STUDY MATERIAL

LAND LAWS LAW INCLUDING TENURE AND

TENANCY SYSTEM

KHRUKU SHIJOH
LL.B
* MEANING OF THE TERM “ LAND REFORMS ”. SIGNIFICANT OF
LANDREFORM IN INDIA

India under the British Raj had witnessed a lot of such atrocious regulations that exploited the poor
and helpless in many aspects. Among them, land ownership contributed significantly to preventing
the socio-economic growth of the backward population.

The government of independent India came up with acts and laws to establish equal rights and
ownership of land, which now constitutes a crucial episode of India’s economy. In the following
lesson, you will come across a detailed discourse on land reforms in India after independence and
their importance.

In simpler terms, Land Reforms refer to the redistribution of Lands from the rich class to the
poor class. It includes operations, leasing, regulations of ownership, sales, and the inheritance
of Land since Land redistribution requires legal changes.

Almost all agricultural lands of India before independence were owned by

intermediaries, like jagirdars and zamindars, among others, and not by the
farmers who worked in these lands to produce crops. These farmers naturally
suffered from exploitation when the landowners paid no heed in agricultural
requirements and were solely concerned about the rent they collected from
these labourers.

After independence in 1947, an inadequate agricultural output was apparent. In order to fix this
situation, the Indian government took measures to alter existing regulations for a better outcome.
These acts formed agrarian reforms in India after independence.
land Reform- Types
Pre-Independence:
post- independence

IMPORTANCE OF LAND REFORMS

The main incentive of these land reforms is to act as an incentive for the farmers and the
cultivators of the land. If the government can assure their protection (from exploitation) and provide
them financial help, these farmers are willing to do the hard work. Once he is actually granted
ownership he can raise credit and cultivate his land to the full potential.
Another major advantage of such land reforms is that they can increase the agricultural output of the
country. This is done without any major influx of capital by the state. India was anyways struggling
with food self-sufficiency. These land reforms were a cost-free method to increase grain and
agricultural output from farms. And once the farmer is self-sufficient he will sell the market surplus
and help the economy.
These land reforms also helped in establishing a relationship between the farmers and the
government. During the British rule these farmers were heavily exploited and hence they became
disenfranchised. These reforms opened a dialogue between the government and the farmers. They
both cooperated to boost the agricultural sector of our economy.

And land reforms fulfilled one of the major goals of the FiveYear Plan – Equity. It provided social
justice to the crore of farmers across the country. It made sure the farmers benefitted from their own
labor and promoted equality of wealth. At the time of independence India inherited a semi-feudal
agrarian structure from the colonial administration. Ownership and control of land was concentrated
on the hands of a few wealthy landlords and Zamindars. After Independence, India has undertaken
various measures to undo the baneful structure and empower the farmers. Some measures to further
improve agricultural development were:

• Abolitionof intermediaries: Zamindari system was abolished. “Land to tillers” programme which
recognized the tillers rights over land encouraged further investment in agriculture.

• Tenancy reforms: They confirmed the occupancy rights of tenants and regulated rent that could be
levied. This too encouraged the farmers to take proactive steps to improve farm produce.

• Reorganization of land holdings: Land ceiling acts were enacted to regulate the amount of land an
individual could hold. It met with limited success since only 2 % of the land was reorganized by it.

• Encouragement of Boodhan and Sarvodaya moment: They appealed to the people’s consciousness
to donate land for the welfare of people.

• Consolidationof land holding: It was introduced to improve efficiency. It was successful in

Punjab, Haryana but failed in Southern and eastern states.

• Collective joint farming: It aimed to pool the individual land holdings under village communities
to reap the benefits of economies of scale. It was unsuccessful since people didn’t want to alienate
their land.

• National Land Records Modernization Program launched in 2008 aimed at updating and
digitalizing land records. It has brought clarity to the title of land holders and infused transparency.

