1) Describe the importance of social impact assessment,

explain how it helps the govt in effective planning of

rehab and reset schemes ?

Introduction

According to the International Association for Impact Assessment (IAIA),

‘Social Impact Assessment’ is a process that integrates the processes of
analysing, monitoring and managing the intended and unintended social
consequences, both positive and negative, of planned interventions
(policies, programs, plans, projects)

The objective of SIA, as per the IAIA, is to ensure that the development
process maximises its benefits and minimises its costs, especially those
costs borne by people in the following ways

1. better decisions can be made about which interventions should proceed

and how they should proceed; and

2. mitigation measures can be implemented to minimise the harm and

maximise the benefits from a specific planned intervention or related
activity.

History

No SIA; Unprecedented Problems

Prior to the enactment of the present act, development or industrial

projects executed anywhere in the country did not have any stringent
parameters for measuring the magnitude of the repercussions that would
be felt my communities residing in and around the site of the project.
Consequently a large number of affected people were left out of any
rehabilitation or resettlement plans that were developed for the same
projects in an ad hoc manner. A few examples of the same-

1. Sardar Sarovar Dam, Gujarat, 1980s-

One of the most controversial and glaring examples of the lack of a

systematic social impact assessment study conducted to enumerate the
population of displaced and affected people. Rehabilitation of more than
half of the population affected by submergence is yet to happen even
though the project is deemed to be complete and was inaugurated as late
as 2017.

2. Bilaspur Dam Project, Rajasthan, 1990s -

In the absence of any proper socio-economic-cultural impact survey, no

proper plan for resettlement or rehabilitation was put in place, which
allowed eventually an extremely haphazard ‘jungle-raj’ like scenario of
providing compensation to the affected or displaced people. Genuinely
affected poor were even cheated for their compensation.

3. Rengali Irrigation Project, Rengali, Odisha, 1985

A rough estimate of more than 10000 families displaced, the project had
an ineffective rehabilitation management, where the allotted barren
unirrigated lands which they could not use for any economy generation
being unskilled in land use and having no skill upgradation.

Process flow of SIA

Determination of Social Impact and Public Purpose
A- Preliminary investigation for determination of Social Impact and Public
Purpose-

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Preparation of Social Impact Assessment Study U/s 4

Government to consult with Municipality, Panchayat, etc in the affected

area and carry out a SIA study

Notification to this effect to be made available in local language to the

concerned offices i.e. District Collector, Sub Collector, Tehsil, Municipality,
Panchayat etc

Study to be completed in six months, team to include adequate

representation from panchayat or municipality i.e. elected representatives
of the people

Various parameters to be studied are mentioned ahead in this document.

The authority conducting the study to prepare a Social Impact

Management Plan (SIMP) , listing ameliorative measures required to be
undertaken for addressing specific components (these should not be less
than other contemporary schemes/plans operational in that area

Public hearing for Social Impact Assessment U/s 5

Appropriate government to notify , with due time and publicity, for a
public hearing to be conducted in that area, to ascertain views of the
affected families to be recorded and included in the Social Impact
Assessment Report

Publication of Social Impact Assessment Report U/s 6

Appropriate government to ensure that SIA study report and SIMP are
made available in the local language to the relevant offices and published
in the affected areas (locality) and website of the government in
prescribed manner

if environmental impact assessment is being carried out, then a report of

the SIA shall be made available to the agency carrying out the same.
(Irrigation projects-Only EIA hence no SIA)

B. Appraisal of Social Impact Assessment report by an Expert

Group-

Appropriate government to ensure that the SIA report is evaluated by an

independent multi- disciplinary expert group U/s 7(1), which maybe
constituted as follows-

Examination of proposals for land acquisition and the Social Impact

Assessment Report by appropriate government

The appropriate government shall ensure that-

1. There is a legitimate and bona fide public purpose for the proposed
acquisition which necessitates the acquisition of the land identified

2. The potential benefits and the public purpose referred to shall outweigh
the costs and adverse social impact as determined by the Social Impact
Assessment study carried out

3. Only the bare minimum area of land required for the project is
proposed to be acquired
4. There is no unutilized and which has been previously acquired in the
area
5. The land, if any, acquired earlier remained unutilized, is used for
such public purpose

and make recommendations in respect thereof.

The LARR Act, further mandates that the body conducting the SIA should
prepare a Social Impact management Plan, which outlines how this
impact should be countered and addressed

CASE LAWS:

1. Narmada Bachao Andolan vs. Union of India (2000)

o This landmark case dealt with the Sardar Sarovar Dam project
on the Narmada River. The Supreme Court emphasized the
importance of conducting a thorough Social Impact
Assessment (SIA) before proceeding with large-scale
development projects. It highlighted the need to consider the
potential displacement and rehabilitation of affected
communities.
2. Samata vs. State of Andhra Pradesh (1997)
o In this case, the Supreme Court emphasized the rights of
tribal communities over their lands and resources, particularly
in the context of mining activities. It underscored the
necessity of conducting SIA to assess the impact of such
projects on tribal communities and to ensure their
participation and consent in decision-making.

Conclusion

In the words of the American politician Jack Kemp, economic development

doesn’t mean anything if it leaves people out. The costs of development,
industrialisation and forward growth of civilisations mean nothing when
basic survival is threatened by displacement from people’s original
localities or, in other words, their homes. No civilisation can flourish at the
cost of their fellow beings

2) Constitution, powers and functions of land acquisition

rehabilitation and resettlement authority

Establishment

Sec.51 envisages the establishment of Land Acquisition, Rehabilitation

and Resettlement Authority
By way of a notification the appropriate Government has the power to
establish one or more Authorities to be known as the Land Acquisition,
Rehabilitation and Resettlement Authority to exercise jurisdiction, powers
and authority conferred on it for the purpose of providing speedy disposal
of disputes relating to:

1. a) land acquisition
2. b) compensation
3. c) rehabilitation and resettlement

The appropriate Government should specify in the notification the areas

within which the Authority is to exercise jurisdiction for entertaining and
deciding the references made to it or applications made by the applicant.

Composition of Authority

The Authority consists of only one person to be known as the Presiding

Officer.

The appropriate Government can authorise the Presiding Officer of one

Authority to discharge the functions of the Presiding Officer of another
Authority also.

Qualifications for appointment as Presiding Officer

To be appointed as the Presiding Officer of an Authority a person should

have been a) District Judge; or
b) aqualifiedlegalpractitionerfornotlessthansevenyears.

A Presiding Officer is appointed by the appropriate Government in

consultation with the Chief Justice of a High Court in whose jurisdiction
the Authority is proposed to be established.

Terms of office of Presiding Officer

The Presiding Officer of an Authority will hold the office for a term of three
years from the

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date on which he enters upon his office or until he attains the age of
sixty-five years, whichever is earlier.
Staff of Authority

The Authority is provided with a Registrar and other officers and

employees.

The Registrar and other officers and employees of the Authority discharge
their functions under the general superintendence of the Presiding Officer.

Powers of Authority and procedure before it

For the purposes of its functions the Authority has the same powers as
are vested in a civil court under the Code of Civil Procedure, 1908 (5 of
1908) in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) discovery and production of any document or other material object

producible as evidence;

(c) receiving evidence on affidavits;

(d) requisitioning of any public record;
(e) issuing commission for the examination of witnesses; (f) reviewing its
decisions, directions and orders;
(g) any other matter which may be prescribed.

The Authority has original jurisdiction to adjudicate upon every reference

made to it

The Authority should not be bound by the procedure laid down in the
Code of Civil Procedure, 1908 (5 of 1908) but should be guided by the
principles of natural justice and the Authority also has the power to
regulate its own procedure.

The Authority after receiving reference and after giving notice of such
reference to all the parties concerned and after affording opportunity of
hearing to all parties should dispose of such reference within a period of
six months from the date of receipt of such reference and make an award
accordingly.

The Authority should arrange to deliver copies of the award to the parties
concerned within a period of fifteen days from the date of such award.

Reference to Authority
By written application to the Collector any interested person who has not
accepted the award may demand that the matter be referred by the
Collector for the determination of the Authority, his objection regarding

(a) the measurement of the land,

(b) the amount of the compensation,
(c) the person to whom it is payable,
(d) the rights of Rehabilitation and Resettlement or
(e) the apportionment of the compensation among the persons interested

However the Collector should make a reference to the appropriate

Authority within a period of thirty days from the date of receipt of such
application

Further where the Collector fails to make such reference within the said
period, the applicant

is at liberty to apply to the Authority, requesting it to direct the Collector

to make the

reference to it within a period of thirty days.

Determination of award by Authority

In determining the amount of compensation including the Rehabilitation

and Resettlement entitlements, the Authority should take into
consideration whether or not the Collector has followed the parameters
set out.

In addition to the market value of the land as provided the Authority has
the power to award an amount calculated at the rate of twelve per cent
per year on the market value for the period from the date of the
publication of the preliminary notification to the date of the award of the
Collector or the date of taking possession of the land.

Case laws

1. Indore Development Authority v. Shailendra (2004) - In this case, the

Supreme Court held that the Land Acquisition Rehabilitation and
Resettlement Authority has the power to determine the compensation
payable to landowners whose land has been acquired by the government.

2. State of Kerala v. K. N. Rajan (2011) - In this case, the Kerala High

Court held that the Land Acquisition Rehabilitation and Resettlement
Authority has the power to determine the rehabilitation and resettlement
benefits to be provided to persons affected by land acquisition.

3. State of Maharashtra v. Prakash (2015) - In this case, the Bombay

High Court held that the Land Acquisition Rehabilitation and Resettlement
Authority has the power to review and modify the compensation awarded
to landowners in cases of land acquisition.

3) National Monitoring committee

The National Monitoring Committee (NMC) is a statutory body

established under the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013. The committee is responsible for
monitoring the implementation of the provisions of the Act at the
national level.

Sec.48 provides for the establishment of National Monitoring

Committee for Rehabilitation and Resettlement by the Central
Govt. for national and inter-State projects for the purpose of
reviewing and monitoring the implementation of Rehabilitation
and Resettlement schemes or plans under the Act.

The NMC consists of representatives from various ministries,

departments, and organizations related to land acquisition,
rehabilitation, and resettlement. The committee is tasked with
reviewing the progress of land acquisition projects, ensuring
compliance with the provisions of the Act, and addressing any
issues or grievances that may arise during the process.
The NMC plays a crucial role in ensuring that land acquisition
processes are carried out in a transparent and fair manner, and
that the rights of landowners and affected communities are
protected. By monitoring and overseeing the implementation of
the Act, the committee helps to prevent any misuse or abuse of
power in the land acquisition process and promotes
accountability and transparency in land acquisition projects.

Overall, the National Monitoring Committee serves as a vital

oversight body that helps to safeguard the interests of
landowners and affected communities in the land acquisition
process under the Land Acquisition Act, 2013.

Establishment of State monitoring committee for Rehabilitation

and Resettlement

Under Sec. 50 the State Govt. is required to constitute a State

monitoring committee for reviewing and monitoring the
implementation of Rehabilitation and Resettlement schemes or
plans

This State Monitoring Committee for Rehabilitation and

Resettlement is allowed to associate with eminent experts from
relevant fields in addition to the having representatives of the
concerned ministries and departments of the central and State
Govt.

This committee is provided with the necessary officers and other

employees by the Govt. for efficient functioning.
 4) Provision to Safeguard Food Security

Importance of food security

Most of our food comes from land. As per World Bank statistics through
2010-2014, 60.3 percent of the total land in India was agricultural land,
though the trend is declining. Reportedly 70 percent of India’s population
depends on agriculture for their livelihood.

Food security as per the NFS Act means ‘the supply of the entitled
quantity of food grains and meals as specified’ in the law. The food grains
whether rice, wheat or millets, need land on which to be sown and grown.

We need a food policy, which envisions the country’s future land needs for
feeding its people. A land law and policy ought to complement that vision.
In the recent past policy has encouraged Indian industry to seek
cultivable land overseas (such as in African states), though the
government does not admit it as a food security strategy.

According to the Food and Agriculture Organisation (FAO) agricultural land

is that which is arable – cultivable and suitable for growing crops, plus
that on which there are either permanent crops or which is under
permanent pasture. The LARR Act, 2013 gives an even more broad
definition of ‘agricultural land’. Securing such land (from any non-
agricultural use) means securing food supplies.

Special provision to safeguard food security

Sec.10 of the RFCTLARR Act, 2013 envisages safeguard food security.

Sec.10 states as

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follows:

1. Multi-crop irrigated land will not be acquired except as a demonstrably

last resort measure, which in no case should lead to acquisition of more
than the limits which have been set by the State Govt. under this law.

2. Wherever multi-crop irrigated land is acquired an equivalent are of

culturable waste land shall be developed for agricultural purposes or an
amount equivalent to the value of the land acquired should be deposited
with the appropriate Govt. for investment in agriculture for enhancing
food security.

3. States are also required to set a limit on the area of agricultural land
that can be acquired in any given District.
However the provisions of Sec.10 do not apply in case of projects which
are linear in nature such as those relating to railways, highways, major
District roads, irrigation canals, power lines and the like

________________________________________________-

3. History of Land acquisition laws in India

he history of land acquisition laws in India can be traced back to the

British colonial era when the British government enacted the Land
Acquisition Act of 1894. This Act gave the government the power to
acquire land for public purposes such as building roads, railways, and
other infrastructure projects. However, the Act was criticized for being
heavily biased towards the government and did not adequately protect
the rights of landowners.

Over the years, there have been several amendments to the Land
Acquisition Act in order to address these shortcomings. The most
significant of these amendments was the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act of
2013 (RFCTLARR Act). This Act sought to provide fair compensation to
landowners and ensure that their rights were protected during the land
acquisition process.

One of the key provisions of the RFCTLARR Act was the requirement for
consent of at least 80% of landowners for acquisition of land for private
projects and 70% for public-private partnership projects. This was a
significant departure from the previous Act, which did not require any
consent from landowners.

