LAND LAW

UNIT I
1. Discuss the provisions relating to application of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement act, 2013.
OR
2. Explain the scope and salient feature of land Acquasition Rehabilitation
&Resettlement Act, 2013?(***)

Introduction: The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 has replaced the archaic Land Acquisition Act,
1894, to bring in a new procedure, aimed at granting fair compensation to those affected.
Land acquisition is a process by which the government (state or union) can acquire
private land for various purposes. In return, the government pays a suitable compensation to
the land owner and would be responsible for the rehabilitation and resettlement of the affected
land owners.

Purpose and Scope for the Act or objective of this Act

• To ensure a transparent process for acquiring land, in consultation with all the
stakeholders and local governing bodies.

 To ensure minimum displacement of the existing population, owning or staying on the

land.
 To provide fair compensation to the families who are affected or whose land has been
acquired or livelihood has been affected, because of the land acquisition.
 To provide adequate provision for rehabilitation and resettlement of the families
affected.

Salient Features of the LARR Act, 2013/ Important

provision
The Old Act was more arbitrary in nature on the part of the State, as there were no adequate
provisions for redressal of grievance of landowner further the process overall lacks
transparency in it. In contrast, the title of the New Act itself clears the intention of lawmakers
behind the new law; it is more owner-friendly. It is a time-bound human participative informed
and transparent process with the intent to include both sustainability and development hand in
hand. Some of its important features are listed below:-

1. Purpose for Acquisition

Government cannot acquire land for Private Players except in the case of public-private
partnership projects or for Private Companies for public purposes. Further, if Private Players
acquire land for any purpose through Private Negotiation over the limit as may be notified by
the appropriate Government the provisions for Rehabilitation and Resettlement will become
applicable

2. Social Impact Assessment Study. (Sec 4)

Before determining whether the land shall be acquired or not, a social impact assessment is
conducted on the identified land by the Government in consultation with local bodies
(Panchayat, etc) to assess the social impact of the acquisition, its cost, and how it shall be
addressed or compensated. Only after receiving a favourable Social Impact report where
potential benefits outweigh the social impact of the Project, the subject land is sought to be
acquired.

3. Rehabilitation and Resettlement Package(sec 16)

The Rehabilitation and Resettlement Package under the Acts is broader in terms of elements,
apart from monetary compensation it has provision to provide for employment, allotment of
alternative housing units, another land, and other entitlements, allowance and grants to make
up for the loss of occupation or opportunity owing to displacement, infrastructure facilities at
the resettled place. in case of acquisition of land that exceeds one hundred acres a Rehabilitation
and Resettlement Committee is constituted containing the representative of various
stakeholders to monitor and implement the Rehabilitation and Resettlement scheme.

4. Special Provisions
To ensure food security, multi-crop irrigated land shall not be acquired under normal
circumstances; it can be acquired only under exceptional circumstances, as a last resort after
making suitable provision for another agricultural land for a similar purpose to cover the loss.
No acquisition of land shall be made in the Scheduled Areas (Scheduled Areas means the
Scheduled Areas as defined in section 2 of the Provisions of the Panchayats (Extension to the
Scheduled Areas) Act, 1996), further without the prior consent of the concerned Gram Sabha
or the Panchayats or the autonomous District Councils, at the appropriate level is required in
all cases of land acquisition in such areas, including acquisition in case of urgency.

5. Compulsory Acquisition
In case of defence or national security or any emergencies arising out of natural calamities or
any other emergency with the approval of Parliament, subject land can be compulsorily
acquired by the Collector on the direction of appropriate government without following the due
process of land acquisition under the Act.

6. Compensation
The most highlighted feature of the New Act which is reflected in its title itself is the fair
compensation. The Act stipulates a mechanism to provide for minimum compensation which
includes payment of 1 to 2 times the Market Value of land, value of asset attached to the land
together with Solatium.
Solatium is the amount payable in addition to compensation equalling 100 % of the
Compensation Amount. Nevertheless, the quantum amount of compensation is quite higher
than the Old Act.
7. Retrospective Effect
In a certain way, this Act also applies to previous transactions initiated under the ‘Old Act’ that
is where an award under the previous Act has been made five years or more before the
commencement of this Act but the physical possession of the land has not been taken or the
compensation has not been paid the land acquisition proceedings under Previous Act shall be
deemed to lapse and the appropriate Government, if it so chooses, shall initiate the proceedings
of such land acquisition afresh in accordance with the provisions of this Act.
8. Urgency Clause( sec 40)
Only in the case of defence or national security or for any emergencies arising out of natural
calamities or any other emergency with the approval of Parliament, the land is acquired without
following the whole process of Social Impact Analysis and Public Hearing is waived and
possession of land is acquired on the expiration of thirty days from the publication of the notice.

Case Laws:
In Somawanti Vs State of Punjab. In this case the Hon’ble Supreme court express that ‘Public
purpose’ would include purpose in which general interest of community as opposed to
particular interest of the individua.
Conclusion: Under the new LARR Act 2013, landowners are given more power.
Private/Government entities have to get the consent of the original landowners before acquiring
any land in the village or the city.
To ensure landowners and other affected families have to go through minimal disturbance, the
process to procure land can only be undertaken in contemplation with the local self-government
and gram sabhas. To ensure that compensation offered to the affected families is fair. No
consent is needed from the landowner if the government acquires the land directly for
developing public infrastructure.

3. Explain the social impact assessment in Land Acquisition Act 2013(LARR act,
2013).(***)

Introduction : 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) and any
social change processes invoked by those interventions. Its primary purpose is to bring about
a more sustainable and human environment.

The Objective of Social Impact Assessment is to ensure that the development process
maximises its benefits and minimises its costs, especially those costs borne by people
(including those in other places and in the future. By identifying impacts in advance:
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.

SOCIAL IMPACT STUDY

Section 4 of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, requires the Government to study the nature and
extent of loss of revenue and livelihood that may be suffered by the affected families from the
intended acquisition. Whenever the appropriate government intends to acquire land for a public
purpose it shall consult the Panchayats, Municipality or Municipal Coproration:
Consultation and Studies of Social Impact
In pursuance of its development plan,

1) the Government shall consult the Panchayat, Municipality or Municipal Corporation at

village level or ward level in the concerned area.
2) With their help, the government shall conduct social impact assessment study in a
specialized manner.
3) Such study shall be published in the local language, in the Offices of Deputy
Commissioner, Assistant Commissioner and Tehsildar and also uploaded on the
Website of the Government.
4) The Government shall complete the study within six months from the date of
commencement of it.

The Assessment study shall examine whether the proposed acquisition of land will be of
public utility and whether any other place has been identified as an alternative, if needed.

The Social Impact Assessment Study report shall be made available to the public in the
manner prescribed under Section 6 of the Act. The
Social Impact Assessment study shall include the following. Namely,

• Assessment as to whether the proposed acquisition serves the public purpose

• Estimation of affected families and the number of families among them likely to be
displaced
• Extent of lands, public and private, houses, settlements and other common properties
likely to be affected by the proposed acquisition;
• Whether the extent of land proposed for acquisition is the absolute bare minimum
extent needed for the project;
• Whether land acquisition at an alternate place has been considered and found not
feasible;
• Study of the social impact of the project, and the nature and cost of addressing them
and the impact of these costs on the overall costs of the project vis-à-vis the benefits of
the project.
• Environmental Impact study, if any, shall also be carried out simultaneously and shall
not be contingent upon the completion of the Social Impact Assessment Study.

The Social Impact Assessment study shall also examine the result of the proposed
project on the livelihood of the affected families, the impact on public and community
properties, civic facilities, roads, public transport sources of portable water, water sheds,
gracing land, plantations, public utilities, food storage godown, educational facilities,
anganwadies, places of worship, power supply and funeral grounds.

The assessment study shall also draw a Social Impact Management Plan by proposing
ameliorative (improvement) measures to minimise adverse impact of the government projects
on the livelihood of the inhabitants in the affected areas.
 In the case of Olga Tellis & Ors. vs Bombay Municipal Corporation & Ors. in 1985
Supreme Court interpreted Art 21 of the Constitution of India. According to Article 21 of the
Constitution of India, 'no person shall be deprived of his life or personal liberty, except,
according to procedure established by law'. interpreted the Fundamental Right to Life to
include the right to livelihood by postulating that a person cannot live without the means of
living. It is a settled principle of law that limitations imposed on the exercise of fundamental
rights should be 'just, fair and reasonable', thereby placing an obligation on government
agencies to disclose information about the intended action and offer an opportunity of being
heard before the deprivation of the right.
Kerala Vyapari Vyavasyi Ekopana vs Union Of India on 1 October, 2020
The Supreme Court states that Social Impact Assessment tools are used to work with,
compile, analyze, and share those impact data once they are collected. Their purpose is to
facilitate how an organization leverages data on an internal level for the benefit of improving
internal processes and also program outcomes.
CONCLUSION: In the LARR Act, Social Impact Assessment is the first step in Acquisition
of land. This body should prepare a Social Impact Management Plan, which out lines how this
impact should be countered and addressed. Such a study is important for projects to be designed
efficiently and equitably and for them to be taken to completion without opposition from the
affected families. The Social Impact Assessment report should contain the need and
recommendation of people.

4. Explain various elements to be considered in determining compensation for land

acquired under land Acquisition Act, 2013
Introduction: This LARR act 2013 enacted to provide fair compensation to the families who
are affected or whose land has been acquired or livelihood has been affected, because of the
land acquisition. In this act not only fair compensation but also to provide adequate provision
for rehabilitation and resettlement of the families affected
Under Section 26 of the Act, (1) the District Collector shall adopt the following criteria in
assessing and determining the market value of the land:

• The market value, if any, for the registration of sale deeds or agreements to sell, as the
case may be in the area, where the land is situated; or
• The average sale price for similar type of land situated in the nearest village or nearest
vicinity area; or
• Consented amount of compensation as agreed upon in case of acquisition of lands for
private companies or for public private partnership projects, which ever is higher.
• The date for determination of market value shall be the date on which the notification
has been issued under Section 11.

As per section 27 of the Act, the Collector, after determination of the market value of the
land to be acquired shall calculate the total amount of compensation to be paid to the land
owner by including all assets attached to the land.
DETERMINATIONF OF AWARD:

Under section 28 of the Act, the District Collector shall take into consideration for
determination of award for the land to be acquired:

• The market value determined and the award amount in accordance with Schedule-I
• The damage sustained by the person interest, for taking of any standing crops and
trees which may be on the land at the time of taking possession of the land

• The damage sustained by the person interested for reason of severing of such land
from the other land;
• The damage sustained by the person interested by reason of the acquisition
injuriously affecting his other property, moveable or immovable in any other manner
or his earnings.

• In consequence of the acquisition of the land, the person interested is compelled to

change his residence or place of business, the reasonable expenses, if any, incidental
to such change;

• The damages, bona fide resulting from diminution of the profits of the land between
the
time of the publication of the declaration;

• Any other ground which may be in the interest of equity, justice and beneficial to
the affected families.

DETERMINATION OF VALUE ATTACHED TO LAND OR BUILDINGS:

Section 29 of the Act deals with the determination of value of things attached to the land or
building, to be acquired under the Notification.

• The District Collector in determining the market value of the building and other
immovable property or assets attached to the land or building which are to be
acquired. For determination of value, the Collector may use the services of a
competent engineer or any other specialists in the relevant field.
• The Collector, for determination of value of trees and plants attached to the land
acquired, use the services of experienced persons in the field of agriculture, forestry,
horticulture, sericulture or any other field;
• The collector for the purpose of assessing the value of the standing crops damaged
during the process of acquisition, may use the services of experienced persons in
the filed of agriculture, as considered by him necessary.
AWARD OF SOLATIUM:

Under Section the Collector having determined the total compensation to be paid, shall, to
arrive at the final award, impose
“Solatium amount” equivalent to 100% of the compensation amount.

