1.

Award
The word award has not defined in Land Acquisition Act 1984. The land
acquisition officer is in no sense a judicial officer. The proceeding before
him can’t be called legal proceeding . he’s engaged to form recompense
under the land acquisition act. The jurisdiction of the gatherer is
restricted. He practices the chief and administrative power. The
grant cannot be authorized as decree of the court.
2. Relevant Provisions
Section 4 to 12 of the land acquisition act, 1894 accommodate the
procedure of constructing a bequest.
3. Meaning of Award
The decision or determination rendered by arbitrators or commissioners
or other private or extra-judicial deciders, upon an argument submitted to
them, also the writing or document emplying such decision. (Black’s Law
Dictionary)
4. Contents of Award
Following are the essential contents of the award
(i) Area of Land
The award must contain true and measured area of the land.
(ii) Amount of Compensation
The award must contain amount of compensation.
(iii) Apportionment of compensation
The award must contain apportionment of compensation.
(iv) Signature of collector
The award must be signed by the collector making the identical.
Procedure or steps taken by Land acquisition officer / collector before
making award
These are the steps taken by the land acquisition officer/collector before
making award.
(i) Publication of Preliminary Notification
Whenever, it appears to the provincial government that land within
the locality is required or is probably going to be needed for any public
purpose, a notification to effect shall be published within the official
Gazette.
(ii) Collector to cause public notice at convenient places section 4
The collector shall cause publish notice of the substance of such
notification to tend at convenient place within the said locality.
(iii) Officer may come upon the land section 4
Thereupon it shall be lawful for any officer, either generally or specially
authorized by such Government during this behalf and for his servants
and workmen to come upon any land in such locality.
(iv) Power to dig or bore into sub sol section 4
Thereupon it shall be lawful for any officer either generally or specially
authorized by such Government during this behalf and for his servants
and workmen to dig or bore in to the sub-soil.
(v) Power to try and do all other necessary acts
Thereupon it shall be lawful for any officer, either generally or specially
authorized by such government during this behalf and for his servants
and workmen to try and do all other acts necessary to determine whether
the land is customized for such purpose.
(vi) Power to line out boundaries of Land

Thereupon it shall be lawful for any officer either generally of specially

authorized by such government during this behalf and for his servant and
workmen to line out the boundaries of the land proposed to be taken and
therefore the intended line of the work if any proposed to be made
thereon.

(vii) Power to mark level, boundaries and line

Thereupon it shall be lawful for any officer either generally or specially

authorized during this behalf by such Government and for his servants
and workmen to mark such levels, boundaries and contours by placing
marks and cutting trenches.

(viii) Power to chop down any party of standing crop section 4

Thereupon it shall be lawful for any officer, either generally or specially

authorized by such government during this behalf and for his servants
and workmen, where otherwise the survey can’t be completed and
therefore the levels taken and also the boundaries and contours marked
to chop down and remove any party of any standing crop, fence or jungle.
(ix) Payment of Damages; Section 5;

The officer so authorized shall at the time of such entry pay or tender
payment for all necessary damage to be done as aforesaid.

(a) Dispute on the sufficiency of amount section 5;

In case of dispute on the sufficiency of the quantity so paid or
tendered he shall directly refer the dispute to the choice of the
collector or other chief Revenue officer of the district and such
decision shall be final.

(x) Hearing of Objections section 5-A;

(a) Period for raising objections

Any person fascinated by any land which has been notified under section
4, sub section 1 as being needed or likely to be needed for a public
purpose or for an organization may, within thirty days after the difficulty
of the notification, object to the acquisition of the land or of any land
within the locality because the case could also be.

(b) Mode of objection

Every objection under sub section 1 shall be made to the collector in

writing.

© Opportunity of being heard section

The collector shall give the objector a chance of being heard either head
to head or by pleader.

