Land laws

Notes Compiled By

Law Students Federation (LSF)

[LAND LAWS]
Osmania University Syllabus Notes Compiled By LSF for May 2016 3ydc IV Semester
Exams
Fourth Semester Osmania University LLB 3YDC Land Laws Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
1Q.Explain the provisions of Doctrine of Eminent domain and
Doctrine of Escheat and Bona Vacantia?
Ans. Land laws are based on doctrine of Eminent domain, Escheat and
Bona Vacantia. When any matter of the land comes before the court then
there is interpretation of the doctrine.
Doctrine of Eminent domain:-
Eminent means unavoidable domain means rights when there
is benefit of thousands and lakhs of people then handful of people may be
allowed to suffer, welfare of majority is common principle incorporated in
constitution. Therefore government have complete right over the lands.
Following are the provision in which doctrine of Eminent domain has been
applicable.
1. Land Acquisition Act 1894:- Government can acquire any land for
public purpose by paying compensation. The term public purpose
have broad meaning, such as for railways, dam, canal, airport, bus
stand, university, owner cannot reject claim of the government. When
land is acquire for public purpose but he can only make claim for
adequate compensation under article 31 of the constitution, Right to
Property have been abolished and it is only conditional right and not
absolute right.

2. Ceiling Act 1961:- In 1961 Ceiling Act was passed and permissible
limit has been given for holding the land. Above this limit hand was
declared and taken away by government under Ceiling Act
compensation was paid to owner which was not sufficient . this land
was distributer among landless people and poor people.