• The Collector shall issue individual awards detailing the particulars of

compensation payable and the details of payment of the compensation as
specified in the Schedule.

• In addition to the market value of the land provided, the Collector shall in every
case, award an amount calculated at the rate of 12% on such market value for
the period commencing on and from the date of the publication of the
Notification of the Social Impact Assessment Study in respect of such land till
the date of the award of the Collector or the date of taking possession of the
land, whichever is earlier.

Short Notes

1) Public purpose (***)

In LARR act of 2013 the land acquisition is classifies into three categories:
(1) appropriate government acquire land for its own use and for public purposes;

(2) appropriate government acquires land for Public Purpose projects/ for private
companies for public purpose;
(3) purchases by private companies through private negotiations.

According to the Section 3(za) of the Act, ‘public purpose’ means the activities specified
under Section 2(1), and includes the following:
(a) strategic purposes relating to naval, military, air force, and armed forces of the Union,
including central paramilitary forces or any work vital to national security or defence of
India or State police, safety of the people; or

(b) infrastructure projects, which includes the following, namely:

• projects involving agro-processing, supply of inputs to agriculture,

warehousing, cold storage facilities, marketing infrastructure for agriculture and
allied activities such as dairy, fisheries, and meat processing, set up or owned
by the appropriate Government or by a farmers' cooperative or by an institution
set up under a statute;
 • project for industrial corridors or mining activities, national investment and
manufacturing zones, as designated in the National Manufacturing Policy;

• project for water harvesting and water conservation structures, sanitation;

• project for Government administered, Government aided educational and

research schemes or institutions;

• project for sports, health care, tourism, transportation or space programme;

• any infrastructure facility as may be notified in this regard by the Central

Government and after tabling of such notification in Parliament;

(c) project for project affected families;

(d) project for housing for such income groups, as may be specified from time to time by
the appropriate Government;

(e)

(f) project for planned development or the improvement of village sites or any site in the
urban areas or provision of land for residential purposes for the weaker sections in rural
and urban areas;

(g) project for residential purposes to the poor or landless or to persons residing in areas
affected by natural calamities, or to persons displaced or affected by reason of the
implementation of any scheme undertaken by the Government, any local authority or a
corporation owned or controlled by the State.

When the government acquires land for its own use, hold and control including for any
Public Sector Undertaking (PSU) and for public purpose, the provisions of the Act
relating to acquisition, compensation, rehabilitation and resettlement shall apply.
But where the government acquires land

• for public private partnership projects, where the ownership of the land
continues to vest in the government, for public purpose and

• for private companies for public purpose, the provisions of the Act relating to
land acquisition, consent, compensation, rehabilitation and resettlement shall
also apply.

Under the proviso to Section 2(b), in case of acquisition of land for public private
partnership, the prior consent of at least 70% of the affected families is required and in
case of acquisition of land for private companies, the prior consent of at least 80% of the
affected families is required. Whereas, there is no requirement of prior consent in case the
government acquires land for its own use, hold and control, including for Public Sector
Undertaking.
Further when the government acquires land either

(i) for its own use for a public purpose,

(ii) for a private company for a public purpose or

(iii) for public private partnership for a public purpose, all the provisions of the 2013
Act relating to land acquisition, compensation, rehabilitation and resettlement
shall apply. That is, if the land is acquired by the government for a private
company or for a public private partnership or for its own use, then provisions
of land acquisition shall apply and compensation has to be paid and rehabilitation
and resettlement of the parties shall also to be done. In case of a land acquired
by the government for a public private partnership, the land continues to vest
with the government.

2) 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
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) Preliminary Notification(***)
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.

After issuance of the said notification the concerned Gram Sabha or Sabhas municipalities and the
Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution,
should be informed of the contents of such notification in all cases of land acquisition at a
meeting called especially for this purpose.
Such a notification should also contain a statement on the nature of the public purpose involved,
reasons necessitating the displacement of affected persons, summary of the Social Impact
Assessment Report and particulars of the Administrator appointed for the purposes of
rehabilitation and resettlement.
Once when a notification is issued no person should make any transaction or create any
encumbrances on the land specified in such notification from the date of its publication till the
land acquisition proceedings are completed.
If any person wilfully violates this and enters into any transaction regarding the land which has
been mentioned in the notification the Collector is not be liable to make good the loss
However, in special circumstances the Collector is empowered to exempt such land from the
operation of this subsection, on the application made by the owner of the land so notified such
owner.
After issuance of notification, but before the issuance of a declaration, the Collector should
undertake and complete the exercise of updating of land records within a period of two months.

4) Rehabilation and Resettlement Award

Rehabilitation and Resettlement award for affected families by Collector (sec 31- 39)

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:

a) rehabilitation and resettlement amount payable to the family;

b) bank account number of the person to which the rehabilitation and resettlement
award amount is to be transferred;

c) particulars of house site and house to be allotted, in case of displaced families;

d) particulars of land allotted to the displaced families;

e) particulars of one time subsistence allowance and transportation allowance in case

of displaced families;

f) particulars of payment for cattle shed and petty shops;

g) particulars of one-time amount to artisans and small traders;

h) details of mandatory employment to be provided to the members of the affected

families;

i) particulars of any fishing rights that may be involved;

j) particulars of annuity and other entitlements to be provided;

k) particulars of special provisions for the Scheduled Castes and the Scheduled Tribes
to be provided.
 In case any of the matters specified under clauses (a) to (k) are not applicable to any
affected family the same should be indicated as not applicable.
Further by way of notification the appropriate Government has the power to increase the
rate of rehabilitation and resettlement amount payable to the affected families, taking into
account the rise in the price index.
Provision of infrastructural amenities in resettlement area (sec 32)

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

Power to make corrections to awards (sec 33)

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. This can be done at any time, but not later
than six months from the date of award or before making reference to the Authority under
Sec.64
But any correction which is likely to affect any person prejudicially should not be made
unless such person has been given a reasonable opportunity of making representation in
the matter.
The Collector should give immediate notice of any correction made in the award so
corrected to all the persons interested.
Where any excess amount is proved to have been paid to any person as a result of such
correction the excess amount so paid is to be refunded by the recipient and in the case of
any default or refusal to pay, the same may be recovered from such person.

Case law
State of UP Vs. Abdul Ali, (2017) 3 SCC 108
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.

Power to adjourn enquiry (sec 34)

The Collector has the power to adjourn the enquiry to a day to be fixed by him for any
cause he thinks fit.
Case law
It was held in Secretary of State Vs. Sohan Lal (1918) 60 P.R., that the mere
circumstance that the claim was not made upon the date fixed in the notice does not
deprive Collector of jurisdiction to entertain it. Every Court and every officer exercising
quasi-judicial functions has an inherent jurisdiction and power to grant adjournment
Power to summon and enforce attendance of witnesses and production of documents
(sec 35)

For the purpose of making enquiries the Collector has the powers to summon and enforce
the attendance of witnesses, including the parties interested and to compel the production
of documents in the same manner as is provided in the case of a Civil Court under the
Code of Civil Procedure, 1908 (5 of 1908).
Power to call for records(sec 36)

At any time before the award is made by the Collector the appropriate Government is
empowered to call for any record of any proceedings (whether by way of inquiry or
otherwise) for the purpose of satisfying itself about the legality or propriety of any
findings or order passed or as to the regularity of such proceedings and may pass such
order or issue such direction in that regard. But the appropriate Government should not
pass or issue any order or direction prejudicial to any person without affording such
person a reasonable opportunity of being heard.
Power to take possession of land to be acquired(sec 37)

The Collector has the power u/Sec.38 to take possession of land after ensuring that full
payment of compensation as well as rehabilitation and resettlement entitlements are paid
to the entitled persons within a period of three months for the compensation and a period
of six months for the monetary part of rehabilitation and resettlement entitlements within
the date of award.
But the components of the Rehabilitation and Resettlement Package relating to
infrastructural entitlements should be provided within a period of eighteen months from
the date of the award.
Further in case of acquisition of land for irrigation or hydel project, the rehabilitation and
resettlement should be completed six months prior to submergence of the lands acquired.
The Collector is responsible for ensuring the rehabilitation and resettlement process is
completed in all its aspects before displacing the affected families.
Power to pay additional compensation in case of multiple displacements (sec 39)

The Collector should not displace any family which has already been displaced for the
purpose of acquisition and if so displaced should pay an additional compensation
equivalent to that of the compensation determined for the second or successive
displacements.
 UNIT II
1. Discuss the constitution power and functions of land Acquisition
Rehabilitation and Resettlement Authority.

Introduction: The idea of Land Acquisition in India is based on Eminent Domain. The
state has the right to acquire any private property for the public use. Right to property was
a fundamental right till 1979 when the 44th amendment reduced it to a constitutional or
legal right. As per the amendment, “no person shall be deprived of his/her property save by
the authority of law”. Hence remedy in case of right to property in India is available through
High court and not the supreme court. No law that deprives the right to property can be
challenged. However as per the constitution, no land can be acquired by the state without
compensation. Land Acquisition is a concurrent subject. For fair compensation, amicable
settlement of dispute and rehabilitation and resettlement for this the appropriate government
establishes this 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:
a) land acquisition

b) compensation

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(sec 52)

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 (sec 53)

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

a) District Judge; or
 b) a qualified legal practitioner for not less than seven years.

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 (sec 54)

The Presiding Officer of an Authority will hold the office for a term of three years from the
date on which he enters upon his office or until he attains the age of sixty-five years,
whichever is earlier.
Staff of Authority (sec 55)

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.
Salary and allowances and other terms and conditions of service of Presiding
Officers(sec 56)

The Presiding Officer of an Authority will have salary and allowances and the other terms
and conditions of service (including pension, gratuity and other retirement benefits)
Neither salary and allowances nor the other terms and conditions of service of the said
Presiding Officers are to be varied to their disadvantage after appointment.
Filling up of vacancies (sec 57)

If, for any reason other than temporary absence, any vacancy occurs in the office of the
Presiding Officer of an Authority the appropriate Government has the power to appoint
another person to fill the vacancy and the proceedings will continue before the Authority
from the stage at which the vacancy is filled.
Resignation and removal (sec 58)

The Presiding Officer of an Authority resign his office by giving a notice in writing under
his hand and addressed to the appropriate Government
The Presiding Officer should continue to hold office until:

(a) the expiry of three months from the date of receipt of such notice or

(b) until a person duly appointed as his successor enters upon his office or

(c) until the expiry of his term of office, whichever is earlier

until and unless he is permitted by the appropriate Government to relinquish his office
sooner.
 The Presiding Officer of an Authority should not be removed from his office except by an
order made by the appropriate Government on the ground of proven misbehaviour or
incapacity after inquiry in the case of the Presiding Officer of an Authority made by a Judge
of a High Court in which the Presiding Officer concerned has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of these charges.
By way of rules the appropriate Government has the power to regulate the procedure for
the investigation of misbehaviour or incapacity of such Presiding Officer.
Orders constituting Authority to be final and not to invalidate its proceedings (sec 59)

Order of the appropriate Government appointing any person as the Presiding Officer of an
Authority should not be called in question in any manner, and no act or proceeding before
an Authority should be called in question in any manner on the ground of mere defect in
the constitution of an Authority.

