LANDLAWS – UNIT I

LANDLAWS

Unit-I:
Classification of lands — Ownership of Land — Absolute and limited ownership (tenancy,
lease etc.) — Doctrine of Eminent Domain — Doctrine of Escheat - Doctrine of Bona
Vacantia — Maintenance of land records and issue of Pattas and Title Deeds etc – The
Telangana Rights in Land and Pattadar Act 2020. Land Titling (Torrens Systems) : Title
Guarantee, Conclusive Title, and Title Insurance.
Unit-II:
Law Reforms before and after independence — Zamindari Settlement — Ryotwari
Settlement — Mahalwari System — Intermediaries — ConstitutionalProvisions — Abolition
of Zamindaries, Jagirs and Inams -Tenancy Laws — Conferment of ownership on
tenants/ryots.
Unit-III:
Laws relating to acquisition of property — The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013- salient
Features-Procedure for Land Acquisition :Issue of notification , Social impact assessment -
Consent of landowners- Award enquiry, Payment of compensation & Reference to civil
courts etc.
Unit-IV:
Laws relating to Ceiling on Land Holdings — The Telangana Land Reforms (Ceiling on
Agricultural Holdings) Act, 1973 — Effect of inclusion in the IX Schedule of the Constitution
— Interpretation of Directive Principles of State Policy in relation to land (Articles 38 and 36)
– Law relating to and survey of land and sub-division – Land Rights under the Scheduled
Tribes and other Traditional Forest Dwellers (Recongnition of Forest Rights) Act, 2006.
Unit-V:
Laws relating to alienation — Scheduled Areas Land Transfer Regulation — The Telangana
Assigned Lands (Prohibition of Transfers) Act, - Resumption of Lands to the
Transferor/Government – Role of Special Tribunals and Courts in Resolution of land
disputes.
Suggested Readings:
1. P. Rama Reddi and P. SrinivasaReddy :Land Reform Laws in A.P., Asia Law
House,Hyderabad.
2. P.S. Narayana: Manual of Revenue Laws in A.P., Gogia Law Agency, Hyderabad.
3. Land Grabbing Laws in A.P., Asia Law House, Hyderabad.
4. G.B. Reddy: Land Laws in A.P., Gogia Law Agency, Hyderabad

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. 5. N.Maheshwara Swamy, Lectures on Land Laws,Asia LawHouse,Hyderabad.

PYQ’S
PART – B ( 15M)
1) Right to property is no more Fundamental right – discuss.?
2) Discuss the origin and development of various land administrative systems in India .?
3) What are the lands that are exempted from the Land Ceiling Act ?
4) Trace the reasons for the introduction of Ryotwari system . And explain the benefits of
the Ryotwari system ?
5) Write a note on land reforms and protection of right to property under the constitution
of India ?
6) Who are intermediaries ? Explain the land reforms related to Laws aiming at abolition of
the intermediaries ?**
7) State the procedure to acquire private land for public purpose as envisaged under the
land Acquisition Act 1894 ?******
8) Examine the various rights of cultivator of land and when can the termination of
Tenancy be effected ?*
9) Discuss the importance and constitutionality of the Doctrine of Eminent Domain ?
10) What Land reforms are carried on prior to independence to protect the Ryots ?
11) Examine the salient features of the Urban Land ( ceiling on Holdings ) Act ?
12) Define Land . Explain the classification of land on the basis of Ownership.?**
13) Explain the effectiveness of A.P Land Grabbing ( Prohibition ) Act ?***
14) Explain the Doctrine of Bona vacantia ?
15) Explain the salient features of the Land Reforms ( ceiling on agricultural land holdings )
Act 1973 ?***
16) Explain the Doctrine of Eminent Domain and the Doctrine of Bona Vacantia ?
17) Explain the concept of preliminary notification and declaration under the land
Acquisition Act ?*
18) Explain laws relating to ceiling on land holdings ?
19) Discuss the various provisions of the A.P Assigned Lands ( Prohibition of Transfer ) Act ,
1977 ?**
20) Discuss the salient features of the A.P Rent Control Act and explain the rights and duties
of land lord and tenant ?
21) Write an essay on land reforms in India ?
22) Explain the land reforms introduced in India after Independence ?
23) Discuss the various parameters for determination of payment of compensation for the
land acquired by the state ?

PART – A ( 6 M )
1) Doctrine of Escheat ?****
2) Mahalwari System ?****
3) Right to Fair Compensation?