3. Use of Land:- There is also control on use of Land. Agricultural land

cannot be used for residential purpose. Unless government declare it
as Non-Agricultural land.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
Doctrine of Escheat
Escheat means having no heirs, succession of property can be
done by heirs and also distant kindred. If there are no heirs and distant
kindred then succession is done by respective state government. According
to doctrine of Escheat. Therefore government is also like heirs to make
succession on principles when there are no actual heirs, therefore rule of
escheat also gives power to government retaking to properties.
Doctrine of Bona Vacantia
Bona vancantia means vacant land not occupied by anybody
according to this doctrine all vacant land belongs to government, all forest
belong to government. All open land also belong to government. There is
right of government over all the rivers. Government passed Forest Act and
appointed Forest officer and prevented the people to carry any forest
product government is also collecting tax to carry sand from the river.
Therefore this Doctrine are giving more power to government on the
lands.
2Q. Explain Land reforms during pre-independence and post
independence period?
Ans. In India major segment of the people live in villages . It is stated that
there are above 3 lakh in which 70% population live and they have
agricultural as source of income. Therefore government passed many laws
relating to land before and after independence called as agricultural
reforms.
Reform Before Independence
1. Land Revenue:- There was Land revenue which was 1/3 rd and 1/4 th
of total productions on the land given to Kings.
2. Mahalwari System:- Mahal means “Village”, In village gram
panchayat was formed and panchayat had power to collect Land
revenue and deposit in officer of the Tahsildar who is revenue officer
at Taluka.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
 3. Land Acquisition Act 1894:- This Act was passed in 1894 under this
Act government can acquire any land for public purpose by paying
compensation
4. Intermediaries:- Mediators where recognise and provided in villages
to buys the goods. They use to sale goods in market.
Reforms After Independence
1. Survey Of Land:- After Independence there was survey of the lands
and lands where given survey number. There was permanent
settlement of revenue in terms of Money.
2. Record Of Rights(ROR):- Records of land where maintained not
only in panchayat but also at taluka level in office of the Tahsildar and
at district level office of Collector. They are called as Revenue
Authorities. Patta pass books are given to owner of land and also
certified copy of record is available by paying the fee called Pahani
record.
3. Ceiling Act:- This Act was passed 1961and limit have been given for
holding the land excess land was taking away by government. By
passing this Act Landlords or Zamindar have been abolished.
4. Tenancy Law:- This law was passed in 1960. Any agricultural tenant
having 6yrs possession was declared as protected tenants and he
has been given unlimited rights on the land.
5. Abolition of Inami Land & Jagir Land:- During period of Kings,
Jagir lands were given as gift and Britishers gave Inami land as Gift.
After Independence it has been abolished but lands which were
already given were not affected.
6. Land Grabbing Act:- This act was passed for speedy disposal of
land grabbing cases, separate court was constituted called as Land
Grabbing Court.
7. Abolition Intermediaries:- Intermediaries or mediators have been
abolished and land owners can directly sale there product in Market.
This are the reform done before and after Independence relating to Land.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
3Q. Explain Salient features of Land Acquisition Act 1894?
Ans. Land acquisition act was enacted in 1894. Land can be acquired for
public purpose by paying compensation. It has got constitution validity
because in directive principle for state policy. It is mentioned that
concentration of wealth to be minimised in hands of few people and natural
resources to be distributed among the people. It is also stated that welfare
of majority to be taken into consideration even though handful people may
suffer. Any development or progress of the country is not possible unless
land is acquire, Right of Property is also deleted under article 31. Right to
Property is conditional right and not absolute right. All this provision give
right to government to acquire the property.
Public Purpose
Land can be acquire only public purpose. The term public purpose
have been given broad interpretation and it includes following points:
1. Land can be acquired for public companies and corporations, such as
railways, bus stands , airports etc.,
2. Land can be acquire for dams and canals.
3. Land can be acquired for universities, colleges and institutions.
4. Land can be acquired for government building for offices.
5. Land can be acquired for hospitals
6. Land can be acquired for corporations and society.
7. Land can be acquired for drainage and roads.
Acquisition & Requisition:
Acquisition is permanent but requisition for temporary purpose
government can take the land under requisition, such as for purpose of
defence force to settle refuges. After such period land is return back to
owner, In land requisition owner get Rent, Under Requisition land is not
return back, but under requisition owner may get back the land.
1. Directive to Revenue Authority:- Government take decision to
acquire the land for particular purpose and direction is given to
collector of that district to acquire the land.
Fourth Semester Osmania University LLB 3YDC Land Laws Notes
Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
 2. Notifications:- Collector gives notifications n newspaper by giving
particulars, such as serial no, name of the owner, measurement of
land, which is acquired, survey number name of the village, taluka
and district and purpose for which land is being acquires.
3. Notices:- Individuals notices are given to land owner under
acknowledge about acquisition of the land.
4. Objection:- If owner have any objection again acquisition then the he
can arise it in writing within three month period before the collector.
5. Hearing:- When there is objection then collector makes hearing and
decide the objection . If objection is reasonable then land is deleted
from acquisition. If it is baseless then objection is dismissed.
6. Compensation:- Government make survey of the land such as
quality of land revenue paid for the land, irrigate or non- irrigate land
and prices is that region by considering this point amount of
compensation is fixed and communicated to owner. It is paid within
six month period. In case of delay for more than six month
government have to pay interest @ 9% per annum for the delay
period. If owner finds that compensation is insufficient then he can file
case in the court and judgement of the court binding on government.
This is detail about the term Public Purpose, Procedure of Land
acquisition and payment of compensation under Land acquisition Act
1894.
4Q. What do you mean by ceiling and its procedure and properties
exempted from ceiling specified under Ceiling Act 1961?
Ans. Ceiling Act was passed in 1961 purpose of ceiling act is to prevent
concentration of wealth is hands of few people
Following are the objects of ceiling act, abolition of zamindari
1. There is justice to be done to all citizens which include economics,
social and political justices. Land ceiling is having objects of social
justice.
2. Natural resources to be distributed among the people.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
 3. There is right to life under article 21 of the Constitution, It require
source of Income and land is given to create source of Income.
4. When there is thousands of acres land of then it is neglected and if
effects productions of grains
Procedure of Land Ceiling
1. Survey Of Land:- In every district collector made survey of the land
and verified land required to find out surplus land.
2. Limitation of Land:- After survey of the land permissible limit have
been fixed out it is 18,27,36,54 and 72 acres land. According to
nature and quality of the land. Above permissible limit become
surplus land or excess land.
3. Notifications:- Notifications was published by collector about surplus
land in the district, such as serial no, name of owner measurement of
surplus land village and taluka and district and survey number.
4. Restriction on Transfer:- Restriction was brought on transfer of land
by sale or gift so that purpose of land should not be defeated.
5. Individual Notices:- All land owner were given individual notices
about declaration of surplus land.
6. Objection:- Objection can be raised with in three month by the owner
against ceiling.
7. Hearing:- If objections is raised then collector made hearing and
decided the objection. If objection is baseless then it is dismissed , If
objection is reasonable then land is deleted from ceiling.
8. Compensation:- Government fixed compensation for the land
acquired under ceiling and paid within six month of period. In case of
delay 9% per annum interest was given on amount of compensation.
If compensation is insufficient then owner can file case in the court.
Land Exempted from Ceiling

 Land under possession of central government or state government.

