UNIT I

1. Describe the importance of social impact assessment, explain

how it helps the govt in effective planning of rehab and reset

schemes ?

Introduction

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

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

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

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

and how they should proceed; and

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

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

History

No SIA; Unprecedented Problems

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

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

1) Sardar Sarovar Dam, Gujarat, 1980s-

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

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

2) Bilaspur Dam Project, Rajasthan, 1990s -

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

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

3). Rengali Irrigation Project, Rengali, Odisha, 1985

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

Process flow of SIA

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

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Preparation of Social Impact Assessment Study U/s 4

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

area and carry out a SIA study

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

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

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

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

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

The authority conducting the study to prepare a Social Impact Management

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

Public hearing for Social Impact Assessment U/s 5

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

Publication of Social Impact Assessment Report U/s 6

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

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

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

B. Appraisal of Social Impact Assessment report by an Expert

Group-

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

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

Examination of proposals for land acquisition and the Social Impact

Assessment Report by appropriate government

The appropriate government shall ensure that-

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

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

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

and make recommendations in respect thereof.

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

CASE LAWS:

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

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

Conclusion

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

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

___________________________________________________________

2. Constitution, powers and functions of land acquisition

rehabilitation and resettlement authority

Establishment

Sec.51 envisages the establishment of Land Acquisition, Rehabilitation and

Resettlement Authority

By way of a notification the appropriate Government has the power to

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

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

The appropriate Government should specify in the notification the areas

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

Composition of Authority

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

Officer.

The appropriate Government can authorise the Presiding Officer of one

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

Qualifications for appointment as Presiding Officer

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

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

A Presiding Officer is appointed by the appropriate Government in

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

Terms of office of Presiding Officer

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

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

Staff of Authority
The Authority is provided with a Registrar and other officers and employees.

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

Powers of Authority and procedure before it

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

(a) summoning and enforcing the attendance of any person and examining
him on oath;

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

producible as evidence;

(c) receiving evidence on affidavits;

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

The Authority has original jurisdiction to adjudicate upon every reference

made to it

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

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

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

Reference to Authority

By written application to the Collector any interested person who has not
accepted the award may demand that the matter be referred by the
Collector for the determination of the Authority, his objection regarding
(a) the measurement of the land,
(b) the amount of the compensation,
(c) the person to whom it is payable,
(d) the rights of Rehabilitation and Resettlement or
(e) the apportionment of the compensation among the persons interested

However the Collector should make a reference to the appropriate Authority

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

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

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

make the

reference to it within a period of thirty days.

Determination of award by Authority

In determining the amount of compensation including the Rehabilitation

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

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

Case laws

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

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

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

Court held that the Land Acquisition Rehabilitation and Resettlement
Authority has the power to determine the rehabilitation and resettlement
benefits to be provided to persons affected by land acquisition.
3. State of Maharashtra v. Prakash (2015) - In this case, the Bombay
High Court held that the Land Acquisition Rehabilitation and Resettlement
Authority has the power to review and modify the compensation awarded
to landowners in cases of land acquisition.

___________________________________________________________

3. National Monitoring committee

The National Monitoring Committee (NMC) is a statutory body

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

Sec.48 provides for the establishment of National Monitoring

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

The NMC consists of representatives from various ministries,

departments, and organizations related to land acquisition,
rehabilitation, and resettlement. The committee is tasked with
reviewing the progress of land acquisition projects, ensuring
compliance with the provisions of the Act, and addressing any
issues or grievances that may arise during the process.

The NMC plays a crucial role in ensuring that land acquisition

processes are carried out in a transparent and fair manner, and
that the rights of landowners and affected communities are
protected. By monitoring and overseeing the implementation of
the Act, the committee helps to prevent any misuse or abuse of
power in the land acquisition process and promotes accountability
and transparency in land acquisition projects.
 Overall, the National Monitoring Committee serves as a vital
oversight body that helps to safeguard the interests of landowners
and affected communities in the land acquisition process under the
Land Acquisition Act, 2013.

Establishment of State monitoring committee for

Rehabilitation and Resettlement

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

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

This State Monitoring Committee for Rehabilitation and

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

This committee is provided with the necessary officers and other

employees by the Govt. for efficient functioning.

___________________________________________________________

4. Provision to Safeguard Food Security

Importance of food security

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

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

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

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

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

Special provision to safeguard food security

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

Sec.10 states as

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follows:

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

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

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

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

3. States are also required to set a limit on the area of agricultural land
that can be acquired in any given District.

However the provisions of Sec.10 do not apply in case of projects which are
linear in nature such as those relating to railways, highways, major District
roads, irrigation canals, power lines and the like

________________________________________________-

5. History of Land acquisition laws in India

he history of land acquisition laws in India can be traced back to the British
colonial era when the British government enacted the Land Acquisition Act
of 1894. This Act gave the government the power to acquire land for public
purposes such as building roads, railways, and other infrastructure
projects. However, the Act was criticized for being heavily biased towards
the government and did not adequately protect the rights of landowners.
Over the years, there have been several amendments to the Land
Acquisition Act in order to address these shortcomings. The most significant
of these amendments was the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act of
2013 (RFCTLARR Act). This Act sought to provide fair compensation to
landowners and ensure that their rights were protected during the land
acquisition process.