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4) IX Schedule of the Constitution ?*****

5) Scheduled Area ?*
6) Sada Bainama ?
7) ROR ?***
8) Social impact assessment ?
9) Doctrine of Eminent Domain ?****
10) Doctrine of Bona Vacantia ?
11) Zamindari System?**
12) Land Acquisition ?**
13) Land Grabbing ?****
14) Classification of Lands ?*
15) Tenancy law ?
16) Jagirs ?
17) Title Deeds ?
18) Definition of Ownership ?
19) Rehabilitation ?
20) Scheduled Areas ?*
21) Role of Revenue Courts ?
22) Ryotwary Settlement ?**
23) Jagirs and Inams ?
24) Patta ?
25) Absolute Ownership ?*
26) Police power vis –a – vis Eminent Domain ?
27) What is Inam village ?
28) Public purpose ?**
29) Power to acquire requisitioned property ?
30) What is urban land ?
31) Payment of compensation ?
32) Land Reforms ?
33) Assigned lands ?*
34) Urban Land Ceiling ?**
35) Alienation ?*
36) Zamindars ?*
37) Land to the Tiller ?
38) Protected Tenant ?*
39) Family Holding ?
40) Pattadar ?
41) Urgent Acquisition of land ?
42) Leasehold land ?
43) Cultivating tenant ?
44) Standard Holding ?
45) Requisition of Land ?
46) Land Grabbing Tribunal ?

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UNIT -I
Unit-I:
Classification of lands — Ownership of Land — Absolute and limited ownership (tenancy,
lease etc.) — Doctrine of Eminent Domain — Doctrine of Escheat - Doctrine of Bona
Vacantia — Maintenance of land records and issue of Pattas and Title Deeds etc – The
Telangana Rights in Land and Pattadar Act 2020. Land Titling (Torrens Systems) : Title
Guarantee, Conclusive Title, and Title Insurance.
LAND & ITS CLASSIFICATION
MEANING OF LAND
❖A surface of the earth which is not covered by water.
❖ Majority of the Earth covered by water and majority of land is uninhabitable.
❖ Therefore, land – precious resource.
❖ Limited availability, multiple uses, highly valuable
Land & its relationship with humans
❖ Becomes indispensable resource in country like India.
❖ Land used for dwelling, agriculture, transportation, extraction of resources,
manufacturing, etc.
❖ Land - Contentious throughout human history.
❖ Wars waged for acquiring and conquering the land.
❖ Rural People – land is a means of sustenance, income, food, shelter.
❖ Urban People – land is a means of shelter, investment, Status symbol
Land in Legal Parlance
❖ Land & Constitutional Law
❖ Land & Criminal Law
❖ Land & Property Law
❖ Land & Consumer Law
❖ Land & International Law

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Land & its Classification

❖ Lands can be classified into many categories on different basis / criteria.
❖ It can be classified into: Urban Lands; Rural Lands; Forest Lands; Sea Beds.
❖ It can also be classified into Dry land and Wet Land.
❖ Our purpose: land use categories as used by the revenue department and statistics dept.,
Govt. of India.

❖ Forests: includes all lands classified as forest under any legal enactment dealing with
forests or administered as forests, whether state-owned or private, and whether wooded or
maintained as potential forest land.
❖ Area under Non-agricultural Uses: includes all lands occupied by buildings, roads and
railways or under water, e.g. rivers and canals and other lands put to uses other than
agriculture.
❖ Barren and Un-culturable Land: includes all barren and unculturable land like mountains,
deserts, etc. Land which cannot be brought under cultivation except at an exorbitant cost.

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❖ Permanent Pastures and other Grazing Lands: includes all grazing lands whether they
are permanent pastures and meadows or not. Village common grazing land is included
under this head.
❖ Land under Miscellaneous Tree Crops, etc. : all cultivable land which is not included in
‘Net area sown’ but is put to some agricultural uses. Lands under Casurina trees, thatching
grasses, bamboo bushes and other groves for fuel, etc. which are not included under
‘Orchards’ should be classed under this category.
❖ Culturable Waste Land: includes lands available for cultivation, not cultivated during the
current year and the last five years or more in succession for one reason or other.
❖ Fallow Lands other than Current Fallows: temporarily out of cultivation for a period of
not less than one year and not more than five years.
❖ Current Fallows: This represents cropped area, which are kept fallow during the current
year.
❖ Net area Sown: This represents the total area sown with crops and orchards. Area sown
more than once in the same year is counted only once
LAND & ITS OWNERSHIP
Introduction
● Ownership – different as per different legal systems.
● There cannot be land without ownership.
● The ownership vests in person who enjoys requisite right and title.
● True owner shall have possessory rights implied / express.
● Some Instances – ownership vested in one and possession vested in another.
Historical Background
● King / Sovereign Authority was real owner of all the lands in reign.
● King could not make use of all the land.
● As means of generating revenue – gave lands to people for consideration.
● Conditional ownership of land – on payment of revenue in cash/kind.
● Mostly land used for agricultural purposes.
Ownership : Meaning
● Concept of ownership – cannot be seen but conceived from enjoyment of property.
● Ownership is “Trinity of Rights”.
● Most important attribute of Ownership - power to alienate / transfer the same.

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● Jus Utendi – the right or power to use the property—particularly by residing there—
without destroying its substance.
● Jus Fruendi – a right of enjoyment of another's property without destroying its substance.
● Jus Abutendi - a right to make full use of property even to wasting or destroying it :
absolute and unlimited ownership with the power of free alienation.