Another important provision of the RFCTLARR Act was the requirement for
a social impact assessment to be conducted before any land acquisition.
This assessment was meant to determine the potential impact of the
acquisition on the livelihoods of the affected communities and to ensure
that adequate rehabilitation and resettlement measures were put in place.

Despite these progressive provisions, the RFCTLARR Act faced criticism

for being too cumbersome and time-consuming, leading to delays in land
acquisition for important infrastructure projects. In response to these
criticisms, the government passed the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
(Amendment) Ordinance in 2015, which sought to streamline the land
acquisition process.

However, this Ordinance was met with opposition from various quarters,
including farmers and activists, who argued that it diluted the provisions
of the RFCTLARR Act and favored the interests of the government and
private companies over those of the landowners.

One of the most prominent cases related to land acquisition laws in India
is the case of the Singur land acquisition in West Bengal. In 2006, the
state government acquired land in Singur for the Tata Nano project,
leading to protests by farmers who were displaced from their land. The
case went to the Supreme Court, which eventually ruled in favor of the
farmers and directed the government to return the land to them.

Overall, the history of land acquisition laws in India is a complex and

contentious one, marked by a constant struggle between the interests of
the government and private companies on one hand, and the rights of
landowners and affected communities on the other. It is clear that there is
a need for a balanced and transparent land acquisition process that takes
into account the concerns and rights of all stakeholders involved.

_________________________________________________

4. Major differences between lA 1894 and LA 2013?

The major differences between the Land Acquisition Act of 1894

and the Land Acquisition Act of 2013 are as follows:

1. Purpose: The Land Acquisition Act of 1894 was primarily

focused on acquiring land for public purposes or for companies,
with minimal consideration for the rights of landowners or the
impact on the environment. The Land Acquisition Act of 2013, on
the other hand, aims to strike a balance between the need for
development and the protection of the rights of landowners and
affected communities.

2. Consent: The Land Acquisition Act of 1894 did not require the
consent of landowners for acquisition of their land, leading to
widespread protests and conflicts. The Land Acquisition Act of
2013 mandates the consent of 70-80% of landowners for
acquisition of land for public-private partnership projects, and
80-100% of landowners for private projects.

3. Compensation: The Land Acquisition Act of 1894 had vague

provisions for compensation, often leading to inadequate or
unfair compensation for landowners. The Land Acquisition Act of
2013 has clear guidelines for determining compensation,
including the value of the land, rehabilitation and resettlement
costs, and other factors.
 4. Rehabilitation and Resettlement: The Land Acquisition Act of
2013 includes provisions for the rehabilitation and resettlement
of affected communities, ensuring that they are adequately
compensated and provided with alternative livelihood options.

5. Social Impact Assessment: The Land Acquisition Act of 2013

requires a Social Impact Assessment to be conducted before
acquiring land for projects, to assess the impact on affected
communities and suggest measures to mitigate negative effects.

Overall, the Land Acquisition Act of 2013 is more comprehensive

and rights-based compared to the Land Acquisition Act of 1894,
with a focus on fair compensation, consent of landowners, and
rehabilitation and resettlement of affected communities.

5) Explain the scope and salient features of LARR act, 2013?

The Land Acquisition Rehabilitation and Resettlement Act, 2013, often referred to as the
LARR Act, 2013, is a significant legislation in India.

It was enacted to regulate the process of land acquisition, ensure fair compensation for
landowners, and provide rehabilitation and resettlement to those affected by land acquisition.

The Act aims to address the issues faced by landowners and those displaced due to
development projects, ensuring that they receive adequate compensation and support.

Scope of the LARR Act, 2013

The scope of the LARR Act, 2013, is broad and covers various aspects of land acquisition,
compensation, rehabilitation, and resettlement. Here are the key areas that the Act addresses:

Public Purpose

The Act specifies the purposes for which land can be acquired. These include infrastructure
projects, housing, planned development, and other projects that benefit the public.

The Act ensures that land acquisition is done only for genuine public purposes.

Social Impact Assessment (SIA) Before any land acquisition, a Social Impact
Assessment must be conducted. This assessment evaluates the potential impact of the project
on the local community, environment, and economy. It involves public consultations to
gather feedback from those who will be affected.

Consent Requirement
The Act requires the consent of affected landowners for certain types of projects. For private
projects, the consent of 80% of landowners is needed, and for public-private partnership
projects, the consent of 70% of landowners is required.This ensures that land acquisition is
not done against the will of the majority.

Compensation

The Act provides guidelines for fair compensation to landowners. Compensation includes the
market value of the land, a solatium (extra amount) for the hardship faced, and other benefits.

The aim is to ensure that landowners receive adequate compensation that reflects the true
value of their land.

Rehabilitation and Resettlement (R&R)

The Act mandates the provision of rehabilitation and resettlement packages for those
displaced by land acquisition.

This includes housing, employment, and other support to help affected families rebuild their
lives. The focus is on minimizing the adverse impact of displacement.

Transparency and Accountability

The Act emphasizes transparency and accountability in the land acquisition process. It
requires detailed documentation, public disclosure of information, and the involvement of
local authorities to ensure that the process is fair and just.

Salient Features of the LARR Act, 2013The LARR Act, 2013, has several salient features
that make it a comprehensive and progressive piece of legislation. Here are some of the key
features:

#1 Social Impact Assessment (SIA)

One of the most important features of the Act is the requirement for a Social Impact
Assessment. The SIA evaluates the potential impact of the project on the community,
environment, and economy.

It includes public consultations to gather feedback and suggestions from those who will be
affected. The SIA report must be made available to the public and submitted to an
independent expert group for appraisal.

#2 Consent Requirement

The Act mandates the consent of affected landowners for certain types of projects. For
private projects, the consent of 80% of landowners is required, and for public-private
partnership projects, the consent of 70% of landowners is needed.
This ensures that land acquisition is done with the agreement of the majority of landowners.

#3 Fair Compensation

The Act provides guidelines for fair compensation to landowners. Compensation includes the
market value of the land, a solatium (extra amount) for the hardship faced, and other benefits.

The market value is determined based on the average sale price of similar land in the area,
and the solatium is an additional 100% of the market value.

#4 Rehabilitation and Resettlement (R&R)

The Act mandates the provision of rehabilitation and resettlement packages for those
displaced by land acquisition. This includes housing, employment, and other support to help
affected families rebuild their lives.

The R&R package is designed to minimize the adverse impact of displacement and ensure
that affected families can lead a dignified life.

#5 Special Provisions for SC/ST Communities

The Act includes special provisions for the rehabilitation and resettlement of Scheduled
Castes (SC) and Scheduled Tribes (ST) communities.

These provisions recognize the unique challenges faced by these communities and aim to
provide additional support and benefits.

#6 Enhanced Transparency and Accountability

The Act emphasizes transparency and accountability in the land acquisition process. It
requires detailed documentation, public disclosure of information, and the involvement of
local authorities.This guarantees that the process is fair and just and that landowners and
affected families know their rights and entitlements.

#7 Institutional Mechanisms

The Act establishes various institutional mechanisms to oversee the land acquisition process
and ensure compliance with the provisions of the Act.

These include the establishment of a National Monitoring Committee, State Monitoring

Committees, and District Level Committees.

These committees are responsible for monitoring the implementation of the Act and
addressing grievances and disputes.

#8 Time-Bound Process
The Act provides for a time-bound process for land acquisition, compensation, rehabilitation
and resettlement.This ensures that the process is completed within a specified timeframe and
that landowners and affected families receive timely compensation and support.

Bottom Line

The Land Acquisition Rehabilitation and Resettlement Act, of 2013, is a significant

legislation that aims to regulate the process of land acquisition, ensure fair compensation for
landowners, and provide rehabilitation and resettlement to those affected by land acquisition.

The Act addresses the issues faced by landowners and those displaced due to development
projects, ensuring that they receive adequate compensation and support.

The scope of the Act is broad and covers various aspects of land acquisition, compensation,
rehabilitation, and resettlement.

The salient features of the Act, including the requirement for a Social Impact Assessment, the
consent requirement, fair compensation, rehabilitation and resettlement packages, special
provisions for SC/ST communities, enhanced transparency and accountability, institutional
mechanisms, and a time-bound process, make it a comprehensive and progressive piece of
legislation.

6) State the procedure for acquisition of land after social impact

assessment?

Notification & Acquisition

Publication of preliminary notification and power of officers - Sec 11

Sec.11 of the RFCTLARR Act, 2013 envisages for publication of preliminary notification along with
details of the land to be acquired in rural and urban areas and powers of officers thereupon.

Sec.11 states that whenever, it appears to the appropriate Government that land in any area is required
or likely to be required for any public purpose, a notification (preliminary notification) to that effect
along with details of the land to be acquired in rural and urban areas should be published in the
following manner, namely

(a) in the Official Gazette;

(b) in two daily newspapers circulating in the locality of such area of which one shall be in the
regional language;

(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be
and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;

(e) in the affected areas, in such manner as may be prescribed

Sec 12 - Preliminary survey of land and power of officers to carry out survey

Once when a notification has been made by the appropriate Govt. u/Sec.11 the appropriate

Govt. or his

a) b) c) d)

e)

is empowered u/Sec.12 to determine the extent of land and towards this end any officer servants or
workmen who have been authorised by the such Govt. has the power:

to enter upon and survey and take levels of any land in such locality.

To dig or bore into the subsoil

to do all acts necessary to ascertain whether the land is adapted for such purposes;

to set out the boundaries of the land proposed to be taken and the intended line of work proposed to be
made thereon and

Payment for damage – sec 13

In conducting any of the survey activities enumerated under Sec.12 if any damage is caused then the
officer is empowered to pay or tender payment for the damage and if there is any dispute as to the
sufficiency of such amount the officer should refer the dispute to the Deputy Commissioner and his
decision will be final in this regard.

Hearing of objections – sec 15

Sec.15 of the RFCTLARR Act, 2013 envisages hearing of objections of any person who is interested
in any land which has been notified for acquisition.

The Section provides that within 60 days from the date of notification if any person who is interested
in any land which has been notified as being required for any public purpose is at liberty to raise
objections as to:

a) the area and suitability of land proposed to be acquired; b) justification offered for public purpose;
c) the findings of the SIA

Case Law

In Women’s Education Trust & Anr Vs. State of Haryana & Others the following principles were
established w.r.t. hearing of objections:
Before depriving any person of his land by compulsory acquisition, an effective opportunity must be
given to him to contest the decision taken by the State Government/competent authority to acquire the
particular parcel of land.

In Navneet Ram Vs. State of Uttar Pradesh, AIR, 1975 SC 2144 it was held by the Supreme Court
that where the land proposed to be acquired is specifically mentioned in the notification it is only the
persons interested in that land who is entitled to be heard under Sec.5-A. Thus a person having no
right, title and interest in the land sought to be acquired has no locus standi to file an objection and
question the validity of the acquisition of the land.

Read sec 17 onwards in bare act

7) Discuss the provisions relating to acquisition and notification of land

under LARR 2013 ? Same as above – Chapter IVof the act

8) Explain the various elements to be considered in determining

compensation for land acquired under LARR 2013?

The collector will compute the entire amount of compensation to be given to

the landowner whose land has been acquired by adding all assets connected
to the land under Section 27after determining the market value of the land
to be acquired. The collector is required by Section 28 to take the following
factors into account when assessing the amount of compensation to be given
for land acquired under this Act:

Firstly, the market value as determined under section 26 and the award
amount in accordance with the first and second schedules

secondly, the damage sustained by the person interested, by reason of the

taking of any standing crops and trees which may be on the land at the time
of the Collector's taking possession thereof;
thirdly, the damage (if any) sustained by the person interested, at the time
of the Collector's taking possession of the land, by reason of severing such
land from his other land;

fourthly, the damage (if any) sustained by the person interested, at the time
of the Collector's taking possession of the land, by reason of the acquisition
injuriously affecting his other property, movable or immovable, in any other
manner, or his earnings;

fifthly, in consequence of the acquisition of the land by the Collector, the

person interested is compelled to change his residence or place of business,
the reasonable expenses (if any) incidental to such change;

sixthly, the damage (if any) bona fide resulting from diminution of the profits
of the land between the time of the publication of the declaration under
section 19 and the time of the Collector's taking possession of the land; and

seventhly, any other ground which may be in the interest of equity, justice
and beneficial to the affected families

Award of solatium The collector must impose a “solatium” equal to

100% of the compensation amount after determining the total compensation

to be paid in order to determine the final award under Section 30.

9) Explain the procedure for resettlement and rehabilitation?

Rehabilitation & Resettlement Award

Rehabilitation and Resettlement award for affected families by Collector

Sec.31 empowers the Collector to pass Rehabilitation and Resettlement Award for each family
affected by the land acquisition in terms of the entitlements provided in the second schedule.

Such Rehabilitation and Resettlement award should include the following:

1. a) rehabilitation and resettlement amount payable to the family;

2. b) bankaccountnumberofthepersontowhichtherehabilitationandresettlementaward amount is
to be transferred;
3. c) particulars of house site and house to be allotted, in case of displaced families;
4. d) particulars of land allotted to the displaced families;
5. e) particulars of one time subsistence allowance and transportation allowance in case of
displaced families
6. f) particulars of payment for cattle shed and petty shops;
 7. g) particulars of one-time amount to artisans and small traders;

7. h) details of mandatory employment to be provided to the members of the affected families;

8. i) particulars of any fishing rights that may be involved;
9. j) particulars of annuity and other entitlements to be provided;
10. k) particularsofspecialprovisionsfortheScheduledCastesandtheScheduledTribesto be
provided.

Sec 32 - Provision of infrastructural amenities in resettlement area

In every resettlement area as defined under this Act, the Collector is entrusted with the duty to ensure
the provision of all infrastructural facilities and basic minimum amenities.

