The Delhi Land Revenue Act, 1954

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The Delhi Land Revenue Act, 1954

The Delhi Land Revenue Act, 1954

1. Introduction

§1.IntroductionTHE DELHI LAND REVENUE ACT, 1954

INTRODUCTION

HISTORY OF LEGISLATION

One of the external aids to construction is the historyof the legislation.Regard must be had not only to the words used in the statute but alsoto thehistory of the legislation and reasons which led to its framing andpromulgation;and to the mischief which had to be cured as well as the cureprovided.

[Commissionerof Income Tax v. Shambulal Nathalal & Co., (1985) 23 Taxman 93(Karn.) F.B.]

BILL

A Bill is the draftof an Act of Parliament. It may be cited either byreference to the number and yearthereof or by reference to the short titleconferred thereon. Number and year of the Billnormally precede to its shorttitle.. "Statement of Objects and Reasons" isalways appended thereto.

[Jammuna Prasad v. Kishori Lal,AIR 1973 Cal. 204 (F.B.)]

Statement of Objects andReasons for introducing a Bill can only be referred tofor the limited purpose ofascertaining the circumstances which actuated thesponsor of the Bill to introduceit and the purpose for doing so.

[A.C. Sharma v. DelhiAdministration, AIR 1973 S.C. 913 (F.B.)]

Statement of Objects and Reasons mayand do furnish valuable and evenhistorical material in ascertaining the reasons whichinduced the legislatureto enact the statute but while interpreting the statute they mustbe ignored.


[Haribandu Das v. DistrictMagistrate, Cuttack, AIR 1968 Ori. 148].

It can be looked into forascertaining intention of the legislature.

[Rashid Khan v. Osman Khan, 1980Mah. LJ 428.]

ACT NO.12 OF 1954

The Bill received theassent of the President on 13th December, 1954 and soonthereafter became an Act ofParliament under the short title "THE DELHI LANDREVENUE ACT, 1954."

INTRODUCTORY NOTES

The purpose of theDelhi Land Revenue Act, 1954, is two-fold, namely (1) toconsolidate and (2) toamend. Its subject matter concerns firstly, land revenueand secondly, jurisdiction ofRevenue Officers within the State of Delhi. Thecorpus of law relating to the subjectmatter abovestated previous to this pieceof legislation was contained in the followingacts, viz.

(i)The PUNJAB LAND REVENUE ACT, 1887, and

(ii) The U.P. LAND REVENUE ACT, 1901.

After independence changes in theagrarian structure may be broadly bifurcatedinto two types. To the first type belongthose changes in agrarian relationswhich occur in an indirect manner in response to thespontaneous operations ofsocio-economic progress. For example, the emergence of businesstenaney"s, orinduced changes in agricultural technology and so on and so forth. Thesecondtype of changes are those which are brought about as a result of directinterventionin the agrarian structure. This direct intervention may assume theform of land legislationand its implementation by Governmental agencies. TheDelhi Land Revenue Act represents apart in series of structural changesattempted by the Government of India within the realmof institutionalframework.

2. Preamble

§2.PreamblePreamble

An Act to consolidate and amend the law relating to land revenue and


jurisdictionof Revenue Officers in the State of Delhi.

WHEREAS it is expedient to consolidate and amend the law relating to landrevenue andjurisdiction of Revenue Officers in the State of Delhi.

IT IS hereby enacted as follows: -

3. Short, extent and commencement.

§3.Short, extent and commencement.1. Title, extent andcommencement - (1) This Act may be calledthe Delhi LandRevenue Act, 1954.

(2) It extends to the whole of the Unionterritory of Delhi, except any areaspecified in Sub-sec. (2) of Section 1 of the DelhiLand Reforms Act, 1954.

(3) It shall come into force on such date asthe Chief Commissioner may, bynotification of the Official Gazette, appoint.