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●Corporeal: Ownership of a material object. Eg: House, a table or machine, etc.

● Incorporeal: Ownership of a right eg: copyright, trademark, etc.
● Trust ownership: instance of duplicate ownership. Resembles ownership but it is not. It is
ownership in form and not in substance.
● Trustee cannot enjoy the property. But not an agent, he is the person upon whom
property of someone is fictitiously given by law
● Beneficial ownership: two trustees are owners at the same time. Each trustee under
obligation to use his ownership for the benefit of the other. Trustee owns property for the
benefit of beneficiary.
● Legal ownership: Which has origin in the rules of common law. Can be enforced in Rem.
● Equitable ownership: proceeds from the rules of equity. It recognizes ownership where
law does not recognize ownership due to some legal defect. Can be enforced in personam.
● Vested ownership: ownership when the title of the owner is already perfect. Ownership is
absolute.
● Contingent Ownership: The title of the owner is yet imperfect but is capable of becoming
perfect on the fulfillment of some condition. Ownership is conditional.
● Sole Ownership: A right or property owner by only one person at a time.
● Co-Ownership : Duplicate ownership – two or more person may have the same right
vested in them. The right can be ended by partition wherein the co-owners become sole
owners.
● Absolute ownership: he is the one in whom are vested all the rights over a thing to the
exclusion of all. Except absolute owner, no other person has any claim over the property.
Absolute ownership – use, enjoy, destroy, alienate, transfer, etc.
● Limited Ownership: limitations imposed on the user, duration or disposal of rights of
ownership.
Proof of Ownership
● Burden of Proof – person claiming it.
● Possession is nine points to ownership.
● Possession must be effective and enforceable by law.
● Perfect ownership – perfect right, title and possession.
● Land – always capable of ownership.

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EMINENT DOMAIN

Introduction
● It refers to the power of the government to take private property and convert it into
public use.
● Also referred to as:
○ Land Acquisition ○ Compulsory Purchase
○ Resumption
○ Expropriation
● Land taken for roads, government buildings, public utilities.
● Concept taken from “De jure belli et pacis” – Hugo Grotius.
● Dominium Eminem: Supreme Lordship.
● E.D. – not only limited to the real property but also to personal property and even
intangible property.
● Two essential components of E.D. – Public Purpose & Compensation.
● Art. 31 of Constitution – provided for compulsory acquisition of property. Omitted by 44th
Constitutional Amendment 1978.
Eminent Domain: Basis
Concept based on two maxims:
● Salus populi est suprema lex:
○ Welfare of the public is the paramount law.

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● Necessita Public Major Est Quam:

○ Public necessity is greater than the private necessity.
New Emerging Trend of Eminent Domain
● From Mid 20th Century.
● New Meaning was conferred.
● Eminent domain – includes acquisition of the property by the government and vesting it
in a third party. Eg: PPP Projects, etc.
● Done with an aim to generate more revenue than what government can generate.

The doctrine of eminent domain is a legal principle that grants the government the power to
acquire private property for public use, following the payment of just compensation to the
property owner. This doctrine is based on the concept of sovereignty and the inherent
power of the state to govern and regulate the use of land within its territory.

The doctrine of eminent domain is subject to certain limitations and conditions, such as:
Public use: The property must be acquired for a legitimate public purpose, such as building a
road, school, or hospital.
Just compensation: The government must pay the property owner a fair and reasonable
price for the property.
Due process: The property owner must be given notice and an opportunity to be heard
before the property is taken.
The doctrine of eminent domain is essential for the government to carry out its functions
and promote public welfare. However, it must be exercised in a manner that balances the
public interest with the property rights of individuals.

Constitutionality of the Doctrine of Eminent Domain ( 6M)

The constitutionality of the Doctrine of Eminent Domain in India is a complex issue that has
been debated by scholars and jurists. Here are some arguments for and against the
constitutionality of the Doctrine of Eminent Domain in India:
Arguments For Constitutionality:
1. Public Purpose: The Doctrine of Eminent Domain is used to acquire land for public
purposes such as infrastructure development, urbanization, and industrialization, which are
essential for the country's growth and development.
2. Article 300-A: The Constitution of India guarantees the right to property, but also
provides for the acquisition of property by the state for public purposes.
3. Legislative Power: The legislature has the power to enact laws for the acquisition of land,
and the Doctrine of Eminent Domain is a well-established principle in Indian law.

Arguments Against Constitutionality:

1. Right to Property: The Doctrine of Eminent Domain violates the right to property
guaranteed under Article 19(1)(f) of the Constitution, as it allows for the forced acquisition
of land without the owner's consent.