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

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

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

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

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

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

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

6. Major differences between lA 1894 and LA 2013?

The major differences between the Land Acquisition Act of 1894

and the Land Acquisition Act of 2013 are as follows:

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

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

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

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

provisions for compensation, often leading to inadequate or unfair
compensation for landowners. The Land Acquisition Act of 2013
has clear guidelines for determining compensation, including the
value of the land, rehabilitation and resettlement costs, and other
factors.

4. Rehabilitation and Resettlement: The Land Acquisition Act of

2013 includes provisions for the rehabilitation and resettlement of
affected communities, ensuring that they are adequately
compensated and provided with alternative livelihood options.

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

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

Overall, the Land Acquisition Act of 2013 is more comprehensive

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

___________________________________________________________
 7. Explain the scope and salient features of LARR act, 2013?

The Land Acquisition Rehabilitation and Resettlement Act, 2013, often

referred to as the LARR Act, 2013, is a significant legislation in India.

It was enacted to regulate the process of land acquisition, ensure fair

compensation for landowners, and provide rehabilitation and resettlement
to those affected by land acquisition.

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

Scope of the LARR Act, 2013

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

Public Purpose

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

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

Social Impact Assessment (SIA) Before any land acquisition, a Social

Impact Assessment must be conducted. This assessment evaluates the
potential impact of the project on the local community, environment, and
economy. It involves public consultations to gather feedback from those
who will be affected.

Consent Requirement

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

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

The aim is to ensure that landowners receive adequate compensation that

reflects the true value of their land.

Rehabilitation and Resettlement (R&R)

The Act mandates the provision of rehabilitation and resettlement packages

for those displaced by land acquisition.

This includes housing, employment, and other support to help affected

families rebuild their lives. The focus is on minimizing the adverse impact
of displacement.

Transparency and Accountability

The Act emphasizes transparency and accountability in the land acquisition

process. It requires detailed documentation, public disclosure of
information, and the involvement of local authorities to ensure that the
process is fair and just.

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

#1 Social Impact Assessment (SIA)

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

It includes public consultations to gather feedback and suggestions from

those who will be affected. The SIA report must be made available to the
public and submitted to an independent expert group for appraisal.

#2 Consent Requirement

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

#3 Fair Compensation

The Act provides guidelines for fair compensation to landowners.

Compensation includes the market value of the land, a solatium (extra
amount) for the hardship faced, and other benefits.

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

#4 Rehabilitation and Resettlement (R&R)

The Act mandates the provision of rehabilitation and resettlement packages

for those displaced by land acquisition. This includes housing, employment,
and other support to help affected families rebuild their lives.

The R&R package is designed to minimize the adverse impact of

displacement and ensure that affected families can lead a dignified life.

#5 Special Provisions for SC/ST Communities

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

These provisions recognize the unique challenges faced by these

communities and aim to provide additional support and benefits.

#6 Enhanced Transparency and Accountability

The Act emphasizes transparency and accountability in the land acquisition

process. It requires detailed documentation, public disclosure of
information, and the involvement of local authorities.This guarantees that
the process is fair and just and that landowners and affected families know
their rights and entitlements.

#7 Institutional Mechanisms

The Act establishes various institutional mechanisms to oversee the land

acquisition process and ensure compliance with the provisions of the Act.

These include the establishment of a National Monitoring Committee, State

Monitoring Committees, and District Level Committees.
These committees are responsible for monitoring the implementation of the
Act and addressing grievances and disputes.

#8 Time-Bound Process

The Act provides for a time-bound process for land acquisition,

compensation, rehabilitation and resettlement.This ensures that the
process is completed within a specified timeframe and that landowners and
affected families receive timely compensation and support.

Bottom Line

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

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

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

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

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

___________________________________________________________

8. State the procedure for acquisition of land after social impact

assessment?

Notification & Acquisition

Publication of preliminary notification and power of officers - Sec 11

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

Sec.11 states that whenever, it appears to the appropriate Government

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

(a) in the Official Gazette;

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

(c) in the local language in the Panchayat, Municipality or Municipal

Corporation, as the case may be and in the offices of the District Collector,
the Sub-divisional Magistrate and the Tehsil;

(d) uploaded on the website of the appropriate Government;

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

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

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

Govt. or his

a) b) c) d)

e)

is empowered u/Sec.12 to determine the extent of land and towards this

end any officer servants or workmen who have been authorised by the such
Govt. has the power:

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

To dig or bore into the subsoil

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

to set out the boundaries of the land proposed to be taken and the intended
line of work proposed to be made thereon and
Payment for damage – sec 13

In conducting any of the survey activities enumerated under Sec.12 if any

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

Hearing of objections – sec 15

Sec.15 of the RFCTLARR Act, 2013 envisages hearing of objections of any

person who is interested in any land which has been notified for acquisition.

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

a) the area and suitability of land proposed to be acquired; b) justification

offered for public purpose;
c) the findings of the SIA

Case Law

In Women’s Education Trust & Anr Vs. State of Haryana & Others the
following principles were established w.r.t. hearing of objections:

Before depriving any person of his land by compulsory acquisition, an

effective opportunity must be given to him to contest the decision taken by
the State Government/competent authority to acquire the particular parcel
of land.

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

Read sec 17 onwards in bare act

 9. Discuss the provisions relating to acquisition and notification
of land under LARR 2013 ? Same as above – Chapter IVof the
act

10. Explain the various elements to be considered in

determining compensation for land acquired under LARR
2013?