2. Explain the procedure and manner of Rehabilitation and Resettlement under land
Acquisition Act, 2013?

Introduction: under LARR act 2013, the administrator will be appointed by appropriate
government to take care the procedure of acquisition and compensation. For the Rehabilitation
and Resettlement the appropriate Government shall appoint rank of commissioner or secretary
of the Government to rehabilitation and resettlement. (sec 43 -47)
43. Appointment of Administrator. – (1) Where the appropriate Government is satisfied that there
is likely to be involuntary displacement of persons due to acquisition of land, then, the State
Government shall, by notification, appoint in respect of that project, an officer not below the rank of
Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue
Department to be the Administrator for Rehabilitation and Resettlement.
(2) The Administrator shall, with a view to enable him to function efficiently and to meet the
special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by
the appropriate Government and provided with office infrastructure and be assisted by such officers
and employees who shall be subordinate to him as the appropriate Government may decide.
(3) Subject to the superintendence, directions and control of the appropriate Government and the
Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the
Rehabilitation and Resettlement Scheme shall vest in the Administrator.
44. Commissioner for rehabilitation and resettlement. – (1) The State Government shall appoint
an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and
resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and
Resettlement.
(2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and
resettlement schemes or plans and proper implementation of such schemes or plans.
(3) The Commissioner shall be responsible for the post-implementation social audit in consultation
with the Gram Sabha in rural areas and municipality in urban areas.
45. Rehabilitation and resettlement committee at project level.–(1) Where land proposed to be
acquired is equal to or more than one hundred acres, the appropriate Government shall constitute a
Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement
Committee, to monitor and review the progress of implementation of the Rehabilitation and
Resettlement scheme and to carry out post-implementation social audits in consultation with the
Gram Sabha in rural areas and municipality in urban areas.
(2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the
appropriate Government, the following members, namely:—
(a) a representative of women residing in the affected area;
(b) a representative each of the Scheduled Castes and the Scheduled Tribes residing in the
affected area;
(c) a representative of a voluntary organisation working in the area;
(d) a representative of a nationalised bank;
(e) the Land Acquisition Officer of the project;
(f) the Chairpersons of the panchayats or municipalities located in the affected area or
their nominees;
(g) the Chairperson of the District Planning Committee or his nominee;
(h) the Member of Parliament and Member of the Legislative Assembly of the concerned
area or their nominees;
(i) a representative of the Requiring Body; and
(j) Administrator for Rehabilitation and Resettlement as the Member-Convenor.
(3) The procedure regulating the discharge of the process given in this section and other matters
connected thereto of the Rehabilitation and Resettlement Committee shall be such as may be prescribed
by the appropriate Government.
46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons
other than specified persons.—(1) Where any person other than a specified person is purchasing
land through private negotiations for an area equal to or more than such limits, as may be notified by
the appropriate Government, considering the relevant State specific factors and circumstances, for
which the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file
an application with the District Collector notifying him of—
(a) intent to purchase;
(b) purpose for which such purchase is being made; (c) particulars of
lands to be purchased.
(2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction
of all relevant provisions under this Act related to rehabilitation and resettlement.
(3) Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per
the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and
Resettlement entitlements as per the provisions of this Act.
(4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in
full.
(5) Any purchase of land by a person other than specified persons without complying with the
provisions of Rehabilitation and Resettlement Scheme shall be void ab initio:
Provided that the appropriate Government may provide for rehabilitation and resettlement provisions
on sale or purchase of land in its State and shall also fix the limits or ceiling for the said purpose.
(2) If any land has been purchased through private negotiations by a person on or after the 5th day
of September, 2011, which is more than such limits referred to in sub-section (1) and, if the same land
is acquired within three years from the date of commencement of this Act, then, forty per cent. of the
compensation paid for such land acquired shall be shared with the original land owners. Explanation.—
For the purpose of this section, the expression—
(a) ―original land ownerǁ refers to the owner of the land as on the 5th day of September, 2011;
(b) ―specified personsǁ includes any person other than—
(i) appropriate Government;
(ii) Government company;
(iii) association of persons or trust or society as registered under the Societies
Registration Act, 1860 (21 of 1860), wholly or partially aided by the appropriate
Government or controlled by the appropriate Government.
47. Quantification and deposit of rehabilitation and resettlement amount.–Where the
Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and
resettlement can be quantified into monetary amount, he shall allow the payment of such amount into
an account in complete satisfaction of such obligations, which shall be administered by the
Administrator appointed under section 43, under the supervision of the Collector.

3. National Monitoring Committee for Rehabilitation and Resettlement.

Establishment
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 National Monitoring Committee for Rehabilitation and Resettlement is allowed to
associate with eminent experts from relevant fields in addition to the representation of the
concerned ministries and departments of the central and State Govt.
Reporting requirements
With respect to the matters covered under the RFCTLARR Act, 2013 the states and Union
Territories should provide relevant information to the Committee from time to time and as
and when required.
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. Apportionment of compensation under LARR act 2013?

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 Cal 33
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.

Case law
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. In
determining the amount of compensation which may be offered, he has to apportion the amount
of compensation between the persons known or believed to be interested in the land, of whom, or
of whose claims, he has information, whether or not they have appeared before him. But the
scheme of apportionment by the Collector does not finally determine the rights of the persons
interested in the amount of compensation. The award is only conclusive between the Collector
and the persons interested and not among the persons interested. The Collector has no power to
finally adjudicate upon the title to compensation – Dr.G.H. Grant Vs. State of Bihar AIR 1966
SC 237

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. If there be no

person competent to alienate the land or iii. If there be any dispute as to the title to receive the

compensation or as to the apportionment of it.

In the aforesaid circumstances the Collector should deposit the amount of the compensation in the
Authority.
Any person admitted to be interested may receive such payment under protest as to the
sufficiency of the amount.
Further no person who has received the amount otherwise than under protest is entitled to make
any application to the Authority.
Investment of money deposited in respect of lands belonging to person incompetent to alienate

If any money is deposited in the Authority concerned and it appears that the land for which
compensation was awarded belonged to any person who had no power to alienate the same, the
Authority concerned should:
 a) order the money to be invested in the purchase of other lands to be held under the like title
and conditions of ownership as the land in respect of which such money should have been
deposited was held; or

b) if such purchase cannot be effected forthwith, then in such Government of other approved
securities and should also direct the payment of the interest or other proceeds arising from
such investment to the person or persons who would have been entitled to the possession of
the said land, and such moneys should remain so deposited and invested until the same is
applied

(i) in the purchase of such other lands as aforesaid; or

(ii) in payment to any person or persons becoming absolutely entitled.

In all cases of money deposited the Authority concerned should order the costs of the following
matters, including therein all reasonable charge and incidental expenses, to be paid by the
Collector, namely:
a. the costs of such investments as aforesaid;

b. the costs of the orders for the payment of the interest or other proceeds of the
securities upon which such moneys are for the time being invested, and for the
payment out of the Authority concerned of the principal of such moneys, and of all
proceedings relating thereto, except such as may be occasioned by litigation
between adverse claimants.
 UNIT III
1. Explain the Constitution and power of the Revenue Officer after under the
Karnataka Land Revenue Act, 1964?
INTRODUCTION: Revenue courts deal with cases of land revenue in the state. The
Board of Revenue is the district’s highest revenue court, followed by the
Commissioners’, Collectors’, Tehsildars’, and Assistant Tehsildars’ Courts. The Board
of Revenue is in charge of hearing final appeals from the lower revenue courts. The
primary goal of these courts is to address all issues relating to land revenue, as well as
issues affecting agricultural land boundaries and tenancy. Suits referred to here include
succession, land transfer, the partition of holdings, demarcation of boundaries, removal
of encroachments, eviction of trespassers, and declaratory suits in several states. In any
case, such lawsuits do not fall under the jurisdiction of civil courts.
Sec. 3 to 23 deal with the division of revenue areas, revenue authorities, survey
authorities and other officers.
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 officer’s subordinate to him.
The Regional Commissioner exercises the powers and discharge duties conferred
and imposed on him or under the Act and also by the State Govt.
1. 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.
2. 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.

3. 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

1
duties conferred on him under the Act or any other Law and also the powers and
duties of the Deputy Commissioner under the Act.
4. 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.
5. 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.

6. 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.
7. 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.
8. 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.

2
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.
9. 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

3
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.
Modes of Inquiry

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.
Every decision or order after formal inquiry shall contain full statement of grounds
and a certificate has to be attached in this regard
Summary inquiry

In summary inquiry the officer conducting such inquiry shall record in his own hand
either in Kannada or English or in any other language of the Taluk or village the
summary of the evidence and a minute of the proceedings containing material
averment made by the parties interested and also the decision and the reasons for
the same.
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.
In case where neither the parties nor their recognized agents are present in the Court
when the order is pronounced the substance of the order containing the decision
should be sent to such party or recognized agent

4
 Where the party fails to appear in the proceedings despite due notice of the same
the proceedings should be held in his absence or dismissed for default and when
once such an order has been made the party can apply for getting that order set aside
by furnishing any sufficient cause.
In case Venkatalakshmamma v Assistant Commissioner and Special Divisional
Magistrate and Another, 1978(2) Kar L.J.24
Besides, giving opportunity to the parties to adduce evidence would mean not only
recording the evidence of the parties or the witnesses, but also giving opportunity
to both the parties to cross-examine the witnesses.
In Ganapathi Devaru Bhat v Land Tribunal, Sirsi and Others, 1983(1) Kar.
L.J. 469:
The statement of a witness recorded by land Tribunal is evidence with a Section 34
of the Act, though not signed by the witness.

2. Explain the Constitution and Power of the Karnataka Revenue Appellate

Tribunal?
OR
Revenue Appellate Tribunal

The Karnataka Appellate Tribunal (KAT) situated in Bengaluru, Karnataka, which was
constituted under the Karnataka Appellate Tribunal (KAT) Act, 1976 passed by the
Karnataka State Legislature. The KAT hears and decides appeals against orders of
competent authorities under the Karnataka Land Revenue Act, 1964;
CONSTITUTION OF TRIBUNAL
1.As per Section 40 of the Karnataka Land Revenue Act, the state government shall, by
way of notification, constitute an appellate tribunal that shall be called the ‘Karnataka
Revenue Appellate Tribunal.’
2. The Tribunal shall consist of six members, all of whom shall be appointed by the
state government.
3. The first member shall be the chairman, who shall be an officer with a rank no less
than regional commissioner.
4. Three members shall be district court judges.
5. Rest of the two members shall be officers having experience in matters of revenue
administration. Their rank shall be no less than regional deputy commissioners.
6. In case there’s any increase in the workload of the tribunal, the state government can
appoint additional members with the same qualifications for a specified period

POWER AND FUNCTION OF THE TRIBUNAL:

5
 The Tribunal shall have the powers of Civil court and a single member may exercise
power to admit an appeal or a revision petition, issue stay orders or pass any
interlocutory orders. Under Section 41 of the Act, the power of the Tribunal in all
matters relating to appeals, revisions and other proceedings, shall be exercised by Bench
of two members. Where a Bench comprising two or more members hears a matter its
decision shall be that of the majority. Where a Bench of two members differs in its
opinion on any point, in case, a third member shall hear that point only and the decision
shall be of majority of members. 23 The headquarters of the Tribunal shall be at
Bangalore. The Tribunal may have sittings at such places as the Chairman of the
Tribunal may specify.
REVIEW POWERS:
The Tribunal may either on its own motion or on the application of any party affected,
review any order passed by itself and pass such orders in reference thereto as it deems
fit. Provided:
1) That no order shall be varied or reversed unless notice has been given to the
other parties affected; and
2) That no order affecting any question of right between private persons shall be
reviewed except on the application of the party affected.
3) That every application for a review of the order shall be made within a period
of 90 days from the date of order.
4) That the provision in the Limitation Act, 1963 shall apply to an application for
review. Every division of the Tribunal shall be final and shall not be called in question
in any court.
POWERS OF THE TRIBUNAL:
The Tribunal may do all or any of the following: namely,
1) Call for returns from the authorities subject to its jurisdiction;
2) Issue general directions and prescribe forms for regulating the practice and
proceedings of such authorities.
APPEAL AND REVISION (SECTION 49): An appeal shall lie from every original
order passed under this Act or the rules made thereunder:
a) If such an order is passed by the Revenue Officer subordinate to the Assistant
Commissioner.
b) If such order is passed by Assistant 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 passed by a Survey Officer below the rank of Assistant Director to
the Assistant
Director of Land Records or Assistant Director for Settlement;

6
f) If such an order passed by a Survey Officer of the rank of Assistant Director to the
Director of
Land Records or Joint Director for Settlement;
g) If such an order passed by the Joint Director of Land Records or Joint Director for
Settlement, to the Director of Survey and Settlement and Land Records;
h) If such an order passed by the Director of Survey, Settlement and Land Records, to
the Tribunal.
In K. Bidare Group Panchayat v State of Karnataka, ILR 1973 Kar. 101
The proviso to Section 41(3) of the Act does not give any discretion for the
third member to refer the matter back to the Chairman nor does it give any
jurisdiction to the Chairman to constitute another Bench for rehearing the matter. It
is immaterial if any of the members who first heard the case was transferred in the
meanwhile.