(c) Submission of case for the choice of provincial government

After making such further inquiry, if any, as he thinks necessary, submit

the case for the choice of the provincial government, along with the
record of the proceedings held by him and a report containing his
recommendations on the objections.
judgment
The decision of the provincial government on the objections shall be final.
(f) Meaning of term person interested

For the aim of this section an individual shall be deemed to have an

interest in land who would be entitled to say an interest in compensation
of the land were acquired under this act.
2. Describe the documents compulsory to be registered under the
registration act .
The Indian Registration Act of 1908 is an Act that was meant to consolidate the
enactments and customary laws relating to the registration of documents.
Registration is meant to conserve information related to the title of a property
through the years. Sec 17 of the Registration Act enlists the documents for
which registration is compulsory, such as sale deeds and rent agreements. Sec
17 of Registration Act is the definitive source to determine which documents
have to be registered. While the registration fees may vary from State to State,
the duty to register these documents is imposed across the country.

Sec 17 of the Registration Act mentions many documents for which registration
is mandatory, which are as follows:

(a) Instruments of gift of immovable property;

(b) Other non-testamentary instruments which purport or operate to create,

declare, assign, limit or extinguish, whether in present or in future, any right, title
or interest, whether vested or contingent, of the value of one hundred rupees and
upwards, to or in immovable property;

(c) Non-testamentary instruments which acknowledge the receipt or payment of

any consideration on account of the creation, declaration, assignment, limitation
or extinction of any such right, title or interest; and

Non-testamentary instruments transferring or assigning any decree or

order of a court or any award when such decree or order or award
purports or operated to create, declare, assign, limit or extinguish,
whether present or in future, any right, title or interest, whether vested
or contingent of the value of ₹100/- and upwards, to or in immovable
property.
(d) Leases of immovable property from year to year, or for any term exceeding
one year, or reserving a yearly rent;

(e) The documents containing contracts to transfer for consideration, any

immovable property for the purpose of section 53-A of the Transfer of the
Property Act, 1882 (4 of 1882) shall be registered, if they have been executed on
or after the commencement of the registration and other related laws
(Amendment) Act, 2001 and if such document are not registered on or after such
commencement, then they shall have no effect for the purpose of the said
section 53-A].

3. Industrial us

Bonafide Industrial Use Of Land In Maharashtra

The provisions in relation to purchase of agricultural land in Maharashtra for

bonafide industrial use has been in force since the year 1994. The Government
of Maharashtra subsequently brought significant reforms in the laws governing
the sale of agricultural land in the year 2016. As per Section 63 of Maharashtra
Tenancy and Agricultural Land Act (“MTAL Act”), an agricultural land cannot be
transferred to a person who is not an agriculturist without the permission of
Collector or an officer authorised by the State Government.

However, there are certain exemptions and one of the exemptions is that such
permission is not required under Section 63-IA of MTAL Act where a person is
selling agricultural land, to any person who is or is not an agriculturist and who
intends to convert the same to a bonafide industrial use where such land is
located within the areas as mentioned therein.

Here Is the concept of “bonafide industrial use” under MTAL Act and (ii) the
relevant provisions in relation to sale of agricultural land for bonafide industrial
use under Section 63-IA of MTAL Act.

CONCEPT OF “BONAFIDE INDUSTRIAL USE”:

The term “bona fide industrial use” has been defined under the explanation to
Section 63-IA of MTAL Act as “the activity of manufacture, preservation of
processing of goods, or any handicraft, or industrial business or enterprise, or the
activity of tourism within the areas notified by the State Government as the tourist
place or hill station, and shall include construction of industrial buildings used for
the manufacturing process or purpose, or power projects and ancillary industrial
usage like research and development units pertaining to bona fide industrial use,
godown, canteen, office building of the industry concerned, or providing housing
accommodation to the workers of the industry concerned, or establishment of an
industrial estate including a co-operative industrial estate, service industry,
cottage industry gramodyog units or gramodyog vasahats.”