Powers of the Collector

1. Power to make corrections to awards

Under Sec.33(1) the Collector is empowered to correct any clerical or arithmetical mistakes in either
of the awards or errors either on his own motion or on the application of any person interested or local
Authority

Case law

Once the award is passed, there is no question of any correction in the notification under Sec.4(1)
(Sec.11 in RFCTLARR Act, 2013) or declaration under Sec.6 of the Act. The Act under
Sec.13A(Sec.33 in RFCTLARR Act, 2013) provides for correction of clerical mistakes in the award
and that too only within six months. There is no question of an award being passed in respect of a
property, for which there is no notification and consequently declaration – State of UP Vs. Abdul Ali,
(2017) 3 SCC 108

The Collector should not take possession of any building or part of a building without giving to the
occupier at least forty-eight hours notice of his intention to do so, a longer notice to enable such
occupier to remove his movable property from such building without unnecessary inconvenience.

Before taking possession of any land under this provision the Collector should tender payment of
8(eight) per cent of the compensation for such land as estimated by him to the person interested
entitled.

In the case of any land to which is to be acquired as aforesaid the appropriate Government may direct
that any or all of the provisions as to determination of social impact and public purpose and procedure
and manner of Rehabilitation and Resettlement will not apply and if it does so a declaration may be
made in respect of such land at any time after the date of the publication of the preliminary
notification.

Awards of Collector when to be final

Once when the Collector makes an award it will be conclusive evidence, as between the Collector and
the persons interested as to the:

1. a) true area of the land

2. b) marketvalueoftheland
3. c) assets attached thereto
 4. d) solatium
5. e) apportionment of the compensation among the interested persons.

After the award has been made the Collector should give immediate notice of his awards to

such of the persons interested who are not present personally or through their representatives

when the awards are made.

Besides the Collector is required to keep open to the public and display a summary of the entire
proceedings undertaken in a case of acquisition of land including the amount of compensation
awarded to each individual along with details of the land finally acquired on the website created for
this purpose.

10) Discuss the provisions relating to apportionment of payment of

compensation?
Apportionment of Compensation

Sec 75 - Particulars of apportionment to be specified

When there are several persons interested, if such persons agree in the apportionment of the
compensation, the particulars of such apportionment should be specified in the award, and as between
such persons the award will be conclusive evidence of the correctness of the apportionment.

Case law

The expression ‘as between such persons’ will not bind persons who are not before the Collector or
the Court making the award – Hurmutjan Bibi Vs. Padma Lochun Das, ILR 12

Sec 76 - Dispute as to apportionment

When the amount of compensation has been settled, if any dispute arises as to the apportionment of
the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the
Collector may refer such disputes to the Authority.

Dr.G.H. Grant Vs. State of Bihar AIR 1966 SC 237

The Collector is not authorised to decide finally the conflicting rights of the persons interested in the
amount of compensation, he is primarily concerned with the acquisition of the land

Payment of Compensation

Payment of compensation or deposit of same in Authority (Sec.77)

On making an award the Collector should tender payment of the compensation awarded by

him to the persons interested and should pay it to them by depositing the amount in their bank
accounts unless prevented by someone or some contingencies like:

i. If the person entitled to compensation has not consented to receive it or

ii. Iftherebenopersoncompetenttoalienatethelandor

iii. If there be any dispute as to the title to receive the compensation or as to the apportionment of it.

It is well settled that if the entitlement as well as the liability are prescribed by law and the procedure,
mode and manner for working out the same are also prescribed, then the statutory authority can act
only in the manner so provided by the statute - Govardhandhari Devasthan, Kopargaon Vs.
Collector of Ahmednagar, 1982 Mah.L.J. 390

Payment of interest

When the amount of such compensation is not paid or deposited on or before taking possession of the
land, the Collector should pay the amount awarded with interest at the rate of 9% per annum from the
time of so taking possession until it should have been so paid or deposited.

If such compensation is not paid or deposited within a period of one year from the date on which
possession is taken, interest at the rate of 15% per annum should be paid from the date or expiry of the
said period on the amount of compensation which has not been paid or deposited before the date of
such expiry.

11) SN – appeal against award of authority

Procedure of appeal

Appeals from original orders (First Appeal)

An appeal lies from every original order passed under this Act or the rules made thereunder –

(a) if such an order is passed by a Revenue Officer subordinate to the Assistant Commissioner,
whether or not invested or delegated with the powers of the Assistant Commissioner or the Deputy
Commissioner to the Assistant Commissioner

(b) if such an order is passed by the Assistant Commissioner whether or not invested with the powers
of the Deputy Commissioner, to the Deputy Commissioner;

(c) if such an order is passed by the Deputy Commissioner, to the Tribunal;

(d) if such an order is passed by the Regional Commissioner, to the Tribunal.

(e) if such an order is passed by a Survey Officer below the rank of an Assistant Director of Land
Records or Assistant Director for Settlement, to the Assistant Director of Land Records or Assistant
Director for Settlement, as the case may be;

(f) if such an order is passed by a Survey Officer of the rank of an 1 Assistant Director of Land
Records or Assistant Director for Settlement, to the Joint Director of Land Records or Joint Director
for Settlement, as the case may be;

(g) if such an order is passed by the Joint Director of Land Records or Joint Director for Settlement, to
the Director of Survey, Settlement and Land Records;

(h) if such an order is passed by the Director of Survey, Settlement and Land Records, to the Tribunal.

In Hole Honnur Mandal Panchayat Vs. KAT, 1989 (1) Karnataka LJ 132, instead of approaching
the Assistant Commissioner in appeal, the 5th Respondent preferred an appeal directly to the Deputy
Commissioner against the order of the Tahsildar and the Deputy Commissioner held that the appeal
lies only to the Assistant Commissioner and not to the Deputy Commissioner

econd appeal

Sec.50 provides for a second appeal shall against any order passed in a first appeal under section 49 in
the following manner:

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(a) if such an order is passed by the Assistant Commissioner, to the Deputy Commissioner;

(b) (b) if such an order is passed by the Deputy Commissioner, to the Tribunal;

(b1) if such an order is passed by the Assistant Director for Settlement or the Assistant Director of
Land Records, to the Director of Survey, Settlement and Land Records;

(c) if such an order is passed by the [Joint Director of Land Records or Joint Director for Settlement]
or by the [Director of Survey] , Settlement and Land Records to the Tribunal.
An order passed on second appeal will be final and no further appeal lies.

Limitation period for appeals

No appeal can be made in the following instances:

(a) in the case of a first appeal, after the expiry of sixty days from the date of the order appealed
against; and

(b) in the case of a second appeal, after the expiry of ninety days from the date of the order appealed
against.

12) Offences and Penalties under LARR act 2013

Read Bare act and construct answer, overall for LARR 2013, read bare act
and compare the answers

UNIT III

1) Discuss the salient features of Karnataka land revenue act 1964?

Introduction

The Karnataka Land Revenue Act, 1964 is a state law in Karnataka, India,
that regulates the revenue administration of the state. Its objective is to
provide a comprehensive framework for the assessment and collection of
land revenue, the maintenance of records of rights, and the settlement of
land.

The act provides for the definition of key terms, the assessment of land
revenue, the maintenance of records of rights, the survey and settlement of
land, the classification of land, the collection of land revenue, the powers of
the Revenue Officer, the right of appeal and revision, and the imposition of
penalties for non-compliance with its provisions.
The act aims to ensure the efficient and fair administration of the revenue
system in Karnataka and to provide clarity and certainty in the management
of land and revenue.

Features of the Act

1. Definition of terms

The act defines key terms such as

"land" includes benefits to arise out of land, and things attached to the earth,
or permanently fastened to anything attached to the earth, and also shares
in, or charges on, the revenue or rent of villages or other defined areas.

"Land revenue" means all sums and payments in money or in kind claimable
by the Government from any person on account of land held by him and
includes any tax, cess, rate, other impost payable under any law.

2. Assessment of land revenue

The act provides for the assessment of land revenue, including the
determination of the rate of assessment and the time and manner of
payment.

3. Records of rights

The act requires the maintenance of a record of rights for each survey
number, which contains information about the owner and occupier of the
land, the area and boundaries of the land, and any encumbrances or
restrictions on the use of the land.

4. Survey and settlement

The act provides for the survey and settlement of land, including the
determination of the boundaries and area of each survey number and the
preparation of maps and plans.

5. Classification of land

The act provides for the classification of land into different categories such as
wet, dry, garden, and plantation land, for the purpose of assessment.

"dry land" means land in which wet crops cannot be grown except when
irrigated by water obtained from any source of water which is the property of
the State Government;
"wet land" means land in which wet crops can be grown by use of rain water
or water obtained from any source of water which is not the property of the
State Government;
"garden land" means land in which garden crops other than plantation crops
can be grown, and shall consist of dry garden land and wet garden land;
"plantation land" means land in which a plantation crop, that is, cardamom,
coffee, pepper, rubber or tea, can be grown.
6. Collection of land revenue

The act provides for the collection of land revenue, including the enforcement
of payment and the recovery of arrears.

7. Powers of the Revenue Officer

The act confers powers on the Revenue Officer, such as

the power to assess and collect land revenue,

power to transfer cases
the power to enter and inspect land,
the power to make inquiries and investigations.

8. Appeal and revision

The act provides for a right of appeal within sixty days in case of first appeal
and ninety days in case of second appeal; and revision, allowing individuals
to challenge decisions of the Revenue Officer.

9. Penalties

The act provides for penalties for non-compliance with its provisions,
including fines and imprisonment.

Case Laws

Ramachandra vs. State of Karnataka (2006): The Karnataka High Court

in this case held that the provisions of the act are applicable to all lands,
including those held by individuals, corporations, and government agencies,
and that the Revenue Officer has the power to assess and collect land
revenue from such lands.
Conclusion

In conclusion, the Karnataka Land Revenue Act, 1964 is a comprehensive

piece of legislation that regulates the revenue administration of the state of
Karnataka, India. The act provides for the assessment and collection of land
revenue, the maintenance of records of rights, and the settlement of land. It
also confers powers on the Revenue Officer and provides for a right of appeal
and revision, as well as penalties for non-compliance with its provisions.
2) Explain the constitution and powers of revenue officers under Karnataka
land revenue act 1964?

Synopsis of Topic

Revenue Officers
o Regional Commissioner (Sec.7)

o Deputy Commissioner (Sec.8)

o Special Deputy Commissioner (Sec.9) o Assistant Commissioner (Sec.10)
o Tahsildars (Sec.11)
o Special Tahsildars (Sec.12)
o Revenue Inspectors (Sec.15)
o Village Accountant (Sec.16)
o Survey Officers (Sec.18)
o Other officers

Powers and Procedure of Revenue Officers o

Power to transfer cases Power to give summons

Power to enter upon land

Power of eviction
Summons & Notices
Modes of Inquiry
Formal inquiry:
Hearings

1. Regional Commissioner(Sec.7)

The State is divided into several regions. Such regions are headed by a Regional Commissioner. The
State Govt. is empowered to appoint the Regional Commissioner for each region who is the Chief
Revenue Officer in the region and exercises powers of superintendence and control within the region
over all officers subordinate to him.

2. Deputy Commissioner(Sec.8)

The Deputy Commissioner is appointed by the St. Govt. to administer the district. The Deputy
Commissioner is subordinate to the Regional Commissioner. The Deputy Commissioner acts
according to the instructions of the State Govt. in those matters which are not specially provided for
by law and he has to exercise all the powers and discharge duties conferred and imposed on him under
the Act or any other law. In addition to this the Deputy Commissioner is also empowered to exercise
the powers and duties of the Assistant Commissioner.

3. Special Deputy Commissioner(Sec.9)

The State Govt. is empowered to appoint Special Deputy Commissioner if it feels expedient to do so
for the required period of time in addition to the Deputy Commissioner. The Special Deputy
Commissioner is subordinate to the Regional Commissioner or Deputy Commissioner depending
upon the matters as specified by the State Govt. With the directions of the State Govt. the Special
Deputy Commissioner exercises those powers and duties which are exercised and performed by the
Deputy Commissioner either in a part or whole of District.

4. Assistant Commissioner(Sec.10)

The State Govt. appoints an Assistant Commissioner to be in-charge of one or more taluks called a
Revenue Sub-division and he will be exercising and performing duties conferred on him under the Act
or any other Law and also the powers and duties of the Deputy Commissioner under the Act.

5. Tahsildars(Sec.11)

The Tahsildar is the chief officer entrusted with the land revenue administration of the Taluk. The
Tahsildar is subordinate to the Assistant Commissioner in-charge of the Taluk and where there is not
such Assistant Commissioner to the Deputy Commissioner of the District. The Tahsildar exercises
and performs all the powers and duties conferred under the Act or any other law or as instructed by
the Deputy Commissioner. The Tahsildar also has the power to depute any of his subordinates to
perform any portion of his ministerial duties.
6. Special Tahsildars(Sec.12)

The Special Tahsildar is appointed for the Taluk in addition to the Tahsildar and exercises and
performs those of the Tahsildar in the Taluk under the Act and any other law as the State Govt.
directs. The Special Tahsildar also has the power to depute any of his subordinates to perform any
portion of his ministerial duties. The Special Tahsildar is subordinate to the Tahsildar (in certain
matters as specified by the State Govt.) and also to the Assistant Commissioner and where there is no
such Assistant Commissioner to the Deputy Commissioner of the District. The Special Tahsildar also
has the power to depute any of his subordinates to perform any portion of his ministerial duties.

7. Revenue Inspectors(Sec.15)

The Deputy Commissioner appoints the Revenue Inspector for a Circle of a Taluk subject to the
general orders of the Regional Commissioner and State Govt. The Revenue Inspector performs all the
duties prescribed under the Act or any other law.

8. Village Accountant(Sec.16)

The Deputy Commissioner appoints the Village Accountant for a village or group of villages subject
to the general orders of the Regional Commissioner and the State Govt. The Village Accountant
performs all the duties as prescribed under the Act or any other law.