In M.Maneklal v B.V. Gurunath, 1969(1) Mys.L.J.622

The Court held that the party who can apply for review under Section 44 of the
Act, is the person who was a party to the proceedings in which the order was
made. Hence a person who was not a party to the proceeding cannot seek a
review of that order under Section 44(1)
In Sanjeevaiah v Karnataka Revenue Appellate Tribunal,
Where an order was sought to be reviewed under Section 44 of the Act, it would
be obligatory for the Tribunal to issue notice to all the persons in the appeal.

3. “All land liable to pay land revenue unless specially exempted’ Explain?
OR
Define Land Revenue, Discuss the process of recovery of land arrears?
OR
land revenue

Land revenue means all sums and payments in money or in kind claimable by the
Government form any person on account of land held by him and includes any tax, cess
and rate payable under any law. (Sec 80 to 90)

Sec.80. all land liable to pay land revenue unless specially exempted :-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.

7
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 up to one acres. Where such
type of land is beyond one acre then it shall be at the disposal of the Deputy
Commissioner.
Sec. 82. 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-agriculture 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.
The Tahsildar or a Survey Officer have the power to prohibit the use for certain
purposes of any land liable to the payment of land revenue and may summarily evict
any holder or other person who uses or attempts to use the same for any such
prohibited purpose.
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

8
Beyond the one acre of land such land will be at the disposal of the Deputy
Commissioner

Method of Revenue Assessment

1. Land used for non-agriculture purposes if used for agriculture is liable to land
revenue

i.e., non-agriculture land used for agriculture will be treated on par with agri lands

Case Law
In 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.
In M/s. Mysore Feeds Ltd. Vs. State of Karnataka, ILR 1988 KAR 889 it was held
as follows:

“A reading of Sections 83 and 95(2) of the Revenue Act indicates that levy of land
revenue on a land does not necessarily lead to the inference that it is agricultural
land. A land not used for any purpose, may still be levied with land revenue and in
case such a land is sought to be used for non-agricultural purposes, Section
95(2)operates, requiring permission.
A land which is agricultural may cease to be used for agriculture for various reasons.
Theoretically, such a land may be capable of being used for agriculture and may
fall within the definition of 'land' defined in Section 2A(18) of the Karnataka Land
Reforms Act. But, the definitions are always subject to context and should be read
in a practical mariner.
In the absence of any specific finding that these lands were being used as
agricultural lands, the Special Deputy Commissioner erred in assuming them to be
agricultural lands by the sole fact that the petitioner sought permission for using the
lands for non-agricultural purposes under Section 95(2) of the Land Revenue Act.”
Assessment by whom to be fixed

The assessment of the amount to be paid as land revenue on all lands which are not
wholly exempt from the payment of land revenue, and on which assessment has not
been fixed, should be fixed by the Deputy Commissioner, for a prescribed period
and the amounts due according to such assessment should be levied on all such
lands.
In the case of lands partially exempt from land revenue, or the liability of which to
the payment of land revenue is subject to special conditions or restrictions, regard
should be had in the fixing of the assessment and the levy of the revenue to all rights
legally subsisting according to the nature of the said rights.
Further where any land which was wholly or partially exempt from payment of land
revenue has ceased to be so exempt, it will be lawful for the Deputy Commissioner
to fix the assessment of the amount to be paid as land revenue for such land, with

9
effect from the date on which such land ceased to be so exempt or any subsequent
date.
After the expiry of the period for which the assessment of any land is fixed the
Deputy Commissioner has the power to revise it from time to time. The assessment
so revised should be fixed each time for such period not exceeding the maximum
prescribed.
Register of alienated lands

The Deputy Commissioner should keep a register of all lands the alienation of
which has been established or recognised and when it shall be shown to the
satisfaction of the Deputy Commissioner that a sannad granted in relation to any
such alienated lands has been permanently lost or destroyed, he may, grant to any
person whom he may deem entitled to the same, a certified extract from the said
register for a certain fees This certified extract should be endorsed by the Deputy
Commissioner to the effect that it has been issued in lieu of the sannad which has
been lost or destroyed, and should be deemed to be as valid a proof of title like the
said sannad.
Settlement of assessment with whom to be made

The settlement of the assessment of each portion of land or survey number to the
land revenue should be made with the person who is primarily responsible to the
State Government for the same.
harge on the land Land Revenue to be a paramount c

Arrears of land revenue due on account of the land by any land holder will be a
paramount charge on the holding, failure to pay this will make the occupancy or
the holding liable to forfeiture along with all rights of the occupant or holder over
all trees, crops, buildings and things attached to the land or permanently fastened to
anything attached to the land, and the Tahsildar is empowered to make an order in
this behalf.
On the making of an order of forfeiture as above, the Tahsildar may, levy all sums
in arrears, by sale of the occupancy or the holding or otherwise dispose of such
occupancy or holding.
Unless the Tahsildar otherwise directs such occupancy or holding, when disposed
of, whether by sale or otherwise will be deemed to be freed from all tenures, rights,
encumbrances and equities created by the occupant or holder or any of his
predecessors in title in favour of any person other than the Government or in any
way subsisting against such occupant or holder. But such an action will not affect
the rights of kadim tenants or permanent tenants in alienated holdings in respect of
such occupancy or holding.
Forfeited holdings may be taken possession of and otherwise disposed

10
In the event of the forfeiture of the holding through any default in payment the
Tahsildar is empowered to take immediate possession of such holding and it dispose
of handing it over to purchaser or any other person.
Receipts

Every Revenue Officer receiving payment of land revenue should give a written
receipt for the same at the time when such payment is received by him.
Every superior holder who is entitled to receive any sum due on account of the rent
or land revenue from an inferior holder should give him a written receipt for the
same at the time when such sum is received by him. Penalty for failure to grant
receipts
If any person is found contravening the previous provision will be liable to pay a
fine specified by the Deputy Commissioner which should not be exceeding three
times the amount received for which a receipt was not duly granted. However before
imposing such penalty a summary enquiry should be conducted by the Deputy
Commissioner.

4. Explain the provisions regarding record of Right Karnataka Land

Revenue Act, 1964?
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.
The 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.

According to Law regarding 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

11
& 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).

On the same lines the Punjab & Haryana High Court has held that the entries can
neither be treated as primary nor secondary evidence in a transaction of sale (State
of Haryana Vs. Visakhi Ram & Ors. 1987, LACC 510(P&H); Mani Ram & Ors.
Vs. State of Haryana & Ors. 1990 LACC 481 (P&H).
However, the record of rights maintained in official course of business is a reliable
piece of
Evidence in a suit for partition between brothers (Digambar Adharpatil Vs.
Devram Girdhar
Patil (Died) & Anr. AIR 1995 Supreme Court 1728)

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

i) Check and verification; ii) Decision of disputes;

and iii) Enquiry into and disposal of appeals

b) Second Stage – the measurement, mapping and apportionment of

assessment of sub-divisions;
c) Third Stage – the preparation of the final Record of Rights; and

d) Fourth Stage – the subsequent maintenance of the Record of Rights

including:

i) Recording of mutations;

ii) Check and certification of entries in the Mutation

Register; iii) Decision of disputes; iv)

Enquiry into and disposal of appeals;

v) Measurement of new hissas and incorporation of the results of

survey in the Record of Rights

12
 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. Discuss the salient feature of Karnataka Land Revenue Act, 1964?

Introduction: This act came into force on 6th March 1964. The Act enacted to
consolidate and amend the law relating to land and the land revenue administration in
the State of Karnataka. This Act declares under section 3 that the state government shall
be the Chief Controlling Authority in all the matters connected with land and land
revenue administration of the State.
This Act contains 202 Section and 15 chapters. This Act has been amended several time
keeping in view of needs of the changing society.
The preamble of the Act provides clearly that the law relating to land revenue
administration in respect of assessment and recovery of land revenue and all ther
connected matters with relation to revenue administration.
Chapter II of this Act provides constitution of powers of the revenue officer
Chief Controlling Authority is the State Government in all matters connected with land
and Land Revenue Administration (Section 3)
Each District, a Deputy Commissioner who exercise all the powers and discharge duties
relating to land and its revenue.(Section 8)
Chapter III provides procedure of revenue officer to inquire into or to inquire into or to
determine any questions arising, for determining between the State Government and
any person or between any parties to any proceedings and transfer of cases. Etc.
Chapter IV of the Act, provides for ceiling on land holdings.
Chapter V impose restrictions to purchase or possess over agricultural lands.
Chapter VI to IX has the provisions relating to agrarian reforms, i.e., Chapter VI
provides provisions for cultivations of uncultivated lands (Section 84-88)
Chapter VII gives Co-operative farms (Section 89-102)
Chapter IX provides for the procedure and jurisdiction of tribunals and Courts along
with appeals to it.
Chapter X provides offences and penalties related to the land reforms.
Chapter XI provides Miscellaneous provisions.

6. Boundaries and Boundary Marks

The boundaries of villages, survey numbers, sub--divisions of survey numbers or
holdings shall be fixed and all disputes relating thereto shall be determined, by Survey

13
Officers or by such other officers as may be appointed by the State Government for the
purpose in accordance with the provisions of this Chapter and the Rules, if any, made
in this behalf.

Section 138 - Settlement of village boundaries by agreement

When in any two or more adjoining villages one or more Panchayats are
established under the1[Karnataka] Village Panchayats and Local Boards Act, 1959, and
such Panchayat or Panchayats agree to any given line of boundary as the boundary
common to their respective villages, the officer determining the boundary shall record
such agreement and get it duly signed by the Chairman, Vice--Chairman or the
members of the Panchayats concerned, as the case may be. The officer determining the
boundary shall then mark off the boundary in the manner agreed upon. Any village
boundary so marked off shall be deemed to be finally settled.

Section 139 - Procedure in case of disagreement or dispute

(1) If in any two or more adjoining villages, one or more Panchayats are
established under the1[Karnataka] Village Panchayats and Local Boards Act, 1959, and
such Panchayat or Panchayats do not agree to fix the boundaries of their respective
villages in the manner prescribed in section 138, or if there be any pending dispute
regarding the boundary, the officer determining the boundary shall make a survey and
plan of the ground in dispute, showing the land claimed by the contending parties and
all particulars relating thereto and shall, after a formal inquiry into the claims of the said
parties decide the boundary of the respective villages.
(2) If the officer deciding the boundary is the1[Joint Director of Land Records],
his decision, and in any other case, subject to an appeal to the1[Joint Director of Land
Records], the decision of the officer deciding the boundary under sub-section (1) shall
be final.

Section 140 - Determination of boundaries of lands forming a survey number or a

holding (1) At the time of a survey, the boundary of a survey number, a sub--
division of a survey number or a holding, --

(a) if undisputed, shall be recorded and marked as pointed out by the holder or person
in occupation, and
(b) if disputed, or if the holder or person in occupation be not present, shall be fixed by
the Survey Officer, in accordance with the land records relating to the land and after
making such inquiry as he considers necessary.