* OPERATION BARGA

THE West Bengal government's Operation Barga completed one year in September 1979. It is a
crash programme undertaken by the Left Front government for recording of bargadars' within a
specified time frame. Recording of bargadars was also a part of the programme of the last
Settlement Operation. Then what induced the government to undertake this crash programme? The
answer requires a discussion in some detail.
There are three major constraints to BARGA recording.
Firstly very few bargadars are aware that the recording of their names gives them protection
against illegal eviction. But they know that any attempt made by a Bargadar to get his name
recorded will antagonize the landowner.
Secondly, the bargadars are exploited by the landowners in a variety of ways. The common method
of exploitation is that they are given a smaller share of the produce than they are entitled to. As
provided in the West Bengal Land Reforms Act, the produce of a barga land is divisible between the
bargadar and the landowner in the proportion of 50:50 where plough, cattle, manure and secds are
supplied by the landowner and in the proportion of 75:25 in other cases. Bargadars hardly get their
share of the produce from the landowners on the basis of this principle. If the bargadars remained
unrecorded, the landowners would be in a position to continue their exploitation. On the other hand,
recording would strengthen the position of bargadars and the landowners could be compelled to
give them their due share Therefore the landowners create all sorts of impediments to barge
recording. In many cases bargadars are subjected to economic pres- sure, intimidation and threats.
Quite often bargadars are physically assaulted and their houses are set on fire. Institution of cour
cases-- criminal and civil -is quite common. Under such condi tions it becomes difficult for the
bargadars of those areas where the peasant movement is not strong, to come forward and get their
names recorded.
Thirdly, bargadars are mostly indebted to the landowners who very often are also moneylenders. If
in time of need the landowners refuse to give loans in cash or kind to the bargadars they are left
with no other source from which they can borrow. If an indebted bargadar comes forward to get his
name recorded, his relations with his landowner immediately get strained and his source of
borrowing dries up. Obviously he shows reluc- tance to have his name recorded.
The government officials involved in the earlier recording operations displayed an attitude of
indifference to these constraints as they felt it was not part of their programme to educate the
bargadars and make them conscious of their rights. Moreover the officials used to set up the
recording camps in the houses of the rich people of the villages. The entry of the bar gadars to these
camps was very much restricted by the vigilance of the landowners and their henchmen. Under the
circumstances it was hardly possible to bring about tangible results in the recording operations.
With the installation of the Left Front government in 1977, a wind of change began to blow. The
new government was, of necessity, seized of the problem of hastening the recording opera- tion for
which a reorientation of the attitude of the recording officials towards the poor villagers was
essential. It was felt that the officials should now play an important role in persuading the bargadars
to come forward on a large scale to have their names recorded. This could be done effectively only
when the bargadars were properly educated about their rights and an atmosphere was
created in which the poor people who had so long been mentally shaken could speak to the officials
freely.
Reorientation Camps
For this the land reforms department began to organize reorientation camps in the districts. Each
camp was held with the participation of 30 to 40 poor villagers like bargadars, landless agricultural
labourers and small allottees of government vested lands and about 15 officials like junior land
reforms officers, kanungos (mouza revenue inspectors), agricultural extension offic who stayed
together for three days in the same premises without any distinction between an official and a
peasant. The atmosphere in the camp was congenial for a free exchange of views. The villagers
actively participated in the deliberations. They narrated their past experience, discussed the
problems of cultivation and made an appraisal of the barga recording system. At the first
reorientation camp2 a suggestion was put forward by the non-official really serious about barga re
nized in areas inhabited by sharecroppers and agricultural labourers belonging to the backward
classes so that the bargadars who have all along been scared of the landlords cainm forward for
recording their names. This suggestion was accepted by the government and follow-up action taken
up immediately.

Methodology of Operation

The outcome of this special camp was very encouraging. Subsequently, a workshop on land reforms
measures was held at the headquarters of the directorate of land records and survey, where some
operational decisions to hasten the process of barga recording were taken Up.4 It was decided to
organize camps of three to four days' duration in the carefully selected priority
pockets having a heavy concentration of bargadars. Squads consisting of kanungos, junior land
reforms officers, amins (village surveyors)and clerical staff, under the leadership of a Special
Revenue Officer, Grade II, or a Subdivisional Land Reforms Officer, would take up the work of
barga recording in these Allegations against Operation BargaLet us now examine some of the
allegations currently being made against Operation Barga. It is alleged that a plot already under
cultivation by a genuine record-holder is often registered in the name of some other person.6 This
allegation is not confirmed by the experience of those who have intimate knowledge of the
recording operations. The West Bengat Land Reforms (Amend- ment) Act, 1977, says that "a person
lawfully cultivating any land belonging to another person shall be presumed to be a bar- gadar in
respect of such lanid if such person is not a member of the family of the other person whose land he
cultivates" and the "burden of proving that the person is not a bargadar shall lie on the person whio
alleges that the person cultivating the land is not a bargadar in respect of such land." Prior to the
amendment of the Act in 1977, it was the responsibility of the bargadar to prove that he was a
bargadar under the owner. Now the onus is on the person who raises an objection.

Promotion of Economic Interests

Some people deliberately make an attempt to create confu- sion about the objective of Operation
Barga by pointing out that it has failed to bring about any definite change in the economic-
condition af the downtrodden.8 They conceal the fact that Opera- tion Barga was conceived as a
crash programme for recording of bargadars within a specified time frame and not as a measure for
bringing about any definite change in the economic condition of the bargadars.

* CEILING ON LAND HOLDING

With a few minor exceptions, no landowner can own more land than the allowed amount.
Significantly, the LRA includes non-agricultural land in its definition of “land.” West Bengal is the
only Indian State to use such a broad term of “land” in its land reform legislation. The intention is to
stop landowners from reclassifying agricultural land as non-agricultural to break the law.
Additionally, unlike most other states, the ceiling limit only applies to privately owned land; it does
not apply to leased land.

For an adult, single owner, the ceiling area ranges from 6.2 “standard acres” to a maximum of 17.3
“standard acres” for an owner with a nine-person family. For irrigated land, a “standard acre” is 1
acre, and for all other types of property, 1.4 acres. Other Indian states use “families” of up to five
people as the application unit rather than individuals. West Bengal is one of two Indian states where
the ceiling area is reduced if the number of family members is less than five.

The total ceiling limit has a few small exceptions:

1.The state government may extend the ceiling area if the land is used for charity or
religious reasons.

2.The State may also permit landowners to hold more than the maximum amount of property
if they want to build a township, factory, workshop, dairy, animal farm, poultry farm, or tea
garden.

3.The ceiling does not apply to local authority-owned property or land in the hills close to
Darjeeling.
Any land transferred after August 7, 1969, before the 1971 amendment is included in the calculation
of the size of the landowner’s holding as if the land had not been transferred or partitioned to
prevent landowners from anticipatory land transfers to avoid the ceiling. Genuine transfers or
partitions are exempt from this provision. Transfers to a specific set of family members are assumed
to be fraudulent.