The Village Accountant has the responsibility of keeping the registers, accounts and other records and
also to prepare all records connected with the affairs of the village, which are required either for the
use of the Central or the State Government or the public such as public notices, reports, mahazars and
depositions.

9. Survey Officers(Sec.18)

For the purposes of survey, assessments and settlements of land of land revenue and settlements of
boundaries and connected matters provided for in the Act the Govt. is empowered to appoint survey
officers like Director of Survey Settlement and Land Records, Joint Director of Land Records, Joint
Director of Settlement, Assistant Director for Settlement, Assistant Director of Land Records
Settlement Officers, and Assistant Settlement Officers.

The said officers have the powers to take cognizance of all matters connected with survey and
settlement and they also have such powers and perform such duties as may be prescribed by or under
the Act or any other law.

10. Other officers

The State Govt. is empowered to appoint such other officers and invest with such powers as may be
necessary to give effect to the provisions of the Act.

Powers and Procedure of Revenue Officers

1. Power to transfer cases

The Regional Commissioner has the power to transfer any case of class of cases arising under the Act
from any revenue officer to any other revenue officer competent to deal with it in the same District or
any other District in the same region if an application is made to him and also if he opines that it is
expedient to do so for the purposes of the ends of justice.
Similarly the Deputy Commissioner has the power to transfer any case or class of cases arising under
the Act for the sake of inquiry or decision from his own file or from the file of any other Revenue
Officer subordinate to him to any other Revenue Officer subordinate to him and who is competent to
deal with it.

2. Power to give summons

Every Revenue Officer not below the rank of the Tahsildar has the power to take evidence on oath
and to summon any person whose attendance he considers necessary either to be examined as a party
or to give evidence as a witness or to produce documents for the purpose of any inquiry such officer is
empowered to conduct and the summoned person is bound to attend either in person or by an
authorised agent.

If any person fails to comply with the summons to attend as witness or to produce any document, the
officer is empowered to issue a bailable warrant of arrest; order him to furnish security for appearance
or impose fine upon him a fine not exceeding twenty rupees.

In case if the person whose evidence is required is unable to personally appear due to sickness or
infirmity the officer either of his own motion or on the application of such party can exempt him from
personal appearance.

3. Power to enter upon land

Any Revenue Officer and his servants and workmen while under his observation and control have the
power to enter any land or premises belonging to the State Govt. or to any other person for the
purposes of measurement, fixing or inspecting boundaries, classification of soil or assessment or for
any other purpose connected with the lawful exercise of his office under the Act or any other law
relating to land revenue

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But to enter any building used as a dwelling house or upon any enclosed Court or garden attached to a
dwelling house, the consent of the occupier must be obtained by giving 7 days prior notice.

4. Power of eviction

The Deputy Commissioner has the power to evict any person who is wrongfully in possession of land
or where any order to deliver possession of land has been passed against any person under the Act by
serving notice on the person.

Summons & Notices

Every notice under the Act is to be served by tendering or delivering a copy thereof to the person on
whom it has to be served or his agent or by affixing a copy to some conspicuous place on the land if
any to which such notice refers.

If the person on whom the notice is to be served resides in any other District the notice may be sent by
post to the Deputy Commissioner of that District and he shall be responsible to cause it to be served.

Formal inquiry:

In this type of inquiry to determine any question under KLR Act, 1964 or any other law the officer
himself or somebody in his presence and hearing and under his personal superintendence and
direction (in case if such officer is under any disability) should take down evidence either in Kannada
or English or any other language as may be prescribed by the State Govt. for use in the District. Such
evidence must be signed by the officer conducting the inquiry.

Hearings:

Every hearing whether in a formal or summary enquiry shall be in public and the parties or their
recognised agents should be given due notice to attend. The order passed after hearing should be
signed and pronounced in open Court on the day which has been notified to the parties or their
recognised agents.

3) Explain the constitution and powers of Karnataka revenue appellate

tribunal?

Synopsis of Topic

Constitution
Powers of the Tribunal

o Powers of review(Sec.44)
o Powers to call for returns(Sec.46) o Power to make regulations (Sec.48) o
Power of revision (Sec.56)

Karnataka Revenue Appellate Tribunal

Sec. 40(1) of the KLR Act, 1964 says that the State Govt. has the power to
constitute an appellate tribunal called Karnataka Revenue Appellate Tribunal
for the State of Karnataka.

Constitution
The Tribunal shall consist of the following six members appointed by the
State Govt. viz.,

1. A Chairman who shall be an officer of the rank of Regional Commissioner

2. Five members, three of whom shall be persons who are District Judges
and the others shall be officers having experience in administration of
revenue matters not below the rank of a Deputy Commissioner

The strength of the Tribunal can be increased by the Govt. by way of

notification if there is an increase in the business of the Tribunal

The powers of the Tribunal shall be exercised by a bench of two members of

which one shall be a District Judge and another shall be an officer having
experience in administration of revenue matters.

The Chairman may constitute a Full bench of 3 members if he so thinks fit

Notwithstanding these rules of bench constitution a single member of the

Tribunal

Powers of the Tribunal

The Tribunal shall exercise such powers of appeal, reference or revision as

vested by or under the Act or any other law

The State Govt. may confer on the Tribunal any appellate or revisional power
or function and the Tribunal shall discharge such functions so conferred

1. Powers of review(Sec.44)

The Tribunal has the power to review any order passed by itself either on its
own motion(suo moto) or on the application of any affected party and pass
suitable orders

But such power can be exercised only when the Tribunal is satisfied that
there has been:

 - discovery of new and important matter or evidence was not in the

knowledge of the party or could not have been produced by him at the
time of passing the order or
 - there has been some mistake or error apparent on the face of the
record or
 - there has been any other sufficient reason

2. Powers to call for returns(Sec.46)

‘returns’ means an official report or statement submitted in response

to a formal demand
 This power implies the power of superintendence of the Tribunal over
the authorities which are subordinate to it.

In regards to its appellate and revisional jurisdiction the Tribunal may

call for returns from and also issue general directions to the authorities
subordinated to it and prescribe forms for regulating the practice and
proceedings of such authorities.

But such directions and forms should not be inconsistent with the
provisions of any law presently in force.

3. Power to make regulations (Sec.48)

Sec.48 confers on the Tribunal the power to make regulations and rules
thereunder regarding: i. Its own practice and procedure and
ii. Thedisposalofitsbusiness
iii. Costs incidental to any of its proceedings

But such regulations must be:

i. Consistent with the Act and rules
ii. MadeafterobtainingprevioussanctionfromtheGovt.& iii. Published in the
official gazette

4. Power of revision (Sec.56)

Sec.56 confers on the Tribunal (and also on other Revenue Officers) the
power to call for and examine a record of any inquiry or the proceedings of
any subordinate officer for the purpose of satisfying itself as to the legality or
propriety of the proceedings of such officer.

Hence if it appears to the Tribunal that any decision or order or proceedings

of any subordinate officer should be modified, annulled or reversed it can do
so by giving notice on the interested parties and after giving an opportunity
of being heard.
4) what is a record of right? Explain the provisions regrading record of right
under KLR act 1964?

Overview

Record of rights is a record containing various revenue documents and registers in which details of
land holdings, particulars of the holder, the land revenue payable, survey number concerned and type
of soil, trees that are existing on the land etc.

This record is popularly known as RTC (Record of Rights & Tenancy Certificate) or ‘pahani’ which
terms have become part of the legal jargon.

What a record of rights contains? Normally, a record of rights contains the following:

1. The names of persons who are holders, occupants, owners, mortgagees, landlords or tenants
of the land or assignees of the rent or revenue thereof
2. The nature and extent of the respective interest of such persons and the conditions or
liabilities (if any) attaching thereto.
3. The Rent or revenue (if any) payable by or to any of such persons.
4. Such other particulars as maybe prescribed.
What the Law says about Record of Rights

The entries in Record of rights have a presumptive value unless they are rebutted by the other side.

Entries in record of rights usually reflect possession and not ownership of land. But unless the
possession is legal a person is not entitled to have his name entered in the record of rights (Baburao
Adrashappa Birade Vs. Mallappa Chennappa Birade & Anr. 1967(1) Mys. LJ 261 (DB)). The apex
Court however has ruled that the entries made in the register of mutations are not admissible in
evidence (Major Pakhar Singh Atwad & Ors. Vs. State of Punjab & Ors. AIR 1995 SC 2125 LACC
244 SC).

Stages of Record of Rights

Rule 38 of the Karnataka Land Revenue Rules, 1966 envisages the various stages of record of rights

Stages of Record of Rights

The record of rights work in any area should ordinarily be divided into the following four stages
namely:

1. a) First Stage – the preparation of the Preliminary Records including:

1. i) Check and verification;
2. ii) Decision of disputes; and
3. iii) Enquiry into and disposal of appeals
2. b) Second Stage – the measurement, mapping and apportionment of assessment of sub-
divisions;
3. c) Third Stage – the preparation of the final Record of Rights; and
4. d) FourthStage–thesubsequentmaintenanceoftheRecordofRightsincluding:
1. i) Recording of mutations;
2. ii) Check and certification of entries in the Mutation Register;
3. iii) Decision of disputes;
4. iv) Enquiry into and disposal of appeals;
5. v) Measurement of new hissas and incorporation of the results of survey in the
Record of Rights

The First and the Fourth stages of Record of Rights work should be attended to by the Revenue
Department and the Second and the Third Stages of the said work should be attended to by the
Department of Land Records.
5) All lands are liable to pay revenue unless they are exempted

Scope of land revenue

Sec.80 clarifies that all land whether agricultural or non-agricultural is liable to pay land revenue to
the State Govt. unless specially exempted under the provisions of any special contract with the Govt.
or any provision of the Act. However by way of notification or order the Govt. may exempt either
prospectively or retrospectively any class of lands or any part thereof from payment of land revenue.
But the reasons for such exemption should be recorded.

Sec. 81 contemplates three types of land viz., alluvial lands, newly formed islands, abandoned river-
beds and states that these land types are subject to pay land revenue as far as the holding of such lands
by any person is upto one acres. Where such type of land is beyond one acre then it shall be at the
disposal of the Deputy Commissioner.

Manner of assessment, commutation of non-agricultural assessment and prohibition of use of land for
certain purposes
Land revenue leviable on any land, should be assessed with reference to the use of the land for the
purpose of agriculture.

Sec. 83(2) states that land used for non-agri purposes if used for agriculture is liable to land revenue.
That is to say land used for any other purpose other than agriculture if used for agricultural purpose
will be treated on par with agricultural lands and hence subject to payment of land revenue.

Land revenue leviable on any land and assessed with reference to the use of that land (a) for purpose
of dwelling houses;
(b) for industrial or commercial purposes; or
(c) for any other non-agricultural purpose,

should continue to be levied at such rate at which it was levied unless such assessment is commuted

In respect of any land used for any purpose other than agriculture, assessment payable annually was
leviable or has been levied such assessment may be commuted by payment to the State Government
of an amount equal to five times the amount of such annual assessment, and on such commutation
such land shall be exempt from such annual assessment.

Case Law: State of Karnataka Vs. Shankara Textiles Mills Ltd. 1995 AIR 234
The Supreme Court held that to become a non-agricultural land permission u/Sec.95 of the

KLR Act, 1964 is mandatory.

The rights over these type of land vests with the St. Govt.

But the holder or such alluvial land is entitled to the temporary use of such land if its upto one acre in
size .Beyond the one acre of land such land will be at the disposal of the Deputy Commissioner

Case law

The land owner did not pay non-agricultural assessment in respect of certain lands and they were
forfeited to the Govt. the owner entered into an agreement of sale with the Plaintiff in which it was
stated that the vendee should pay certain amount to the Govt. and the balance to the owner at the time
of registration. The Plaintiff (Vendee) had paid only an advance amount but did not make any
payment to the Govt. the owner of the land expired and left a Will in favour of the Defendant and
subsequently on deposit of the arrears the lands were restored to the successor of the owner. The
Plaintiff sought for specific release of Agreement of Sale. It was contended that the lands were
restored and it was free from encumbrances and therefore the obligation of the original owner under
the agreement of sale was extinguished. It was held that subsection 3 providing for restoration of
lands forfeited makes it clear that vesting free from encumbrances will not be there when the land is
restored to the defaulter as in the case of the disposal of the land by sale or otherwise to others by the
Govt.. – Ganapatsa Govindsa Vs. Ningappa Ramappa, 1980(1) Kar.L.J 89 (DB)
6) Discuss the law of conversion of land from agri to NA under KLRA, 1964?

The conversion of agricultural land to non-agricultural use in Karnataka is primarily

governed by the Karnataka Land Revenue Act, 1964 (formerly known as the Karnataka Land
Revenue Act, 1961). This Act provides the legal framework and procedures for land use
conversions, ensuring that such changes are regulated to maintain agricultural productivity,
protect the environment, and promote sustainable development. Here are some relevant
sections of the Karnataka Land Revenue Act, 1964 that pertain to the conversion of
agricultural land:

Section 95 - Definitions:

This section defines various terms used in the Act, including "agricultural land" and "non-
agricultural purpose". It lays the foundation for understanding the scope and applicability of
land use conversions under the Act.
Section 95A - Conversion of Land for Non-agricultural Purposes:

This section specifically deals with the conversion of agricultural land for non-agricultural
purposes. It outlines the conditions under which such conversions can be permitted, the
procedures to be followed, and the authorities responsible for granting approvals.