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2. Unreasonable Restriction: The Doctrine of Eminent Domain imposes an unreasonable

restriction on the right to property, as it allows for the acquisition of land without providing
adequate compensation or rehabilitation to the affected landowners.
3. Disproportionate Impact: The Doctrine of Eminent Domain has a disproportionate impact
on marginalized communities, including farmers, tribals, and other vulnerable groups, who
are often forced to give up their land without adequate compensation or rehabilitation.
In conclusion, the constitutionality of the Doctrine of Eminent Domain in India is a complex
issue that requires careful consideration of the competing interests of the state and
individual property owners. While the Doctrine of Eminent Domain is a well-established
principle in Indian law, it must be balanced against the right to property and other
constitutional guarantees to ensure that the acquisition of land is done in a fair
and just manner.
In India, the doctrine of eminent domain is enshrined in Article 300-A of the Constitution,
which provides that no person shall be deprived of their property except by authority of
law. The Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013, are two key legislations that
govern the process of land acquisition in India.
Here are some case laws related to the Doctrine of Eminent Domain ¹:
Sooraram Reddy v. Collector, Ranga Reddy District (2008): This case established grounds
for the review of eminent domain, including malafide exercise of power and acquisition
without following the procedure under the Act.
Basantibai v. State of Maharashtra (1986): The Bombay High Court held in this case that
the State cannot take the property of its subjects without compensating the owner for its
loss.
-Singur case: The Supreme Court of India declared the acquisition of land for a Tata Motors
project illegal and ordered that the land be returned to the original owners.

DOCTRINE OF ESCHEAT
Introduction
● Derived from Common Law as existing in UK.
● Also known as reversion, lapse, fall out.
● Originated in UK – Concept of fiefdom.
● Under English law, Escheat can happen in two ways:
○ Property of convicted felon. If executed, legal heirs could not inherit the property.
○ Dying intestate without leaving any legal heir.
● Sometimes extends to Bona Vacantia.
Meaning
● The transfer of estate assets or property to the state, if an individual dies intestate or
without a will and legal heirs.
● The underlying presumption is – a property always has a recognized owner.
● Escheat can be used against both movable and immovable assets.
● Rt. to acquire property by escheat and bona vacantia – not as per law of succession but
attribute of sovereignty.
● Legal interest in land was destroyed by operation of law.

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Definition
● The Telangana Escheats and Bona Vacantia Act, 1974
● Section 2(iv): “Escheat” means any property the owner of which dies intestate and
without leaving legal heir.
● Any property – movable, immovable, intangible also.
As per Byrne Dictionary, it is provided that “where person possessed of personal property,
intestate and leaving no next-of-kin, the Crown becomes entitled to all such property.
Black’s Law Dictionary defines escheat as “the preferable right of the state to an estate left
vacant, and without there being any one in existence able to make a claim thereto.”
Although dense, the definition, once parsed, describes a relatively simple concept: under
the laws of nearly every state, a business that is holding property on behalf of a third-party
(called the “owner”) is obligated to report and turn over the unclaimed property to the
state, after passage of a prescribed “dormancy” period.
Escheat in Hindu Law
The law of escheat of lands for want of heirs was witnessed in old Hindu society. It was
called then as ‘Gayari’.
In Biswanath Khan and others vs. Prafulla Kumar Khan, Justice A.M. Bhattacharjee
observed that: “not that such a doctrine (escheat) was unknown in India for our ancient law-
giver Manu, for example, declared more than 2000 years ago thus in Manusawhita (Chapter
IX, Verse 189) Aharajyam Brahmanadravyam Rajna Nityamiti Sthiti, Itareshantu Varnanam
Sarbabhave Harenripa. This, while negativing the king’s right to Brahminical property even
of failure of all heirs, affirmed the king's title to all the properties belonging to person of
other classes dying leaving without any heir”.

Section 2(iv) of the Telangana Escheats and Bona Vacantia Act, 1974,
defines the term “escheat” to mean any property the owner of which dies intestate and
without leaving legal heirs. That means, for constituting escheat two conditions must
prevail, namely,
A. The property owner must die intestate and
B. He must not have any legal heirs.
In such cases, the State becomes the owner of such property.
Article 296, Property accruing by escheat or lapse or as bona vacantia: Subject as
hereinafter provided any property in the territory of India which, would have accrued to His
Majesty or, as the case may be, to the Ruler of an Indian State by escheat or lapse, or as
bona vacantia for want of a rightful owner, shall, if it is property situate in a State, vest in
such State, and shall, in any other case, vest in the Union.
Provided that any property which at the date when it would have so accrued to his Majesty
or the Ruler of an Indian State was in the possession or under the control of the
Government of India or the Government of a State shall, according to as the purposes for