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

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

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

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

taking of any standing crops and trees which may be on the land at the
time of the Collector's taking possession thereof;

thirdly, the damage (if any) sustained by the person interested, at the time
of the Collector's taking possession of the land, by reason of severing such
land from his other land;

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

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

person interested is compelled to change his residence or place of business,
the reasonable expenses (if any) incidental to such change;
sixthly, the damage (if any) bona fide resulting from diminution of the
profits of the land between the time of the publication of the declaration
under section 19 and the time of the Collector's taking possession of the
land; and

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

Award of solatium The collector must impose a “solatium” equal to 100%

of the compensation amount after determining the total compensation to

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

9) Explain the procedure for resettlement and rehabilitation?

Rehabilitation & Resettlement Award

Rehabilitation and Resettlement award for affected families by Collector

Sec.31 empowers the Collector to pass Rehabilitation and Resettlement

Award for each family affected by the land acquisition in terms of the
entitlements provided in the second schedule.

Such Rehabilitation and Resettlement award should include the following:

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

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

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

of the affected families;
8. i) particulars of any fishing rights that may be involved;
9. j) particulars of annuity and other entitlements to be provided;
10. k) particularsofspecialprovisionsfortheScheduledCastesandthe
ScheduledTribesto be provided.
Sec 32 - Provision of infrastructural amenities in resettlement area

In every resettlement area as defined under this Act, the Collector is

entrusted with the duty to ensure the provision of all infrastructural facilities
and basic minimum amenities.

Powers of the Collector

1. Power to make corrections to awards

Under Sec.33(1) the Collector is empowered to correct any clerical or

arithmetical mistakes in either of the awards or errors either on his own
motion or on the application of any person interested or local Authority

Case law

Once the award is passed, there is no question of any correction in the

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

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

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

In the case of any land to which is to be acquired as aforesaid the

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

Awards of Collector when to be final

Once when the Collector makes an award it will be conclusive evidence, as

between the Collector and the persons interested as to the:

1. a) true area of the land

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

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

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

when the awards are made.

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

11. Discuss the provisions relating to apportionment of

payment of compensation?

Apportionment of Compensation

Sec 75 - Particulars of apportionment to be specified

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

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

Sec 76 - Dispute as to apportionment

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

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

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

Payment of Compensation

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

On making an award the Collector should tender payment of the

compensation awarded by

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

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

ii. Iftherebenopersoncompetenttoalienatethelandor

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

to the apportionment of it.

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

Payment of interest

When the amount of such compensation is not paid or deposited on or

before taking possession of the land, the Collector should pay the amount
awarded with interest at the rate of 9% per annum from the time of so
taking possession until it should have been so paid or deposited.
If such compensation is not paid or deposited within a period of one year
from the date on which possession is taken, interest at the rate of 15% per
annum should be paid from the date or expiry of the said period on the
amount of compensation which has not been paid or deposited before the
date of such expiry.

___________________________________________________________

12. SN – appeal against award of authority

Procedure of appeal

Appeals from original orders (First Appeal)

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

(a) if such an order is passed by a Revenue Officer subordinate to the

Assistant Commissioner, whether or not invested or delegated with the
powers of the Assistant Commissioner or the Deputy Commissioner to the
Assistant Commissioner

(b) if such an order is passed by the Assistant Commissioner whether or

not invested with the powers of the Deputy Commissioner, to the Deputy
Commissioner;

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

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

Tribunal.

(e) if such an order is passed by a Survey Officer below the rank of an

Assistant Director of Land Records or Assistant Director for Settlement, to
the Assistant Director of Land Records or Assistant Director for Settlement,
as the case may be;

(f) if such an order is passed by a Survey Officer of the rank of an 1

Assistant Director of Land Records or Assistant Director for Settlement, to
the Joint Director of Land Records or Joint Director for Settlement, as the
case may be;

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

(h) if such an order is passed by the Director of Survey, Settlement and

Land Records, to the Tribunal.

In Hole Honnur Mandal Panchayat Vs. KAT, 1989 (1) Karnataka LJ

132, instead of approaching the Assistant Commissioner in appeal, the 5th
Respondent preferred an appeal directly to the Deputy Commissioner
against the order of the Tahsildar and the Deputy Commissioner held that
the appeal lies only to the Assistant Commissioner and not to the Deputy
Commissioner

econd appeal

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

Page 55 of 201

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

Commissioner;

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

Tribunal;

(b1) if such an order is passed by the Assistant Director for Settlement or

the Assistant Director of Land Records, to the Director of Survey,
Settlement and Land Records;

(c) if such an order is passed by the [Joint Director of Land Records or Joint
Director for Settlement] or by the [Director of Survey] , Settlement and
Land Records to the Tribunal.

An order passed on second appeal will be final and no further appeal lies.

Limitation period for appeals

No appeal can be made in the following instances:

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

___________________________________________________________

12) Offences and Penalties under LARR act 2013

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

___________________________________________________________

UNIT III

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

Introduction

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

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

Features of the Act

1. Definition of terms

The act defines key terms such as

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

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

2. Assessment of land revenue

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

3. Records of rights

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

4. Survey and settlement

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

5. Classification of land

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

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

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

7. Powers of the Revenue Officer

The act confers powers on the Revenue Officer, such as

the power to assess and collect land revenue,

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

8. Appeal and revision

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

9. Penalties

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

Case Laws

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

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

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

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

___________________________________________________________

2) Explain the constitution and powers of revenue officers under

Karnataka land revenue act 1964?