4. Repeal and savings.

§4.Repeal and savings.2. Repeal and savings - (1) The following Acts, in so far asthey apply toareas to which this Act applies, are hereby repealed: -

(i) The Punjab Land Revenue Act,1887

(ii) The U.P. Land Revenue Act, 1901.

(iii) So much of any other law or of anyrule having the force of law for thetime being in force as is inconsistent with theprovisions of this Act.

(2) Notwithstanding such repeal, all rules, appointments,assessments,partitions and transfers made, notifications, proclamations and ordersissued,authorities and powers conferred, farms granted, record-of-rights andotherrecords framed, rights acquired, liabilities incurred, rents fixed,places and timesappointed and other things done, under any of the enactmentshereby repealed shall, in sofar as they are not inconsistent with theprovisions of this Act, be deemed to have beenrespectively made, issued,conferred granted, framed, acquired, incurred fixed, appointedand done underthis Act.


(3) Anyenactment or document referring to any enactment hereby repealed shallbe construed torefer to this Act or to the corresponding portions thereof.

5. Definitions.

§5.Definitions.3. Definitions- In this Act,unless the context otherwise requires, -

(1) "ChiefCommissioner" means the Chief Commissioner of the [(Note: Subs. byA.O. (No.5)1957 for the words "State of Delhi") Union territory of Delhi];

(2) "DeputyCommissioner" means the Collector:

(3) "Minor" meansa person who, under Section 3 of the Indian Majority Act,1875, has not attained hismajority;

(4) "Prescribed"means prescribed by rules made under this Act;

(5) "Revenue"means land revenue;

(6) "Revenuecourt" means all or any of the following authorities, that is tosay, the ChiefCommissioner, the Deputy Commissioner, Additional Collector,Revenue Assistant, AssistantCollector, Settlement Officer, AssistantSettlement Officer, Record Officer, AssistantRecord Officer and Tehsildar;

(7) "Revenue-free", when applied to land means land whereofthe revenue haseither wholly or in part been released, compounded for, redeemed orassigned;

(8) "RevenueOfficer" means any officer employed under this Act in preparing ormaintainingrevenue records, or in connection with work in relation to landrevenue;

(9) "Settlement"means settlement of the land revenue;

(10) Words and expressionagriculture year, Asami, Bhumidhar, cess, charitablepurposes, estate, GaonSabha,holding, land, rent, village or any otherexpressions, not defined in this Act and used inthe Delhi Land Reforms Act,1954, shall have the meaning assigned to them in the DelhiLand Reforms Act,1954.

6. Controlling powers of Chief Commissioner.


§6.Controlling powers of Chief Commissioner.4. Controlling powers of ChiefCommissioner- The control of all judicial andnon-judicial matters connected with theland revenue in the Union territory,including matters connected with settlement, isvested in the ChiefCommissioner.

7. Appointment of Additional Collectors.

§7.Appointment of Additional Collectors.5. Appointmentof Additional Collectors.- The Chief Commissioner may appoint anofficer serving underthe Government of the Union territory as an AdditionalCollector.

8. Powers and duties of an Additional Collector.

§8.Powers and duties of an Additional Collector.6. Powersand duties of an Additional Collector - (1) An Additional Collectorshall exercise suchpowers such duties of the Deputy Commissioner in such casesor classes of cases ad theChief Commissioner or, in the absence of order fromthe Chief Commissioner, the DeputyCommissioner may direct.

(2) This Act and every other law for the time being applicable to aDeputyCommissioner shall apply to every Additional Collector, when exercising anypowersor discharging any duties under Sub-section (1), as if he were theDeputy Commissioner ofthe [(Note: Subs. by A.O. (No.5) 1957 for the words"State") Unionterritory].

9. Assistant Collector or Revenue Assistant.

§9.Assistant Collector or Revenue Assistant.7. Assistant Collector or Revenue Assistant - (1) The Chief Commissioner mayappoint applyas many other persons as he thinks fit to be Revenue Assistantsor Assistant Collectors.