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which it was then used or held were purposes of the Union or a State, vest in the Union or in
that State.
The doctrine of ‘Eminent domain’, in its general connotation means the supreme power of
the king or the government under which property of any person can be taken over in the
interest of the general public. However, over the years such taking over the property by the
king or the government has been made possible only after compensating the landowner of
such property. Thus eminent domain explained as the power of the king or the government
to take over the property of a private person when it is needed for a public purpose. The
doctrine of ‘eminent domain’ is based on two maxims namely
 Salus Populi supreme lex esto, which means that the welfare of the people is the
paramount law, and
 Necessita public major est quam, which means that public necessity is greater than
the private necessity.
At present, the exercise of eminent domain is not limited to real property. Governments
may also condemn personal property, such as supplies for the military in wartime,
franchises, this includes intangible property such as a contract rights, patents, trade secrets,
and copyrights.
Eminent Domain is the power of the State to appropriate private property for its own use
without the owner’s consent. The Land Acquisition Act, 1894 contained the power of an
eminent domain. The meaning of the power in its irreducible term is:
 power of the sovereign
 to acquire the property of an individual
 for public use
 without the necessity of his consent.
This power is based on the sovereignty of the State. Payment of just compensation to the
owner of the land which is acquired is part of the exercise of this power. Eminent domain
power is regarded as an inherent power of the State to take private property for a public
purpose. This power depends on the superior domain of the State over all the property
within its boundaries. An incidental limitation of this power is that the property shall not be
taken without just compensation.
The expression “eminent domain” means permanent (eminent) dominion (domain) of the
state on the property. The power of the State to take private property for public use and the
consequent right of the owner to compensate now emerge from the constitution of India.
In entry 42 list III of the seventh schedule under Indian Constitution, both union and States
government are empowered to enact laws relating to the acquisition of property. The use of
eminent domain power for land acquisition is also justified when the public purpose in
question can be served by only a specific piece of land, which has no substitute.

Police power vis –a – vis Eminent Domain ( 6M )

Understanding the difference between the government's police powers and its power of
eminent domain is important. Because, generally speaking. when the government acts
under its police powers, any impact that may have on property is not compensable. (Need
not pay any compensation)

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But, when the government acts under its eminent domain power, any impact to private
property is compensable. (Govt needs to pay compensation).
Eminent Domain vs. Police Power
Although the government may take private property from any private person including
his/her house - there are specific requirements and limitations to its power of eminent
domain.
The first factor that defines the power of eminent domain is that the government
cannot take property from anyone (either literally or by way of damaging or devaluing it)
without paying him/her "Just compensation" (Reasonable compensation for the property
taken). The second most important factor applicable to the eminent domain power is that
the government may not take private property unless It is for a public purpose. Unless the
government takes private property for a public purpose, its exercise of the power is not
valid
Thus, under its eminent domain powers, the government may take private property
as long it is for a public purpose and Just compensation is paid for the taking. In ,contrast,
the government police powers allow to regulate property for the benefit of the public with
out paying the property owner compensation.
What this means is that the government can prevent a property owner from doing
certain things with his or her property .The most common examples of this are zoning
(dividing) and land use restrictions, and environmental or health code regulations.
so , when the government acts through its police powers- properly and without
overstepping those powers - it's generally does not have to pay the property
owner compensation.
Also derived from police power is the right to damage or destroy private property
without compensation to the owner when it is necessary to protect the public interest this
may happen .
For example, when a condominium unit is on fire and the fire department must
destroy and adjoining unit to extinguish the fire and save the rest of the building.
Although the government would not be required to compensate an owners such
destruction,a valid claim may be filed against the insurance policy covering the burning unit
or against owner's own policy.

DOCTRINE OF BONA VACANTIA

Introduction
❖ “Bona Vacantia” – Vacant Goods / “Ownerless Goods”. In Hindi - “Laawaris”
❖ Legal concept associated with property that has no owner.
❖ Origins in English common law.
❖ Bona vacantia - property, which remains unclaimed after a certain period of time,
sometimes reverts to government ownership.
❖ The government is obliged to serve as custodian for bona vacantia property into
perpetuity.
Definition
❖ The Telangana Escheats and Bona Vacantia Act, 1974.

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❖ Section 2(i): ” includes any property, situated in the State, of which there is no rightful
owner, but does not include an escheat or any movable property found in a public place.
❖ Also dealt under Art. 296 of the Constitution of India.

The Telangana Escheats and Bona Vacantia Act, 1974

Authorities under the Act

❖ Government of Telangana.
❖ Competent Authority – (Board of Revenue / any other person appointed as such)
(General Superintendence).
❖ Local Officers – District Collector / any other officer appointed as such. Under the
competent authority.
Steps in Declaration
❖ Inquiry by the local officer: information from any source about escheat / bona vacantia
property.
❖ Possession by local officer: if lying vacant or in possession of persons resisting it – to
approach the court with approval of competent authority and file suit for declaration of
govt’s rights & obtain possession.
❖ Care & Maintenance: as soon as possession taken local officer shall arrange for its care
and maintenance.
❖ Publication: after custody, inviting persons who may have claim over the property to
raise their claims – 3 months time.
❖ If claims received – to be referred to civil court and tried as suit.
❖ Publication of Declaration: after court case and after taking custody – local officer -
publication in Telangana Gazette & newspaper.
❖ 12 years time limit: Immovable Property vested in State by escheat or bona vacantia –
not be alienated by sale / grant till it is their in the possession of the govt. for 12 years.