14
(2) If any dispute arises concerning the boundary of a holding which has not been
surveyed, or if at any time after the completion of a survey, a dispute arises concerning
the boundary of a survey number, a sub--division of a survey number or a holding,
the1[Tahsildar] shall decide the dispute having due regard to the land records, if they
afford satisfactory evidence of the boundary previously fixed, and if not, after such
inquiry as he considers necessary.

Section 141 - Settlement of boundary dispute by arbitration

(1) If the several parties concerned in a boundary dispute agree to submit the
settlement thereof to arbitration and make an application to that effect in writing, the
officer whose duty it would otherwise be to determine the boundary, shall require the
said parties to nominate a sole arbitrator or an arbitration committee of three persons,
within the specified time, and if within a period to be fixed by the said officer, the sole
arbitrator or the arbitration committee so nominated or a majority of the members
thereof arrive at a decision, such decision, when confirmed by the said officer, or if the
said officer be a Survey Officer lower in rank than a1[Joint Director of Land Records],
by the1[Joint Director of Land Records], shall be final:
Provided that the said officer, or the1[Joint Director of Land Records], shall have the
power to remit the award or any of the matters referred to arbitration, to the
reconsideration of the arbitrator or the committee, as the case may be, for any of the
causes set forth in section 16 of the Arbitration Act, 1940 (Central Act 10 of 1940).
(2) If the sole arbitrator or the arbitration committee fail to effect asettlement of the
dispute within the time specified, the officer aforesaid or if the officer is a Survey
Officer lower in rank than a1[Joint Director of Land Records], the1[Joint Director of
Land Records] may either extend the time or settle the dispute as otherwise provided in
this Act.
Section 142 - Effect of the settlement of a boundary
(1) The settlement of a boundary under this Chapter shall be determinative, --
(a) of the proper position of the boundary line or boundary marks, and
(b) of the rights of the land--holders on either side of the boundary fixedin
respect of the land adjudged to appertain or not to appertain, to their
respective holdings.

15
(2) Where a boundary has been so fixed, the1[Tahsildar] may at any time summarily
evict any land--holder, who is wrongfully in possession of any land which has been
adjudged in the settlement of a boundary, not to appertain to his holding or to the
holding of any person through or under whom he claims
Section 143 - Construction and repair of boundary marks

(1) Any Survey Officer authorised by a1[Joint Director of Land Records] or a Deputy
Commissioner for Settlement, as the case may be, may specify or cause to be
constructed, laid out, maintained or repaired, boundary marks of villages or survey
numbers or sub--divisions of survey numbers, whether cultivated or uncultivated and
assess all charges incurred thereby, on the holders or others having an interest therein.
(2) Such officer aforesaid may require land--holders to construct, lay out,maintain, or
repair, their boundary marks by a written order which shall be affixed in the chavadi or
other public place in the village to which the lands under survey belong, directing the
holders of survey numbers or sub--divisions of survey numbers to construct, lay out,
maintain or repair, within a specified time, boundary marks on their respective survey
numbers or sub--divisions.
(3) On the failure of the land--holders to comply with the requisition made under sub-
section (2), the Survey Officer shall construct, lay out or repair the boundary marks and
assess all charges incurred thereby on the holders or others having an interest therein.
(4) A general order, issued in the manner specified under sub-section (2) shall be held
to be good and sufficient notice to each and every person having any interest in any
survey number or sub--division within the limits of the lands to which the survey
extends.

Section 144 - Description of boundary marks

The boundary marks shall be of such description, and shall be constructed, laid
out, maintained or repaired, in such manner and shall be of such dimension and
materials as may, subject to rules made by the State Government in this behalf, be
determined by the1[Joint Director of Land Records] or any other officer appointed for
the purpose.

Section 145 - Responsibility for the maintenance of boundary marks

16
 Every land--holder shall be responsible for the maintenance and good repair of
the boundary marks of his holding, and for any charges reasonably incurred on account
of the same by the Revenue Officers in case of alteration, removal or disrepair. It shall
be the duty of the village accountant and officers and servants of the Panchayat to
prevent the destruction or unauthorised alteration of the village boundary marks.

Section 146 - Deputy Commissioner to have charge of boundary marks

after introduction of the survey settlement

After the introduction of survey settlement in a district, the charge of the

boundary marks shall devolve on the Deputy Commissioner and it shall be his duty to
take measures for their construction, laying out, maintenance and repair, and for this
purpose, the powers conferred on Survey Officers by section 142 and section 143 shall
vest in him.

Section 147 - Penalty for injuring boundary marks

(1) Any person wilfully erasing, removing or injuring a boundary mark, or

unauthorisedly constructing a boundary mark, shall, after a summary inquiry before
the1[Tahsildar], or before a Survey Officer holding a Gazetted rank, be liable to a fine
not exceeding fifty rupees for each mark so erased, removed, injured or unauthorisedly
constructed.
(2) The fine imposed under sub-section (1) shall be recovered as an arrear of land
revenue and out of it an amount not exceeding one half may be awarded by the officer
imposing the fine to the informer, if any.

17
 UNIT IV
1. Discuss the features of Karnataka Schedule Caste and Scheduled Tribes
(Prohibition of Transfer of certain lands) Act.
INTRODUCTION

The Act may be called as the Karnataka Scheduled Castes and Scheduled Tribes
(Prevention of transfer of Certain Lands) Act, 1978. This Act are for giving effect to
the policy of the State towards securing the principles laid down in Article 46 of the
Constitution.

PROHIBITION OF TRANSFER OF GRANTED LANDS (SEC.4):

This Act protects the members of the Schedule Caste and Scheduled Tribes from
transfer of lands granted to them by the Government under any scheme. The Act forbids
transfer of such land by way of gift, sale, exchange, lease, mortgage, etc. However, this
Act does not forbid transfer of granted land, if such transfer is the result of an intestate
succession or a partition among the members of the family. Where a grantee desires to
transfer a land granted by the government, he may do so only with the previous
permission of the government. The prohibition contained in this Act, shall also extent
to the sale of the granted land in execution of a decree or order of a Civil Court or an
award or an order made by a statutory body.

RESUMPTION & RESTITUTION OF GRANTED LANDS:

Under Section 5 of this Act, the Assistant Commissioner is empowered to take

possession of the granted land wrongfully transferred and restore it to the original
grantee, as and reported to him as transferred in contravention of this Act. The Assistant
Commissioner may do so after satisfying himself of the veracity of such information
received by him or suo motu and declare its sale as null and void. He may make such
order only after giving the informant a reasonable opportunity of presenting his case in
person. 31 The Assistant Commissioner shall thereafter restore the granted land to the
original grantee or his legal heirs, as the case may be. In case the heirs are either
nonexistent or untraceable, such land shall vest with the Government as unencumbered
property. In such an event, the government may grant such land to any person belonging
the Scheduled Caste or Scheduled Tribe under any of the rules framed by it. On the
contrary, the Assistant Commissioner may, if he is so satisfied, declare the sale as
legitimate. Any order passed by the Assistant Commissioner under the Section becomes

18
final, if the Deputy Commissioner also endorses it. In that event such order is not
questionable in any court of law nor would qualify for any civil injunction. Where any
person other than the original grantee or his legal heirs, under this Act is in possession
of the granted land shall become invalid until such possession is successfully defended
by him.

APPEAL TO THE DEPUTY COMMISSIONER (SECTION 5-A):

Where the Assistant Commissioner declares the sale of granted land as null and
void, the purchaser of such land may appeal against such order before the Deputy
Commissioner. He may admit such appeal, if it is made before him within a period 3
months from the date of order communicated to him, unless a Writ Petition has been
preferred against such order in High Court. The Deputy Commissioner shall dispose of
the appeal in the prescribed manner and the order passed by him shall be final.

PROHIBITION OF REGISTRATION OF GRANTED LAND (SEC.6):

After commencement of this Act, no registering Officer shall accept for

registration any document relating to the transfer of , or to the creation of any interest
in, any granted land included in a list of granted lands furnished to the registering officer
except where such transfer is in accordance with this Act or the terms of the grant of
such land or the law providing for such grant. However, the Assistant Commissioner
may transfer granted land favour the State or Central Government, a Municipality or a
bank either before or commencement of this Act. This section empowers the Assistant
Commissioner to restore a granted to the government. A person who acquires any
granted land shall become liable to conviction and imprisonment or fine or both. This
section treats transfer of granted land to a non-government body or to a bank without
the 32 permission of the government, as an offence that may be taken up suo motu by
the law enforcement authority.

PROTECTION OF ACTION TAKEN IN GOOD FAITH (SEC.9):

No suit, prosecution or other legal proceedings shall lie against any person or officer
for anything which is, in good faith done or intended to be done in pursuance of this
Act or any rules made thereunder. No suit or other legal proceedings sha..any or likely
to suffered by virtue of any provision of this Act or for anything which is good faith
done or intended to be done in pursuance of this Act or any rules made thereunder.

19
2. Who is a tenant? Explain the provision for the conformation of ownership of
tenant?
OR
Tenant and Deemed tenants.
“tenant”: Section 2(A)(34) of the Karnataka Land Reforms Act, 1961 deals with
“Tenant”. Tenant means an agriculturist who cultivate personally the land he holds on
lease from a landlord and includes.-

i. A person who is deemed to be a tenant under section 4;

ii. A person who was protected from eviction from any land by the Karnataka
Tenants (Temporary Protection from eviction) Act, 1961;
iii. A person who cultivates personally any land on lease under a lease created
contrary to the provisions of Section 5 and before the date of commencement of
the Amendment Act;
iv. A person who is a permanent tenant; and
v. A person who is a protected tenant.

In Shiddappa and another v State of Karnataka and others 2000(3) Kar.L.J. 242:

Where lease was for specified period and tenant was holding possession of land
even after expiry of the period specified beyond appointed day i.e., 1-3-1974. Since
possession of tenant on 1-3-1974 was lawful, land is liable to be held as tenanted land
liable to vest in State Government and tenant to be held deemed tenant entitled to
occupancy in respect of land.

In Venkanna Naik v Land Tribunal and others, 1987(2) Kar.L.J.337(DB):

Bequeathing tenant’s interest by will, the statute has pre-emptorily provided

succession which cannot be defeated by tenant by bequeathing his interest. No person
can be called a tenant unless he cultivates land personally, when a tenant cannot
bequeath right of tenancy, person claiming benefit under such a Will cannot be termed
as a tenant, such person no entitled to grant of occupancy rights.

Persons to be deemed tenants

Under Sec.4 a person who is lawfully cultivating any land belonging to another
person is deemed to be a tenant if such land is not cultivated personally by the owner
and if such person is not:

20
 (a) a member of the owner’s family, or

(b) a servant or a hired labourer on wages payable in cash or kind but not in
crop share cultivating the land under the personal supervision of the owner or any
member of the owner’s family, or

(c) a mortgagee in possession

However, in case if the owner makes an application within one year from the appointed
day and the Tribunal declares that such person is not a tenant and its decision is not
reversed on appeal or the Tribunal refuses to make such declaration but its decision is
reversed on appeal then in that case such person should not be deemed to be a tenant.

In Gurupadayya Nagayya v Mahadu Arjun, AIR 1976 Kant.66;

Section 4 is applicable to cases where relief of injunction is claimed in disputes

connected with agrarian relations and has no application to suits for enforcement of
easement right or right of that nature.

Where the plaintiff claimed that by virtue of an agreement entered into between
the parties, plaintiff had acquired the right to convey water for irrigating his land
through the land of the defendants, a suit to prevent infringement of a right of this nature
is not one to which this has any application. The power of granting interim injunction
Ex parte has to be exercised with great caution by civil Courts. The Court held that the
Trial Court was justified in making the order of temporary injunction ex parte.