Synopsis of Topic

Revenue Officers
Regional Commissioner (Sec.7)

Deputy Commissioner (Sec.8)

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

Powers and Procedure of Revenue Officers

Power to transfer cases Power to give summons

Power to enter upon land

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

1. Regional Commissioner(Sec.7)

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

2. Deputy Commissioner(Sec.8)

The Deputy Commissioner is appointed by the St. Govt. to administer the

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

3. Special Deputy Commissioner(Sec.9)

The State Govt. is empowered to appoint Special Deputy Commissioner if

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

4. Assistant Commissioner(Sec.10)

The State Govt. appoints an Assistant Commissioner to be in-charge of one

or more taluks called a Revenue Sub-division and he will be exercising and
performing duties conferred on him under the Act or any other Law and
also the powers and duties of the Deputy Commissioner under the Act.

5. Tahsildars(Sec.11)

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

6. Special Tahsildars(Sec.12)
The Special Tahsildar is appointed for the Taluk in addition to the Tahsildar
and exercises and performs those of the Tahsildar in the Taluk under the
Act and any other law as the State Govt. directs. The Special Tahsildar also
has the power to depute any of his subordinates to perform any portion of
his ministerial duties. The Special Tahsildar is subordinate to the Tahsildar
(in certain matters as specified by the State Govt.) and also to the Assistant
Commissioner and where there is no such Assistant Commissioner to the
Deputy Commissioner of the District. The Special Tahsildar also has the
power to depute any of his subordinates to perform any portion of his
ministerial duties.

7. Revenue Inspectors(Sec.15)

The Deputy Commissioner appoints the Revenue Inspector for a Circle of a

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

8. Village Accountant(Sec.16)

The Deputy Commissioner appoints the Village Accountant for a village or

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

The Village Accountant has the responsibility of keeping the registers,

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

9. Survey Officers(Sec.18)

For the purposes of survey, assessments and settlements of land of land

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

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

10. Other officers

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

Powers and Procedure of Revenue Officers

1. Power to transfer cases

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

Similarly the Deputy Commissioner has the power to transfer any case or
class of cases arising under the Act for the sake of inquiry or decision from
his own file or from the file of any other Revenue Officer subordinate to him
to any other Revenue Officer subordinate to him and who is competent to
deal with it.

2. Power to give summons

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

If any person fails to comply with the summons to attend as witness or to

produce any document, the officer is empowered to issue a bailable warrant
of arrest; order him to furnish security for appearance or impose fine upon
him a fine not exceeding twenty rupees.

In case if the person whose evidence is required is unable to personally

appear due to sickness or infirmity the officer either of his own motion or
on the application of such party can exempt him from personal appearance.

3. Power to enter upon land

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

Page 48 of 201
But to enter any building used as a dwelling house or upon any enclosed
Court or garden attached to a dwelling house, the consent of the occupier
must be obtained by giving 7 days prior notice.

4. Power of eviction

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

Summons & Notices

Every notice under the Act is to be served by tendering or delivering a copy

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

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

Formal inquiry:

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

Hearings:

Every hearing whether in a formal or summary enquiry shall be in public

and the parties or their recognised agents should be given due notice to
attend. The order passed after hearing should be signed and pronounced
in open Court on the day which has been notified to the parties or their
recognised agents.
___________________________________________________________

3) Explain the constitution and powers of Karnataka revenue

appellate tribunal?

Synopsis of Topic

Constitution
Powers of the Tribunal

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

Karnataka Revenue Appellate Tribunal

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

Constitution

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

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

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

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

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

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

of which one shall be a District Judge and another shall be an officer having
experience in administration of revenue matters.
The Chairman may constitute a Full bench of 3 members if he so thinks fit

Notwithstanding these rules of bench constitution a single member of the

Tribunal

Powers of the Tribunal

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

vested by or under the Act or any other law

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

1. Powers of review(Sec.44)

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

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

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

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

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

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

to a formal demand

This power implies the power of superintendence of the Tribunal over

the authorities which are subordinate to it.

In regards to its appellate and revisional jurisdiction the Tribunal may

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

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

3. Power to make regulations (Sec.48)

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

But such regulations must be:

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

4. Power of revision (Sec.56)

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

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

of any subordinate officer should be modified, annulled or reversed it can
do so by giving notice on the interested parties and after giving an
opportunity of being heard.

___________________________________________________________
4) what is a record of right? Explain the provisions regrading record
of right under KLR act 1964?

Overview

Record of rights is a record containing various revenue documents and

registers in which details of land holdings, particulars of the holder, the land
revenue payable, survey number concerned and type of soil, trees that are
existing on the land etc.

This record is popularly known as RTC (Record of Rights & Tenancy

Certificate) or ‘pahani’ which terms have become part of the legal jargon.

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

following:

1. The names of persons who are holders, occupants, owners,

mortgagees, landlords or tenants of the land or assignees of the rent
or revenue thereof
2. The nature and extent of the respective interest of such persons and
the conditions or liabilities (if any) attaching thereto.
3. The Rent or revenue (if any) payable by or to any of such persons.
4. Such other particulars as maybe prescribed.

What the Law says about Record of Rights

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

Entries in record of rights usually reflect possession and not ownership of

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

Stages of Record of Rights

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

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

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

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

The First and the Fourth stages of Record of Rights work should be attended
to by the Revenue Department and the Second and the Third Stages of the
said work should be attended to by the Department of Land Records.