Disposal of Property
❖ Property accrued by Escheat and Bona Vacantia may be disposed of-
➢ By the Government irrespective of its value;

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➢ By the Competent Authority, where its value does not exceed ten thousand rupees;
➢ By the local officer, where its value does not exceed two thousand rupees.

Meaning of Bona Vacantia:

 ‘Bona” is a Latin term means goods and ‘Vacantia” is a Latin term means vacant.
 ‘Bona Vacantia’ literally means vacant goods and is the legal term given to an
ownerless property that passes to the Crown.

The principle behind the doctrine of Bona Vacantia is that ‘the State may more
properly be custodian and beneficiary of abandoned property than any other person.
The doctrine of Bona Vacantia was declared to be part of the law of India by Privy
Council as early as in 1860 in the case of Collector of Masulipatnam vs. Cavaly Vancata
Narrainappa.
In India, the scope of Bona Vacantia is wider than England. In England, the states
right to Bona Vacantia is limited only to a treasure trove, wreck, waifs, estrays or whole or
sturgeon. But in India, a property which has no rightful claimant will in all cases be taken by
the state.
In Bombay Dyeing and Manufacturing Co. vs. The state of Bombay, it has been held
that the term ‘Bona vacantia’ comprises properties of two different kinds, those which come
in by escheat and those over which no one has a claim.

 Bona vacantia is used to describe a situation where a certain amount of goods are
unclaimed over a period of time.
 No ownership is claimed over those goods or property.
 When such a situation arises then the goods or the property goes to the government
and the government serves as the custodian of those goods or property.
 The government has to take such goods and act as their owners for perpetuity. The
cases of such ownership arise when the goods or the property are being abandoned
when the person dies without any living heirs.
 Such a situation can also arise when a business or unincorporated association is
dissolved the assets thereof are not distributed appropriately.
 Other processes how such situation arises are when a trust in the path of failing or
when the property owner is nowhere to be found and does not any information
about its whereabouts.
 Ownership and property are two interrelated concepts.
 There cannot be any ownership without any property and also there can be any
property without ownership.
 However, Bona vacantia are those goods and property which loses its ownership
over a period of time and remains the same for a long time.

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A fine line of distinction between ‘escheat’ and ‘bona vacantia’ is that is ‘escheat’, the state
becomes the owner of the property when a person dies without heir or successor as his
ultimate heir, whereas in ‘Bona Vacantia’ there is not even an owner of the property and
the state merely takes possession of the property, which is an abandoned one.

THE TELANGANA RIGHTS IN LAND & PATTADAR PASSBOOKS ACT 1971

Introduction
● It came into force w.e.f. 15-08-1978.
● Rules made in 1989
● Implementation Commenced from 9-6-1989.
● Initially extended to whole Andhra Pradesh after the formation of Telangana it was
adapted by Telangana Adaptation of Laws Order, 2016.

Reasons for Enactment

● Organization of credit - to the farmers by multiple agencies including government
departments.
● Hardship faced by farmers – approaching village functionaries to obtain village revenue
records & encumbrance certificates.
● To provide one document to farmers to get Agricultural loans.
● To have single Legislation throughout the State.
● Changes / Mutations are not being effected / names of deceased persons are continued
in Revenue Records.
● Regulation of unregistered alienations or other transfers
Important Definitions
● Land - means land which is used or is capable of being used for purposes of agriculture,
including horticulture but does not include land used exclusively for non agricultural
purposes.
● Occupant - means a person in actual possession of land, other than a tenant or a
usufructuary mortgagee.
● Owner - means a person who has permanent and heritable rights of possession on the
land which can be alienated and includes the holder of a patta issued to him as a landless
poor person.
● Pattadar - includes every person who holds land directly under the Government under a
patta whose name is registered in the land revenue accounts of the Government as pattadar
and who is liable to pay land revenue.
● Khatadar - means any person having a Khata number or account to pay land revenue.
● Patta – Nowhere defined in the Act and it means a title deed to a property.
● Record of Right -means records prepared and maintained under the provisions, or for the
purposes of this Act

Preparation of Record of Rights (ROR)

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● Notification by the Commissioner (Survey & Settlements) – whole state or such area(s) –
for the updating of Record of Rights – Notification in Telangana Gazette and two local
newspapers.
● Notice by Recording Authority – Notice to be given in villages – calling persons claiming
interest in any land – in prescribed form – conducted enquiry after stipulated time.
● RA to pass orders – after enquiry – requiring change of registry due to death of registered
holder, succession, sale and gift, etc. through registered document.

Change not to be in contravention of:

 The A.P. Land Reforms (ceiling on Agricultural Holdings) Act 1973.
 The Urban Land (Ceiling Regulation) Act.
 The A.P. Assigned Lands (Prohibition of Transfers) Act 1977.
 The A.P. Scheduled Areas Land Transfer Regulation 1959.