Landowners with more land than the allowed amount must submit a document to the revenue
officer with detailed descriptions of the land they intend to keep and the additional land. Owners of
the land that exceeds the ceiling area are prohibited from selling, giving away, or parting any of
their lands until the excess has been ascertained and the State has taken ownership of it unless
specifically authorized in writing by the Revenue Officer. Landowners with more than the
maximum amount of land are subject to up to two years in prison and a fine of 5,000 rupees if they
refuse to provide the required paperwork without a valid reason or willfully make an error. The
Revenue Officer decides which property will vest in the State and takes possession after receiving
the paperwork.

Every piece of land over the ceiling area becomes fully vested in the State. A landowner’s surplus is
holding vests in the State if it ever surpasses the ceiling after the LRA’s start. If a bargadar is
cultivating ceiling surplus land, their right to do so is revoked on land larger than one acre. Any land
less than an acre in size belongs to the bargadar. The West Bengal Land Reforms Act does not
mention the bargadar being compelled to compensate the owner or the government for this land.
Landowners whose extra land becomes state property must receive compensation from the
government. If the land has been assessed, they are entitled to 15 times the land revenue. They are
entitled to 135 rupees per acre in cases where land revenue has not been considered. The prescribed
compensation is significantly less than the market value in both scenarios.

* PRINCIPAL OF DISTRIBUTION OF LAND {SECTION 49- 49A}

The rules for how the state government should divide the land that became its property either
because it exceeded the cap or was utilized unlawfully are outlined in Section 49 of the LRA.
People who live in the community where the property is located and who, with their family, possess
either no land or less than one acre of agricultural land receive such land free from the State. Before
the West Bengal Land Reforms Act, land distribution to proprietors with less than 2.47 acres was
permitted. However, the “one-hectare” limit was changed to a “one-acre” limitation in the LRA in
1980 to better focus the advantages on the landless and most minor landowners.
The State may distribute vested land for public purposes. Such as founding, upkeep, or preservation
of any educational or scientific institution or industry, in addition to providing it to the landless or
nearly landless—half of the land that a family cultivates as bargadars counts toward the total
quantity of land ownership. A grantee of agricultural land must have a farming use in mind. Those
who receive homestead land grants must not already have a homestead there and intend to do so.
Landless households, people from Scheduled Castes and Scheduled Tribes, and people who
organize themselves into cooperative societies are given preference among qualified people.

Anyone who has a family member “engaged or employed in any business, trade, endeavor,
manufacture, calling, service, or industrial profession” is not eligible to receive land under Section
49. However, this caveat does not apply to fishermen, craftspeople, or agricultural employees. In
addition, the West Bengal Land Reforms Act severely restricts a grantee’s ability to transfer the
land. Such land may not be sold, gifted, exchanged, or leased by the grantee.

A grantee may only transfer their land in the following ways, excluding transfers by
inheritance:

1.By a simple mortgage

2.Through a mortgage that entails the delivery of title deeds to specific financial institutions
or cooperative organizations listed in the West Bengal Land Reforms Act.

3.Furthermore, these mortgages can only be used to secure loans to improve agricultural
production, develop land, or build a residence.

* COMPARATIVE ANALYSIS OF THE LAND ACQUISITION ACT OF

1894

Land Acquisition in India refers to the process of acquiring land by the central or state
government of India for various infrastructure and economic growth initiatives. In return,
the government pays a suitable compensation to the land owner, as per the market value
and the government is made responsible for the rehabilitation and resettlement of the
affected land owners.

Acquisition and Requisition of property falls in the concurrent list , which means that both
the centre and the state government can make laws on the matter. There are a number of
local and specific laws which provide for acquisition of land under them but the main law
that deals with acquisition is The Land Acquisition Act, 1894.
Land Acquisition Act 1894 (LAA 1894) is a well drafted and well served piece of legislation

that served land acquisition purpose for more than a century. In general land acquisition is

composed of three macro-processes (Mahalingam and Vyas 2011):

 First, affected parties and their land ownership are to be identified.

 Second, fair processes by which stakeholders are notified of the acquisition and

are given a chance to voice their views followed by the declaration.

 Finally, an acceptable compensation package to be arrived upon and distributed.

On the face of it, the LAA 1894 seems to take all these three issues into consideration

(GoI 1985). The Act contains a definition of “persons interested” in the project which is

intended to be used to determine groups affected by the acquisition of the land, essentially

the owners of property i.e., farm or non-farm land. A detailed land acquisition process

consists of public authorities required to notify land owners prior to acquiring the land and

giving the affected stakeholders with an opportunity to contest both the acquisition of land

(on the grounds, for instance, that a particular parcel of land is not wholly or in part needed

for the project, that due process was not followed, or the purpose of acquisition is not for

public good), and determining the amount of compensation that is to be paid to them. Here

again, LAA 1894 defines several ways by which compensation can be awarded-including a

consideration of the market value of land, assets present on the land, income derived from

the land and a solatium for compulsory acquisition (GoI 1985), which is based on the

commonwealth experience.

However, there are several shortcomings in the practical implementation of the Act

(Raghuram, Bastian and Sundaram 2009):

•  First, there is no clear basis as to how affected parties can be determined and

the existing definition is imprecise. Very often, only the minimum subsets of

landowners who are affected are identified. Encroachers, sharecroppers, landless

labourers and so on, who have an interest in the land, are not compensated.

Several people practising agriculture are not legally registered and are thus not

eligible for compensation, leading to widespread unrest.