___________________________________________________________
5) All lands are liable to pay revenue unless they are exempted

Scope of land revenue

Sec.80 clarifies that all land whether agricultural or non-agricultural is liable

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

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

Manner of assessment, commutation of non-agricultural assessment and

prohibition of use of land for certain purposes

Land revenue leviable on any land, should be assessed with reference to

the use of the land for the purpose of agriculture.

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

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

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

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

KLR Act, 1964 is mandatory.

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

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

Case law

The land owner did not pay non-agricultural assessment in respect of

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

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

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

Section 95 - Definitions:

This section defines various terms used in the Act, including "agricultural
land" and "non-agricultural purpose". It lays the foundation for
understanding the scope and applicability of land use conversions under
the Act.

Section 95A - Conversion of Land for Non-agricultural Purposes:

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

Procedure for Conversion:

The procedure for converting agricultural land to non-agricultural use

typically involves several steps, ensuring compliance with legal
requirements and obtaining necessary approvals:

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

Mallikarjun vs. State of Karnataka (2015):

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

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

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

___________________________________________________________
7) SN Patta book

n Karnataka, the Patta book holds significant importance as a legal

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

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

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

The Patta book plays a crucial role in various aspects:

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

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

In Karnataka, the Patta book system ensures transparency and

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

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

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

of certain lands act )

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

Object:

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

Prohibition of transfer of granted lands

Transfer of granted land made either before or after the commencement of

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

Case law

The alienations referred to Section 4 can only be construed as alienations

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

SALIENT FEATURES

1. Prohibition of Transfer: The primary objective of the Act is to

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

These features collectively aim to safeguard the land rights of Scheduled

Castes and Scheduled Tribes in Karnataka, preventing the exploitation or
loss of their ancestral lands to others outside their communities.

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

The Karnataka Land Reforms Act, 1961, is a significant piece of legislation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Key Amendments To The Karnataka Land Reforms Act In 2020

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

___________________________________________________________

3) Narrate the provisions relating to ceiling on land holdings under

KLRA?

Ceiling on Land Holdings

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

can have.

What is ceiling on land holdings?

i. It means fixing maximum size of land holding that an

individual/family can own.
ii. Land over and above the ceiling limit, called surplus land.
iii. If the individual/family owns more land than the ceiling limit, the
surplus land is
 taken away (with or without paying compensation to original owner)

iv. This surplus land is

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

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

Why ceiling on land holdings?

i. Art.38seeks to minimize the inequalities of income, status, facilities

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

Ceiling on land (Sec.63)

Sec. 63 expressly prohibits any person who is not a member of a family or

who has no family and any family from holding land in excess of the ceiling
area either in the capacity of land owner, landlord or tenant or mortgagee
with possession.

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

This Section also prohibits educational, religious or charitable institution or

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

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

Future acquisition of land – sec 64

Consequent upon transfer, gift, purchase, exchange, mortgage with

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

Filing of declaration of holding – sec 66

Every person who holds

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

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

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

(iii)such other particulars as may be prescribed.

Penalty for failure to furnish declaration – sec 66A

Where a person required to furnish a declaration fails without reasonable

cause so to do or furnishes a false declaration the Tahsildar is empowered
to issue a notice to such person asking him to show cause within fifteen
days why a penalty may not be imposed on him.

Payment for use and occupation of land – sec 67A

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

Vesting of land surrendered by owner – sec 68

In case if the land surrendered is by an owner the State Government is

empowered to take over such land on the service of the order and such
land will vest in the State Government free from all encumbrances.

___________________________________________________________

4) Explain the scope of cooperative farms

Overview

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

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

Formation of a Co-operative Farm

Any ten or more persons of a village or two or more contiguous villages

holding between them as land-owners or tenants, rights in and possession
over fifty acres can start a Co- operative Farm comprising the land so held
and possessed by them.

Application for registration

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

along with extracts

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

Registration of Co-operative Farm

The Registrar has to grant a certificate of registration and issue a copy of

the certificate which should be forwarded to the Deputy Commissioner for
the required action.
Members’ land transferred to the farm

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

If any person withdraws from the membership of such co-operative farm

his land should be transferred to him by the co-operative farm.

Consequences of registration

When a co-operative farm has been registered the provisions of Karnataka

co-operative societies Act, 1959 will be applied as far as they are not
inconsistent with this Act.

Bye-laws of the Farm

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

Amendment of the bye-laws by the Registrar

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

Contribution by a member

Every member is be bound to contribute the following to the Co-operative

Farm (i) funds,

(ii) personal labour,

(iii)agricultural implements, agricultural stock, and such other articles as

may be prescribed.

Liability of the Farm to land revenue and other dues

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

Admission of new members

Sec.100 provides for the admission of a new member who is a resident of

the village or contiguous villages in which a Co-operative Farm is situated.
Heirs deemed to be members of the Farm

In case if a member of a Co-operative Farm dies, his heirs will be deemed

to have become members of the Co-operative Farm.

Concessions and facilities for the Co-operative Farm

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

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

___________________________________________________________

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

ownership on tenants?

Under the Karnataka Land Reforms Act, 1961, a tenant means an

agriculturist who personally cultivates the land he holds on lease and it
includes the following

1. Tenant Cultivator: A person who cultivates another person's land,

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

Conferment of Ownership on Tenants

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

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

Vesting of lands in the State Government

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

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

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

Case law

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

Tenants to be registered as occupants of land on certain conditions

Every person who was a permanent tenant, protected tenant or other

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

When tenant can choose land

If any tenant entitled to be registered as an occupant held land from one

or more than one landlord, such tenant is entitled to choose the area and
the location of the land of which he wishes to become the registered
occupant.

