN456 8 1966RN395 ® Notification No. 2547-5163-60-VII-N (Rules), dt. 2-6-1962©Lawxpertsmvindia lawxpertsmy.com lawxpertsmv@ gmail.com (0a) "Market Value” meansthe value of land assessed according to guidelines issued by the Collector under the Madhya Pradesh Bajar Mulya Margdarshak Siddhanton ka Banaya Jana Tatha Unka Punrikshan Niyam,2000 madeunder the Indian Stamp Act, 1899 (No.2 0f1899);] (p)"orchard” means fruit trees plantedin such numbers thatthey preclude or when full grown are likely to preclude the land on which they stand or any major portion thereof from being used primarily forany purpose other than planting oftrees; (q) “plot number” means the numberassigned toa portion of land formed into or recognised asa _plotnumber under this Code (1)'recognised agent” in reference toa party toa proceeding under the Code means (i) person authorised under a power ofattorney by such party to make appearance and applications and todo otheracts on hisbehalfin such proceedings; and (ii)a person authorised in writing by such party tomake appearance on his behalfin such. proceedings; A person, whois notan advocate ora legal practitioner or a pleader, can act asa recognised agent only if he holds a general power of attorney. He cannotbe allowed to appear asa recognised agent under aspecial power of attorney. 2° Agentisallowed only to appear, not ¥ toexamine witnesses on behalfofhis principal or cross-examine witnesses ofthe other sideor ¥_ tomakearguments.* (5)'region” means the Mahakoshal region, the Madhya Bharat region, the Bhopal region, the Vindhya Pradesh region and the Sironj region, or any of these, as the case may be; ("rents” means whatever is paid or is payable in money orin kind (@by a lessee to his Bhumiswami on account of the use or occupation of land held by him from such Bhumiswamizor (ii) by aGovernment lessee tothe Governmenton account of the use or occupation of land leased, out to him by the Government; | (u)’Revenue Officer” in any officer mentioned in Section 11. (v)"reventie year” means the year commencing on such date as the State Government may, inthe case of any special local area, by notification, appoint; 1stOctoberis "Revenue Year" (v-i) “sector” means any tractofland in urban area formed into or recognisedas a sector under the provisions ofthis Code; ® Badri Prasad Sadashivraovs DistrictJudge, Shri G.R. Kale AIR 1964 MP 264 2% Amritlal v. Manoharlal,1960MPLJ 175 (Vide Notification No. 5259-290-VIl-N-Rules, datedthe 30th May, 1960.)©Lawxpertsmvindia lawxpertsmv.com [email protected] (v-2) "service land” means such land ina non-urban area which his tenure isgiven toa kotwar for the purpose of agriculture duringhis tenure of post. (w)' sub-division ofa survey number” means portion of a survey number in respect of which the areaand the land revenue payableare separately entered in the land records underan indicative number subordinate to that ofthe survey numbers of which itis a portion. (&) "survey number” means the numberassigned toa portion of land formed into or recognised as asurvey number under this Code and enteredin the land records under an indicative number known asthe khasra number (@)"tenure-holder” means a person who holds land from the State Government and whois oris. deemed tobe Bhumiswamiunder the provisions ofthis Code; (2-1)'timber trees” means trees or the following species namely: (i) Tectona grandis (sagwan); (ii) Pterocarpus Marsumpium (bija); (iii) Dalberia latifolia (shisham); (iv) Shorea robusta (sal); (¥) tinsa; (vi) Terminalia tomentosa (ain orsaj); (vii) Santalumalbam (Chandan); 1[(viti) Adina Cordifolia (Haldu); (ix) Mitragyna Parviflora (Mundi); (x) Teiminalia Arjuna (Arjun); (xi) Diaspyrous melaxylon (Tendu); (xii) Gmelina arborea (khamhar).) (2-2/"tocultivate personally” means to cultivate on one’s own account (@ by one’s own labour; or i) by the labour of any member ofone’s family, or (ii) by servants on wages payable in cash or kind but notin crop share, or (iv) by hired labour under one’s personal supervision or the personal supervision of any member of one's family; [(2-3) "unoccupied land” means the land other than the abadi or service land, or the land held by a Bhumiswami ora Government lessee; (2-4)"urban area” means + thearea for the time being included withinthe limits of any municipal corporation or * anymunicipality or notified area constituted under any law for the time being in force relating to municipalities or + anyvillage or group of villages which may be specified by the State Governmentasurban area; and © theexpression “non-urban area’ shall be construed accordingly; (2-5) "village" means ‘© anytract of land ina non-urban area which, before the coming intoforce of this Code, was recognized or was declared asa village under the provisions of any law for the time being in forceand * anyothertractof land ina non-urban area which is recognized asa village at any land survey or which the State Governmentmay, by notification, declareto bea village.