 •  Second, the process of acquisition is very time-consuming and can take up to

three years even if implemented without undue resistance. Further, although the

broad steps of the land acquisition process are outlined in the Act, an enormous amount of

discretion is vested upon the district collector and deputy collector (or tehsildar), who

effectively adjudicate on several objections related to the acquisition as well as on the

compensation to be provided. This often leads to decisions and awards that are ad hoc

and are not readily accepted by the local community.

 Finally, no clear formula is given as to how compensation must be calculated.

Government officials often consider the least value derived from all possible compensation

approaches and as a result the final compensation arrived at is often an order of

magnitude lower than that expected by landowners. The real value of this compensation is

further reduced due to the time lag between determining the compensation and awarding it

to project-affected parties. Project-affected stakeholders then need to seek recourse to the

judiciary. The unfairness of the compensation amount has been demonstrated in several

cases, where, the courts have ruled that the government pay compensation more than

three times the original amount, to affected parties. Nevertheless, the process of obtaining

such an award is extremely lengthy and in the interim, affected groups are effectively

uncompensated and landless.

* REHABITATION AND RESETTLEMENT ACT OF 2013

The RFCT LAR&R 2013 had introduced some significant changes to India’s land acquisition law.
The primary among them is the vastly increased compensation for the land owners, who were also
recognised as urban and rural land owners. The law therefore distinguished the operation of
differential forces of land markets operating in urban and rural setting while determining land value.
Therefore, the cash award required was raised to be at least four times the estimated local market
value of land in rural areas, and at least twice in urban areas. The act also mandates that all affected
parties be paid a Rehabilitation and Resettlement (R&R) package in addition to the cash
compensation for lost assets so that the displacement costs are met by projects. The scope of
‘Affected parties’ was also expanded to the persons and families whose primary source of
livelihood was the land that is being taken, which therefore includes the intended beneficiaries as
tenants of property, sharecroppers and agricultural workers who were employed on the seized land
(Bedi and Gangwani 2015).

The stipulated R&R package for affected community includes a variety of entitlements, including
transportation and resettlement allowances, a monthly stipend for one year, and a job for one family
member which can be exchanged for a lump sum payment. The compulsory R&R benefits may add
up to the cash value of nearly Rs. 6.5 lakhs for every affected family (Bedi and Gangwani 2015),
which were ignored so far. There are, in addition, conditional benefits to be provided to affected
families, such as the provision of constructed housing (with different built space entitlement for
rural and urban areas) when there is loss of homestead, some land-for-land in the case of irrigation
and urbanisation projects, and a share of capital gains if the land is resold undeveloped. Even
industries buying land on the open market will have to meet R & R obligations if the procured area
is 100 acres or more (50 acres in urban areas).

The RFCT LAR&R Act 2013 requires that a Social Impact Assessment (SIA) be conducted to
identify the affected families and calculate the social impact when land is acquired. A committee of
independent experts examines the SIA and approves the social impact assessment of the project, an
administrative committee reviews if it serves the public interest and also if the benefits outweigh the
costs, and the disputes are to be referred to a specially constituted body instead of civil courts.
Multi-cropped land is proposed not to be acquired except under special circumstances, and, even
under such, land acquisition must not exceed 5% of the cultivated area in the district.

The RFCT LAR&R Act 2013 required that if land acquired under it remained unutilised for five
years, it would be returned to the original owners or the government land bank. The Ordinance
states that the period after which unutilised land will need to be returned will be five years, or any
period specified at the time of setting up the project, whichever is later. The RFCT LAR&R Act
2013 also states that the Land Acquisition Act, 1894 would continue to apply in certain cases where
an award was made under the LAA 1894. However, if such as award was made five years or more
before the enactment of the RFCT LAR&R Act 2013, and the physical possession of

International Journal of Law & Management Studies | Volume III Issue II` land has not been taken
or compensation has not been paid, the LAR&R Act 2013

provisions would apply (GoI 2013).

The Ordinance also states that while calculating this time period, any period during which the
proceedings of acquisition were held up: (i) due to a stay order of a court, or (ii) a period specified
in the award of a Tribunal for taking possession, or (iii) any period where possession has been taken
but the compensation is lying deposited in a court or any account, will not be counted.
* PROCESS OF ACQUISITION OF LAND FOR PUBLIC PURPOSE
UNDER LAND ACQUISITION ACT 1894 AND SOCIAL IMPORT
ASSESMENT UNDER NEW ACT OF 2013
* Land acquisition is the process by which the government acquires private property for
public purpose.

* Till 2013, land acquisition in India was governed by Land Acquisition Act of 1894 .

Under the Land Acquisition Act of 1894, land can be acquired when it is needed either for a public
purpose or for a company.

Broadly speaking, the expression ‘public purpose’ means a purpose, which is in the general interest
of the community as opposed to the particular interest of individuals.

