PROJECT ON

Government Lessees under the C.G. Land Revenue Code

SUBMITTED TO:

SUBMITTED BY:

SUBMITTED ON:28th February15

TABLE OF CONTENTS

ACKNOWLEDGEMENTS...............................................................................3RESEARCH METHODOLOGY......................................................................4OBJECTIVES.....................................................................................................4CHAPTERIZATION....................................... ............................................5-17

1. INTRODUCTION2. CHAPTERSA. Overview: RFCTLARR Act, 2013B. Provisions regarding consent requirementsC. A comparison with earlier actD. Amendments to RFTCTLARR Act, 2013: Demand, Protest and PoliticizationE. Judicial Take: Emerging case laws

3. CONCLUSION

REFERENCES..................................................................................................18

ACKNOWLEDGEMENTS

I feel highly elated to work on the topic Government Lessees under the C.G. Land Revenue Code The practical realization of this project has obligated the assistance of many persons. I express my deepest regard and gratitude for Ms. Vini Singh, Faculty of Land Laws. Her consistent supervision, constant inspiration and invaluable guidance have been of immense help in understanding and carrying out the nuances of the project report.I would like to thank my family and friends without whose support and encouragement, this project would not have been a reality.I take this opportunity to also thank the University and the Vice Chancellor for providing extensive database resources in the Library and through Internet.Some printing errors might have crept in, which are deeply regretted. I would be grateful to receive comments and suggestions to further improve this project report.

RESEARCH METHODOLOGY

This Doctrinal research is descriptive and analytical in nature. Secondary and Electronic resources have been largely used to gather information and data about the topic.Books and other reference as guided by Faculty have been primarily helpful in giving this project a firm structure. Websites, dictionaries and articles have also been referred.

OBJECTIVES

1. To define and understand the meaning and need for the Government Lessees.2. To study the Rights And Liabilities of a Government Lessees.

Chapter- 1GOVERNMENT LESSEES (SECTION 181)Every person who holds land from the State Government or to whom a right to occupy land is granted by the State Government or to Collector and who is not entitled to hold land as a bhumi-swami shall be called a Government lessee in respect of such land.[footnoteRef:2] [2: Section 181 (1)]

Every person who at the coming into force of this Code-[footnoteRef:3] [3: Section 181 (2)]

(a) holds any land in the Madhya Bharat region as an ordinary tenant as defined in the Madhya Bharat Land Revenue and Tenancy Act, Samvat 2007 (66 of 1950); or(b) holds any land in the Vindhya Pradesh region as a special tenant as defined in the Vindhya Pradesh Land Revenue and Tenancy Act, 1953 (III of 1955), or as a gair haqdar tenant any grove or tank or land which has been acquired or which is required for Government or public purposes; or(c) holds any land from the State Government in the Sironj region as a gair khatedar tenant as defined in the Rajasthan Tenancy Act, 1955 (3 of 1955);shall be deemed to be a Government lessee in respect of such land.SC in the State of Madhya Pradesh and Ors Vs. Mr. Krishna Rao Shinde and Ors.[footnoteRef:4] Held that these provisions show that whether or not the Company has been holding the land in terms of the original lease or under the newly stipulated terms of the lease, the Company has been holding the land from the State Government and it has never been an ordinary tenant as defined in the Madhya Bharat Act No. 66 of 1950. Accordingly, whether considered in terms of Sub-section (1) or Sub-section (2) of Section 181, the Company has been at all material times a Government lessee in respect of the land in question; Accordingly. Section 182 of the Code is attracted. [4: 1991()MPJR(SC)108]

Further, it held that it was in terms of Sub-Section 2 (i) of Section 182 that the Additional Collector made his Order for eviction of the Company. The finding of the Additional Collector is a finding of fact based on evidence and is not liable to be questioned in these proceedings. His finding shows that large amounts are due and payable by the Company as rent and that the rents have remained unpaid for a period far in excess of three months from the dates on which they became due. In the circumstances, the Additional Collector was well justified in having recourse to the proceeding prescribed under Section 182 of the Code. The finding of the High Court to the contrary was, in our view, totally unjustified and opposed to law.In exercise of the powers conferred under section 181 read with section 258 of Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959), the State Government hereby makes the following rules, namely,:

Chapter-2THE LEASE RULES, 2006In exercise of the powers conferred under section 181 read with section 258 of Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959), the State Government hereby makes the following rules, namely, The Lease (Government land for Ratanjot/Karanj plantation and bio-diesel based processing unit) rules, 2006.[footnoteRef:5] [5: No F 4-59/2005/Seven/06]

Important definitions under the rules (1) "Government Organization" means, Government Undertakings of Government of Chhattisgarh, such as CREDA, Forest Development Corporation, Agriculture and Seed Development Corporation, etc. [footnoteRef:6] [6: Section 2(3), The Rules]

(2) "Interdepartmental Committee" means, the Interdepartmental Committee constituted by Government of Chhattisgarh Revenue Department.[footnoteRef:7] [7: Section 2(4), The Rules]

(3) "Ratanjot/Karanj and bio-diesel based processing unit" means and includes establishment of complexes or estates comprising Ratanjot/Karanj plantation and bio-diesel processing industrial units, composite high technology agricultural projects in the areas of Bio-fuel, hybrid seed production, micro-propagation through tissue culture etc. and research and development activities including training.[footnoteRef:8] [8: Section 2(5), The Rules]

(4) "Lease" means, lease given under these rules but does not include sublease.[footnoteRef:9] [9: Section 2(6), The Rules]

(5) "Lessee" means, the organization which has been granted a lease under these rules.[footnoteRef:10] [10: Section 2(7), The Rules]

(6) "Ravine land' means, land spoiled by water into gully and narrow gorges and unfit for cultivation by ordinary means.[footnoteRef:11] [11: Section 2(8), The Rules]

(7) "Mumkin land" means, land unfit for cultivation by ordinary means.[footnoteRef:12] [12: Section 2(9), The Rules]

(8) "Waste Land" means Government land lying vacant for more than 10 years which is unfit for cultivation by ordinary means, and includes mumkin land and ravine land, but does not include forest land.[footnoteRef:13] [13: Section 2(10), The Rules]

Procedure for Grant of lease[footnoteRef:14]: - [14: Section 5, The Rules]

(1) The application for lease shall be made to the collector in the format given in schedule-1.(2) Within one month of the receipt of the application, the committee constituted under rule 3 shall examine it and give its recommendation.(3) Collector shall send the proposal to the Revenue Department in the format given in schedule-2 along with the recommendation of the committee.(4) Revenue department shall submit the cases received by it after examination to Chhattisgarh Bio-diesel Development Authority. (5) On receipt of the recommendation of Chhattisgarh Bio-diesel Development Authority the case shall be submitted for decision to the Interdepartmental Committee of the Revenue Department. The decision of the Interdepartmental Committee with respect to the lease shall be final and shall be deemed to be the decision of the State Government.(6) The decision of the interdepartmental committee shall be communicated to the collector by the Revenue Department.(7) The decision of the State Government shall be communicated to the applicant in writing by the Collector.(8) If the State Government has decided to grant lease, the lease shall be executed by the Collector.(9) If more than one application is received for the same land, Chhattisgarh Bio-diesel Development Authority shall recommend one applicant keeping in view the previous experience of the applicants, knowledge in the field of bio-fuel and the possibility of proper utilization of land.(10) Land situated within 16 Kms of the limits of the area of a Municipal Corporation, 8 Kms of the limits of the area of a Municipal Committee/District Headquarters or 4 Kms of the limits of the area of a Nagar Panchayat shall not be given on lease under these rules.Conditions of Lease[footnoteRef:15]: - [15: Section 6, The Rules]