Procedure for Conversion:

The procedure for converting agricultural land to non-agricultural use typically involves
several steps, ensuring compliance with legal requirements and obtaining necessary
approvals:

1. Application Submission:
o The landowner or developer interested in converting agricultural land must
submit an application to the concerned authorities. The application typically
includes details such as survey numbers, area of land to be converted,
proposed land use after conversion, and reasons for conversion.
2. Verification and Scrutiny:
o Upon receiving the application, the authorities conduct a verification process
to ensure that the land meets the criteria for conversion as per the Karnataka
Land Reforms Act. This includes checking whether the land is classified as
agricultural under existing records.
3. Site Inspection and Report:
o A site inspection is often conducted to assess the current land use, soil quality,
environmental impact, and proximity to existing infrastructure. A report based
on these findings is prepared by the concerned officials.
4. Public Notice and Objections:
o A public notice is issued regarding the proposed land use change, inviting
objections or feedback from stakeholders, including local residents, farmers,
and other interested parties. Objections, if any, are reviewed and considered by
the authorities.
5. Decision and Approval:
o Based on the application, verification, site inspection report, and public
feedback, the authorities make a decision regarding the conversion request. If
the proposal meets all legal requirements and planning regulations, approval
may be granted for the conversion.
6. Payment of Conversion Fee:
o Upon approval, the landowner is required to pay a conversion fee as stipulated
by the authorities. This fee varies depending on factors such as the location,
size of the land, and proposed non-agricultural use.
7. Registration and Documentation:
o Once the conversion fee is paid, the landowner completes the necessary
documentation and registers the change in land use with the local land records
office. This step finalizes the legal conversion of agricultural land to non-
agricultural use.

 Mallikarjun vs. State of Karnataka (2015):

 This Karnataka High Court case dealt with the legality of the conversion of
agricultural land for commercial purposes. The Court reiterated that conversions must
 be in line with the statutory framework and that authorities must ensure that such
conversions do not adversely impact agricultural productivity or violate
environmental norms.

 Sri C. Jayaramaiah vs. State of Karnataka (2018):

 In this case, the Karnataka High Court considered the issue of unauthorized
conversions of agricultural land. The Court emphasized the role of authorities in
preventing unauthorized conversions and enforcing penalties for violations. It
underscored the importance of strict compliance with legal procedures to prevent
misuse of agricultural land.

7) SN Patta book

n Karnataka, the Patta book holds significant importance as a legal document that establishes
ownership and rights over land. Issued by the state's revenue department, the Patta serves as a
crucial proof of ownership and is essential for various transactions, legal proceedings, and
administrative purposes concerning land. This essay delves into the significance, contents,
issuance process, and importance of the Patta book in Karnataka's land revenue context.

Firstly, the Patta book, also known as 'Record of Rights' (RoR) or 'RTC' (Record of Tenancy
and Crops), is issued to individuals or entities who own land in Karnataka. It contains vital
information such as the survey number, extent of land, classification of land (whether
agricultural, residential, commercial, etc.), details of the owner or lessee, and any rights,
encumbrances, or liabilities associated with the land.

The issuance process typically involves the landowner applying to the local revenue
authorities, usually the Tahsildar or Revenue Inspector, with necessary documents such as
proof of ownership, previous Patta details (if any), survey sketches, and identity proofs. After
verifying these documents and conducting necessary surveys if required, the revenue
authorities issue the Patta book in the name of the landowner.
The Patta book plays a crucial role in various aspects:

1. Proof of Ownership: It serves as the primary legal document proving ownership of

land. For landowners, possessing a Patta book is essential to assert their rights over
the land in legal disputes or property transactions.
2. Administrative Purposes: Government agencies and local bodies often require the
Patta book for issuing permits, utilities connections (like water and electricity), and
other administrative purposes.
3. Transactions: When selling or buying land, the Patta book is crucial for verifying
ownership and ensuring that the transaction is legally valid. Buyers typically insist on
seeing the Patta book to confirm the seller's right to transfer ownership.
4. Loans and Mortgages: Financial institutions may require the Patta book as collateral
when providing loans against the land. It assures lenders of the property's ownership
and value.
5. Legal Disputes: In cases of land disputes or inheritance claims, the Patta book acts as
evidence to establish the rightful owner. It helps in resolving disputes related to
boundaries, encroachments, or illegal occupations.
6. Revenue Collection: The information recorded in the Patta book aids revenue
authorities in assessing and collecting property taxes or land revenue from
landowners.

In Karnataka, the Patta book system ensures transparency and accountability in land
ownership. It helps in maintaining land records accurately and updating them periodically to
reflect changes such as subdivisions, amalgamations, or mutations. The state government
continuously strives to digitize land records and make them accessible online through portals
like Bhoomi, enhancing convenience for landowners and reducing the scope for fraud or
disputes.

In conclusion, the Patta book in Karnataka is not just a legal document but a cornerstone of
land administration and management. Its issuance and maintenance uphold the rights of
landowners, facilitate economic activities related to land, and contribute to overall
governance and development efforts in the state. Understanding its significance underscores
the importance of adhering to proper procedures and safeguarding land records for present
and future generations.
 UNIT IV

1) Discuss the features of Karnataka sc st (prohibition of transfer of

certain lands act )

Karnataka SC & ST (Prohibition of Transfer of Certain Lands) Act

Object:

The Act aims to provide for the prohibition of transfer of and for restoration of certain lands granted
by government to persons belonging to the Scheduled Castes and Scheduled Tribes in the State of
Karnataka.

Prohibition of transfer of granted lands

Transfer of granted land made either before or after the commencement of this Act, in contravention
of the terms of the grant of such land or the law providing for such grant will be null and void and no
right, title or interest in such land will be conveyed or be deemed ever to have conveyed by such
transfer. Any person should not transfer or acquire by transfer any granted land without the previous
permission of the Government.

Case law

The alienations referred to Section 4 can only be construed as alienations made by the grantees in
favour of individual person/persons only and has no application to transfer of granted lands in favour
of the Government, the Central Government, a Local Authority or a Bank which are excluded from
the purview of the Act In the light of this principle of interpretation and in the context of the
provisions of the SC/ST Act, prohibiting alienation of granted lands, and having' regard to Section 7
in particular, the person alienee 'should be' understood only as a natural person and none else -
B.Shivappa Vs. State Of Karnataka

SALIENT FEATURES

1. Prohibition of Transfer: The primary objective of the Act is to prohibit the transfer
of land owned by Scheduled Castes or Scheduled Tribes to non-SC/ST individuals or
communities.
2. Protection of Ownership: It ensures that land held by SCs and STs cannot be
transferred to persons who do not belong to these communities. This protects their
ownership rights from being transferred out of their community.
3. Exceptions: The Act may allow transfers under certain circumstances or conditions
specified by the government or local authorities. These exceptions typically include
transfers for public purposes or for the benefit of SCs/STs themselves.
4. Penalties: There are penalties prescribed for violations of the Act, such as
unauthorized transfers or attempts to circumvent the provisions meant to protect
SC/ST land ownership.
5. Safeguards: It includes provisions for the enforcement of the Act through
administrative measures and legal remedies available to aggrieved SCs and STs
whose land rights have been violated.
6. Implementation: The Act is implemented through a framework that involves local
authorities, revenue departments, and other relevant bodies to ensure compliance and
enforcement.
7. Land Use Restrictions: The Act may also impose restrictions on the use of land
transferred to SCs and STs to prevent its misuse or exploitation, ensuring it remains
within the intended protective framework.

These features collectively aim to safeguard the land rights of Scheduled Castes and
Scheduled Tribes in Karnataka, preventing the exploitation or loss of their ancestral lands to
others outside their communities.

The object of the Act is in keeping pace with the provisions of Articles 38 and 46 of the Constitution.
Article 46 directs the State shall promote with special care the educational and economic interests of
the weaker sections of the peoples and in particular of scheduled castes and scheduled tribes and shall
protect them from social injustice and all forms of exploitation
2) what are the main aims and objectives of the Karnataka land reforms act 1961? What are the recent
amendments ?

The Karnataka Land Reforms Act, 1961, is a significant piece of legislation aimed at
implementing agrarian reforms in the state of Karnataka, India. It was enacted to address
issues related to tenancy, ceiling on land holdings, distribution of surplus land, and
providing land to the tillers. Here are the main features of the Karnataka Land Reforms
Act, 1961:

### 1. **Tenancy Reforms:**

- **Protection of Tenants:** The Act provides protection to tenants from arbitrary eviction
and ensures that tenants have security of tenure.
- **Ownership Rights:** Tenants who were cultivating the land as of March 1, 1974, were
given the right to purchase the land they tilled. This provision aimed to convert tenants
into owners.
- **Fair Rent:** The Act prescribes the rent payable by tenants, ensuring it is fair and does
not exceed a certain percentage of the gross produce or market value of the land.

### 2. **Ceiling on Land Holdings:**

- **Limits on Land Ownership:** The Act imposes a ceiling on the amount of land that an
individual or family can own. This is to prevent the concentration of land in the hands of a
few.
- **Redistribution of Surplus Land:** Land held in excess of the ceiling limit is declared
surplus and is redistributed to landless laborers and small farmers.

### 3. **Abolition of Intermediaries:**

- The Act abolishes intermediaries such as inams, jagirs, and other forms of landlordism.
This means that the ownership of the land is transferred directly to the tillers of the soil,
thereby removing any middlemen.

### 4. **Consolidation of Holdings:**

- The Act encourages the consolidation of fragmented landholdings. This is intended to
improve agricultural efficiency and productivity by reducing the issues arising from
fragmented and uneconomical plots of land.

### 5. **Prohibition of Alienation of Agricultural Land:**

- There are restrictions on the transfer of agricultural land to non-agriculturists. The aim is
to ensure that agricultural land remains in the hands of those who will actively cultivate it,
thereby preventing its diversion to non-agricultural uses.

### 6. **Tribunals and Authorities:**

- **Land Tribunals:** The Act provides for the establishment of Land Tribunals to resolve
disputes related to tenancy, land ownership, and other matters covered under the Act.
These tribunals are vested with judicial powers to ensure the effective implementation of
the Act.
- **Appellate Authorities:** Provisions for appeals against the decisions of the Land
Tribunals are also included, ensuring a mechanism for redressal.

### 7. **Rights of Agricultural Laborers:**

- The Act includes provisions to safeguard the interests of agricultural laborers, ensuring
fair wages and working conditions.

### 8. **Provision for Cooperative Farming:**

- The Act encourages the formation of cooperative farming societies, aiming to enhance
agricultural productivity and provide a cooperative structure for small and marginal
farmers.

### 9. **Regulation of Agricultural Leases:**

- The Act regulates the terms and conditions of agricultural leases to protect the interests
of both landlords and tenants, promoting a fair and just leasing system.

### 10. **Provisions for Financial Assistance:**

- The Act includes provisions for financial assistance to small and marginal farmers for the
purchase of land and for agricultural improvements, aimed at supporting agrarian
development and sustainability.

The salient features of the Karnataka Land Reforms Act, before the amendment,
were:
 Section 63 of the Act focused on the ceiling imposed on landholding
 Section 79A of the Act imposed restrictions prohibiting non-agriculturists
from the acquisition of land. Firms and individuals from a non-agricultural
or non-farming background, earning income more than 25 lakhs in INR,
are not allowed to purchase any agricultural land in Karnataka
  Section 79B of the Act stated persons or firms related to farming or
agriculturists can purchase, hold and own agricultural lands
 Section 79C of the Act defined the penalty to be imposed for falsely
claiming ownership of agricultural land. Violating Sections 79A and 79B
allowed the revenue department to investigate and impose actions
 Section 80 of the Act barred the transfer of land to non-agriculturists

The Key Amendments To The Karnataka Land

Reforms Act In 2020
Let us now discuss the key amendments to the Act, that has facilitated the
removal of certain restrictions on purchasing and owning agricultural land
 Amendment To Section 63 Of The Act
The ceiling on holding and acquisition of agricultural land has been increased
from 10 units to 20 units. This threshold is applicable for a person who is not a
family member or who does not have a family or for families with 4 members.
For a family with more than 5 members, the ceiling has an additional 4 units
allotted for each member, but not to exceed 40 units. 1 unit of land is equivalent
to 5.4 acres.
 Sections 79A, 79B, And 79C Of The Act Repealed
The repealing of the sections is the most significant amendment of the
Karnataka Land Reforms Act. The restrictions of acquiring and owning
agricultural lands specifically by firms or individuals related to farming have
been lifted off. Hence non-agriculturists with an income of more than INR 25
lakhs can now buy and own agricultural land in Karnataka.
 Amendment Of Sections 80 And 81 Of The Act
The restriction on the sale of agricultural land to non-agriculturists or firms and
individuals not related to farming has been removed. Certain restrictions are,
however, still applicable on the transfer of specific categories of agricultural
land. Besides, Class A land irrigated, leveraging water from a dam, can only be
utilized for farming and agriculture.
 Insertion Of A New Provision In Section 80-A Of The Act
The inclusion of the new provision mentions that the amendments of the Act will
not affect individuals belonging to Scheduled Caste or Scheduled Tribe, as
introduced under the Prohibition of Transfer of Certain Lands or the Karnataka
SC/ST Act of 1978. Agricultural land owned by them will continue to remain as
farmland.
3) Narrate the provisions relating to ceiling on land holdings under KLRA?

Ceiling on Land Holdings

Secs.63 to 79 deal with the ceiling on land holdings a person or a family can have.

What is ceiling on land holdings?

i. It means fixing maximum size of land holding that an individual/family can own.
ii. Land over and above the ceiling limit, called surplus land.
iii. If the individual/family owns more land than the ceiling limit, the surplus land is

taken away (with or without paying compensation to original owner)

iv. This surplus land is

1. a) distributed among small farmers, tenants, landless labourers or

2. b) handed over to village panchayat or
3. c) Given to cooperative farming societies.

Why ceiling on land holdings?

i. Art.38seeks to minimize the inequalities of income, status, facilities and opportunities. Land
ceiling minimize inequality in the land ownership and thus reduces inequality of income.
ii. Art.39(a) wants to give right to adequate means of livelihood for all citizens. Land ceiling
(and subsequent land redistribution) provides self-employment opportunities to landless
agricultural labourers.
iii. Art.39(b) envisages that the ownership and control of the material resources of the
community are so distributed as best to sub-serve the common good
iv. Art.39(c) aims to ensure that the operation of economic system does not result in the
concentration of wealth. Hence land ceiling is necessary to prevent concentration of wealth in
the hands of few.