 No ceiling is applicable for land under possession of university and
educated institutions.
 Land belonging wakf or trust is exempted from ceiling.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
  Land belonging to public company corporation is exempted.
 Land which is already constructed for housing is exempted.
 Land hold by corporate society is exempted
 Land which is mortgaged to bank.
 Land held by gram panchayat or gram sabha is exempted.
 Land under possession of defence force.
 Land of graveyard and play ground.
 Land covered by tea gardens and coffee garden and medical plants.
This is detail about land ceiling, procedure to enforce land ceiling and land
exempted from ceiling under ceiling act 1961.
5Q. Explain the term tenant and rights and protections to tenant under
tenancy law 1950?
Ans. Tenancy act was passed in 1950 object of Tenancy Act is to protect
rights of the Tenant. Tenant means any person or his family members carry
on cultivation on the land by collecting consideration from land lord in the
form of money or percentage of Agricultural product.
Kinds Of Tenant
There are two kinds of tenant
1. Ordinary Tenant:- Ordinary tenant is having less than 6 yrs
possession of the land, Before or after passing the act. It is not much
difficult to vacate ordinary tenant. If there is more than 6yrs
possession, but it is not continuous then also such person is ordinary
tenant.

2. Protected Tenant:- It if having 6yrs possession before or after

passing the act. Protected tenant should have continuous possession
for six years or more period, Revenue officer issued certificate to
protect a tenant. This tenant have unlimited rights relating to land.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
Distinguish Between Ordinary & Protected Tenant
Ordinary Tenant Protected Tenant
Protected Tenant have 6yrs or more
There is less than 6yrs possession period
Certificate has not be issued to Certificate has been issued to
Ordinary Tenant protected tenant
Protected tenant have unlimited
Ordinary Tenant have limited right rights
Eviction Protected tenant is become
Eviction Ordinary tenant is not difficult difficult
Rights of Protected Tenants
1. He can continue possession for unlimited period.
2. There is no need of renewal of tenancy delete, because it is stated
that “Once a tenant is always a tenant”.
3. If landlord inter fear then protected tenant take remedy for injunction
against him.
4. If landlord wants to sale the land then he has to sale it only to
protected tenant and not other party.
5. He can do improvement or development on the land.
6. Protected tenant have right to borrow loan to purchase property.
7. He has right to obtain certificate from revenue officer has protected
tenant.
8. There is right to file petition before revenue officer for determination
of rent.
Eviction of Protected Tenant
1. When protected tenant or his family members are not with willing the
land personally and they have also appointed servants to do
cultivation. In such case court gave order of Eviction of Tenant.
2. When protected tenant gave affidavit in writing before revenue
officers and surrender the land voluntarily, then he can be vacate the
land.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
This detail about Tenant, Kinds Of Tenants, Distinguish between Ordinary
Tenant and Protected Tenant and grounds of evictions of tenant under
Tenancy Act 1950.
6Q. Explain the provisions of the term “Ownership of Land”?
Ans. The term ownership of Land is having broad meaning under land laws
and it includes following points
A. Documents:- Person in who’s favour there are documents or title
deeds of the lands is treated as owner of the land.
B. Legal Representatives:- When there is death of the owner then
rights of ownership pass on to heirs. There are also like owner of the
land.
C. Inami land:- During period of Britishers some lands were given as
gift and they can enjoy it from generation to generation and they are
just like owner of the land.
D. Jagir land:- During period of Kings some gifts land is given as Jagir
land and they are owner of the land.
E. Distant Kindred:- When there are no heirs then Distant Kindred or
relatives can also claim succession as owner of the land.
F. Will:- When anybody have written a will and gave property to any
person then after death of Testator. Ownership pass on to him.
G. Donee:- When any land is given as a gift then donee gets ownership
of the land.
H. Buyer:- When there is sale of the land then ownership pass on the
buyer.
I. Prescription:- When anybody occupy the land illegally and continue
possession for 20years or more period, then it is called as
prescription and he is like owner of the right.