In kanthu v Land Tribunal, Siddapur, Uttar Kannada and Others, 2001(2)

Kar.L.J.477-B:

Deemed tenancy is available only in the case of tenant who is lawfully

cultivating the lands. Admittedly in the case on land the real owner, the Mutt has not
permitted or granted the respondent to cultivate the land belonging to Mutt.

The claim by person cultivating land is sustainable only if possession and

cultivation of land by person is without authority of real owner of land, claim for
deemed tenancy on basis of such cultivation being carried on is not sustainable.

‘Protected tenant’: Section 2(A)(27) of the Karnataka Land Refoms Act, 1961
deals with “protected tenant” means a tenant of any land if he has held continuously
and cultivated it personally for a period of not less than 12 years prior to the appointed
day, includes,-

21
(i) in the Belgaum Area, a person who was recognised to be a protected tanant
under Section 4-A of the Bombay Tenancy and Agricultural Lands Act, 1948.as
in force in that area before the appointed daya and ;
(ii) in the Gulbarga Area, a person who has deemed to be a protected tenant under
the Hyderbad Tenancy and Agricultural Lands Act, 1950 as in force in that area
before the appointed day.

3. What is granted Land? Resumption and Restitution of granted lands?

Sections 77 and 77-A of the Act provides that Government's power to grant land.
Section 77. (1) Surplus land vesting in the State Government under this Act, land
directed to be disposed of under Section 45(3), Section 58, Section 60, the land vesting
in the State Government under Section 79-A, Section 79-B or under any other
provisions of this Act. Subject to reservation of 75% thereof for grant of persons
belonging to the Scheduled Castes and Scheduled Tribes and subject to such restrictions
and conditions as may be prescribed in this behalf, be granted by the Deputy
Commissioner or any other officer authorised by the State Government in this behalf to
the following persons to the extent and in the manner as may be prescribed:
(i) Dispossessed tenants who are not registered as occupants;

(ii) Displaced tenants having no land;

(iii) Landless agricultural labourers;

(iv) Landless persons or other persons residing in villages in the same panchayat
area whose gross annual income does not exceed IRS. 20,000/- and ex-military
personnel, whose gross annual income does not exceed Rs. twenty-two
thousand;

(v) Released bonded labourers.

(2) The lands reserved for persons belonging to the Scheduled Castes and Scheduled
Tribes shall be granted in accordance with such rules as maybe prescribed.

(2-A) Notwithstanding anything in any law, no land granted under this section shall be
transferred by the grantee or his legal representatives for a period of 15 years from the

22
date of the grant except by way of mortgage in favour of a financial institution and for
the purposes specified in Section 61(2),

(2-B) The Deputy Commissioner or the authorised officer shall forward a copy of the
order granting land under this section to the concerned Sub-Registrar who
shall, register the same.

(3) Notwithstanding anything contained in Section 77(1), the State Government may,
if it considers that any land vesting in it is required for any public purpose, reserve such
land for such purpose.

Section 77-A. Grant of land in certain cases.-—

(1) Notwithstanding anything contained in this Act, if the m,uty Commissioner, or if

any other officer authorised by the State Government in this behalf is satisfied after
holding such enquiry as he deems fit, that a person.--—

(i) was, immediately before 1st March, 1974, in actual possession and cultivation of
any land not exceeding one unit, which has vested in the State Government under Sedon
44; and

(ii) being entitled to be registered as an occupant of such land under Section 45 or 49,
has failed to apply for registration of occupancy rights in respect of such land under
Section 48-A(I) within the period specified therein; and

(lii) has continued to be in actual possession and cultivation of such land on the date of
commencement of Karnataka Land Reforms (Amendment) Act, 1997,

he may grant the land to such person subject to such restrictions and conditions and in
the manner, as may be prescribed:

Provided that the land so granted together with the land already held by such person
shall not exceed 2 hectares of 'D' Class of land or its equivalent thereto,

(2) provisions of Section 77(2-A) and 77(2-B) and the provisions of Section 78 shall
apply Mutatis mutandis in respect of grant of land under sub-section (1).

In Smt, Nagamma and Another v State of Karnataka and Others, 2001(5) Kara
L.J. 548:

An application in Form 7-A for eligibility of applicant who has already been
conferred with occupancy rights under Section 48-A of the Act .Y respect of some other

23
lands, on basis of his application in Form Previously made by the applicant, held that
he is ineligible for making of application therefor in Form 7-A, amounts to making
grant, second application for occupancy rights in respect of additional land not claimed
in previous application in Form 7.

The law contemplates making of only one application giving therein particulars
of all lands held by applicant in any capacity, and order disposing of such application
bars further applications being made.

Order passed by Assistant Commissioner making grant without proof that

applicant was in possession and cultivation of land immediately before 1-3-1974, is
illegal and liable to be set aside. The Assistant Commissioner has not applied his mind
on the aspects of the above mentioned.

In Nijalingappa v Siddappa Mallappa Gadigeppgol and Others, 2002(1) Kar. L.J.

234A:

Where applicant is already in possession and cultivation of lands exceeding two

units, and land, for which he has applied was not in his possession or cultivation
immediately before 14-1974. Held, the applicant is not entitled to grant.

In Shankar and Another v Madhukar Bandopant Kulkarni and Another, 2000(2)

Karo L.J. 422B:

Under Section 77-A, the Deputy Commissioner is not empowered to grant

occupancy rights with respect to the land of which a person claims to be a cultivator.

The Chapter Ill of the Act deals with conferment of ownership of tenants of the
lands through the grant of occupancy rights with respect thereto in the first instance,
whereas Section 77-A, simply empowers the Deputy Commissioner or the Special
Deputy Commissioner to "grant the land" to a person who fulfills the requirement of
Section 77-A(1)(i) and (iii). The grant of land within Section 77-A cannot be equated
to the grant of the occupancy rights in the manner contemplated by Chapter Ill of the
Act.

Bar to Civil Court's jurisdiction contemplated in Section 133 of 77-A the Of Act theis
not applicable to proceedings for grant of land under Section

24
4. Explain the restriction on holding of transfer of agricultural lands under the
Karnataka Land Reforms Act, 1961?

Section 66 of the Act provides that filing of declaration of holding:

(l)(a) Every person who on the date of commencement of the Amendment Act holds.

(i) ten acres or more of lands having facilities for irrigation from a source of water
belonging to the State Government; or

(ii) twenty acres or more of lands on which paddy crop can be grown with the help of
rain water; or

(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,
shall on or before 31st day of December, 1974.

(b) Every person who acquires land in excess of the extent specified in clause (a) in
any manner referred to in Section 64; and

(c) Every person whose land is deemed to be in excess of the ceiling area under
Section 65-A,

shall, within the prescribed period, furnish a declaration to the Tahsildar within whose
jurisdiction the holding of such person or the greater part thereof is situated containing
the following particulars, namely,—

(i) particulars of all lands;

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

(iii) such other particulars as may be prescribed.

(I-A) Where a person holds different categories of land mentioned in Section 66(1)(a)
the total extent of lands held by such person shall, for purposes of this section, be
determined by converting all categories of land into any one category in accordance
with following formula, namely. —

25
One acre of land referred to the category (i) = two acres of land referred to in category
(ii) = 4 acres of land referred to in category (iii).

(2) Without prejudice to the provisions of sub-section (1), the Tahsildar shall have
power to issue notice requiring any person who, has the reason to believe holds land or
resides within his jurisdiction to furnish a declaration of all lands held by him within
such period as may be prescribed in the notice (not being less than 30 days from the
date of service of notice), and it shall be the duty of such person to furnish the
declaration.

(3) Every declaration furnished under Section 66(1) and 66(2) shall be in prescribed
form and the person furnishing the declaraüon shall be entitled to obtain a receipt
therefor.

(4) Notwithstanding anything contained in sub-section (1) every person who had held
on or after 18th November, 1961 and before the commencement of the Amendment
Act. —

(a) ten acres or more of lands having facilities for irrigation from a sources of water
belonging to State Government; or

(b) 20 acres or more of lands on which paddy crop can be grown with the help of
rain water; or

(c) 40 acres or more of lands other than those specified in clauses (a) and (b),

shall in respect of the land so held by him also furnish a declaration within 180 days
from 11th September, 1975 to the Tahsildar within whose jurisdiction the holding of
such person or a greater part thereof is or was situated containing the following
particulars, namely. —

(i) particulars of the land;

(ii) particulars of the members of his family;

(iii) particulars of lands transferred or disposed of in any manner prior to 24th January,
1971 and subsequent to that date;

(iv) particulars of persons to whom lands if any, have been transferred or disposed of;
(v) such other particulars as may be prescribed.

26
 (5) The provisions of sub-sections (I-A), (2) and (3) shall mutatis mutandis apply to
the declaration to be furnished under Section 66(4).

In Satyanarayana v State of Karnataka and Others, 1997(1) Kar. L.J. 710B:

The petitioner has not mentioned in his declaration that his father was one of the
members of the family at the relevant time. The Tribunal, which is a fact finding
authority has come to the conclusion that the existence of the father in the family is far
from truth. The said conclusion is supported by valid reasons. The Tribunal determined
ceiling limits on the basis of declaration cannot be faulted under Section 66 of the Act.

In Devakkavva v Land Tribunal, Shirhatti, 1983(1) Kar. L.J. Sh. N. 65:

The question before the Court was whether land allotted to wife in lieu maintenance
can be clubbed?

Court held that under Section 14(1) of the Hindu Succession Act, 1955, immovable
property acquired by a female Hindu in lieu of her maintenance is her absolute property.
Hence, such lands cannot be clubbed with the properties Of the husband for calculating
ceiling and surplus.

In Mukthabai v state of karnataka and Another, 19810) R L.J. 148:

The Court held that when passing an order (under sections 66 to the lands vested in the
State Government as surplus

Tribunal ought to specify the boundaries of the portion in a number which vested in the
State Government.

Section 66-A provides that penalty for failure to furnish declaration—-

(1) Where a . person required by Section 66 to furnish declaration. —

(a) fails without reasonable cause so to do within the time specified; or

(b) furnishes a declaration which he knows or has reason to believe to be false,

The Tahsildar shall issue a notice to such person asking him to show cause within 15
days of the service thereof, where a penalty which may extend to Rs. 500/- may not be
imposed on him. Where no reply is filed or filed to Tahsildar is satisfied that the person
has without reasonable cause failed to furnish the declaration within time or has
submitted the declaration knowing or having reason to believe it to be false, he may, by

27
 order, impose the said penalty and require such person to furnish a true and correct
statement complete in all particulars, within a period of one month from the date of
service of the order,

(2) If such person, fails to comply with the order within the time granted/ the right/
title and interest of such person in land held to the extent in excess of ceiling area shall,
by penalty, be forfeited 10 the Stale Government and shall thereupon vest in the Slate
Government.

In Shamala D.S. v Assistant Commissioner, Karnataka,1978(1) Karo L.J. 472:

sections 66 and 66-A specifically confer power to decide the questions whether the
vendor under a sale deed was obliged to file any declaration under 9ction 66 and
whether the lands were non-agricultural lands, the Tahsildar and Assistant
Commissioner has no jurisdiction to invalidate sale transaction under Section 83 before
any action is taken by the Tahsildar under Section 66-A of the Act.

5. Explain the scope of cooperative farms

co-operative farms (section 89 to 102):

A co-operative farm may be promoted as a Society by any ten or more persons

belonging to one or more village, if such villages are adjoining one another. The
promoters should be landowners or tenants and together possessing over 50 acres of
land.

The Registrar of Cooperative Societies shall be registration authority. The

promoters shall submit extracts from record of rights showing total area long with
survey numbers of lands held by each promoter. After being satisfied that the intended
Far serves best interest, would be in the interests of all the Registrar may grant its
registration under Karnataka Co-operative Societies Act, 1959. Upon registration of the
farm, the possession of the lands of the members shall be transferred to it for intended
purposes.