Procedure for the Land Acquisition

1.INVESTIGATION PROCESS
When a local authority or a company requires a land, an application is required to be made by it to
the revenue authority, accompanied with a copy of the plan showing survey nos., purpose of
acquisition and the reason for the particular site to be chosen and the provision made for the cost of
the acquisition.
After the government has been fully satisfied about the purpose, the least area needed, and other
relevant facts as provided under land acquisition rules, it will issue a notification under Section 4 of
the act that the particular land is required for public purpose.
2. Objection and Confirmation:
Objections are invited from all persons interested in land within thirty days from the date of
notification.
The objections will be valid on one or more of the following grounds:
*i. That the purpose for which the land is proposed for acquisition is not a public purpose.
*ii. That the land is not or less suitable than another piece of land for the said purpose.
*iii. That the area under acquisition is excessive.
*iv. That the acquisition will destroy or impair historical or artistic monuments or will desecrate
religious buildings, graveyards and the like.
3. Claim and Award :
The collector will issue notices under Section 9 to all persons interested in the acquisition to file
their claim reports.
In determining the compensation the market value of the land is determined at the date of
notification. The rise and fall in the value during the period of transaction and notification is taken
into consideration.
Compensation is also payable when:
*i. Part of the property is proposed for acquisition in such a
manner that the remainder depreciates in value.
*ii. When the land notified for acquisition has standing crops or trees.
*iii. If the person interested has to change his place of residence or business then the excess rent
payable for the new premises is also considered for compensation
After necessary inquiries the collector declares his award showing true area of the land, total
amount of compensation payable and apportionment of compensation if there are more than one
owners or claimants.
4. Reference to Court
Any person interested to whom the award is not satisfactory can submit a written application to
the court.
This application should be made within six weeks from the date of declaration of the award.

Case
susanna v state of kerala(1997 (2) KLT SN 2 P.3)

* It was held that the publication of the preliminary notification in all the three modes are
mandatory and the omission therof renders the notification void

What is Public Purpose?

Public
purpose includes the following:
•  Strategic use by the armed forces, paramilitary, state police for national security
•  Infrastructure projects except private hospitals, private education institutions and
private hotels
•  Projects related to industrial corridors, mining, national investment and
manufacturing zone, sports, healthcare, tourism and space programmes
•  housing projects for income groups specified by government
•  projects planned for development of village sites, residential areas for lower
income groups in urban areas
 •  projects involving agro-processing, warehousing, cold storage, marketing
infrastructure, dairy, fisheries and meat processing cooperatives

SOCIAL IMPORT ASSESMENT UNDER NEW ACT OF 2013

On January 1, 2014, the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 has come into force. This law replaced the Land
Acquisition Act of 1894. The law regulates the acquisition of land by government (Centre and states
except J&K) for industrialization, development of essential infrastructural facilities and
urbanization. It puts in place the rules for granting compensation, rehabilitation and resettlement to
the affected persons. The law makes sure that__:

The affected persons get fair compensation when their land is taken away:-
•  Transparency is brought into the process of land acquisition.

•  Adequate provisions are made for rehabilitation of the affected people.

•  The affected families are least disturbed.

•  Local self governments including Gram Sabhas are consulted in the process of

land acquisition.
•  The affected persons become partners in development post acquisition.

•  Mandatory consent of at least 70% of affected people for acquiring land for

public-private partnership (PPP) projects and 80% for acquiring land for private
companies.

SOCIAL IMPACT ASSESSMENT

*SIA is predicting in advance, the social impacts (social/ cultural, economic, infrastructure
and public services, physical cultural resources and intangible cultural resources) likely to
follow from a project proposal.

* Outcome: Proposing suitable steps necessary to prevent/contain harmful potential impacts

of proposed projects.

First stage: Social Impact Assessment (SIA) Study by Government

The process of land acquisition starts with the Preparation of Social Impact Assessment Study.
Whenever government intends to acquire land for a public purpose, it shall consult the concerned
Gram Sabha, Panchayat, Municipality or Municipal Corporation and then carry out a Social Impact
Assessment study in consultation with them. When and how this consultation will take place, is
defined by the government via notification.

Such notification will be brought out in local language and will be made available to the Panchayat,
Municipality or Municipal Corporation and the offices of District Collector and SDM. It will be
published in the local media and will be uploaded on relevant website of the government. The act
mandates the government to ensure that adequate representation has been given to the
representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation while
conducting such SIA study. This study has to be finished in 6 months time.

After the SIA has been finished, the government would prepare Social Impact Management Plan.
This plan would list all that would be needed to ameliorate the impacts caused by the land
acquisition. The SIA includes a public hearing in the affected area. The report of the SIA is made
public and is made available to local government offices.

Stage-2: Appraisal of SIA

Once the SIA study is over and its report is ready, the government will refer this report to an
independent multi-disciplinary Expert Group. This expert group has to be constituted by the
government. This expert group has representatives as follows:

 Two non-official social scientists

 Two representatives of the local self government i.e. Panchayat, Gram Sabha, Municipality or
Municipal Corporation

 Two rehabilitation experts

 One technical expert.

The chairperson of this expert group will be the person nominated from any of the above members.
This group will study the SIA report. If this group finds that the project does not serve any public
purpose or the social costs and adverse social impacts of the project outweigh the potential benefits,
they will recommend so within 2 months time. Once it is done, no acquisition can take place and the
entire process is abandoned. However, story does not end here. Even if the expert group says no, the
government is able to acquire the land. The Government would need to record in writing that__:

 project is legitimate and bona fide public purpose

 it’s potential benefits and the public purpose outweigh the social costs and adverse

social impact

 minimum area of land required is proposed to be acquired

 There is no unutilized land which has been previously acquired in the area. The above discussion
makes it clear that although the expert group has power to reject the project, the government shall
have an upper hand and overriding powers.