(2) AllRevenue Assistants or Assistant Collectors and all other RevenueOfficers in the [(Note:Subs. by A.O. (No.5) 1957 for the words "State") Unionterritory] shall besubordinate to the Deputy Commissioner and shall exerciseall the powers and discharge allthe duties conferred and imposed upon them byor under this Act or any other law for thetime being in force, subject to thecontrol of the Deputy Commissioner.


10. Tahsildars and Naib-Tahsildars.

§10.Tahsildars and Naib-Tahsildars.8. Tehsildars and Naib-Tehsildars - The Chief Commissioner may appoint as manyperson as he thinks fit tobe Tehsildars and Naib-Tehsildars.

11. Subordination of Revenue Officers.

§11.Subordination of Revenue Officers.9. Subordinationof Revenue Officers - Subject to the general control of theDeputy Commissioner, everyRevenue Officer of a tehsil shall be subordinate tothe Revenue Assistant.

12. Ceration or alteration of the limits of Tahsiland Sub-Division.

§12.Ceration or alteration of the limits of Tahsil and Sub-Division.10. Creationor alteration of the limits of Tehsil and Sub-Division The ChiefCommissionermay create a new tehsil or alter the limits of an existing tehsil.

Provided that if moretehsils than one are created, each tehsil shall form intoa sub-division and may, ifnecessary, be placed under a separate RevenueAssistant.

13. Deputy Commissioner in case of temporaryvacancy.

§13.Deputy Commissioner in case of temporary vacancy.11. Deputy Commissioner in case of temporaryvacancy - If the DeputyCommissionerdies or is disabled from performing his duties, the officer whosucceeds temporarily tothe Chief Executive Administration in revenue mattersshall be deemed to be the DeputyCommissioner under this Act until a successoris appointed.

COMMENTS

The hierarchy of officials created by the DELHI LAND REVENUE ACT, 1954 mayberepresented by the following diagram.


The Chief Commissioner is the most powerful post and the head ofRevenueOrganisation,as well as Sections 4 of 15 of the Act make the positionof the Cheif Commissionervis-a-vis other officials in the Hierarchy in areasrelating to power very explicit. TheChief Commissioner has the power toappoint as many as he thinks fit, Tahsildars,Naib-Tahsildars and AssistantCollectors. He may also has the capacity to alter and toform Patwaris" halkasand no alteration by the Patwari of the Halkas shall be final unlesssanctionedby the Chief Commissioner. He has the power and the power to delegatetheappointment of Patwaris and Kanungos, to Deputy Commissioner or a revenueassistant.

14. Power of form and alter Patwaris" halkas.

§14.Power of form and alter Patwaris" halkas.12. Powerto form and alter Patwaris’ halka- The "Deputy Commissioner" may,withthe previous sanction of the Chief Commissioner, arrange the villages ofthe [(Note:Subs. by A.O. (No.5) 1957 for the words "State") Union territory]inPatwaris’ halkas, any may from time to time, after the number and limits ofsuch halkas; but no such arrangement or alteration shall be final unless anduntil it has beensanctioned by the Chief Commissioner.

15. Appointment etc. of Patwaris.

§15.Appointment etc. of Patwaris.13. Appointment etc.of Patwaris. - The Deputy Commissioner or a RevenueAssistant, duly empowered in thisbehalf by the Chief Commissioner, shallappoint a Patwari to each halka, and may, subjectto the rules made underSection 84, order the transfer, removal, dismissal or any otherpunishment ofPatwaris.

16. Appointment of Kanungos.

§16.Appointment of Kanungos.14. Appointment of Kanungos - One or more Kanungos may, subject to rules madeunder Section 84, beappointed for the proper supervision, maintenance andcorrection of the annual registerand for such other duties as the ChiefCommissioner may, from time to time, specify.

17. Patwaris and Kanungos to be public servants, and


their records public records.