Amount payable

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

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

Tahsildar to determine the amount payable

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

Sub-tenants of tenants to be registered as occupants

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

Determination of encumbrances and payment of the amount

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

Mode of payment

The amount payable to any person should

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

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

Issue of certificate of registration

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

The Tahsildar should forward a copy of the certificate issued as above to

the concerned Sub- Registrar who should register the same.

Surrender of land to State Government

If the person who has been registered as occupant or his successor-in-title

intends, within six years from the date of such registration, giving up
personal cultivation of the land, he should surrender the land to the State
Government, and on such surrender the State Government should pay an
amount equal to the premium paid and the depreciated value of
improvements, if any, effected after the date of registration, to the person
surrendering and the other persons interested in the land.

___________________________________________________________
6) Classification of land under land reforms act

Classification of Lands

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

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

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

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

D CLASS LAND:
Lands classified as dry but not having any irrigation facilities from a
Government source. (Lands growing paddy or garden crops not coming
under A Class, B Class or C Class shall belong to this class.)
7) Explain the provisions of land grant rules relating to grant of land for
agricultural purposes?

Section 11. Powers of Revenue Officers to grant lands.

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

Section 8.Procedure for grant of lands for agricultural purposes. –

(1) Any person who under these rules is eligible for grant of lands for
agricultural purposes shall make an application in writing to the Tahsildar
of
the taluk in Form 1 giving the following particulars.
-
(i) name, age and address of [the applicant and his wife];
(ii) the extent and particulars of the land asked for namely, survey number,
village, taluk, sub-division in which the land is situated;
(iii) the extent and details of the land if any already owned or held by him
or
by any member of his family;
(iv) whether he belongs to the scheduled caste or the Scheduled Tribe or
is a
displaced person, displaced holder, displaced tenant, an ex-serviceman,
soldier or political sufferer;
(v) whether he or any member of his family had previously applied for land,
if so, the particulars of the endorsement received thereon;
(vi) the particulars of any land previously granted to him or any member
of
his family.
Section 9. Conditions of grant. –
(1) The grant of lands under these rules [for, agricultural purposes] shall
be
subject to the following conditions namely.-
(i) the grantee shall not alienate the land for a period of fifteen years from
the date of taking possession:
Provided that he may, after a period of five years, with the previous
permission
of, and subject to [the provisions of the Karnataka Scheduled Castes and
Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978
(Karnataka Act 2 of 1979), and] such conditions as may be specified by the
Deputy Commissioner, alienate the whole or any portion of such land

___________________________________________________________

8) Discuss the features of Karnataka prevention of fragmentation

and consolidation of holding act 1966?

he Karnataka Prevention of Fragmentation and Consolidation of Holdings

Act, 1966, contains several salient features that are pivotal to its objectives
and implementation:

1. Prevention of Fragmentation:
o The Act aims to prevent the sub-division of agricultural land
holdings below certain minimum limits specified by law. This
prevents the fragmentation of land into uneconomic units that
could reduce agricultural productivity.
2. Consolidation of Holdings:
o It facilitates the consolidation of fragmented land holdings into
larger, more viable units. This consolidation helps in efficient
land use, better infrastructure development, and overall
improvement in agricultural practices.
3. Minimum and Maximum Limits:
o Specifies minimum and maximum limits for the size of
agricultural land holdings. This ensures that individual holdings
remain economically viable and conducive to efficient
agricultural operations.
4. Survey and Preparation of Schemes:
o Provides for the survey and preparation of consolidation
schemes. These schemes involve the reorganization and
exchange of fragmented land holdings to create more cohesive
and manageable units.
5. Initiation and Approval Process:
 o Sets out the procedures for initiating consolidation schemes,
including approval processes involving government authorities
and consultations with affected landowners.
6. Rights and Interests of Landowners:
o Defines and protects the rights and interests of landowners
affected by consolidation schemes. This includes ensuring fair
compensation and equitable distribution of land after
consolidation.
7. Dispute Resolution Mechanisms:
o Establishes mechanisms for resolving disputes related to land
consolidation, ensuring fair and transparent processes for
affected landowners.
8. Enforcement and Penalties:
o Provides enforcement mechanisms to ensure compliance with
the Act's provisions. Penalties are prescribed for violations such
as unauthorized fragmentation of land.
9. Role of Government Agencies:
o Specifies the roles and responsibilities of government agencies
in implementing and overseeing consolidation schemes. This
includes conducting surveys, preparing schemes, and
overseeing the execution of consolidation plans.
10. Promotion of Agricultural Efficiency:
o The Act promotes agricultural efficiency by optimizing land use
patterns, reducing fragmentation-induced inefficiencies, and
supporting sustainable agricultural practices.

___________________________________________________________

UNIT V

1) Discuss the various provisions related to regulatory authority

under real estate regulation and development act 2016?

Sec.20 of Real Estate(Regulation & Development), 2016 provides for the

establishment and incorporation of Real Estate Regulatory Authority.