The possession of the lands shall be restores to each member, if the co-operative
farm is cancelled. Where a person is admitted as a new member, the possession of the

28
lands held by him shall stand transferred to the farm. After its formation, no member
shall resign from its membership except on prescribed conditions.

The land held by such member shall be then restored to him. Upon registration,
the provisions of Karnataka Co-operative Societies Act, 1959 that do not contravene
this Act and its rules shall apply. The application made for registration of the farm shall
carry with it a draft of the bye-laws. A majority of the members by resolution or the
Registrar acting on his own, may amend the byelaws.

A right of ownership of the member over his land would continue to vest in him
after the Farm coming to affect. Every member shall be entitled for the rights,
privileges, obligations and liabilities in respect of the Farm in accordance with this Act
and the aforesaid Act. Every member shall contribute to the farm by way of money,
labour, agricultural implements and agricultural produce. The Farm is liable to pay the
land owner, land revenue, cess, water rate, betterment charges and local rates. On the
death of a member, his heirs would become the members of the cooperative Farm. The
members of the Co-operative Farm may enjoy concession from the state government in
land revenue, agricultural income tax, free technical advice, financial aid and priority
in irrigation.

6. What are the main aims and objectives of Karnataka land reform Act, 1961?

The main object of the Karnataka Land Reforms Act, 1961 is to enact a uniform
law in the Karnataka State relating to agrarian relations. Further, its object is that the
cultivating tenant, after a prescribed period, must be conferred with the occupancy
rights of the land which he is cultivating.

The other object of the Act is that there should be ceiling on land holdings of
individuals, families, etc., and restriction of holding/transfer of agricultural lands,

The salient features of the Act are as follows:

1. The Act specifies who are all tenants and the rules regarding payment of rent
to the landlords by the tenants.
2. The Act also imposes restrictions on transfer Of cultivable lands by tenants and
also regulates by law the eviction of the cultivating tenants.

29
3. The Act also specifies the rights and duties of the tenant. It gives the tenant
the first option to purchase the cultivating land from the land owner. Further, the
tenant is entitled to compensation for the improvements made by him in the land.
4. Sometimes, the tenants are registered as occupants of lands and suitable
5. The most important feature of the Act is that every member of a family has a
ceiling limit regarding holding of lands. compensation is paid to the landlord for
making the tenant as occupant by which he gets permanent right of occupancy which
in turn entitles him with permanent cultivating rights.

At present, the ceiling area for an individual with a family of five members is 10
units and 2 units each for every extra member, for educational institution, public trust,
etc., the ceiling area is 20 units and for a sugar factory for research purpose, the ceiling
area is 50 units.

Every person has to file declaration of holding, if he has 10 acres of land with water
irrigation source and 20 acres of land without water irrigation source and the person
has to pay penalty in case of failure to furnish such declaration to the prescribed
authority of the State Government.

The Act prevents holding of agricultural land by certain persons as under Sec. 79
(b) of the Act.

The Act also encourages cultivation of uncultivated lands

The Act recognises the formation of co-operative farms for the purpose of holding
lands and cultivating them on co-operative basis.

Certain lands belonging to certain persons like Government, agricultural

produce, marketing committee, universal research institution are all exempted from
the applicability Of this Act.

Under the Land Reforms Act, it is the Tahsildar who plays a major role to decide
the disputes between the landlord and tenant, to pay compensation to the tenant, to

take recovery proceedings and to grant certificates, etc., He has also got the duty to
enquire and decide whether a person is really a tenant or not.

30
 The Act also provides remedies to the landowner/ tenant by way of appeal/
revision to the Revenue Authorities of higher rank and appeal and review to the Land
Reforms Tribunal, constituted by the State Government in this regard.

To conclude. the aim and object of the Act is two folded one is to protect the
cultivating tenants and legally granting them the rights and duties and the second object
is to fix ceiling limits in the holding Of agricultural lands by individuals, families, trusts,
educational institutions, sugar factories, etc.

UNIT V

1. Discuss varies provision relating to Regulation Authority under Real Estate

Regulation and Development Act. 2016?

The Real Estate Regulation and Development (RERA) Act, 2016 is considered as
one of the landmark legislations passed by the Government of India. Its objective is to
reform the real estate sector in India, encouraging greater transparency, citizen
centricity, accountability and financial discipline. This is in line with the vast and
growing economy of India as in future many people will be investing in real estate
sector.
Salient feature of the RERA Act, 2016:
Establishment of Real Estate Regulatory Authority

o Establishment of one or more Real Estate Regulatory Authority in each

State/UT, or one Authority for two or more States/UTs, by the appropriate
Government for oversight of real estate transactions;

31
 o To appoint one or more adjudicating officers to settle disputes and impose
interest and computation;
Registration of Real Estate Projects and Registration of Real Estate Agents

o Mandatory registration of real estate projects and real estate agents who
intend to sell any plot, apartment or building, with the Real Estate
Regulatory Authority;
Mandatory Public Disclosure of all project details:

o Mandatory public disclosure norms for all registered projects like details of
the promoters, layout plan, plan of development works, land status, status
of the statutory approvals, disclosure of proforma agreements, disclosure of
names and addresses of real estate agents, contractors, architect, structural
engineer etc.;
Functions and Duties of Promoter:

o Disclosure of all relevant information relating to the project;

o Adherence to approved plans and project specifications as approved by
competent authorities;
o Obligations regarding veracity of the advertisement or prospectus;
o Rectification of structural defects within two years of possession;
o Refund of money in cases of default;

Compulsory deposit of 70 percent

o To compulsorily deposit 70 percent (or such lesser percent as notified by

the Appropriate Government) of the amounts realized for the real estate
project from the allottees in a separate account in a scheduled bank within a
period of 15 days to cover the cost of construction to be used for that
purpose;

Functions of Real Estate Agents:

o Real estate agents to sell properties registered with the Authority;

o Maintain books of accounts, records and documents;

32
 o Not to involve in any unfair trade practices;

Rights and Duties of Allottees:

o Right to obtain stage-wise time schedule of project;

o Claim possession as per promoter declaration;
o Obtain refund with interest for default by the promoter;
o Allottees to make payments and fulfil responsibilities as per the agreement;

Functions of Real Estate Regulatory Authority

o The Authority to enforce the provisions of the Act;

o To act as the nodal agency to co-ordinate efforts regarding development of
the real estate sector and to render necessary advice to the appropriate
Government to ensure the growth and promotion of a transparent, efficient
and competitive real estate sector;
Fast Track Dispute Settlement Mechanism:

o Fast track dispute resolution through adjudicating officers (Joint Secretary

to State Government);
Establishment of Real Estate Appellate Tribunal:

o Real Estate Appellate Tribunal to hear appeals from the orders of the
Authority and the adjudicating officer. The Appellate Tribunal is to be
headed by a sitting or retired Judge of the High Court with one judicial and
one administrative/technical member;
Punitive Provisions:

o Punitive provisions including de-registration of the project and penalties in

case of contravention of the provisions of the Act or the orders of the
Authority or the Tribunal;

2. Discuss the constitution, power and functions of Real Estate Regulate

Authority?

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 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 appropriate Government of two or more States or Union territories have the power
to establish one single Authority or the appropriate Govt. of a State has the power to
establish more than one Authority in a State or Union territory.
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 (sec 21)
The Authority consists of a chairperson and two whole time Members appointed by the
appropriate Government.

Qualifications of Chairperson and Members of Authority (Sec 22)

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.

To be appointed as a chairperson a person should have held the post of Additional

Secretary to the Central Government or any equivalent post in the Central Government
or State Government.

34
A person who is, or has been, in the service of the State Government is not appointed
as a member unless such person has held the post of Secretary to the State Government
or any equivalent post in the State Government or Central Government.

Term of office of Chairperson and Members (Sec 23)

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.

Before appointing any person as a Chairperson or Member, the appropriate Government

should satisfy itself that the person does not have any such financial or other interest as
is likely to affect his functions prejudicially as such Member.

Functions of Authority (Sec 34)

The functions of the Authority shall include

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

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;

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;

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;

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;

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;

g) to ensure compliance of its regulations or orders or directions made in exercise of

its powers under this Act;

35
h) to perform such other functions as may be entrusted to the Authority by the
appropriate Government as may be necessary to carry out the provisions of this Act.

Powers of Authority

Powers of Authority to call for information, conduct investigations

Section 35 of the Act empowers the Real Estate Regulatory Authority to make an
inquiry and investigate in relation to the promoter, allottee or the real estate agent.
Section 35(1) of the Act provides that the Real Estate Regulatory Authority can either
suo moto or on a complain, initiate any inquiry and investigation into allegations
against the promoter, allottee or the real estate agent. It is on the discretion of the Real
Estate Regulatory Authority to appoint one or more persons to make an inquiry in
relation to the affairs of the promoter, allottee or the real estate agent, as the case may
be.

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:

(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 (Sec 36)

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 (Sec 37)

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.

36
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

Power of rectification of orders (Sec 39)

The Authority has the power to amend any order passed by it within a period of two
years from the date of the order made under the Act, with a view to rectifying any
mistake apparent from the record, and should make such amendment, if the mistake is
brought to its notice by the parties.

Amendment should not be made in respect of any order against which an appeal has
been preferred under this Act.

While rectifying any mistake apparent from record, the Authority should not, amend
any substantive part of its order passed under the provisions of the Act.

Power of recovery of interest or penalty or compensation and enforcement of

order, etc

If a promoter or an allottee or a real estate agent, fails to pay any interest or penalty or
compensation imposed on him, by any adjudicating officer or the Regulatory Authority
or the Appellate Authority, under this Act or the rules and regulations made thereunder
the authority has the power to recover the same from them, in such manner as may be
prescribed as an arrears of land revenue

37
 If any adjudicating officer or the Regulatory Authority or the Appellate Tribunal, issues
any order or directs any person to do any act, or refrain from doing any act, then in case
of failure by any person to comply with such order or direction, the same shall be
enforced, in such manner as may be prescribed.

3. Write briefly about function and duties of promotor?

Chapter III of the Real Estate(Regulation and Development) Act, 2016 provided the
functions and duties of the promoter.

Promotor

Section 2(zk) of the Act defines the term ‘promoter’ as-

 A person who constructs or causes to be constructed an independent building or

a building consisting of apartments, or converts an existing building or a part
there of into apartments, for the purpose of selling all or some of the apartments
to other persons and includes his assignees;
 A person or company or co-operative housing finance which develops land into a
project, constructs structures on any of the plots, for the purpose of selling to other
persons all or some of the plots in the said project, whether with or without structures
thereon;
 Any other person who acts himself as a builder, contractor, developer, estate developer
or by any other name or claims to be acting as the holder of a power of attorney from
the owner of the land on which the building or apartment is constructed or plot is
developed for sale;

Functions and duties of promoter

Such other information and documents as may be specified by the regulations
made by the Authority. In general, the promoter has been made responsible for all
obligations, responsibilities and functions under the Act, the rules and the regulations
and also as per the agreement for sale. His responsibility under section 11(A)(a) is
towards the allottees or the association of allottees till the conveyance of all the
apartments, plots or buildings to the allottees and to their association.
His responsibility towards allottees continues under section 14(3) even after
conveyance in respect of structural defects brought to his notice within 5 years from the
date of handing over possession. Under the provisions of sub-section (3) of Section 18,
if the promoter fails to discharges any obligation imposed on him under the Act or in
accordance with agreement for sale, he shall be liable to pay compensation to the

38
 allottee as per the provisions of 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]
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. It also brings the disclosures on record and avoid any dispute as to what was
disclosed.
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

39
 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. A buyer taking decision to buy on the basis of false, incorrect or misleading
information contained in the advertisement and making an advance or deposit on that
basis is entitled to be compensated by the promoter,

8. Duty not to accept deposit or advance exceeding 10% of cost without executing
agreement to sell

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.