J. Trustee:- When there is trust land then it is managed by board of
trustee and there is just like owner of the land.
Therefore the terms ownership of the land have wide interpretation in the
land laws.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
7Q. Explain Law relating to restrictions transfer of land in scheduled
areas?
Ans. This Act is enforceable in Andhra Pradesh and Telangana State .
therefore it is called as Restriction on Alienation or Transfer in Scheduled
Areas Act 1982.
Schedule area means such area which population of tribal people is
75% or more under article 244 of Constitution and 6 th schedule it is
mentioned that rehabitation of Tribal people to be encouraged, such Tribal
area are in East Godavari, Visakhapatnam, Adilabad, Khammam and
Mehboob Nagar. After making survey government have declared it has
scheduled area by notification in Gazette and news papers.
Provisions of this Act
1. No land can be sold in schedule area other than Tribal person such
Tribal person are moving from place to place to earn there livelihood
whenever there are unable to earn income for there livelihood. There
are committing following act
a. They are destroying tress in the forest and selling timber in the
market.
b. They are killing wild animals in the forest for their livelihood.
c. They are also committing crime such as theft, robbery and
dacoit.
Therefore this Act is having purpose of rehabitation of Tribal people
and to minimize crimes in the society.
2. Government issued G.O and directed all offices of Registrar in
schedule areas having jurisdiction not to transfer any land by
registration of transfer is not tribal person.
3. If anybody want to appoint tenant to cultivate the land then he should
also be a tribal person
4. If any land acquired under ceiling in Tribal areas or schedule areas.
Then government distribute it only among tribunal people.
Fourth Semester Osmania University LLB 3YDC Land Laws Notes
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9703132560/8019318019
May 2016
 5. If any gift of land is given then donee should be tribal person
6. If there is attachment of the court then property to be transfer only to
tribal person
7. Government may also sanction the loan to buy the property and
recover the instalment.
8. Government may do census of population every five year. If possible
of Tribal people is less than 75% then government have power to
delete it has scheduled area by notification and this provision does
not apply.
Therefore purpose of this act is rehabitation of Tribal people and to create
source of Income and it is Justified under Article 244 of the Constitution.

8Q. What is Land grabbing? Explain constitution and function of land

grabbing court specified under A.P land grabbing act of 1982?
Ans. A.P land grabbing act is the state legislation enacted in 1977 and
came into force in state. Grabbing means to occupy the land illegally land.
Grabbing cases are increasing in rural areas person who occupy the land
illegally is called as “Land Grabber”.
Purpose or objects of the Act
1. It has main object to bring check and control on land grabbing
matters.
2. Cases are filed in civil court and it is causing unreasonable delay it to
decide land grabbing cases.
3. When disputes arises in the court then there is no cultivation on the
land, which effect production.
4. There is application of physical force inland grabbing cases and
crimes are increasing.
5. There is heavy work load on civil court and they cannot decide cases
speedily.
Therefore by passing this act separate court have been constituted called
as Land Grabbing Court.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
Land Grabbing Court
Following are the members in land grabbing court called as Land Grabbing
Tribunals
1. Retired Judge of High court is chair person or president of land
grabbing court
2. Two retired district judges are members of land grabbing court
3. There are two retired revenue authorities such as collectors,
commissioners on land grabbing court.
Therefore in this court there are five members, In any case of land grabbing
, there are five member may sit on the bench.
Powers of Land Grabbing Court
It has all the powers of civil court which are as follows
 To issue summons to parties and witness
 To examine parties and witness
 To examine documents
 To pass interim order
 To adjourn the cases
 To call the record of land from government office
 To record the statement to relevant offices
 There is power to land grabbing to give punishment up to 3yrs
imprisonment
 This court can order to vacate the land which have been grabbed
 They give decision collectively or by majority opinion.

Appeal from land grabbing court is allow to High court.