Ceiling on land (Sec.63)

Sec. 63 expressly prohibits any person who is not a member of a family or who has no family and any
family from holding land in excess of the ceiling area either in the capacity of land owner, landlord or
tenant or mortgagee with possession.

The ceiling area for a person who is not a member of a family or who has no family or for a family
will be ten units. In the case of a family consisting of more than five members the ceiling area will be
ten units plus an additional extent of two units for every member in excess of five, so however that the
ceiling area should not exceed twenty units in the aggregate

This Section also prohibits educational, religious or charitable institution or society or trust, of a
public nature formed for an educational, religious or charitable purpose from holding land. However
an exception to this rule is if the income from the land is appropriated solely for the institution or the
society or the trust concerned. In such a case such body can hold upto twenty units.

Case law

It may be that Sec.63 read with the definition of the expression ‘family’ contravenes Articles 14, 19
and 31 of the Constitution. But since the Act in particular Sec.63 which is mainly intended to bring
about agrarian reforms has the protection of Article 31A of the Constitution and attack based on
Articles 14, 19 and 31 should fall – Bhasker Vs. State AIR 1975 Kar. 55

Future acquisition of land – sec 64

Consequent upon transfer, gift, purchase, exchange, mortgage with possession, lease, surrender or any
other kind of transfer inter vivos or by bequest or inheritance, partition or otherwise if any person or
family acquires any land and for this reason if such person or family holds land in excess of the
ceiling such surplus land will vest with the State Govt.

Filing of declaration of holding – sec 66

Every person who holds

1. (i) ten acres or more of lands having facilities for irrigation from a source of water belonging
to the State Government; or
2. (ii) twenty acres or more of lands on which paddy crop can be grown with the help of rain
water; or
3. (iii) forty acres or more of lands classified as dry but not having any irrigation facilities from
a source of water belonging to the State Government,

and every person whose land is deemed to be in excess of the ceiling area should furnish a declaration
to the jurisdictional Tahsildar containing the following particulars namely:

(i) particularsofallthelands;
(ii) particulars of the members of the family; and

(iii)such other particulars as may be prescribed.

Penalty for failure to furnish declaration – sec 66A

Where a person required to furnish a declaration fails without reasonable cause so to do or furnishes a
false declaration the Tahsildar is empowered to issue a notice to such person asking him to show
cause within fifteen days why a penalty may not be imposed on him.

Payment for use and occupation of land – sec 67A

Every person possessing land in excess of the ceiling area should pay the State Government
compensation as determined by the Tribunal and such sum payable may be recovered as arrears of
land revenue.

Vesting of land surrendered by owner – sec 68

In case if the land surrendered is by an owner the State Government is empowered to take over such
land on the service of the order and such land will vest in the State Government free from all
encumbrances.

4) Explain the scope of cooperative farms

Overview
Secs.89 to 102 of the Karnataka Land Reforms Act, 1961 deal with several aspects of cooperative
farms like formation, registration, membership, bye-laws, management etc.

Sec. 89 of the Act provides for the formation of cooperative farms

Formation of a Co-operative Farm

Any ten or more persons of a village or two or more contiguous villages holding between them as
land-owners or tenants, rights in and possession over fifty acres can start a Co- operative Farm
comprising the land so held and possessed by them.

Application for registration

For the registration of a cooperative farm an application should be made along with extracts

from the record of rights or other records showing the total area with the survey numbers of all the
fields held by each of the applicants in the village or contiguous villages

Registration of Co-operative Farm

The Registrar has to grant a certificate of registration and issue a copy of the certificate which should
be forwarded to the Deputy Commissioner for the required action.

Members’ land transferred to the farm

After a co-operative farm has been registered the possession of all lands in the village or contiguous
villages held by a member, in respect of which the Co-operative Farm is registered stand transferred
to the co-operative farm which will continue to hold it for agricultural purposes.

If any person withdraws from the membership of such co-operative farm his land should be
transferred to him by the co-operative farm.

Consequences of registration

When a co-operative farm has been registered the provisions of Karnataka co-operative societies Act,
1959 will be applied as far as they are not inconsistent with this Act.

Bye-laws of the Farm

Applications which are made for the registration of the co-operative farm should accompany a copy of
the proposed bye-laws of the co-operative farm.

Amendment of the bye-laws by the Registrar

The registrar has the power to heard amend the bye-laws either on his own motion or on an
application made by the majority of the members of the co-operative farm

Contribution by a member

Every member is be bound to contribute the following to the Co-operative Farm (i) funds,

(ii) personal labour,

(iii)agricultural implements, agricultural stock, and such other articles as may be prescribed.

Liability of the Farm to land revenue and other dues

A co-operative farm is liable for the payment of all the land revenue, cesses, water rate, betterment
contribution and local rates, payable by the land-owner in respect of the land

Admission of new members

Sec.100 provides for the admission of a new member who is a resident of the village or contiguous
villages in which a Co-operative Farm is situated.

Heirs deemed to be members of the Farm

In case if a member of a Co-operative Farm dies, his heirs will be deemed to have become members
of the Co-operative Farm.

Concessions and facilities for the Co-operative Farm

A Co-operative Farm is entitled to following concessions and facilities:

(a) reduction of land revenue;
(b) reduction of or exemption from agricultural income tax;
(c) free technical advice from experts employed by the Government;
(d) financial aid and grant of subsidies and loans with or without interest; priority in irrigation from
State irrigation works.

5) who is a tenant? Explain the provisions relating to conferment of ownership

on tenants?
Under the Karnataka Land Reforms Act, 1961, a tenant means an agriculturist who
personally cultivates the land he holds on lease and it includes the following

1. Tenant Cultivator: A person who cultivates another person's land, either personally
or through hired labor, and pays rent or delivers a share of the produce to the
landowner is considered a tenant.
2. Tenant for a Consideration: A person who holds land from another person under a
tenancy agreement, where consideration (rent or share of produce) is paid to the
landowner.
3. Tenant by Custom: In certain areas where customary rights prevail, a person who
cultivates land and pays rent or a share of produce to the landowner according to local
customs and traditions.
4. Tenant Protected by Law: A person who was a tenant on certain specified dates and
whose tenancy rights are protected under the provisions of the Karnataka Land
Reforms Act.

Conferment of Ownership on Tenants

Secs.44 to 62 of Karnataka Land Reforms Act, 1961 deal with the conferment of ownership

on tenants and regulate relationship between the tenant, landlord, owner and Govt.

Vesting of lands in the State Government

Sec.44 states that all lands which are held by or that which are in the possession of tenants
immediately prior to the date of commencement of the Amendment Act of 1974 with effect from its
date stand transferred to the State Government.

(a) all rights, title and interest vesting in the owners of such lands and other persons interested in such
lands will cease and be vested absolutely in the State Government free from all encumbrances

(b) all amounts in respect of such lands which become due on or after the date of vesting will become
payable to the State Government and not to the land-owner, land-lord or any other person and any
payment made in contravention of this will not be valid.

Case law

The impugned order was passed by the Tahsildar under Sec.44(1) of the Karnataka Land Reforms
Act, 1961 holding that the lands are vested in the State Govt. it is the Tribunal which is required to
adjudicate upon the question whether the land is vested in the State Govt. under Sec.44 and the
Tahsildar has no such power - smt. Lalitabai & Ors. Vs. State of Karnataka & Ors., 1995(6)
Kar.L.J. 239A.

Tenants to be registered as occupants of land on certain conditions

Every person who was a permanent tenant, protected tenant or other tenant or where a tenant has
lawfully sublet, such sub-tenant is entitled to be registered as an occupant in respect of the lands
which he has been cultivating personally with effect from the date of vesting.

When tenant can choose land

If any tenant entitled to be registered as an occupant held land from one or more than one landlord,
such tenant is entitled to choose the area and the location of the land of which he wishes to become
the registered occupant.

Amount payable

Every land-owner, landlord and all other persons interested in the land are entitled to an amount
determined with reference to the net annual income derivable from the land or all the lands for the
extinguishment of their rights in the lands vesting in the State Government in accordance with the
following scale:

1. (i) for the first sum of rupees five thousand or any portion of the net annual income from the
land, fifteen times such sum or portion;
2. (ii) for the next sum of rupees five thousand or any portion thereof of the net annual income
from the land, twelve times such sum or portion;
3. (iii) forthebalanceofthenetannualincomefromtheland,tentimessuchbalance:

Tahsildar to determine the amount payable

The Tahsildar after receiving the orders passed under and where no application is filed within the said
period on receipt of the application by the landlord, proceed to determine the amount payable and
prepare a statement showing the apportionment of the amount so determined among the persons
entitled to it in accordance with the value of their respective interest in the land.

Sub-tenants of tenants to be registered as occupants

If a tenant has lawfully sub-let the land held by him, such sub-tenant of the land, should be entitled to
be registered as occupant of the land of which he was a sub-tenant before the date of vesting to the
exclusion of the tenant.

Determination of encumbrances and payment of the amount

The Tahsildar while determining the said amount should also determine any mortgage or other
encumbrance lawfully subsisting on the land on the date of vesting, and the amount due under the
mortgage or the encumbrance in respect of such land should be a charge on the amount payable in
respect of such land to the person who has created the mortgage or encumbrance.

Mode of payment

The amount payable to any person should

(a) be paid in cash in a lumpsum if the amount payable does not exceed two thousand rupees; and

(b) if the amount payable exceeds two thousand rupees the amount up to two thousand rupees should
be paid in cash and the balance be paid in non-transferable and non-negotiable bonds carrying interest
at the rate of five and a half per cent per annum and of guaranteed face value maturing within a
specified period not exceeding twenty years.

Issue of certificate of registration

On receipt of the final orders passed the Tahsildar should issue a certificate that the tenant has been
registered as an occupant. The certificate should be conclusive evidence of such registration.

The Tahsildar should forward a copy of the certificate issued as above to the concerned Sub- Registrar
who should register the same.

Surrender of land to State Government

If the person who has been registered as occupant or his successor-in-title intends, within six years
from the date of such registration, giving up personal cultivation of the land, he should surrender the
land to the State Government, and on such surrender the State Government should pay an amount
equal to the premium paid and the depreciated value of improvements, if any, effected after the date
of registration, to the person surrendering and the other persons interested in the land.

6) Classification of land under land reforms act

Classification of Lands
The agricultural lands have been classified under Schedule I, Part A of the Karnataka
Land Reforms Act, 1961 as A Class, B Class, C Class and D Class. They are as
follows:

A CLASS LAND:
Lands having facilities for assured irrigation from Government Canals and
Government Tanks capable of supplying water for growing two crops of paddy or one
crop of sugarcane in a year.

B CLASS LAND:
 Lands having facilities for assured irrigation from Government Canals and
Government Tanks capable of supplying water for growing only one crop of
paddy in a year.
 Lands irrigated by such lift irrigation projects constructed and maintained by the
State government are capable of supplying water for growing two crops of
paddy or one crop of sugarcane in a year.

C CLASS LAND:
 Lands irrigated from any Government sources of irrigation, including lift
irrigation projects constructed and maintained by Government other than those
coming under A Class and B Class.
 Lands on which paddy crop can be raised or areca crops are grown with the
help of rain water.
 Lands irrigated by lifting water from a river or Government Canal or government
tank where the pumping installation or other device for lifting water is provided
and maintained by the land owner.

D CLASS LAND:
Lands classified as dry but not having any irrigation facilities from a Government
source. (Lands growing paddy or garden crops not coming under A Class, B Class or
C Class shall belong to this class.)

7) Explain the provisions of land grant rules relating to grant of land for
agricultural purposes?
Section 11. Powers of Revenue Officers to grant lands.
–
(1) The following Revenue Officers shall be competent to
grant land for
agricultural purposes other than cultivation of plantation
crops to the extent
noted against each.-
(i) Tahsildar in charge of a Taluk. - Up to two hectares of
dry land or one
hectare of wet land or garden land;
(ii) Assistant Commissioner in-charge of the Revenue Sub-
Division or any
Assistant Commissioner in a District to whom the powers
of the Deputy
Commissioner to grant lands are delegated. - Up to four
hectares of dry
land or two hectares of wet or garden land;
(iii) Deputy Commissioner of a District.
- Not exceeding six hectares of dry
land or three hectares of wet or garden land;
(iv) Divisional Commissioner. - Exceeding six hectares of
dry land or three
hectares of wet or garden land but not exceeding ten
hectares of dry land
or five hectares of wet or garden land;
(v) In any other case in excess of the extent specified in
sub-clause (iv), the proposals shall be submitted to
Government for sanction.

Section 8.Procedure for grant of lands for agricultural

purposes. –
(1) Any person who under these rules is eligible for grant
of lands for
agricultural purposes shall make an application in writing
to the Tahsildar of
the taluk in Form 1 giving the following particulars.
-
(i) name, age and address of [the applicant and his wife];
(ii) the extent and particulars of the land asked for
namely, survey number,
village, taluk, sub-division in which the land is situated;
(iii) the extent and details of the land if any already owned
or held by him or
by any member of his family;
(iv) whether he belongs to the scheduled caste or the
Scheduled Tribe or is a
displaced person, displaced holder, displaced tenant, an
ex-serviceman,
soldier or political sufferer;
(v) whether he or any member of his family had previously
applied for land,
if so, the particulars of the endorsement received thereon;
(vi) the particulars of any land previously granted to him or
any member of
his family.

Section 9. Conditions of grant. –

(1) The grant of lands under these rules [for, agricultural
purposes] shall be
subject to the following conditions namely.-
(i) the grantee shall not alienate the land for a period of
fifteen years from
the date of taking possession:
Provided that he may, after a period of five years, with the
previous permission
of, and subject to [the provisions of the Karnataka
Scheduled Castes and
Scheduled Tribes (Prohibition of Transfer of Certain Lands)
Act, 1978
(Karnataka Act 2 of 1979), and] such conditions as may be
specified by the Deputy Commissioner, alienate the whole
or any portion of such land
8) Discuss the features of Karnataka prevention of fragmentation
and consolidation of holding act 1966?

he Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966,

contains several salient features that are pivotal to its objectives and implementation:

1. Prevention of Fragmentation:
o The Act aims to prevent the sub-division of agricultural land holdings below
certain minimum limits specified by law. This prevents the fragmentation of
land into uneconomic units that could reduce agricultural productivity.