Establishment

It is the responsibility of the appropriate Govt. to establish the Real Estate

Regulatory Authority within a period of one year from the date of coming
into force of this Act, to exercise the powers conferred on it and to perform
the functions assigned to it under this Act:
The real estate regulatory Authority is a body corporate by the name as
mentioned above having perpetual succession and a common seal, with the
power, to acquire, hold and dispose of property, both movable and
immovable, and to contract, and can by the said name, sue or be sued.

Composition of Authority

The Authority consists of a Chairperson and two whole time Members

appointed by the appropriate Government.

Qualifications of Chairperson and Members of Authority

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

Term of office of Chairperson and Members

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

Functions of Authority

The functions of the Authority shall include

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

2. b) to publish and maintain a website of records, for public viewing,

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

Powers of Authority

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

Page 183 of 201

(i) the discovery and production of books of account and other documents,
at such place and at such time as may be specified by the Authority;

(ii) summoning and enforcing the attendance of persons and examining

them on oath;

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

(iv)any other matter which may be prescribed.

Power to issue interim orders

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

Powers of Authority to issue directions

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

Powers to impose penalty

The Authority has the powers to impose penalty or interest, in regard to

any contravention of obligations cast upon the promoters, the allottees and
the real estate agents, under this Act or the rules and the regulations made
thereunder.

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

Power to make reference

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

(a) has an appreciable prevention, restriction or distortion of competition

in connection with the development of a real estate project; or

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

___________________________________________________________

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

authority undert the act?

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

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

1. Protecting the interests of home buyers: RERA aims to protect

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

2016

1. State-level regulatory authorities (Section 20) – Real Estate

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

___________________________________________________________

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

The Act seeks to protect the interest of allottees by casting obligations on

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

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

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

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

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

After the project is registered, a login ID and password is provided by the

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

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

Section 3 of the Act prohibits a promoter from advertising, marketing,

booking, selling or offering for sale any plot, apartment or building in the
project in the planning area without registering the project unless, the
project is such which does not require registration.

4. Duty to make available certain documents at the time of booking and

issue of allotment letter [Sec.11(3)]

The promoter is required to make available the following information to the

allottee at the time of booking and issue of allotment letter:

i. sanctioned plans, layout plans along with specifications approved by

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

5. Duty to obtain the completion certificate or the occupancy certificate

[Sec.11(4)(b)]

The responsibility to obtain the completion certificate or the occupancy

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

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

Where the real estate project is developed on a leasehold land, the

promoter is responsible for obtaining the lease certificate from the relevant
authorities specifying the period of lease and certifying that all dues and
charges in regard thereto have been paid. The certificate needs to be made
available to the allottees.

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

The advertisement, prospectus or any other document designed to canvass

and invite the public to purchase should have information which is not
incorrect, false or misleading

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

executing agreement to sell [Sec.13]

A promoter is prohibited from accepting any sum exceeding 10% of the

cost of the apartment, plot or building as advance payment or application
fee unless, he executes an agreement for sale with the allottee and gets it
registered under the law relating to registration.

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

The webpage of the project contains details of sanctioned plan or layout

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

13. Duty to enable formation of association or society of the allottees or a

federation of the same [Sec.11(4)(e)]

The Act being a regulatory Act to regulate the construction, sale,

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

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

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

___________________________________________________________

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

Sec 2(d) – Allottee

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

may be , has been allotted or sold or transferred by the promoter but does
not include a person to whom such plot or apartment or building has been
given on rent
A - Rights of Allottees
¬ Rights of the Allottees to obtain information
¬ Right to know stage-wise time schedule of completion ¬
Right to claim possession
¬ Right to claim refund in the event of non-completion ¬
Right to obtain documents and plans

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

1. Rights of the Allottees to obtain information

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

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

This is also the information required to be displayed on the website. Apart

from the time scheduled for the completion, the allottee is entitled to
information regarding water, sanitation, electricity and other amenities and
services as agreed with the promoter in the agreement for sale.

3. Right to claim possession

The allottee is entitled to claim possession of the building, apartment or

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

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

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

5. Right to obtain documents and plans

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

B- Duties of Allottees

1. Duty to make payment

Every allottee, who has entered into an agreement to take an apartment,

plot or building as the case may be, shall be responsible to make necessary
payments in the manner and within the time as specified in the said
agreement for sale and shall pay at the proper time and place, the share of
the registration charges, municipal taxes, water and electricity charges,
maintenance charges, ground rent, and other charges, as may be payable

2. Duty to pay interest at prescribed rate

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

3. Duty to participate towards formation of society/association

Every allottee of the building apartment or plot is required to participate in

the formation of an association or society or co-operative society of the
allottees or a federation of the same.

4. Duty to take physical possession

Allottee shall take physical possession of the building, apartment or plot

within a period of two months of the issue of occupancy certificate.

5. Duty to participate in registration of conveyance deed

Under section 17(1) the promoter is required to execute a registered

conveyance deed of the building, apartment or plot in favour of the allottee
and of the undivided proportionate title in the common areas in favour of
their association. While the primary responsibility of conveying the title is
that of the promoter, the allottee is also responsible to participate in the
process and extend all co-operation in the matter.

Penal consequences in case of failure

The allottee, in case he fails to comply with or contravene any order

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

___________________________________________________________

6) SN – Offences and Penalties under RERA

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

A - Penal consequences of defaults by the promoters

(i) Contravention of Section-3 dealing with registration of the project (Sec.