RELEVANT PROVISIONS UNDER MTAL ACT:

As per Section 63-IA of MTAL Act, a person can sell land without permission of
the Collector, to any person who is or is not an agriculturist and who intends to
convert the same to a bonafide industrial use where such land is located within
the areas as mentioned therein.

Compliance pursuant to purchase of land under 63-IA of MTAL Act:

Sale is subject to the condition that land shall be put to bonafide industrial use
within a period of 5 years from the date of purchase.

Purchaser must inform the Collector of the conversion of the land for bonafide
industrial use within 30 days. This is in line with Section 44(2) of Maharashtra
Land Revenue Code, 1966 which provides for giving an intimation of date of
change of use of land within 30 days to Tehsildar and sending a copy to the
Collector.

Failure to inform the same within the specified period, may result in a penalty not
exceeding 20 times the amount of non-agricultural assessment.

Upon receiving an intimation from the purchaser, a sanad is granted to the

purchaser within a period of 60 (sixty) days from the intimation.

Consequences of non-utilisation of land:

If purchaser fails to put the land to bonafide industrial use within a period of 5
years, further extension of 5 years may be granted by Collector upon payment of
non-utilization charges at the rate of 2% of market value of such land as per the
then ready reckoner rates.

If the purchaser fails to put the land to bonafide industrial use within a total period
of 10 years then Collector shall resume land by giving notice of 1 month to the
defaulting purchaser and land shall vest in the Government, free from all
encumbrances.

Collector shall first offer the land to the original land holder on the same tenure
on which it was initially held by original holder for such bonafide industrial use
and at the same price at which it had been sold by the original holder.

In case of failure on part of original holder to buy the land, the land shall be
auctioned for any use consistent with and permissible under the development
plan or regional plan or town planning scheme.
 If person fails to utilize the land for bonafide industrial use, fully or partly and
wants to sell before the expiry of specified period of 10 years, he may be
permitted by the Collector to sell the land subject to payment of non-utilization
charges and transfer charges at the rate of 25% of the market value of such land
as per the then ready reckoner rates.

3. Vacant Land

Vacant land, under land laws, refers to a parcel of land that is not currently being used for
any active purpose such as agriculture, residential, commercial, or industrial activity. It
remains unoccupied and undeveloped, though it may be owned privately or by the
government. The legal status and treatment of vacant land vary depending on the specific
laws of a country or state. In India, for instance, vacant land has been the subject of
various legislative interventions, particularly under urban land regulation laws like the
Urban Land (Ceiling and Regulation) Act, 1976 (which was repealed in most states
later). This Act aimed to prevent the concentration of urban land in the hands of a few
and to ensure its equitable distribution. Vacant lands were subjected to ceilings, and
excess lands were acquired by the state for public use, such as housing or infrastructure
development. Even after the repeal of this Act, urban development authorities and
municipal corporations continue to monitor the use of vacant land, especially in urban
areas, to prevent land hoarding and ensure planned development. Moreover, under land
revenue laws, vacant land is often categorized separately for purposes such as taxation,
acquisition, or allotment. Governments may allocate such land for industrial
development, affordable housing, or infrastructure projects. In rural areas, vacant land
might be classified as wasteland or fallow land, and efforts are often made to bring such
lands under cultivation or to use them for social forestry or renewable energy projects.
Additionally, when land is left vacant for prolonged periods, local laws may require its
proper fencing, upkeep, or may even permit temporary usage under certain schemes to
prevent illegal encroachments. Therefore, vacant land holds a significant position in land
law, serving as a resource that can be tapped for various socio-economic development
goals while also being a focal point in land regulation, taxation, and planning
frameworks.

4. Cess

CESS is a tax imposed by the government for a specific purpose. Unlike regular taxes,
which fund a variety of expenses, CESS is earmarked for a designated goal. Once the
government collects this levy, it must be used solely for the intended cause.