2. Consolidation of Holdings:
o It facilitates the consolidation of fragmented land holdings into larger, more
viable units. This consolidation helps in efficient land use, better infrastructure
development, and overall improvement in agricultural practices.

3. Minimum and Maximum Limits:

o Specifies minimum and maximum limits for the size of agricultural land
holdings. This ensures that individual holdings remain economically viable
and conducive to efficient agricultural operations.

4. Survey and Preparation of Schemes:

o Provides for the survey and preparation of consolidation schemes. These
schemes involve the reorganization and exchange of fragmented land holdings
to create more cohesive and manageable units.

5. Initiation and Approval Process:

o Sets out the procedures for initiating consolidation schemes, including
approval processes involving government authorities and consultations with
affected landowners.
 6. Rights and Interests of Landowners:
o Defines and protects the rights and interests of landowners affected by
consolidation schemes. This includes ensuring fair compensation and
equitable distribution of land after consolidation.

7. Dispute Resolution Mechanisms:

o Establishes mechanisms for resolving disputes related to land consolidation,
ensuring fair and transparent processes for affected landowners.

8. Enforcement and Penalties:

o Provides enforcement mechanisms to ensure compliance with the Act's
provisions. Penalties are prescribed for violations such as unauthorized
fragmentation of land.

9. Role of Government Agencies:

o Specifies the roles and responsibilities of government agencies in
implementing and overseeing consolidation schemes. This includes
conducting surveys, preparing schemes, and overseeing the execution of
consolidation plans.

10. Promotion of Agricultural Efficiency:

o The Act promotes agricultural efficiency by optimizing land use patterns,
reducing fragmentation-induced inefficiencies, and supporting sustainable
agricultural practices.

UNIT V

1) Discuss the various provisions related to regulatory authority

under real estate regulation and development act 2016?

Sec.20 of Real Estate(Regulation & Development), 2016 provides for the establishment and
incorporation of Real Estate Regulatory Authority.

Establishment

It is the responsibility of the appropriate Govt. to establish the Real Estate Regulatory Authority
within a period of one year from the date of coming into force of this Act, to exercise the powers
conferred on it and to perform the functions assigned to it under this Act:

The real estate regulatory Authority is a body corporate by the name as mentioned above having
perpetual succession and a common seal, with the power, to acquire, hold and dispose of property,
both movable and immovable, and to contract, and can by the said name, sue or be sued.

Composition of Authority
The Authority consists of a Chairperson and two whole time Members appointed by the appropriate
Government.

Qualifications of Chairperson and Members of Authority

The Chairperson and other Members of the Authority are appointed by the appropriate Government
on the recommendations of a Selection Committee consisting of the Chief Justice of the High Court or
his nominee, the Secretary of the Department dealing with Housing and the Law Secretary, from
amongst persons having adequate knowledge of and professional experience of at-least twenty years
in case of the Chairperson and fifteen years in the case of the Members in urban development,
housing, real estate development, infrastructure, economics, technical experts from relevant fields,
planning, law, commerce, accountancy, industry, management, social service, public affairs or
administration.

Term of office of Chairperson and Members

The Chairperson and Members are to hold office for a term not exceeding five years from the date on
which they enter upon their office, or until they attain the age of sixty-five years, whichever is earlier
and are not eligible for re-appointment.

Functions of Authority

The functions of the Authority shall include

1) to register and regulate real estate projects and real estate agents registered

2. b) to publish and maintain a website of records, for public viewing, of all real estate projects
for which registration has been given, including information provided in the application for
which registration has been granted;
3. c) to maintain a database, on its website, for public viewing, and enter the names and
photographs of promoters as defaulters including the project details, registration for which has
been revoked or have been penalised with reasons therefor, for access to the general public;
4. d) to maintain a database, on its website, for public viewing, and enter the names and
photographs of real estate agents who have applied and registered under this Act, including
those whose registration has been rejected or revoked;
5. e) to fix through regulations for each areas under its jurisdiction the standard fees to be levied
on the allottees or the promoter or the real estate agent;
6. f) to ensure compliance of the obligations cast upon the promoters, the allottees and the real
estate agents under this Act and the rules and regulations made thereunder;

Powers of Authority

The Authority has the powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5
of 1908) while trying a suit, in respect of the following matters, namely:

Page 183 of 201

(i) the discovery and production of books of account and other documents, at such place and at such
time as may be specified by the Authority;
(ii) summoning and enforcing the attendance of persons and examining them on oath;

(iii)issuing commissions for the examination of witnesses or documents;

(iv)any other matter which may be prescribed.

Power to issue interim orders

The Authority has the power to restrain any promoter, allottee or real estate agent from carrying on
any act which is in contravention of this Act, or the rules and regulations made thereunder until the
conclusion of such inquiry or until further orders, without giving notice to such party.

Powers of Authority to issue directions

The Authority has the power to issue such directions, to the promoters or allottees or real estate
agents, as it may consider necessary for the purpose of discharging its functions under the provisions
of this Act or rules or regulations made thereunder, and such directions shall be binding on all
concerned.

Powers to impose penalty

The Authority has the powers to impose penalty or interest, in regard to any contravention of
obligations cast upon the promoters, the allottees and the real estate agents, under this Act or the rules
and the regulations made thereunder.

The Authority is guided by the principles of natural justice and also the power to regulate its own
procedure.

Power to make reference

The Authority, has the suo motu power to make reference to the Competition Commission of India in
any matter where an issue is raised relating to agreement, action, omission, practice or procedure that:

(a) has an appreciable prevention, restriction or distortion of competition in connection with the
development of a real estate project; or

(b) has effect of market power of monopoly situation being abused for affecting interest of allottees
adversely

2) Discuss the constitution, powers and functions of real estate

authority undert the act?

Same as above
3) Explain the objectives of real estate regulation and development
act 2016?

The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted in India to
bring transparency, accountability, and efficiency to the real estate sector. The objectives of
RERA are as follows:

1. Protecting the interests of home buyers: RERA aims to protect the rights and
interests of consumers in the real estate sector. It seeks to ensure timely delivery of
projects, clear and transparent dealings, and accountability of developers towards
buyers.
2. Promoting fair play in real estate transactions: RERA mandates that developers
register their projects with the regulatory authority before advertising or selling them.
This ensures that only credible and genuine projects are brought to the market,
reducing fraud and misleading advertisements.
3. Setting up a regulatory authority: Each state and union territory in India has to
establish a Real Estate Regulatory Authority (RERA) to oversee the real estate
 transactions and adjudicate disputes. This authority ensures that both developers and
buyers adhere to the regulations set forth by RERA.
4. Ensuring timely completion of projects: Developers are required to disclose all
project details on the RERA website, including the timeline for completion. They
must adhere to these timelines, and any delays must be explained with proper
justification. This provision protects buyers from prolonged waits for possession of
their homes.
5. Encouraging professionalism and standardization: RERA aims to bring
professionalism into the real estate sector by imposing certain responsibilities on
developers, such as using quality construction materials, adhering to approved
building plans, and maintaining necessary amenities. This ensures that buyers get
what they were promised.
6. Enhancing transparency: RERA mandates that developers must provide accurate
information about their projects, including details of land titles, layout plans,
approvals, and completion schedule. This transparency helps buyers make informed
decisions.
7. Addressing grievances: RERA provides for the establishment of appellate tribunals
to adjudicate disputes and grievances between developers and buyers efficiently. This
mechanism ensures that disputes are resolved in a time-bound manner.

An overview of the Real Estate (Regulation and Development)

Act, 2016
1. State-level regulatory authorities (Section 20) – Real Estate
Regulatory Authority (RERA): The Real Estate Regulatory Authority
(RERA) is established at the state level. The Act allows state
governments to create multiple regulatory authorities, each with the
following mandate:
o Register and maintain a database of real estate
developments and make it available for public inspection on
the company’s website;
o Protection of interests of promoters, real estate agents,
and buyers;
o A housing development that is both sustainable and
affordable; and
o Provide advice to the government and ensure adherence to
the Act and its regulations.
2. Real Estate Appellate Tribunal (Section 43) – The decision of
the Real Estate Regulatory Authorities can be appealed to the
tribunals established for each state under the Act including its
composition, application for settlement of the dispute, qualifications
for chairperson and members, powers of tribunal and vacancies of
the Appellate Tribunal.
 3. Mandatory Registration (Section 3) – Regulatory Authorities
require all projects with a plot size of at least 500 square metres or
eight flats to be registered.
4. Deposits – Placing 70% of the monies accumulated from the buyer
shall be deposited in a separate escrow account dedicated solely for
the construction of that project.
5. Penal interest on default (Section 61) – Both the promoter and
the buyer are responsible to pay an equal rate of interest in the
event of either party’s default.
6. Ceiling on advance payments (Section 13) – Without initially
entering into a sale agreement, a promoter cannot receive more
than 10% of the cost of the plot, apartment, or building as an
advance payment or an application fee from a person.
7. Punishment (Section 66) – For violations of orders of Appellate
Tribunals and Regulatory Authorities, developers can face up to
three years in prison while agents and buyers can face up to one
year in prison or a fine for every day during which the default
continues, which may extend cumulatively extend up to ten per cent
of the estimated cost of the plot, apartment or building of the real
estate project.

4) Write briefly about the functions and duties of promoters?

The Act seeks to protect the interest of allottees by casting obligations on the promoter to ensure
fairness and transparency in their dealings with them, empowering the regulatory authority to enforce
observance of such obligations and providing deterrence by way of stringent penal consequences for
defaults. In general, the promoter has been made responsible for all obligations, responsibilities and
functions under the Act

The obligations cast on the promoters and the responsibilities imposed are stated hereunder:

1. Duty to get the project registered with the regulatory authority [Sec. 3]

This is the basic starting point of regulatory framework under which any activity involving the
allottees and interface with them can commence only thereafter. The registration serves the basic and
most essential purpose of establishing the genuineness of the project and providing essential details
concerning the project, the promoter and all persons connected with the project by bringing such
information in public domain

2. Duty to create a webpage and display the project [Sec. 11(1)]

After the project is registered, a login ID and password is provided by the Regulatory Authority to the
promoter which enables him to have access to the authority’s website and create a webpage for the
project. The page is to display the prescribed information about the project, the antecedents of
promoter and past activities, layout plans, approvals, time of completion and other details which a
buyer would necessarily like to have

3. Duty not to advertise or make offer for sale without registering the project [Sec 3(1)]

Section 3 of the Act prohibits a promoter from advertising, marketing, booking, selling or offering for
sale any plot, apartment or building in the project in the planning area without registering the project
unless, the project is such which does not require registration.

4. Duty to make available certain documents at the time of booking and issue of allotment letter
[Sec.11(3)]

The promoter is required to make available the following information to the allottee at the time of
booking and issue of allotment letter:

i. sanctioned plans, layout plans along with specifications approved by the competent authority,
by display at the site or such other place as may be specified by the regulations made by the
Authority;
ii. the stage wise time schedule of completion of the project, including the provisions for civic
infrastructure like water, sanitation and electricity.

5. Duty to obtain the completion certificate or the occupancy certificate [Sec.11(4)(b)]

The responsibility to obtain the completion certificate or the occupancy certificate or both as per laws
of the relevant local authority or any other law in force in the concerned State/ Union Territory, is on
the promoter who should, after obtaining it, make it available to the allottees individually or in case
any association has been formed, to the association.

6. Duty to obtain lease certificate [Sec.11(4)(c)]

Where the real estate project is developed on a leasehold land, the promoter is responsible for
obtaining the lease certificate from the relevant authorities specifying the period of lease and
certifying that all dues and charges in regard thereto have been paid. The certificate needs to be made
available to the allottees.

7. Duty to ensure veracity of advertisement [Sec.12]

The advertisement, prospectus or any other document designed to canvass and invite the public to
purchase should have information which is not incorrect, false or misleading
8. Duty not to accept deposit or advance exceeding 10% of cost without executing agreement to sell
[Sec.13]

A promoter is prohibited from accepting any sum exceeding 10% of the cost of the apartment, plot or
building as advance payment or application fee unless, he executes an agreement for sale with the
allottee and gets it registered under the law relating to registration.

10. Duty to adhere to sanctioned plans and project specifications[Sec.14]

The webpage of the project contains details of sanctioned plan or layout plans and also specifications
approved by the authorities. These are also made part of agreement for sale. The promoter is under the
obligation to develop and complete the project in accordance with such approved plans and
specifications disclosed to the allottees and not to depart in any manner including in the matter of
fixtures, fittings, amenities and common areas in respect of any apartment, plot or building

13. Duty to enable formation of association or society of the allottees or a federation of the same
[Sec.11(4)(e)]

The Act being a regulatory Act to regulate the construction, sale, management and transfer, deals with
matters up to the stage construction is complete and possession is handed over to the allottees except
for the limited purpose of rectifying the defects brought to promoter’s notice within 5 years of
handing over of the possession

17. Duty not to create any charge after execution of agreement for sale [Sec.11(4)(h)]

The promoter is prohibited from creating any charge on the apartment, plot or building after the
agreement for sale is executed. If any charge is created in contravention of the provision, even if there
is any contrary provision in any other law, such charge will not affect the right and interest of the
allottee.

5) who is an allottee? What are the rights and duties of an allottee?