Stage 3: Notification and acquisition

After the above two stages are complete, the government would put in place a preliminary
notification in which it would publish the details of the land acquired. This notification will be
made accessible in local area via various media. The local governments are informed about this
notification. Once the notification is out, no person of the affected area can sell any land or make
any other land related transactions. The officers are empowered to enter upon and survey and take
levels of any land in the area. The Collector, the Administrator for Rehabilitation and Resettlement
shall conduct a survey and undertake a census of the affected families. A draft Rehabilitation and
Resettlement scheme is prepared by the Commissioner of the Rehabilitation and Resettlement. The
details of this scheme are made available to local public via various media.

Stage 4: Rehabilitation and Resettlement Awards

After the land acquisition is over, the collector shall pass Rehabilitation and Resettlement Awards
for each affected family. This award will comprise:

 Amount payable to a family

 Bank account number of the person to whom the amount is tranferred

 Particulars of the house site and house to be alloted in case of displacement

 Particulars of land allotted to the displaced families

 Particulars of one time subsistence allowance and transportation allowance in case

of displaced families

 Other such payments and allowances as per the act

# FIXATION OF THE FAIR RENT (SEC.17) AND THE POWER OF

THE CONTROLLER/ADDITIONAL/DEPUTY CONTROLLER
(SECTON 39)

(1) The Controller shall, on application made to him either by the landlord or by the tenant in the
prescribed manner, fix the fair rent in respect of any premises in accordance with the provisions of
this Act.
(2) The fair rent for a year in respect of any premises constructed and let out after the year 1984,
shall be fixed [1] [on the basis of annual payment of an amount equal to six and three-fourth per
cent per annuam of the aggregate amount of the actual cost of construction and the market price of
the land on the date of commencement of construction.]
Explanation.--The cost of construction of a premises shall include the cost of water supply and
sanitary and electric installation and shall be determined with due regard to the rates adopted for the
purpose of estimate by the Public Works Department of the State Government for the area
concerned. The Controller may allow or disallow the variation of estimates upto ten per cent,
having regard to the nature of the premises :
Provided that while calculating the market value of the site on which the premises was constructed,
the Controller shall take into account only the portion of the site on which the premises was
constructed and sixty per cent of the portion of the vacant land, if any, appurtenant to such premises,
the excess portion of the vacant land being treated as amenity.

(3) Where a tenancy subsists for twenty years or more in respect of the premises constructed in or
before the year 1984, the fair rent shall be determined by adding to the rent as on 1.7.1976 not more
than three times, and then deducting the increase, if any, in the manner provided in Schedule II, or
by accepting the existing rent if such rent is more than the increased rent determined according to
that Schedule.
(4) Where a tenancy subsists for ten years or more but less than twenty years in respect of the
premises constructed in or before the year 1984, the fair rent shall be determined by adding to the
rent as on 1.7.1986 not more than two times, and then deducting the increase, if any, in the manner
provided in Schedule III, or by accepting the existing rent if such rent is more than the increased
rent determined according to that Schedule.

[2] [(4A) Where a tenancy subsist for twenty years or more in respect of the premises constructed in
or before the year 1984 and used for commercial purpose, the fair rent shall be determined by
adding t the rent as on 1.7.1976 five times or by accepting the existing rent if such rent is more than
the increased rent determined under this sub-section.

(4B) Where a tenancy subsists for ten years or more but less than twenty years in respect of the
premises constructed in or before the year 1984 and used for commercial purpose, the fair rent shall
be determined by adding to the rent as on 1.7.1986 three times or by accepting the existing rent if
such rent is more than the increased ret determined under this sub-section.]

(5) Where at the commencement of this Act, any proceeding is pending for fixation of the fair rent
of such premises under the West Bengal Premises Tenancy Act, 1956, the rent fixed under the said
proceeding shall be the fair rent under this Act.
(6) Where none of the foregoing provisions of this section applies to anypremises, the fair rent shall
be such as would be reasonable, having regard to the situation, locality and condition of the
premises and the amenities provided therein and, where there are similar or nearly similar premises
in the locality, having regard also to the rent payable in respect of such premises.

THE POWER OF THE CONTROLLER/ADDITIONAL/DEPUTY

CONTROLLER (SECTON 39)

Additional controller

1. Assisting the Controller: An additional controller is typically appointed to assist the primary
controller in carrying out their duties. This assistance may involve handling a portion of the
workload, including managing cases, conducting inquiries, and ensuring that the provisions of the
tenancy act are implemented effectively.

2. Rent Fixation: Similar to the controller, an additional controller may have the authority
to fix or regulate rents for certain premises. This could include determining fair rent,
preventing arbitrary increases, and ensuring that rents are reasonable.

3. Dispute Resolution: Additional controllers may be empowered to adjudicate disputes

between landlords and tenants, much like the primary controller. This could include
resolving issues related to eviction, non-payment of rent, and other matters arising from the
tenancy.

1. 4. Enforcement of Regulations: They may assist in enforcing various regulations outlined

in the tenancy act, ensuring that landlords and tenants comply with the terms and conditions
of tenancy agreements and other statutory provisions

DEPUTY CONTROLLER

In general, the powers of a Deputy Controller in tenancy laws often include:

1. Assisting the Controller: Deputy Controllers are typically appointed to assist the main
Controller in carrying out their responsibilities. This may involve handling specific cases,
conducting inquiries, and ensuring the effective implementation of the tenancy act.

2. Dispute Resolution: Like Controllers and Additional Controllers, Deputy Controllers may
have the authority to adjudicate disputes between landlords and tenants. This could include
resolving issues related to eviction, rent fixation, and other matters arising from the tenancy.
 3. Implementation of the Act: Deputy Controllers contribute to the overall implementation of
the tenancy act. They may be involved in activities such as inspections, inquiries, and
ensuring compliance with the provisions of the law.