For example, if the government imposes an Education CESS, the revenue

generated can only be spent on improving educational facilities, hiring teachers,
or building schools. It cannot be diverted to any other sector.

The concept of CESS helps the government raise additional funds without
increasing the general tax burden. It is often imposed during economic crises or
to address pressing social issues.
Key Features of CESS

Purpose-Specific: Funds collected are used only for the purpose mentioned.

Temporary in Nature: It is usually imposed for a limited time until the required
funds are raised.

Levied Over and Above Taxes: CESS is charged on the existing tax amount,
such as Income Tax or GST.

No Sharing with States: Unlike other taxes, CESS is not shared with state
governments. The central government retains it entirely.

Types of CESS in India

Over the years, India has introduced various types of CESS to address specific
needs. Some of these levies are still in place, while others have been
discontinued. Below are some key types of CESS imposed by the Indian
government:

Common types of CESS in India

Education Cess

The Education CESS was introduced to improve the education system in India. It
was levied at 2% on income tax and was specifically allocated to fund schools,
provide scholarships, and improve literacy rates. However, it was later replaced
by the Health and Education CESS in 2018.

Health and Education CESS

This CESS is currently levied at 4% on income tax, replacing the earlier

Education and Secondary & Higher Education CESS. The revenue generated
from this CESS is used to fund healthcare programs and improve educational
infrastructure across India.

3. Swachh Bharat CESS

To support the Swachh Bharat Abhiyan (Clean India Mission), the government
introduced the Swachh Bharat CESS at 0.5% on taxable services. It aimed to
improve sanitation facilities, promote cleanliness, and build better waste
 management systems. However, this CESS was discontinued after the
implementation of GST.

5. Krishi Kalyan CESS

Focusing on agricultural development, the Krishi Kalyan CESS was levied at

0.5% on taxable services. The funds collected were used to support farmers and
improve agricultural productivity. Like Swachh Bharat CESS, this too was
scrapped post-GST implementation.

GST Compensation CESS

When GST was introduced in 2017, states were concerned about losing tax
revenue. To address this, the government imposed a GST Compensation CESS
on luxury and sin goods (such as tobacco, aerated drinks, and luxury cars). The
collected revenue is distributed to states to compensate for their revenue
shortfall under GST.

6. Standard rent

This is mostly applicable in India. In India, the Rent Control Act forbids the
owner from charging more than the prescribed rent, regardless of market
rent. The standard rent is the rent that is legally permissible to charge to a
tenant. The standard rent has been defined in the rent control act as a state
act, and all states have definitions that may differ slightly in meaning from
one state to the next. According to the provisions of the rent control act, the
standard rent cannot be higher than a certain amount, regardless of the
market conditions, supply, and demand situation, or what the affording
tenants can pay to a landlord. If there is a disagreement between the
proprietor and the tenant about the rent or an increase in rent, either party
can go to court. If the rent is excessive, the court will determine the standard
rent.
1.1 Fixation of Standard Rent under Maharashtra Rent Control Act
(MRCA), 1999
The provisions governing rent fixation differ depending on the type of
tenancy. Tenancies can be broadly divided into three categories for this
purpose: existing tenancies where standard rent is chargeable, newly let
tenancies that are exempt from the provision of standard rent, and tenancies
that do not fall into the previous two categories. The property owner cannot
charge a rent that is higher than the standard rent for existing tenancies. The
tenant may file an application to the courts for the determination of standard
rent without regard to time constraints.
Standard rent (SR) is defined as the rent fixed by the court or rent controller
under previous enactments, or if the rent was not so fixed, the rent at which
the premises were let on October 1, 1987, or if not let on that date, the rent
at which the premises were last let before that date. Except in the case of
premises leased on October 1, 1987, the frozen rent will be increased by 5%.
Following that, the SR can be increased by 4% per year. If there is a
disagreement over the rent between the landlord and the tenant, the court
will set the standard rent. Existing tenancies where the rent was not fixed by
earlier laws and which were not leased on or before October 1, 1987, but
which were leased afterward, are not addressed by the act. If there is a
disagreement between the landlord and the tenant in such a situation, the
court may presumably fix the standard rent upon application from either
party.
However, the act provides no formula or guidelines to the court for
determining rent in such cases. Most rent acts include a formula based on
the cost of the house or a standard rent fixation based on rents in similar
premises. This oversight must be addressed. The determination of standard
rent is left to the court’s discretion as it sees fit.
Charging rent above the standard rent is prohibited in areas where the Act’s
rules apply. Such an offense is punishable by imprisonment for no more than
three months or a fine of no more than Rs 5,000, or both.
1.2 Permitted increase under MRCA,1999
Landlords have the right to raise the rent on any premises that has been
rented for any purpose by 4% per year. Rents can also be raised if repairs
or alterations are made to the rented property to improve its condition.
The increase in the latter scenario, however, should not exceed 15% per
year of the expenses incurred due to special additions. The proprietor
may also raise the annual rent if he is required to pay higher government-
imposed taxes. In this case, the rent increase should not be greater than
the increase in tax.