Sec 2(d) – Allottee

Allottee means a person to whom a plot, apartment or building as

the case may be , has been allotted or sold or transferred by the
promoter but does not include a person to whom such plot or
apartment or building has been given on rent

A - Rights of Allottees
 Rights of the Allottees to obtain information
 Right to know stage-wise time schedule of completion 
Right to claim possession
 Right to claim refund in the event of non-completion 
Right to obtain documents and plans

B - Duties of Allottees
  Duty to make payment
  Duty to pay interest at prescribed rate
  Duty to participate towards formation of society/association
  Duty to take physical possession 
participate in registration of conveyance deed

1. Rights of the Allottees to obtain information

The allottee has the right to obtain information relating to the project including information
about the sanctioned plan/ layout plan and the specifications as approved by the competent
authority. The information is required to be contained in the webpage of the Authority’s site
and updated regularly in terms of the provisions of sec. 11(1) of the Act

2. Right to know stage-wise time schedule of completion

This is also the information required to be displayed on the website. Apart from the time scheduled
for the completion, the allottee is entitled to information regarding water, sanitation, electricity and
other amenities and services as agreed with the promoter in the agreement for sale.

3. Right to claim possession

The allottee is entitled to claim possession of the building, apartment or plot as per the declaration
given by the promoter in his application for registration of the project. While possession of the
building apartment or plot is to be given to the allottee, that of common area is to be handed over to
the association of allottees.

4. Right to claim refund in the event of non-completion

The allottees is entitled to claim the refund of the amount paid along with interest at the prescribed
rates, and compensation as may be determined by the adjudicating authority in the event of failure by
the promoter to give possession in accordance with the terms of the agreement for sale

5. Right to obtain documents and plans

The allottee is entitled to have documents and plans including that of common area after the
possession is handed over by the promoter to him or the association of allottees.

B- Duties of Allottees

1. Duty to make payment

Every allottee, who has entered into an agreement to take an apartment, plot or building as the case
may be, shall be responsible to make necessary payments in the manner and within the time as
specified in the said agreement for sale and shall pay at the proper time and place, the share of the
registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent,
and other charges, as may be payable
2. Duty to pay interest at prescribed rate

The allottee is liable to pay interest at the rate to be prescribed for any delay in payment of any
amount which is due from him in respect of cost, maintenance, registration or under any other head.
The liability towards interest may be reduced by the mutual agreement between the promoter and the
allottee.

3. Duty to participate towards formation of society/association

Every allottee of the building apartment or plot is required to participate in the formation of an
association or society or co-operative society of the allottees or a federation of the same.

4. Duty to take physical possession

Allottee shall take physical possession of the building, apartment or plot within a period of two
months of the issue of occupancy certificate.

5. Duty to participate in registration of conveyance deed

Under section 17(1) the promoter is required to execute a registered conveyance deed of the building,
apartment or plot in favour of the allottee and of the undivided proportionate title in the common areas
in favour of their association. While the primary responsibility of conveying the title is that of the
promoter, the allottee is also responsible to participate in the process and extend all co-operation in
the matter.

Penal consequences in case of failure

The allottee, in case he fails to comply with or contravene any order decision or direction of the
RERA, is liable to a penalty computed per day for the period during which such default continues.
The penalty may cumulatively extend up to 5% of the cost of the building, apartment or plot allotted
to him as may be determined by the authority.

6) SN – Offences and Penalties under RERA

The Act lays down obligations on the promoters, allottees and real estate agents and also
provides for consequences for defaults by way of penalty, fine and imprisonment for
contravening those provisions by them. Chapter VIII of the Act containing Sections 59 to 70
deals with the same.

A - Penal consequences of defaults by the promoters

(i) Contravention of Section-3 dealing with registration of the project (Sec. 59)
Section 3 requires the promoters of real estate projects to get their projects registered with the
RERA and prohibits them from advertising, marketing, booking, selling, offering for sale or
inviting people in any other manner for purchasing the buildings, apartments or plots in the
project without getting the project registered. In case the promoter contravenes the provision
and does any such publicity without registration, he can be made liable to pay penalty which
can be of an amount up to 10% of the estimated cost of the project.

(ii) Contravention of Section-4 obligating the promoter to make application for registration
and furnish information (Sec. 60)

In order to get the project registered, the promoter is to make an application u/s. 4 to the
RERA within the prescribed time

(iii) Contravention of other provisions of the Act (Sec. 61)

Punishment for contravening any provision of the Act or rules or regulations thereunder,
except provisions of Sections 3 and 4 in respect of which consequences are provided
separately in terms of Section 61. Such contravention is made punishable with penalty which
can be up to an amount equal to 5% of the estimated cost of the project as determined by the
RERA.

i. failure to enter details on website [Sec.11(1)]

ii. failure to quote website address in advertisement for sale [Sec.11(2)]
iii. failure to make prescribed information available at the time of booking and issue of

allotment letter [Sec.11(3)]

iv. failure to obtain completion/occupancy certificate and make it available to allottee

[Sec.11(4)(b)]

v. failure to obtain lease certificate where the development is on leasehold land [Sec.11(4)(c)]

vi. failure to provide and maintain essential services [Sec.11(4)(d)]

vii. failure to enable formation of a society or any other association of buyers

[Sec.11(4)(e)]

viii. failure to execute conveyance deed in favour of allottee and association of allottees

(iv) Failure to comply with the orders of RERA (Sec. 63)

A promoter who fails to comply with or contravenes any of the orders or directions of the
RERA is made punishable by penalty calculated at the determined amount per day for the
period during which the default continues subject to the maximum imposable penalty of
amount equal to 5% of the estimated cost of the project as may be determined by the
authority.

(v) Failure to comply with orders of the Real Estate Appellate Tribunal (Sec. 64)
Failure by the promoter to comply with the orders, decisions or directions of the Real Estate
Appellate Tribunal is made punishable with imprisonment for a term up to three years or with
fine for every day of default or, with both. The fine to be imposed can be of an amount up to
10% of the estimated cost of the real estate project.

B – Defaults committed by the allottees

(i) Failure to comply with the order of the RERA (Sec. 67)

The allottee contravening or failing to comply with any order, decision or direction of the
Regulatory Authority will be liable for penalty as may be determined by the Authority for the
period during which such default continues. The total penalty so imposable can be up to an
amount equal to 5% of the cost of building, apartment or plot as determined by the Page 193 of
201

authority.

(ii) Failure to comply with the orders of the Real Estate Appellate Tribunal (Sec. 68)

If any allottee fails to comply with or contravenes any of the orders or directions of the Real
Estate Appellate Tribunal, he can be made punishable with imprisonment for a term up to one
year or with fine for every day during which such default continues or with both. The fine so
determined as payable can be up to an amount equal to 10% of the cost of building, apartment
or plot in respect of which the defaulter is an allottee.

C – Penal consequences for default by agents

(i) Failure to facilitate sale/ purchase without registration (Sec. 62)

Section 9(1) of the Act prohibits a real estate agent from facilitating the sale or purchase of a
building, apartment or plot in a registered real estate project or acting on behalf of any person
for such facilitation without obtaining registration as a real estate agent.

Any violation of the provision makes him liable to a penalty which will be Rs.10,000/- per
day of default. The total amount of penalty shall be subject to maximum amount equal to 5%
of the cost of building, apartment or plot, sale or purchase of which was facilitated by him.

(ii) Failure to perform the functions under the Act (Sec. 62)

Section 10 of the Act lays down the functions of the real estate agent which he is required to
perform under the Act. Failure to perform such functions in the way laid down in the Act can
be made punishable with penalty computed at

10,000/- for every day of the default which can cumulatively go up to 5% of the cost of
building apartment or plot of which he facilitated the sale or purchase.

(iii) Failure to comply with orders of the RERA (Sec. 65)

If any real estate agent, fails to comply with, or contravenes any orders or directions of the
Authority, he shall be liable to a penalty for every day during which such default continues,
which may cumulatively extend up to five per cent, of the estimated cost of plot, apartment or
building, for which the sale or purchase has been facilitated by him and as determined by the
Authority.

(iv) Failure to comply with orders of the Real Estate Appellate Tribunal (Sec. 66) Page 194 of
201

If any real estate agent, fails to comply with, or contravenes any of the orders, decisions or
directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term
which may extend up to one year or with fine for every day during which such default
continues, which may cumulatively extend up to ten per cent of the estimated cost of plot,
apartment or building, for which the sale or purchase has been facilitated, or with both.

7) Explain the provisions related to registration of a project?

Overview

One of the salient features of RERA is the requirement of registration of the real estate project by the
‘Promoter’ with the Real Estate Regulatory Authority (“Authority”), which falls within the planning
areas. In the absence of such registration, the Promoter of a real estate project is not permitted to
advertise, market, book, sell or offer for sale, or invite ersons to purchase in any manner in any real
estate project or part of it.

RERA defines promoter as (“Promoter”):

1. Builder;

2. Developer;

3. Development Authority;

4. Society; or

5. Holder of Power of Attorney from the owner of the land on which building / apartment is
constructed or plot is developed for sale.

A “real estate project” is defined as the development of a building, converting an existing building or
a part in apartments, development of land into apartments / plots for the purpose of selling and
includes common areas, development works, all improvements and structures thereon and all
easement, rights and appurtenances belonging to such building or land or structure.

Who needs to register?

The following persons are required to register the real estate project with authority:

i. Any person who constructs or who wants to build an independent building or a building
consisting of apartments or modification of existing structure into apartments to sell
apartments to the persons.
ii. Any person who develops the land into a project, to sell projects to other persons.
iii. Any development authority or another public body in respect of allottees of
iv. Buildings or plots constructed by such authority or public body on who owns land or placed
at their disposal by the government.
v. Plots owned by development authority or which is placed at their disposal by the government
to sell the apartments.

In terms of Section 3 of RERA, the following real estate projects are not required to be registered:

1. Where the area of the land does not exceed 500 square meters or number of apartments does
not exceed 8 (eight);

2. Where the Promoter has received completion certificate for a real estate project prior to
commencement of RERA; and

3. Where the work involved is limited only to renovation or repair or re-development and does
not involve marketing, advertising, selling or new allotment of any apartment, plot or
building.

Application for registration under RERA

In terms of Section 4 of RERA, an application required to be made by every Promoter along with the
prescribed fee for registration of its real estate project and shall beinter alia accompanied with the
prescribed documents including:
 1. An authenticated copy of the approvals and commencement certificate obtained from the
competent authority;
2. Sanctioned plan, layout plan and specifications of the proposed real estate project as
sanctioned by the competent authority; and

3. A declaration by the Promoter supported by an affidavit inter alia stating:

1. that the Promoter has a legal title over the land on which development is proposed;

2. the details of all encumbrances on such land;

3. the time period within which the Promoter undertakes to complete the real estate project;

4. that the Promoter would deposit 70% of the amount realized for the real estate project from
the allottee(s) from time to time in a separate bank account.

Validity of registration under RERA

The registration granted shall be valid for a period declared by the Promoter for completion of the real
estate project or phase thereof as submitted in the affidavit along with the application for registration.

The registration granted by the Authority may be extended by it upon receipt of application from the
Promoter in this regard in the following circumstances:

1. Force Majeure: war, flood, drought, fire, cyclone, earthquake or any other calamity caused by
nature affecting the regular development of the real estate project.

2. Other than force majeure: The Authority may extend the registration to a maximum period of
one year if it feels that the circumstances and reasons for extension of the case are reasonable.

Revocation of registration

RERA stipulates various compliances with respect to a real estate project. If the same are not
complied with, the registration of an already registered real estate project may get revoked. The
Authority may revoke a registration on the basis of a complaint received or suo motu by the Authority
by giving 30 days’ notice in writing to the Promoter of such real estate project stating grounds of
proposed revocation and instructing him to show cause as to why the registration should not be
revoked. On the basis of the Promoter’s reply to the show cause notice, the Authority may allow the
real estate project to be registered or alternatively, may cancel the registration.

Consequences of non-registration

In case of non-registration of the real estate project, Section 59 stipulates a penalty of up to 10% of
the estimated project cost and in case of continued default, an additional fine up to 10% of the
estimated project cost or imprisonment up to 3 (Three) years or both.
8) Real Estate Agent – SN

One of the most important interfacing in the real estate sector is held by the brokers or real estate
agents today. They form a vital bridge between the real estate industry and the buyers of real estate
properties. It is a fact that flat buyers and brokers interact commercially. There are innumerable cases
where the consumers have, legally or not portrayed their dissatisfaction towards the services of their
agents. Hence RERA seeks to smoothen out these anomalies by regulating the industry of real estate
agents. Chapter 2 of the RERA is partially dedicated to the registration of real estate agents with the
appropriate authorities.

Who is a Real Estate Agent?

Section 2(zm) of RERA defines real estate agents. According to the definition, a "real estate agent"
means any person, who negotiates or represents other persons for transfer of a real estate property by
way of sale to another person and receives remuneration or fees or any other charges for his services
whether as commission

Requirement of registration

To achieve the objective of regulating the real estate sector and to standardize this sector making it
more transparent, the Act and the Rules made thereunder require for the real estate agents to obtain a
registration certificate from the Real Estate Regulating Authority

Documents for registration

  Name, registered address, type of enterprise (proprietorship, societies, partnership, company

etc.);

 In case of a Real Estate Agency the particulars of incorporation including the bye- laws,
MoA , AoA,

  Name, Address, contact details and photograph of the real estate agent or director or
Partners

  the authenticated copy of the PAN card of the real estate agent;

  the authenticated copy of the address proof of the place of business.

Validity

The registration certificate is valid for 5 years from the date of receipt. It can be revoked before the
expiry of this period in case the agent breaches the RER Act or Rules.

Conditions for RC

The following conditions/ compliances are to be adhered to by the real estate agents after attaining the
registration certificate:

1. a) Not to facilitate sale of unregistered property;

2. b) Due maintenance of books of accounts records and documents as provided under rule 14;
3. c) Avoid use of any unfair trade practices as enumerated under the rules assistance to enable
the allottee and promoter to exercise their respective rights and fulfil their respective
obligations at the time of booking and sale of any plot, apartment or building, as the case may
be; and

4. d) Generally adhere by the provisions of the Act and the Rules .