This detail about objects of land grabbing act and constitution and
function of land grabbing court.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
 Short Notes
1Q. Intermediaries?
Ans. It means mediators during Britishers period intermediate is provided
in villages, they use to purchase goods from the farmers in the villages. It
was convenient for farmers to go to market directly and transport his goods.
It become costly for him to arrange transport for few bags of grains, by
providing Intermediaries this problem from many farmer is solved,
intermediaries use to buy goods which is excesses from many farmers and
collectively transport by tucks to market.
This policy was convenient for farmer but there was exploitation .
Intermediaries use to buy goods at very less price, this mediator were
earning heavy profit which was more than farmers getting after producing
the goods.
After Independence Intermediaries were abolished and direct market
was made available to farmers. It has main object to prevent exploitation of
the farmers in village, farmers have right to sale there goods at reasonable
rate at any market and there are no intermediaries to force them to sale the
goods.
2Q. Government Control on Land?
Ans. There is control of the government on the land. Eventually in
possession of private parties, No owner is allow to keep the land without
cultivation otherwise government can inter fears and give the notices main
object of control of land is production of agricultural product should not be
effect . It includes following points
1. When any owner is not cultivating land then government can issue
notice and direct him to do cultivation. If it is not done after notice
then government can appoint the tenant to do cultivation.
2. When government supply water through canal for irrigation then
revenue is collected at revised rate.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
 3. When any agricultural land to be converted into plotting for residential
areas then it is necessary to declare the land non-agricultural land.
4. When mineral formed in any land then government can acquire it by
passing compensation. Therefore government is having control over
the land.
3Q. Payment of Compensation?
Ans. When land is acquire under land acquisition act or ceiling act then
government have to pay compensation first of all government authorities
make survey of the land and examine quality of the lands, main crops,
expected income, irrigated or non-irrigated, market value in that areas and
fine the compensation
1. Notice of compensation is given under acknowledgement either by
registered post or through messenger to land owner, who’s land is
acquire
2. After notice compensation have to pay within six month period.
3. If delay is caused then government have to pay 9% per annum rate of
interest for delay period.
4. If compensation is not sufficient then land owner can file the case in
the court and claim proper compensation court is having power to
confirm same compensation or enhance it after hearing both side but
court has no power to reduce amount of compensation.
5. Government can also give money bonds of fixed period with maturity
amount to land owners
6. If there is death of land owner than compensation have to pain to his
nominee or the heirs.
Therefore compensation is paid, when land is acquired for public
purpose or under ceiling.
4Q. Urban Land Ceiling?
Ans. It was brought into effect in 1982. Urban area means cities. Urban
areas are divided into three categories and this are A class city B class, C
class city.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016
 Delhi , Mumbai, Calcutta and Chennai where permissible limit of land
is 1000 Sq. Meter. Above this land which is open land is taken away under
ceiling by the government. It was sold to landless people by making the
plots.
In B class city permissible limit of land is 1500 Sq. Meter. Such as
Bangalore, Bhopal, Agra, Hyderabad , Vizag and Pune.
In C class city such as Warangal, Vijaywada, Solapur, Latur which
are generally district places where permissible limit 2000 Sq. Meter.
Purpose of this act is to prevent construction of luxuries houses in
cities where accommodation is a problem. It is also having object to
prevent concentration of wealth in few hands . It has also object to provide
accommodation to home less people.
5Q. Control of Rent?
Ans. When there is disputes between land lords and the tenants relating to
them revenue officer have power to decide it petition can be filed either by
land lord or the tenant for function of fair rent. If rent is less than land lord
filed the petition and if rent is excess then tenant file the petition following
steps are taken by revenue officer to control dispute of rent revenue officer
to control dispute of rent.
1. There is hearing of both sides
2. There is personal visit and inquiry about rent in that area.
3. Purpose for which property is used.
4. Valuation of the property.
5. Facilities provided by land lord.
6. If tenant has given heavy deposit then it is consider.
After considering all above points order is passed about fair rent or control
on the rent which is binding on both the parties.

Fourth Semester Osmania University LLB 3YDC Land Laws Notes

Prepared by Law Students Federation (LSF)
9703132560/8019318019
May 2016