9. Duty to keep 70% of the amount received in separate bank account [Sec.4(l)(D)]

In order to ensure that the amount received by the promoter from the allottees of a
particular real estate project is used towards meeting the land cost and cost of
construction of that very project only, the law requires promoter to deposit 70% of the
amount realized from time-to-time in respect of a particular project, in a separate
account with a scheduled bank. The amount so deposited is to be used for the land cost
as well as the cost of construction of that project only.

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

40
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. He is prohibited from
making any addition or alteration in the plan, specifications, fixtures, fittings and
amenities unless he obtains the previous consent of the person who bought it on the
faith of such disclosure.

Duty to refund the amount received in case of failure to give possession in time
[Sec.

18(1)]

If the promoter fails to complete the project or is unable to give possession of the
building, apartment or plot in accordance with the terms of the agreement for sale or
within the time specified therein, the allottee has the option either to withdraw from the
project or to continue with it. In the former case, the promoter is under an obligation to
return the amount received by him with interest at the rate to be prescribed by the State
Government in the rules and also to pay compensation as may be determined by the
Adjudicating Officer.

11. Duty to compensate the allottee for loss due to defective title of the land [Sec.
18(2)]

In case the allottee sustains any loss due to defective title of the land on which the
project is being developed or has been developed, the promoter will be under an
obligation to compensate the allottee by the amount and in the manner as may be
determined by the Adjudicating Authority. The allottee’s claim arising from loss due to
defective title of the promoter will not be barred by limitation under the Limitation Act
or any other Act in force.

12. 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
41
brought to promoter’s notice within 5 years of handing over of the possession. The
apartments being only an identified part of the building, the management of the building
does not rest with individual allottees but with a body representing all the allottees in
the project. The law, therefore, envisages formation of a collective body which can be
a co- operative society with allottees as members or, a company with allottees as
shareholders or, any other association of allottees in accordance with the applicable law
of the State. Once such collective body is formed, the promoter is supposed to hand
over the management of the building, its common area, amenities and facilities to the
collective body and thereafter, the management is carried out in accordance with the
law applicable to such collective entity.

14. Duty to provide essential services till handing over to the association of allottees
[Sec.11(4)(d)]

As mentioned earlier the management of the land and building and the common area
and facilities eventually is to be taken over by the association of allottees. The Act
provides that till it is done and maintenance work is taken over by such association/
society, the promoter will have the responsibility of providing and maintaining the
essential services, on reasonable charges.

15. Duty to execute conveyance in favour of allottees and their association

[Sec.11(4)(f)]

As mentioned, after the project is complete, occupation certificate is issued by the

competent authority and possession is handed over to the allottee, the legal title over
the building or the apartment or the plot is to be passed on to the allottee and the
association of allottees by executing a registered conveyance deed in their favour.

16. Duty to pay all outgoings till transfer of physical possession [Sec.11(4)(g)]

The promoter is obliged to pay all outgoings including land cost, ground rent, municipal
or other taxes, charges for water or electricity, maintenance charges, mortgage loan and
interest thereon and all other liabilities payable to competent authorities, banks and
financial institutions relating to the project, out of money collected from the allottees
till he hands over physical possession to allottees or their association.

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 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.

18. Duty to get the project insured [Sec.16]

The promoter is under an obligation to obtain all such insurances as the appropriate
government may notify which may include –

i. the title of the land and building, and

ii. construction of the real estate project

He is liable to pay all premiums in respect of insurances relating to the project till the
project along with the insurance is transferred to the association of allottees. The
insurance shall be for the benefit of the allottees or their association and shall stand
transferred to their benefit when the agreement for sale is entered with them. All
documents relating thereto shall be handed over to the association of allottees when
such association is formed.

19. Duty not to assign his majority rights and liabilities to a Third Party [Sec.15]

Having got the project registered and having started the sale of building, apartment or
plot, the promoter cannot leave it midway by transferring his majority rights and
liabilities to a third party. Such assignments can be possible only with prior written
consent of at least 2/3rd number of allottees and approval of the Regulatory Authority.
In working out the number of allottees whose consent is required, the promoter himself
will not be taken as an allottee. Further, in case the buildings, apartments or plots are
booked in the name of family members, all such family members together are to be
taken as one allottee only. Similarly if the buildings, apartments or plots are booked in
the name of concerns viz., companies, firms or other associations and also in the name
of their associated or related entities, the concern and its associated/related entities
together will be considered a single allottee.

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4. Explain the real estate appellate tribunal?

Sec.43 provides for the establishment of Real Estate Appellate Tribunal within
a period of one year from the date of coming into force of Real Estate (Regulation
and Development) Act, 2016.
Any person aggrieved by any direction or decision or order made by the
Authority or by an adjudicating officer under this Act may prefer an appeal before
the Appellate Tribunal having jurisdiction over the matter-Sec.43(5).
Constitution of the Appellate Tribunal

The appropriate government is empowered to establish one or more benches of the

Appellate Tribunal, for various jurisdictions, in the State or Union territory.
Every bench of the Appellate Tribunal consists of at least one Judicial Member and
one Administrative or Technical Member.
The appropriate Government of two or more States or Union territories can establish
one single Appellate Tribunal.
Composition of Appellate Tribunal (Sec 45)
The Appellate Tribunal consists of a Chairperson and not less than two whole time
Members of which one is a Judicial member and other is a Technical or
Administrative Member, appointed by the appropriate Government.
Qualifications for appointment of Chairperson and Members (Sec 46)
A person is not qualified for appointment as the Chairperson or a Member of the
Appellate Tribunal unless he:
a) in the case of Chairperson, is or has been a Judge of a High Court; and
b) in the case of a Judicial Member he has held a judicial office in the territory
of India for at least fifteen years or has been a member of the Indian Legal
Service and has held the post of Additional Secretary of that service or any
equivalent post, or has been an advocate for at least twenty years with
experience in dealing with real estate matters; and
c) in the case of a Technical or Administrative Member, he is a person who
is wellversed in the field of urban development, housing, real estate
development, infrastructure, economics, planning, law, commerce,
accountancy, industry, management, public affairs or administration and
possesses experience of at least twenty years in the field or who has held the
post in the Central Government or a State Government equivalent to the post
of Additional Secretary to the Government of
India or an equivalent post in the Central Government or an equivalent post
in the State Government.

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 The Chairperson of the Appellate Tribunal is appointed by the appropriate
Government in consultation with the Chief Justice of High Court or his nominee.
The Judicial Members and Technical or Administrative Members of the Appellate
Tribunal 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 handling Housing and the Law Secretary.
Term of office (Sec 47)
The Chairperson of the Appellate Tribunal or a Member of the Appellate Tribunal
is to hold office, for a term not exceeding five years from the date on which he
enters upon his office, but is not eligible for re-appointment:
In case a person, who is or has been a Judge of a High Court, has been appointed as
Chairperson of the Tribunal, he should not hold office after he has attained the age of
sixty seven years.
Judicial Member or Technical or Administrative Member should not hold office after
he has attained the age of sixty-five years.
Before appointing any person as Chairperson or Member, the appropriate Government
should satisfy itself that the person does not have any such financial or other interest,
as is likely to affect prejudicially his functions as such member.
Powers & Functions of the Appellate Tribunal
The Appellate Tribunal is not bound by the procedure laid down by the Code of Civil
Procedure, 1908 (5 of 1908) but must be guided by the principles of natural justice. The
Appellate Tribunal also has the power to regulate its own procedure and also is not
bound by the rules of evidence contained in the Indian Evidence Act, 1872 (1 of 1872).
For the purpose of discharging its functions under this Act the Appellate Tribunal 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) requiring the discovery and production of documents; (c) receiving evidence on
affidavits;
c) issuing commissions for the examinations of witnesses or documents;
d) reviewing its decisions;
e) dismissing an application for default or directing it ex parte; and
f) any other matter which may be prescribed.
Administrative powers

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 The Chairperson has the powers of general superintendence and direction in the conduct
of the affairs of Appellate Tribunal and to preside over the meetings of the Appellate
Tribunal, exercise and discharge such administrative powers and functions of the
Appellate Tribunal as may be prescribed.
Additional Powers of Appellate Tribunal
The Appellate Tribunal has the following additional powers to:
a) Require the promoter or allottee or real estate agent to furnish in writing such
information or explanation or produce such documents reasonable time, as it may deem
necessary;
b) Requisitioning any public record or document or copy of such record or
document from any office.
The Appellate Tribunal may call upon such experts or consultants from the fields of
economics, commerce, accountancy, real estate, competition, construction,
architecture, law or engineering or from any other discipline as it deems necessary, to
assist the Appellate Tribunal in the conduct of any enquiry or proceedings before it.
Every order of the Appellate Tribunal under this Act is executable by the Appellate
Tribunal as a decree of the Civil Court.
The Appellate Tribunal may send any of its order to a Civil Court having local
jurisdiction and such Civil Court should execute the order as if it were a decree made
by the court.

5. Define allottee, Explain the rights and duties of Allottee?

The Real Estate (Regulation & Development) Act is a comprehensive

legislation which regulates the activities of all stakeholders namely, the promoters, the
agents and the allottees. The allottee being one of the parties to the transaction is bound
by the terms and conditions of the agreement of sale executed in terms of the Act. The
Act in Chapter IV Section 19 lays down the rights of the allottee which he has against
the promoter and which are to be enforced by the Regulatory Authority which are as
follows:

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. The right to obtain this information is significant as Section 14 obligates the

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promoter to adhere to the sanctioned plan and project specification, departure from
which empowers the allottees to act against the promoter and stop him from doing so.
In case the promoter intends to make any additionalconstruction beyond what is
sanctioned in the plan and disclosed to the allottees, he can do so only after obtaining
prior written consent of at least 2/3rd number of allottees. Besides, the allottee is also
entitled to all other information which are related to matters provided in the Act, rules
or regulations made thereunder or, in the agreement for sale.

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. Even if such failure is due to
discontinuance of business as a developer on account of suspension or revocation of
registration, the allottee’s right to claim such refund and other amount remains
unaffected.

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.

Duties of Allottees

1. Duty to make payment

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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. The obligation to make payment within specified time may be changed with
mutual agreement

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.

6. 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.

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In case he fails to comply with or contravenes any order or direction of the Real Estate
Appellate Tribunal he can be punished with imprisonment for a term up to one year or
with fine for everyday during which such default continues which may extend up to
10% of the cost of the building, apartment or plot. He may also be punished by
imprisonment as well as fine in appropriate case.

6.Registration of Real Estate Project or 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. A
real estate agent is also a person who introduces, through any medium, prospective
buyers and sellers to each other for negotiation for sale or purchase of real estate
property, as the case may be, and includes property dealers, brokers, middlemen etc.

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. RERA also says that the real estate agents will also be liable for
any flaws in the project and can be prosecuted for any misconduct in the business. It is
Section 9 (1) of RERA that mandates the registration. Section 9 prohibits an agent to
operate his business without such registration.

Procedure for registration

Section 9 (2) of RERA Act state that every real estate agent, required to register,
shall make an application in writing to the Authority established under RERA Form 'G',
in triplicate, until the application procedure is made web based.

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

byelaws, MoA , AoA,

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• 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.

Deemed registration

According to Section 9(4) of the Act read with Rule 9 of the Rules, if the Authority
does not grant or reject the registration certificate within 30 days, hereon the completion
of the period specified under sub-section (3), if the applicant does not receive any
communication about the deficiencies in his application or the rejection of his
application, he shall be deemed to have been registered.

Conditions for RC

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

a) Not to facilitate sale of unregistered property;

b) Due maintenance of books of accounts records and documents as provided under

rule 14;

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

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

These conditions are also mentioned as conditions in the registration certificate as

well as Section 10 of RERA.

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