Section 88 to 105 of Rajasthan Land Revenue Act

Concept of Land and the authority of the state on unoccupied land in Rajasthan.

1. ‘AUTHORITY OF STATE’ ON ‘LAND OTHER THAN AGRICULTURAL LAND’ BY: ADITYA BHATNAGAR 17RU11001

2. TABLE OF CONTENT CONCEPT OF LAND RAJASTHAN LAND REVENUE ACT, 1956 CONCEPT OF LAND UNDER RLRA, 1956 SECTION 88 OF RLRA, 1956 SECTION 89 OF RLRA, 1956 SECTION 90 OF RLRA, 1956 SECTION 90A OF RLRA, 1956 SECTION 91 OF RLRA, 1956 SECTION 92 OF RLRA, 1956 SECTION 93 OF RLRA, 1956 SECTION 100 OF RLRA, 1956 SECTION 101 OF RLRA, 1956 SECTION 102 OF RLRA, 1956 SECTION 102-A OF RLRA, 1956 SECTION 103 OF RLRA, 1956 SECTION 104 OF RLRA, 1956 SECTION 105 OF RLRA, 1956

3. CONCEPT OF LAND

4. CONCEPT OF LAND

5. Rajasthan Land Revenue Act, 1956 Use of Land in ‘ Rajasthan Land Revenue Act, 1956 ’ : Rajasthan Land Revenue Act, 1956’ deals with all grades of revenue courts and offices, their powers and procedure, land and its use , survey, control and settlement operations, partition of estates collection of revenue and other miscellaneous matters in the state of Rajasthan.

6. CONCEPT OF LAND UNDER RLRA, 1956 Now pertaining to the current topic there are two ways how a state deals with an unoccupied land: If agricultural land, will be dealt under “ The Rajasthan Land Revenue (Allotment of Unoccupied Government Agricultural Lands for The Construction of Schools, Colleges, Dispensaries, Dharamshalas & Other Buildings of Public Utility) Rules, 1963” with the powers confide by “ Section 102 of the Rajasthan Land Revenue Act, 1956” . If other than agricultural land, will be dealt under “Rajasthan Land Revenue Act, 1956 (Sections 88 to 105 )”. With purview of the current topic, we will discuss Chapter 6 of the Act ‘ Concept of Land and its uses’ and the Sections to be discussed are Sections 88 to section 105 of “ The Rajasthan Land Revenue Act, 1956.

7. SECTION 88 OF RLRA, 1956 Section-88: All roads etc. and all land which are not the property of others belong to the State - All public roads, lanes paths, bridges and ditches; all fences on or beside the all rivers, streams, lakes and tanks, all canals and watercourses, all standing and flowing water, and all lands wherever situated, the property of the state. Collector may dispose off the property subject the order of the commissioner In case of dispute, collector has right to pass order deciding claim after inquiry No suit can be brought after 1 year of passing an order under Sec. 92 (1), etc. If inquiry made, every person deemed to have had notice of inquiry Order passed under Sub-sec (1),(2) shall be enforceable by collector

8. SECTION 89 OF RLRA, 1956 Section-89: Right to minerals, mines, quarries and Fisheries – Right to all minerals, mines and quarries and to all fisheries, navigation and irrigation in and form, a river vest with the State Government Right to access and occupy other land for purposes like erection of offices, workmen's dwelling and machinery, etc. If land assigned to a person, the right and the powers to above delegated to such person by collector

9. SECTION 89 OF RLRA, 1956 (CONT.) Section-89: Right to minerals, mines, quarries and Fisheries – Any person may claim compensation if is infringed by the disturbance caused by govt. on such land In the above case, no assignee of the govt. shall enter the land without paying compensation If failed to pay compensation, collector may as arrear of land revenue Any person who without lawful authority extracts or moves minerals from any minor or quarry is liable on collector’s order to pay a penalty not exceeding a sum calculated at the rate of 50 Rs . Per tone, or a fraction thereof, of the mineral so extracted or removed. In the cases where the sum so calculated is less than 1000 Rs ., the penalty of a larger amount not exceeding 1000 Rs . May be imposed by the collector . “minerals” includes sand or clay having commercial value or used for any public purpose.

