40d95Land Laws 14

4
Acquisition of land: Land Acquisition” literally means the acquisition of land for some public purpose by a government agency from individual landowners, as authorised by the law, after paying a government-fixed compensation to cover losses incurred by landowners from surrendering their land to the concerned government agency. Land Acquisition in India refers to the process of land acquisition by the central or state government of India for various infrastructure and economic growth initiatives. Several controversies have arisen with claims that land owners have not been adequately compensated. Land acquisition in India is governed by The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which came into force from 1 January 2014.[1] Till 2013, land acquisition in India was governed by Land Acquisition Act of 1894. On 31 December 2014, the new government in India passed an ordinance with an official mandate to "meet the twin objectives of farmer welfare; along with expeditiously meeting the strategic and developmental needs of the country". The government passed Land Acquisition Amendment Bill in Lok Sabha on 10 March 2015. Requisition: Property that is involuntarily seized by a governmental authority for any reason. Requisitioned property can be taken for a number of reasons relating to furtherance of the public good. It can be of any type, including real estate, vehicles, machinery, office equipment or even personal property. Requisitioned property can be treated as an involuntary conversion. Property sold under the threat of requisition can also be treated as a conversion if the threat is believed to be genuine and imminent. However, the threat of requisition must be confirmed by an actual governmental official and cannot be derived solely from a public announcement. In most cases, the requisition will be presented as a formal written demand.

description

land laws

Transcript of 40d95Land Laws 14

Acquisition of land: Land Acquisition literally means the acquisition of land for some public purpose by a government agency from individual landowners, as authorised by the law, after paying a government-fixed compensation to cover losses incurred by landowners from surrendering their land to the concerned government agency. Land Acquisition in India refers to the process of land acquisition by the central or state government of India for various infrastructure and economic growth initiatives. Several controversies have arisen with claims that land owners have not been adequately compensated.Land acquisition in India is governed by The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which came into force from 1 January 2014.[1] Till 2013, land acquisition in India was governed by Land Acquisition Act of 1894. On 31 December 2014, the new government in India passed an ordinance with an official mandate to "meet the twin objectives of farmer welfare; along with expeditiously meeting the strategic and developmental needs of the country". The government passed Land Acquisition Amendment Bill in Lok Sabha on 10 March 2015.

Requisition: Property that is involuntarily seized by a governmental authority for any reason. Requisitioned property can be taken for a number of reasons relating to furtherance of the public good. It can be of any type, including real estate, vehicles, machinery, office equipment or even personal property.Requisitioned property can be treated as an involuntary conversion. Property sold under the threat of requisition can also be treated as a conversion if the threat is believed to be genuine and imminent. However, the threat of requisition must be confirmed by an actual governmental official and cannot be derived solely from a public announcement. In most cases, the requisition will be presented as a formal written demand.

Deprivation of property: Deprivation involving transfer of property Measures whose purpose is direct dispossession of the owner constitute deprivation. This applies to expropriation63 and nationalisation,which involve the direct transfer of a property title to a public body or another private individual. In the James and Others case, it was decided that a law which obliged an owner to sell his property (the freehold) by giving the leaseholder right of purchase was a measure involving deprivation of property. In another case, it also found that a redistribution, or reparcelling, of property deprived the applicants of their possessions In the Poiss case, on the other hand, the Commission and Court did not consider that the applicants had been definitively deprived of their possessions, since the transfer carried out was provisional. Temporary dispossession cannot be regarded as deprivation, but constitutes control of the use of property, as established in the Handyside case.

Procedure for recovery of arrears of land revenue:Recovery of public demands by enforcement other district of process in than those in which they become payable -(1) Where an arrear of land-revenue, or a sum recoverable as an arrear of land-revenue, is payable to a Collector by a defaulter being or having property in a district other than that in which the arrear accrued or the sum is payable, the Collector may send to the collector of that other district a certificate in the form as nearly as may be of the schedule stating-(a) the name of the defaulter and such other particulars as may be necessary for his identification, and(b) the amount payable by him and the account on which it is due.(2) The certificate shall be signed by the Collector making it, [or by any office to whom such Collector may by order in writing delegate this duty] and save as otherwise provided by this Act, shall be conclusive proof of the matters therein stated.(3) The Collector of the other district shall on receiving the certificate proceed to recover the amount stated therein as if it were an arrear of land revenue which had accrued in his own district.

Procedure for mutation on the grounds of Succession:Mutation refers to recording in the revenue records of transfer of title of the property from one person to another. The mutation in the municipal records is required for the purpose of payment of property taxes and it does not mean a legal title in the name of the person in whose name the property has been mutated in the municipal records.The documents required include making an application to the Tahsildar on a plain paper, along with Nonjudicial stamp of relevant value containing information about the name of the area in which the right has been acquired, the description of the right acquired, the name, parentage, caste and residence of the person from whom the right has been acquired, the manner in which the right has been acquired, the name, parentage, caste and residence of the person who has acquired the right, the date on which the right was acquired and a copy of document on the basis of which the mutation is sought e.g. Sale Deed, Will etc.A proclamation is issued inviting objections to the proposed mutation and specifying the date, not less than fifteen days from the date of the proclamation, up to which any objection to the mutation will be entertained. The Patwari submits his report in prescribed format.The statement of parties is recorded. The contents of the documents are matched with the recorded statements. In case no objection against the proposed mutation is received, the same is sanctioned. In case any objection is received against the mutation, matter is referred to the SDM of the area. Any party aggrieved by an order of mutation may file an appeal before the Additional Collector (the concerned Deputy Commissioner) within 30 days of the order. List of documents required for Mutation are as follows In case of Death - Death Certificate, Copy of Will or Succession Certificate, Indemnity Bond on Stamp Paper of requisite value, Affidavit on Stamp Paper of requisite value duly attested by Notary, Clearance of up to-date Property tax.