(1) Waste land will be allotted first for 20 years. The State Government may renew the lease after considering the compliance with the conditions of the lease, necessity of the land in future and public interest, for a further period of 10 years.(2) The lessee shall not use the land for any purpose other than plantation of Ratanjot and Karanj and establishment and running of bio-diesel based processing unit.(3) The lessee shall invest 50 percent of the total project cost within 2 years from the date of grant of lease, and shall invest the remaining amount within the next 3 years.(4) The lessee shall not make any construction of permanent nature on the leased land.(5) Lessee shall not sub-lease the land.(6) Lessee shall be responsible for the payment of all Government and public tax, cess etc.(7) Lessee may get the Jatropha and Karanj plantation and Bio-diesel based processing unit managed by a company in which the lessee Government Organization has at least 26 percent share holding, but the lessee shall neither transfer the land to anybody nor sub-lease it under any circumstance.Cancellation of lease, return of possession and re-allotment[footnoteRef:16]: - [16: Section 10, The Rules]

(1) The State Government may, after giving an opportunity of being heard, cancel the lease at any time if the lessee contravenes, any provision of any Act or Rules for the time being in force or the conditions of the lease.(2) On the basis of the inspection report under rule 9 or on noncompliance with the conditions of the lease by the lessee in any other manner, Chhattisgarh Bio-diesel Development Authority may recommend the cancellation of lease to the State Government, and the State Government may cancel the lease on the basis of this recommendation after giving an opportunity of being heard to the lessee.(3) After cancellation of the lease the possession of the lessee shall be deemed to be unauthorized possession under section 248 of the code and revenue officers shall be competent to take action against such lessee under section 248 of the code.(4) In addition to the action under section 248 of the code the lessee shall be liable to pay a penalty of Rs 10,000/- per hectare per month till the land is vacated by the lessee.(5) After the cancellation of the lease the State Government may allot the waste land to another lessee.(6) State Government may cancel the lease at any time before the completion of the lease period without assigning any reason.(7) State Government may cancel the lease before the completion of the lease period if the land is needed for some other special project.

Chapter-3RIGHTS AND LIABILITIES OF A GOVERNMENT LESSEEA Government lessee shall, subject to any express provisions in this Code, hold his land in accordance with the terms and conditions of the grant, which shall be deemed to be a grant within the meaning of the Government Grants Act, 1895 (XV of 1895).[footnoteRef:17] [17: Section 182 (1), The Code]

A Government lessee may be ejected from his land by order of a Revenue Officer on one or more of the following grounds, namely :-[footnoteRef:18] [18: Section 182(2), The Code]

(i) that he has failed to pay the rent for a period of three months from the date on which it became due; or(ii) hat he has used such land for purposes other than for which it was granted; or(iii) that the term of his lease has expired; or(iv) that he has contravened any of the terms and conditions of the grant :Proviso ClauseNo order for ejectment of a Government lessee under this sub-section shall be passed without giving him an opportunity of being heard in his defense.Sections 181 and 182 of MP Land Revenue Code 1959 and Transfer of Property Act, 1882 MP HC while determining whether Gwalior Dairy was holding lauds as a Government lessee as laid down by Section 181 of Code and could be evicted under Section 182 of Code from such holding - Held, company obtained two leases from State of Gwalior for plots of land near city. Lease of land was for one year but subsequently period was extended to 10 years. Other lands were leased out for period 25 years, on expiry of lease Collector started proceedings for taking possession of land under Section 182 of Code. Petitioner/company's leases were old existing leases and were not covered under Section 181(1) and (2) of Code - High Court in suit instituted by Petitioner/ Gwalior Dairy, held that company did not hold land in Madhya Bharat region under leases granted to it as ordinary tenant - They were not leases governed by Kanoon Mal or Kanoon Ryotwari of Gwalior State - They were leases which were governed by their own terms evidenced by indentures, clearly Gwalior Dairy did not hold land as an ordinary tenant - Gwalior Dairy under two indentures was holding lands on terms of its own and leases were not governed by Kanoon Mal or Kanoon Ryotwari of Gwalior State - Gwalior Dairy after expiry of period of leases would be tenant holding over under Act, which would govern rights of parties - Therefore Court opined that Gwalior Dairy was not a Government lessee under Section 181 of Code - Therefore summary manner to evict Company from lands adopted under Section 182 of Code would be clearly without authority of law - Petition allowed[footnoteRef:19] [19: Krishna Rao Shinde and Another vs. State of M.P. and Anothers (20.09.1980 - MPHC)]