59)

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

(ii) Contravention of Section-4 obligating the promoter to make application

for registration and furnish information (Sec. 60)

In order to get the project registered, the promoter is to make an

application u/s. 4 to the RERA within the prescribed time

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

Punishment for contravening any provision of the Act or rules or regulations

thereunder, except provisions of Sections 3 and 4 in respect of which
consequences are provided separately in terms of Section 61. Such
contravention is made punishable with penalty which can be up to an
amount equal to 5% of the estimated cost of the project as determined by
the RERA.
 i. failure to enter details on website [Sec.11(1)]
ii. failure to quote website address in advertisement for sale [Sec.11(2)]
iii. failure to make prescribed information available at the time of
booking and issue of

allotment letter [Sec.11(3)]

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

to allottee [Sec.11(4)(b)]

v. failure to obtain lease certificate where the development is on leasehold

land [Sec.11(4)(c)]

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

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

[Sec.11(4)(e)]

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

of allottees

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

A promoter who fails to comply with or contravenes any of the orders or

directions of the RERA is made punishable by penalty calculated at the
determined amount per day for the period during which the default
continues subject to the maximum imposable penalty of amount equal to
5% of the estimated cost of the project as may be determined by the
authority.

(v) Failure to comply with orders of the Real Estate Appellate Tribunal (Sec.
64)

Failure by the promoter to comply with the orders, decisions or directions

of the Real Estate Appellate Tribunal is made punishable with imprisonment
for a term up to three years or with fine for every day of default or, with
both. The fine to be imposed can be of an amount up to 10% of the
estimated cost of the real estate project.

B – Defaults committed by the allottees

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

The allottee contravening or failing to comply with any order, decision or

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

authority.

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

If any allottee fails to comply with or contravenes any of the orders or

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

C – Penal consequences for default by agents

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

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

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

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

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

10,000/- for every day of the default which can cumulatively go up to 5%

of the cost of building apartment or plot of which he facilitated the sale or
purchase.

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

If any real estate agent, fails to comply with, or contravenes any orders or
directions of the Authority, he shall be liable to a penalty for every day
during which such default continues, which may cumulatively extend up to
five per cent, of the estimated cost of plot, apartment or building, for which
the sale or purchase has been facilitated by him and as determined by the
Authority.
(iv) Failure to comply with orders of the Real Estate Appellate Tribunal (Sec.
66) Page 194 of 201

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

__________________________________________________________

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

Overview

One of the salient features of RERA is the requirement of registration of the

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

RERA defines promoter as (“Promoter”):

1. Builder;
2. Developer;
3. Development Authority;
4. Society; or
5. Holder of Power of Attorney from the owner of the land on which
building / apartment is constructed or plot is developed for sale.

A “real estate project” is defined as the development of a building,

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

Who needs to register?

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

i. Any person who constructs or who wants to build an independent

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

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

1. Where the area of the land does not exceed 500 square meters or
number of apartments does not exceed 8 (eight);
2. Where the Promoter has received completion certificate for a real
estate project prior to commencement of RERA; and
3. Where the work involved is limited only to renovation or repair or re-
development and does not involve marketing, advertising, selling or
new allotment of any apartment, plot or building.

Application for registration under RERA

In terms of Section 4 of RERA, an application required to be made by every

Promoter along with the prescribed fee for registration of its real estate
project and shall beinter alia accompanied with the prescribed documents
including:

1. An authenticated copy of the approvals and commencement

certificate obtained from the competent authority;
2. Sanctioned plan, layout plan and specifications of the proposed real
estate project as sanctioned by the competent authority; and

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

1. that the Promoter has a legal title over the land on which
development is proposed;
2. the details of all encumbrances on such land;
3. the time period within which the Promoter undertakes to complete
the real estate project;
 4. that the Promoter would deposit 70% of the amount realized for the
real estate project from the allottee(s) from time to time in a separate
bank account.

Validity of registration under RERA

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

The registration granted by the Authority may be extended by it upon

receipt of application from the Promoter in this regard in the following
circumstances:

1. Force Majeure: war, flood, drought, fire, cyclone, earthquake or any

other calamity caused by nature affecting the regular development of
the real estate project.
2. Other than force majeure: The Authority may extend the registration
to a maximum period of one year if it feels that the circumstances
and reasons for extension of the case are reasonable.

Revocation of registration

RERA stipulates various compliances with respect to a real estate project.

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

Consequences of non-registration

In case of non-registration of the real estate project, Section 59 stipulates

a penalty of up to 10% of the estimated project cost and in case of
continued default, an additional fine up to 10% of the estimated project
cost or imprisonment up to 3 (Three) years or both.

___________________________________________________________
8) Real Estate Agent – SN

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

Who is a Real Estate Agent?

Section 2(zm) of RERA defines real estate agents. According to the

definition, a "real estate agent" means any person, who negotiates or
represents other persons for transfer of a real estate property by way of
sale to another person and receives remuneration or fees or any other
charges for his services whether as commission

Requirement of registration

To achieve the objective of regulating the real estate sector and to

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

Documents for registration

• • Name, registered address, type of enterprise (proprietorship,

societies, partnership, company etc.);
• • In case of a Real Estate Agency the particulars of incorporation
including the bye- laws, MoA , AoA,
• • Name, Address, contact details and photograph of the real estate
agent or director or Partners
• • the authenticated copy of the PAN card of the real estate agent;
• • the authenticated copy of the address proof of the place of
business.

Validity

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

The following conditions/ compliances are to be adhered to by the real

estate agents after attaining the registration certificate:

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

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