10. SECTION 90 OF RLRA, 1956 Section-90: Liability of all Land to Payment of Revenue or Rent – All land to whatever purpose applied and wherever situated liable to the payment of revenue or rent to the state govt. No length of occupation of any land nor any grant of land made by an estate-holder shall release such land from the liability to pay revenue or rent. State govt. may exempt any land from the liability of such payment by a special grant or contract, etc. Revenue/rent assessed on all land notwithstanding such revenue or rent may not be payable to state govt. being assigned released, compounded for or redeemed.

11. SECTION 90A OF RLRA, 1956 Section-90A: Use of Agricultural land for Non-Agricultural Purposes – No agricultural land can be used for the construction of building, or for any other purpose except with the written permission of the state. If a person want to use agricultural land for any other purpose, requisite permission in prescribed manner from the prescribed officer shall be taken State govt. after due inquiry may refuse or accept such request for permission If such permission is granted to a person, such person is liable to pay state govt.: An urban assessment in accordance with the manner laid down by state govt. Premium as may be prescribed by the state govt. or Both

12. SECTION 90A OF RLRA, 1956 (CONT.) Section-90A: Use of Agricultural land for Non-Agricultural Purposes – if any such land is used: Without the permission of the state govt. Outside the scope of the permission granted After permission being refused under sub-sec. (3) Without making payments under sub-sec. (4) Such person is deemed to be trespasser, liable to ejectment from such land in accordance with s.91 of the Act . Provided the person may use the land on payment to the state govt., with the premium and assessment under sub-sec (4) and fine as penalty (5A) – Land may be used without permission if prescribed by the state govt. When such permission sough for an urban area, it shall only be granted if the desired non-agricultural purpose is in accordance with the law of the area, master plan, development plan, etc.

13. SECTION 90A OF RLRA, 1956 (CONT.) Section-90A: Use of Agricultural land for Non-Agricultural Purposes – When permission granted for an urban area: Tenancy right over such land shall stand extinguished Land, at the disposal of the local authority under Sec. 102-A shall be allotted to the person to whom permission granted for non-agricultural purpose If a person, holding a land in an urban area for agricultural purpose is using the land or a part for non-agricultural purposes, the rights of such person shall be terminated and the rights of such land shall vest with the state govt. and will be at the disposal of the local authority under Sec. 102-A. Provided this will not apply to land belonging to deity, Devasthan Department, wakf , etc. If a proceeding under the stated acts are pending, no such order or proceeding shall be initiated An aggrieved person may appeal within 30 days from the date of such order to the rank of Collector and above, who shall dispose off such appeal within 60 days from the date of its presentation, and if is unable to do so, shall record reasons therefore. This order will be final

14. SECTION 91 OF RLRA, 1956 Section-91: Unauthorised Occupation of Land – Any person who occupies the land without lawful authority is a trespasser and may be evicted by the Tehsildar . Any crop, building, or other construction if not removed within reasonable time can be disposed off by the Tehsildar , or in other cases as Collector directs. Provided, Tehsildar may in lieu of forfeiture of such building, order the demolition of land For each agricultural year the trespasser has occupied, such unauthorized land, he is liable to penalty up to fifty times the annual rent/assessment. Or in case of subsequent trespass, he shall be liable to civil prison for a max. term of three month and also to pay penalty as above. Account may be recovered as an arrear.