7. Class of Land

8. In India, for instance, vacant land has been the subject of various legislative
interventions, The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
(commonly referred to as the M.A.L.H.O.C. Act, 1961), was enacted with the
objective of imposing a ceiling on the holding of agricultural lands in the state of
Maharashtra. It aimed to promote equitable distribution of land, prevent
concentration of agricultural land in the hands of a few, and enable access to
land for landless and marginalized communities. One of the significant features
of this Act is the classification of land for determining the ceiling limit. The
classification is crucial because the permissible landholding limit under the Act
varies depending on the category or class of land.

9.

10. ### Classification of Land under the M.A.L.H.O.C. Act, 1961

11.
12. The Act classifies agricultural land into various classes based on the type of
irrigation facility available, the fertility of the soil, and the kind of crops that can be
cultivated. This classification helps determine how much land a person or family
unit is allowed to hold. The classes of land generally recognized under the Act
include:

13.

14. 1. **Class I Land (Irrigated Land capable of growing two crops):**

15. This class refers to highly fertile and irrigated land which has access to assured
irrigation facilities throughout the year and can support the cultivation of at least
two crops annually. These lands are considered to be the most productive, and
hence, the ceiling limit for such lands is the lowest among all classes. The idea is
that since the productivity is high, a smaller holding is sufficient for a decent
livelihood.

16.

17. 2. **Class II Land (Irrigated Land capable of growing one crop):**

18. Lands in this class also have irrigation facilities but are capable of growing only
one crop per year. These are generally less productive than Class I lands but
more productive than dry or rainfed lands. The ceiling limit for Class II lands is
higher than that of Class I, considering their moderate productivity.

19.

20. 3. **Class III Land (Dry or Rainfed Land):**

21. This includes land which is dependent on rainfall for cultivation and lacks
irrigation facilities. These lands are less productive and require larger areas to
achieve the same level of agricultural output as irrigated lands. Consequently,
the ceiling limit for Class III lands is higher than Class I and II lands.

22. 4. **Class IV Land (Hilly or Rocky Land)

These lands are typically unsuitable or marginally suitable for cultivation due to
their rocky, hilly, or otherwise unproductive nature. In some cases, they may be
excluded from the ceiling calculations, or allowed with a higher ceiling, as they do
not support intensive agriculture.

9. Encroachments under MLRC , 1996

 Encroachment under the Maharashtra Land Revenue Code (MLRC), 1966 refers
to the unauthorized occupation, use, or possession of government land or land
not lawfully owned by the occupant. The MLRC is a comprehensive statute that
governs the administration of land revenue and land-related matters in the State
of Maharashtra. One of its critical objectives is to safeguard government land and
regulate its lawful use. Encroachment is treated as a serious violation under this
Code because it can lead to the unlawful deprivation of public land that is meant
for communal, developmental, or agricultural use.