Preparation of Draft ROR –

Telangana Record of Rights is an extract from the land records registers held by the Revenue
Department of State Government. ROR 1B contains complete information regarding the
land property and history of holders of land. This revenue document is a crucial indicator of
the legal status of a property.

With a view to provide Record of Rights (ROR) in the lands held by the Ryots, and also to
give title deeds, the R.O.R. work is taken up in the State as per R.O.R. Act 1971, as amended
in 1980, 89 and 1993. As per the provisions contained in sec.3(1) of the Act, the Record of
Rights (ROR) shall be prepared and brought up to date.

The Recording Authority will conduct enquiry under Rule 6,7,8 and verify the documents
and inspect the land. After completion of the enquiry, the Recording authority shall pass
orders in respect of all cases requiring change of Registry due to death of the registered
holder, succession, sale, gift after duly satisfying that the change of registry.

There after publish notice in Form-III as prescribed under Rule 5(2) (a) to (e) to the effect
that draft R.O.R. has been prepared and the persons concerned shall furnish a statement on
their claims Enquiry shall be held by the Recording Authority as per rule 11, to examine the
claims received. After the completion of enquiry under rule 11 the Recording authority shall
confirm the draft ROR under rule 13 (1).

Completion of the preparation of the R.O.R. shall be notified in the District Gazette and
A.P.Gazette in Form-IV. Once Pass Books and Title Deeds are distributed, Form-IV for those
villages should be published in the State Gazette. Copies of the Gazette should be given to
credit agencies indicating that no loan in those villages shall be granted without production
of pass books and title deeds after 3 months from the date of publication of the notification
in the State Gazette.

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● Preparation of Draft ROR – after passing orders – by RA – Notice calling for claims if any –
RA to hold Gram Sabha and read out Draft ROR – hold enquiry within 40 days from notice-
hear claims and objections.
● RA to Determine – whether to alter ROR or not.
● RA to confirm draft ROR – Suo Moto powers upon MRO, RDO, SDC, DRO, Collector / any
officer authorized by him to suo moto test and revise entries in ROR.
● Completion of ROR – to be intimated by publication in gazette.
● Read out in Gram Sabha – to be done by RA.
● Tahsildar / MRO – to recast information in 1B Register and authenticate each entry.

Pattadar Passbooks & Title Deeds

● Every owner and pattadar to apply to Tahsildar for issuance of title deeds and Passbooks
– where no application made Tahsildar can issue suo moto.
● Prepared by taking village as one unit.
● Title deeds only in respect of Pattadar – Owner.
● PPB shall have the same evidentiary value as that of the registered document.
● Entries in passbook sufficient to grant loans.
Cautions & Safeguards
● It must be ensured that there is clear transfer of property to the claimant from the
registered holder of the land.
● The Recording Authority is simply making entries in ROR record as per the title already
possessed by the claimant.
● The Recording Authority is not the Adjudication Authority.
● The claimant must also be in physical possession over the land.
● If it is by succession, the joint statement by all the legal heir shall be recorded.
● The claimant thus to possess undisputed title and unambiguous possession of the land.

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ROR -IB Record

● ROR 1B record has to be prepared after ROR Register.
● The lands held by the persons in different survey numbers are entered at one place,
● The record is prepared Khata-wise.
● It is simply an extract of ROR-I register.
● Lands held by those who are recorded as pattadars, owners and are in possession as per
ROR-I register alone have to be brought into ROR 1B register.
● The pattadar Pass Book, Title Deed are replica of the entries pertaining to specific
Khatadar in ROR-1B register.

Appeals & Revision

● Appeal lies to Revenue Divisional Officer on the orders passed by MRO/ Tahsildar on
disposal of claims.
● RDO/Sub-Collector call for records suo-moto-pass orders – giving notice and hearing to
the parties related to orders passed by MRO
● Appeal to be filed within 60 days.
● Revision lies to the Collector against the decision of RDO within 90 days - Revision can also
be taken Suo-Moto.
● Revision by collector is final – However Suits can be filed before civil court - WP can be
filed.
Sample Pahani

The Telangana Rights in Land & Pattadar Passbooks Act 2020

Salient Features
● Definition - “Dharani” means the digital platform created and maintained for the
purposes of Record of Rights.
● Definition - “pattadar pass book-cum-title deed” means the Pattadar Pass Book-cum-Title
Deed issued under the provisions of this Act.

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● Definition - “Record of Right (ROR)” means records prepared and maintained

electronically under the provisions, or for the purpose of this Act in “Dharani”.
Salient Features
● Registration and effecting Change in Record of Rights when right over the land acquired
by way of sale, gift, mortgage or exchange - To be done before the Registrar (Tahsildar cum
Joint Sub Registrar).
● Effecting Change in Record of Rights when acquired the right over the land through
succession, survivorship, inheritance - To be done before the Tahsildar.
● Effecting Change in Record of Rights when acquired through court decree - To be done
before the Tahsildar.
● Power to cancel fraudulently issued pattadar passbooks - power vested with the collector.
● Constitution of Special Tribunals for hearing appeals and revision.
● The Telangana Rights in Land and Pattadar Pass Books Act, 1971 in force is hereby
repealed.