4. Record Keeping: Deputy Controllers may be responsible for maintaining records related to
tenancies, including rent agreements, disputes, and decisions made by the Controller.

# DEPOSIT OF THE RENT TO THE CONTROLLER (SECTION 21)

(1) Where the landlord does not accept any rent tendered by the tenant within the prescribed period,
the tenant shall remit the rent to the landlord by postal money order within fifteen days of such
refusal.

(2) Where any tenant remits rent to the landlord by postal money order within the prescribed period
and it is returned to the tenant by the postal authority as undelivered, either on account of the
landlord having refused to accept the payment thereof or for any other reason, the tenant may
deposit such rent with the Controller within fifteen days from the date on which it is so returned to
the tenant.

(3) Where there is a bona fide doubt as to the person or persons to whom rent is payable, the tenant
may deposit such rent with the Controller in the prescribed manner.

(4) The deposit shall be accompanied by an application supported by an affidavit by the tenant
stating--
(a) the premises for which the rent is to be deposited and description of the premises sufficient for
identifying the same;
(b) the period for which the rent is to be deposited;
(c) the name and address of the landlord or the person or persons claiming to be entitled to such
rent;
(d) the reasons for, and the circumstances of, application for deposit of the rent.

(5) The tenant shall also produce for scrutiny by the Controller the last rent receipt and money order
form returned by the postal authority. In the case of deposit of rent for successive months during
any continuous period, no affidavit in support of the application shall be required after the first
deposit, if the reasons and the circumstances which led the tenant to make the first deposit remain
the same.
(6) The application shall be accompanied by as many true copies thereof as there are landlords or
persons claiming the rent along with the prescribed fee for sending such copy or copies to the
landlords or such persons by registered post with acknowledgment due.

(7) On such deposit of the rent, the Controller shall send in the prescribed manner the copy or
copies of the application to the landlords or persons claiming to be entitled to the rent with an
endorsement showing the date of deposit, such endorsement being authenticated by the seal of the
office, and the signature, of the Controller or some other officer authorised by him in this behalf.
Such authenticated copy of the application shall be admissible in evidence in any Court.

(8) Where rent for any month has been deposited on the ground that postal money order was
returned, then the tenant may, without further tender of rent by postal money order to the landlord,
continue to deposit the rent with the Controller for subsequent months or periods unless the landlord
signifies by notice in writing to the tenant his willingness to accept the rent if tendered to him
within the prescribed period.

SHORTS

# PRE- EMPTION (SECTION 8)

The right of pre-emption is a legal right that allows a co-sharer or contiguous tenant to purchase a property before it is
sold to a third party. This right is provided under the West Bengal Land Reforms Act 1955. Here are some key points to
note about this right:

1.Co-sharer: A co-sharer refers to a person who owns a share in a property jointly with others. In
the context of the West Bengal Land Reforms Act, a co-sharer has the right of pre-emption.
2.Contiguous Tenant: A contiguous tenant is someone who holds land adjacent to the property
being sold. If the property being sold is contiguous to the land held by the tenant, they also have the
right of pre-emption.
3.Pre-emption Process: When a co-sharer or contiguous tenant learns about the intention to sell the
property, they can exercise their right of pre-emption. They need to give notice to the seller within a
specified time period, expressing their intention to purchase the property.
4.Price: The price at which the co-sharer or contiguous tenant can purchase the property is
determined by the prevailing market value or the price at which the property is being sold to the
third party, whichever is lower.
5.Time Limit: The West Bengal Land Reforms Act specifies a time limit within which the co-sharer
or contiguous tenant must exercise their right of pre-emption. If they fail to do so within the
specified time, they lose their right.
6.Legal Protection: The right of pre-emption is protected by law, and any attempt to sell the
property without giving the co-sharer or contiguous tenant the opportunity to exercise their right can
be challenged in court.
It is important to note that the right of pre-emption is specific to the West Bengal Land Reforms Act
1955 and may vary in other jurisdictions. It is advisable to consult a legal professional or refer to
the specific laws applicable in your area for accurate and up-to-date information.

# DEFINITION OF “PUBLIC PURPOSE ” UNDER THE LAND

ACQUISITION ACT OF 1894

Section 2(1) of the Act defines the following as public purpose for land acquisition within India

* For 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

* For infrastructure projects, which includes the following, namely:

* All activities or items listed in the notification of the Government of India in the Department of
Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated 27 March 2012,excluding
private hospitals, private educational institutions and private hotels;

* 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

insututions.

* Project for sports, health care, tourism, transportation of space programme;

* Any infrastructure facility as may be notified in this regard by the Central Government and after

tabling of such notification in Parliament;

* Project for project affected families; Project for housing, or such income groups, as may be
specified from time to time by the appropriate Government;

* 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:

* 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 government declares public purpose and shall control the land directly, consent of the land
owner shall not be required. However, when the government acquires the land for private
companies, The consent of at least 80% of the project affected families shall be obtained through a
prior informed process before government uses its power under the Act to acquire the remaining
land for public good, and in case of a public-private project at least 70% of the affected families
should consent to the acquisition process. The Act includes an urgency clause for expedited land
acquisition. The urgency clause may only be invoked for national detense, security and in the event
of rehabilitation of attected people from natural disasters or emergencies

# CONSOLIDATION OF LAND HOLDIDNG

Consolidation referred to reorganization/redistribution of fragmented lands into one plot.