15. SECTION 91 OF RLRA, 1956 (CONT.) Section-91: Unauthorised Occupation of Land – If such person committed to civil prison, satisfies Tehsildar that he intents to present an appeal, Tehsildar may order to release him for a sufficient time to present an appeal and obtain stay order from the Appellate Court and such order shall, so long as he is so released on bond, be deemed to be suspended . (3-A) – Before proceeding under Sub-sec. (2), Tehsildar shall serve a notice to the person occupying such land without lawful authority, stating either to vacate or to appear and show why he should not be evicted therefrom. In cases where The trespasser neither vacate nor appear in response to the notice, or Makes a representation that is rejected after inquiry The Tehsildar shall order the removal of trespasser from such land or may depute a person to remove him, and if opposed, Tehsildar shall apply to Magistrate and enforce the surrender of land to him

16. SECTION 91 OF RLRA, 1956 (CONT.) Section-91: Unauthorised Occupation of Land – If land belong to the category specified in clause (ii) of proviso to Sec. 97, Tehsildar may, with the approval of Sub-D i visional Officer, sell it to the trespasser, upon his payment of the premium fixed under Sec 96 and the penalty of unlawful occupation Notwithstanding anything in Sub-sec. (2) – Whoever has occupied such land unlawfully, or has occupied before the coming the RLR Amendment Act, 1992, fails to vacate within 15 days from the date of notice by Tehsildar , upon conviction shall be punished with Simple Imprisonment (SI) between 1 month to 3 years or fine up to Rs . 20000/- Employer of the state govt. entrusted to prevent such offence if willfully neglects or omits to prevent such offence shall be punished with SI up to 1 month or with fine up to Rs . 1000/- or both Provided, in offence under clause (a), for any special reasons, the court may impose a sentence for a term less than one month Also that no investigation under clause (a) shall be made by an officer below the rank of the Deputy Superintendent of Police Further that no court shall take cognizance of offence under clause (b) except with the previous sanction of the Collector

17. SECTION 92 OF RLRA, 1956

18. SECTION 93 OF RLRA, 1956

19. SECTION 100 OF RLRA, 1956

20. SECTION 101 OF RLRA, 1956 Section-101: Allotment of land for Agricultural Purposes – Unoccupied land for agricultural purpose can be allotted to persons by state govt. All allotment shall be subjected to payment of rent fixed according to custom or usage or law Omitted Allotment can be made to more than one person: To co-sharers if the land forms a part of a compact block or is irrigated from same s ource, preference being given to co-sharer having less land than the area prescribed by rules under Rajasthan Tenancy Act, 1955 to person residing in the village in which the land is situated, preference is given to persons having no land or less land then the area prescribed under the said rules By drawing lots Provided that the area held by him does not exceed the are prescribed by said rules

21. SECTION 102 OF RLRA, 1956

22. SECTION 102-A OF RLRA, 1956

23. SECTION 103 OF RLRA, 1956 Section-103: Land and abadi defined for Purposes of Chapter VI – Or the purpose of this Chapter, unless stated otherwise: “Land” means: As defined in Sec. 5 (24) of the Rajasthan Tenancy Act, 1955 Land acquired under Rajasthan Land Acquisition Act, 1953 for govt. or local authority or an educational institute while remaining their property Land surveyed or recorded, before or after the commencement of this act or during any proceeding, as belonging to the govt. or local authority, used for public purpose like roads, etc. Land surveyed/recorded for the use of community such as gocher , cremation ground or graveyard Land in possession of state govt./local authority obtained through transfer Nazul land as defined in clause (iv) of section 3, and Land within abadi area under local authority or land reserved for special purposes under sec. 92, & includes benefit o arise cut of such land and things attached to the earth or permanently fastened to anything attached to the earth “ abadi ”/” abadi area”/” abadi land” means populated area of village, town or city & includes site of such lands set apart under sec. 92 for development of abadi therin for building purposes whether a building has been constructed or not.

24. SECTION 104 OF RLRA, 1956 Section-104: Cases in which powers of Revenue Officers may be exercised by Local Authorities – Where any Nazul land/land in abadi /any land set apart for free pasturage of cattle/development of abadi /other public or Municipal purposes has been placed at the disposal of the local authority under Sec. 102-A, the power of Collector/other revenue officer under Sec. 97 or 98 shall be exercised exclusively by the local authority concerned in accordance with rules made by the State Government in this behalf.

25. SECTION 105 OF RLRA, 1956