SAQ (6M)
1 ) Patta
Ans. A Patta is a legal and important document which acts as a revenue record of the
specific piece of land. The Patta is issued by the government in the name of the owner of
the piece of land. It's also referred to as "Record of Rights (ROR)". A Patta includes records
of:
 Owner name.
 The number of Patta.
 Survey number and subdivision.
 Name of the respective district, taluk and village.
 Dimensions or area of the land.
 Tax details.
 Whether the land is a Wetland or Dryland.

Transfer of Patta: The transfer of Patta is exeqyted upon the sale of the property and the
procedure to transfer is like that of the registering of a Patta land.

 An application for the transfer of Patta should be submitted to the respective

Tehsildar office.
 The application will be either be accepted or rejected based on the examination of
the specified property and the documents which have been submitted along with
the application.
Documents Required
Along with the application of transfer of Patta to the Tehsildar, one has to submit the below
documents:
 Sale Deed (photocopy) along with the original for verification.
 Proof of possession such as the Paid Tax Receipt or electricity bill.
 Encumbrance certificate.

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Patta lands can be acquired on payment of compensation under the provisions of L.A. Act
for educational or other bonafide public purposes.

Patta establishes the lawful possession of the property. Patta is a primary document even
in building structures that confirms your legal possession on the ground. Patta is an essential
document as it also includes the measurement of the property.

2 ) Pattadar
Ans. Pattadar means a person who holds land directly under the Government under a patta
or whose name is registered in the revenue records as pattadar or as occupant and who is
liable to pay land revenue in respect of such land.
The Tahsildar shall issue a new Pattadar Pass Book-cum-Title Deed in case any of the
successors or the family members, as the case may be, when they do not hold a Pattadar
Pass Book-cum-Title Deed, or a duly updated in the existing Pattadar Pass Book-cum-Title
Deeds instantly. The Tahsildar shall also furnish extract of changes made in Record of Rights
to all of them.
All the persons in possession Pattadar Pass Book-cum-Title Deed shall furnish the details of
family members in the manner prescribed to the Tahsildar. The Tahsildar shall make entries
of the family members in Pattadar Pass Book-cum-Title Deeds.
The idea is to update ownership records of non-agricultural property and avoid litigation. All
property owners told to register details online in dedicated portalwith a view to ending
litigations and ensuring full rights on their properties, the Telangana Government has
decided to issue meroon coloured Pattadar Passbooks to the owners of all non-agricultural
properties, including plots, houses and flats.
The State Government, which brought in a new Revenue Act recently, said that the owners
of such properties, including those who built structures like farm houses in agricultural
lands, will be given the new Pattadar Passbooks free of charge. "Our aim is to protect the
properties through the revolutionary new Revenue Act. The Pattadar Passbooks will be
issued to protect people permanently from land litigations and disputes and confer them
with full rights on their properties," Telangana Chief Minister K Chandrashekar Rao said.
3 ) Sadabainama
People in rural areas of the state used to sell and purchase lands without registering the
same. These transactions are called 'sada bainamas' (which are agreements of sale and
purchases made on papers) in general parlance. These 'sada bainamas transactions were
earlier regularised under Record of Rights (RoR) Act. The government replaced the RoR Act
and brought in the new Revenue Act from October 29.

Earlier, the state govt. had even started the Layout Regularisation Scheme in Telangana and
was inviting LRS Scheme application form at Irs.telangana.gov.in official website which has
now been closed. Sadabainama registrations for agricultural land are ongoing at Dharani
Portal.

As the state govt. of Telangana has released the New Sada Bainama Registration guidelines,
regularisation of agricultural land in rural areas becomes easy. It is important to note that

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this scheme is not applicable for agricultural land transactions using sadabainama in
Hyderabad Metropolitan Development Authority, Kakatiya Urban Development Authority,
municipal corporations and municipalities except for specified notified mandals.

CM K Chandrasekhar Rao had assured the State Assembly to regularise sada bainamas. For
this purpose, the state govt. had fixed 2 June 2014 as the cut- off date for land transactions
on Sadabainama which would be eligible for regularisation. Telangana govt. said stamp duty
and registration fee is exempted up to maximum extent of five acres in case of small and
marginal farmers. Moreover, ryots with more than 5 acres land should pay both the stamp
duty and regularisation fee.

The district collectors have been directed to follow the instructions scrupulously to
complete the process receipt of applications smoothly. Further operational guidelines for
processing of applications will be issued soon
The latest Sada Bainama registration guidelines issued on 18 October 2020 stipulate that all
the sadabainama applications for regularisation should be submitted through Mee Seva
centres only in the prescribed format.

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