Under Section 50 of the MLRC, 1966, any person who unlawfully occupies or
encroaches upon government land or any land which he is not legally entitled to
occupy is deemed to be an “unauthorized occupant.” This includes construction,
cultivation, or any other form of use without the express permission or allotment
by the competent authority. The Collector or any other revenue officer authorized
under the Code has the power to take action against such unauthorized
occupants.

The procedure to deal with encroachment Is laid down clearly. Upon

identification of an encroachment, the revenue officer may issue a notice to the
occupant to show cause why they should not be evicted. If no satisfactory
explanation is provided, the officer may order eviction and remove the
encroachment. Additionally, the encroacher may also be liable to pay penal
assessment, which is a kind of fine or penalty imposed for the illegal occupation
of the land. In certain cases, the authorities can also seize or demolish structures
or crops raised on encroached land.

The law empowers the state to take swift administrative action without the need
for prolonged litigation, although the affected party has the right to appeal under
the provisions of the MLRC. The revenue authorities also periodically conduct
land surveys and inspections to detect encroachments, especially on lands
earmarked for roads, public utilities, forest lands, and other government
purposes.

In summary, encroachment under the MLRC, 1966 is viewed as a violation of the

legal rights of the state over public land. The Act provides a robust framework for
identifying, removing, and penalizing encroachments to preserve government
property for lawful and developmental use. This not only helps in ensuring the
availability of land for public projects but also maintains order in the land
administration system of Maharashtra.

Social Impact Assessment Study under the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013

The Social Impact Assessment (SIA) is a critical component of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR
Act). This Act was enacted to ensure that land acquisition processes in India are just, transparent,
and equitable, while also safeguarding the rights and livelihoods of those affected. The SIA study
plays a pivotal role in achieving this objective by systematically examining the potential social
consequences of any proposed land acquisition. It focuses on understanding how the acquisition
will impact individuals, families, communities, and the overall socio-economic fabric of the area.

Under the 2013 Act, the SIA is mandatory for all land acquisition proposals, except in urgent
cases as notified by the government. It must be initiated before any notification for land
acquisition under Section 11 of the Act is issued. The purpose is to evaluate whether the
proposed project truly serves a public purpose and whether the benefits outweigh the social and
environmental costs. The SIA study includes extensive public consultations with affected
families, local bodies, and stakeholders. It assesses a wide range of impacts such as
displacement, loss of livelihood, effects on social and cultural institutions, health impacts,
disruption of local markets, and effects on vulnerable groups including Scheduled Castes and
Scheduled Tribes.

The responsibility of conducting the SIA lies with an independent agency or institution, usually
appointed by the State Government. This agency is expected to prepare a detailed report which
includes a socio-economic and demographic profile of the affected area, a detailed list of
affected families, and an assessment of the potential social, cultural, and environmental impacts.
The study must also explore alternatives to the proposed project and suggest measures to
mitigate adverse effects. Moreover, the draft SIA report must be shared in public hearings at the
gram sabha (village assembly) level, especially in cases where the acquisition affects tribal or
rural populations.

The final SIA report is then evaluated by an Expert Group consisting of independent
professionals, which makes recommendations on whether the acquisition should proceed. If the
project is approved, a Social Impact Management Plan (SIMP) must be prepared and
implemented to address the identified impacts. The Act also mandates regular monitoring and
evaluation of the implementation of the SIMP to ensure compliance and accountability.

In essence, the SIA study is a tool of participatory governance. It empowers affected

communities by giving them a voice in the acquisition process and helps minimize forced
displacement and livelihood losses. By institutionalizing transparency and accountability, the
SIA under the 2013 Act seeks to create a more humane and rights-based approach to land
acquisition in India.