The growing population and less work opportunities in non- agricultural sectors, increased
pressure on the land, leading to an increasing trend of fragmentation of the landholdings.

This fragmentation of land made the irrigation management tasks and personal
supervision of the land plots very difficult.

This led to the introduction of landholdings consolidation.

Under this act, If a farmer had a few plots of land in the village, those lands were
consolidated into one bigger piece of land which was done by either purchasing or
exchanging the land.
 Almost all states except Tamil Nadu, Kerala, Manipur, Nagaland, Tripura and parts of Andhra
Pradesh enacted laws for consolidation of Holdings.

In Punjab and Haryana, there was compulsory consolidation of the lands, whereas in other
states law provided for consolidation on voluntary basis; if the majority of the landowners
agreed.

Advantages: It prevented the endless subdivision and fragmentation of land Holdings.

It saved the time and labour of the farmers spent in irrigating and cultivating lands at
different places.

The reform also brought down the cost of cultivation and reduced litigation among
farmers as well.

Result: Due to lack of adequate political and administrative support the progress made in
terms of consolidation of holding was not very satisfactory except in Punjab, Haryana and
western Uttar Pradesh where the task of consolidation was accomplished.

However, in these states there was a need for re-consolidation due to subsequent
fragmentation of land under the population pressure.

Need of re-consolidation: The average holding size in 1970-71 was 2.28 hectares (Ha), which
has come down to 1.08 Ha in 2015-16.

While Nagaland has the largest average farm size, Punjab and Haryana rank second and third
in the list respectively.

The holdings are much smaller in densely populated states like Bihar, West Bengal and
Kerala.

The multiple subdivisions across generations have reduced even the sub divisions to a very
small size.

# ABOLITION OF THE INTERMEDIARIES

Intermediaries are a term from the zone of the political world but later it has become a term
of both political and geographical sectors. The zamindars in ancient India were regarded as
the intermediates because they worked for both the people and for the market. In the former
time, it was quite fair for the poor people who grew the crops for everyone. Later as time
went, it started turning out to be a bad culture. Bengal and the UP at that time had more
zamindars compared to other states. This culture was brought up because many poor people
cannot deal directly with the customers, thus they need someone who can take the product
from them and sell it into the market.

Abolition of the zamindari system: The first important legislation was the abolition of the
zamindari system, which removed the layer of intermediaries who stood between the cultivators and
the state.

The reform was relatively the most effective than the other reforms, for in most areas it
succeeded in taking away the superior rights of the zamindars over the land and weakening their
economic and political power.

The reform was made to strengthen the actual landholders, the cultivators.

Advantages: The abolition of intermediaries made almost 2 crore tenants the owners of the
land they cultivated.

The abolition of intermediaries has led to the end of a parasite class. More lands have
been brought to government possession for distribution to landless farmers.

A considerable area of cultivable waste land and private forests belonging to the
intermediaries has been vested in the State.

The legal abolition brought the cultivators in direct contact with the government.

Disadvantages: However, zamindari abolition did not wipe out landlordism or the tenancy or
sharecropping systems, which continued in many areas. It only removed the top layer of
landlords in the multi-layered agrarian structure.

It has led to large-scale eviction. Large-scale eviction, in turn, has given rise to several
problems – social, economic, administrative and legal.

# OBLIGATION OF THE LANDLORD

Chapter 2, Section 4 of the West Bengal Premises Tenancy Act, 1997 lays down the provisions
relating to the obligations of the landlord.

4
1. Every landlord or his authorised agent shall issue a written receipt in the prescribed
form signed by him forthwith on receipt of the amount of rent and the charges relating
to the maintenance of premises from the tenant.
(2) Every landlord shall be bound to keep the premises in good and tenantable
condition.
(3) Every landlord shall be bound to take measures for due maintenance of essential
 supply or service comprised in the tenancy.
(4) No landlord shall claim, demand or receive any premium or other consideration
whatsoever for giving his consent to the subletting of whole or any part of the premises
held by the tenant.

# ANALYSIS OF THE SINGER CASE{LAND ACQUISITION}

A bench of justices V. Gopala Gowda and Arun Mishra said the acquisition of 997 acres by West
Bengal’s Left Front government for the Tata Motors plant in Singur failed to meet the requirements
of the Land Acquisition Act, 1894, and directed the state government to return the land to its owners
in 12 weeks.

The apex court’s judgement comes as a shot in the arm for the state’s Trinamool Congress
government, which came to power in 2011 following a strident campaign against the land
acquisition, and brought a law to return the land to its erstwhile owners.

The Singur case did not result in a formal legal judgment in the traditional sense, such as a court
verdict. Instead, the outcome was shaped by a combination of factors, including public protests,
political decisions, and the actions of the involved parties.

In 2008, Tata Motors decided to abandon the Nano car factory project in Singur and relocate it to
Gujarat, citing the prolonged protests and difficulties in land acquisition as reasons. This decision
was a de facto resolution to the controversy, leading to the return of the acquired land to the
farmers.

While legal challenges were mounted against the land acquisition process, the Supreme Court of
India did not issue a final judgment as the project had already been abandoned. The Singur case
ultimately had a significant impact on the political landscape, contributing to a change in
government in West Bengal and influencing the discourse around land acquisition laws in the
country. The case underscored the need for a more nuanced and participatory approach to land
acquisition that considers the interests of all stakeholders.