Service land[footnoteRef:20] [20: Section 183, The Code]

(1) Any person holding land on the condition of rendering service as village servant shall cease to be entitled to such land if he diverts such land to non-agricultural purposes.(2) A transaction by which a village servant attempts to transfer his interest in his service land by sale, gift, mortgage, sub-lease or otherwise except by a sub-lease for a period not exceeding one year, shall be void.(3) If the holder of such land dies, resigns or is lawfully dismissed the land shall pass to his successor in office.(4) The right of the holder in such land shall not be attached or sold in execution of a decree nor shall a receiver be appointed to manage such land under Section 51 of the Code of Civil Procedure, 1908 (V of 1908).Disposal of service land in Sironj Region when services no longer required[footnoteRef:21] [21: Section 184, The Code]

If the Collector declares that the services rendered by a village servant in any village in the Sironj region are no longer required, such village servant shall become a bhumiswami in respect of his service land and be liable to pay land revenue accordingly.

Schedule-1{Rule 5 (1)}Application FormAllotment of land for an Integrated Project for Jatropha/Karanj Plantation and Bio-diesel processing unit to a Government Organization{Lease (Government land for Ratanjot/Karanj plantation and bio-diesel based processing unit) rules, 2006}ToThe CollectorDistrict __________We ____________________ , apply as follows for the allotment of land for an integrated Project for Jatropha/Karanj Plantation and Biodiesel processing unit: -1. Particulars of the applicant Government Organization -a. Name _________________b. Address _________________c. Telephone/Fax/Email ________________2. Category of the Government Organization _______________3. Particulars of the present business of the Government Organization______________________________________________________________________________________________________________________________________________________4. Profile of the Applicant Government Organization (Annexure)5. Particulars of the land applied (Kindly enclose certified copies of Khasra and Patwari map)6. Particulars of any other similar Project being implemented by the applicant Government Organization____________________________________________________________________________________________________________ (Add more sheets if necessary)7. Main points of the Detailed Project proposal of the applicanta. Trees selected for plantation: Jatropha/Karanjb. Type of soil of the identified landc. Availability of ground water in the identified landd. Proposed intercroppinge. Capacity of the bio-diesel unit: Tonnes/day8. Financial Particulars:a. Availability of money as per the accounts of the applicantb. Total money available for the Projectc. Proposed bank loand. Annual installment and duratione. Total Project cost9. Project management systems (As Annexure)I _____________________(Authorized signatory) solemnly affirm that all information given in this application are true. I agree to abide by all rules of the Government relating to the allotment of land, and follow all conditions imposed by the Government.SignatureDate__________ Name of the Officer Seal of Office

CONCLUSIONIt can be observed that every person who holds land from the State Government or to whom a right to occupy land is granted by the State Government or to Collector and who is not entitled to hold land as a bhumi-swami shall be called a Government lessee in respect of such land. Such a lessee has certain rights and liabilities that are mentioned under the code. The lease agreement for such a government lessee is governed by the 2006 rules. Further, if the Collector declares that the services rendered by a village servant in any village in the Sironj region are no longer required, such village servant shall become a bhumiswami in respect of his service land and be liable to pay land revenue accordingly.

REFRENCES

Bibliography

1. Preeti Sampat (2013), Limits to Absolute Power: Eminent Domain and the Right to Land in India, Economic and Political Weekly, Vol XLVIII No 19, 11 May 2013.1. Press Information Bureau, Government of India, Release ID :99066, 03 September 20132. Kumkum Sen, Land acquisition given a makeover with case law , article on business standard dated June 15, 20143. Fernandes, Walter (1998), Development--Induced Displacement in Eastern India, in S.C. Dube (ed.), Antiquity to Modernity in Tribal India, Vol 1: Continuity And Change among the Tribals, New Delhi: Inter--India Publications, pp. 217--301.2. Walter Fernandes, Rehabilitation Policy for The Displaced, Economic and Political Weekly, Vol XXXIX No 12, 20 March 2004

Webliography

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