§17.Patwaris and Kanungos to be public servants, and their records publicrecords.15. Patwaris and Kanungos tobe public servants, and their records publicrecords- Every Patwari and Kanungo, andevery person appointed temporarily todischarge and duties of any such office, shall bedeemed to be public servantwithin the meaning of Section 21 of the Indian Penal Code, andall officialrecords and documents kept by any such officer shall be held to bepublicrecords and the property to the Government.

18. Maintenance of map and field book.

§18.Maintenance of map and field book.16. Maintenanceof map and field book- The Deputy Commissioner, shall, inaccordance with rules madeunder Section 84, maintain a map and field-book ofeach village, and shall cause annually,or at such longer intervals as theChief Commissioner may prescribe, to be recordedtherein all changes in theboundaries of each village or field and shall correct anyerrors which areshown to have been made in such map or field-book.

19. Obligations of Bhumidhars and Gaon Sabha as toboundary marks.

§19.Obligations of Bhumidhars and Gaon Sabha as to boundary marks.17. Obligation of Bhumidhars and Gaon Sabhas as to boundary marks - (1) Itshall be the dutyof every Bhumidhar to maintain and keep in repair at his owncost the permanent boundarymarks lawfully erected on his fields.

(2) It shall be the duty of the Gaon Sabha to maintain and keep in repairatits own cost the permanent boundary marks lawfully erected on his fields..

(3) The Deputy Commissioner may at any time order a Bhumidhar or aGaon Sabha,as the case may be,-

(a) To erect proper boundary marks on such fields or villages;

(b) To repair or renew in such form and nature as may be prescribedallboundary marks lawfully erected thereon .

Ifsuch order is not complied with, within 30 days from the communication


thereof, the DeputyCommissioner shall causes boundary remarks to be erected,repaired or renewed and shallrecover the charges incurred from the Bhumidharor the Gaon Sabha concerned in suchproportion as he thinks fit.

20. Penalty for injury to, or removal of marks.

§20.Penalty for injury to, or removal of marks.18. Penaltyfor injury to, or removal of marks- The Deputy Commissioner mayorder any person foundto be guilty before him or willfully erasing, removingor damaging a boundary or surveymark to pay such sum, not exceeding fiftyrupees, for each mark so erased, removed ordamaged as may be necessary torestore it, and to reward, if necessary, the person throughwhom theinformation was obtained. When such sum cannot be recovered, or if theoffendercannot be discovered, the Deputy Commissioner shall restore the markand recover the costthereof from such of the Bhumidhars of Gaon Sabhas of co-terminous fields or villages, asthe case may be, as he thinks fit.

21. List of villages.

§21.List of villages.19. Listof villages- The Deputy Commissioner shall cause to be prepared andmaintained in theprescribed form a list of all villagers and shall showtherein in the prescribed mannerthe areas-

(a) Liable to fluvial action,

(b) Having precarious cultivation, and

(c) The revenue whereof has either wholly or in part been released,compounded,redeemed or assigned.

Such lists shall be revisedevery five years in accordance with the rulesframed in that behalf.

22. Record of rights.

§22.Record of rights.20. Recordof rights - (1) There shall be a record-of-rights for each villagesubject to suchexceptions as may be prescribed.

(2) The record-of-rights shall consist of a register of all personscultivating


or otherwise occupying land specifying the particulars required by Section 40.

23. The Annual Register.

§23.The Annual Register.21. TheAnnual Register - (1) The Deputy Commissioner shall maintain therecord-ofrights, and for that purpose shall annually, or at such longerintervals as the ChiefCommissioner may direct, causes to be prepared anamended register mentioned in Section20; and the register so prepared shall becalled the Annual Register.

(2) The Deputy Commissioner shall cause to be recorded in the AnnualRegisterall changes that may take place and any transaction they may affect any oftherights or interests recorded, and shall therein correct any errors provedto have beenmade in the record-of-rights or in any annual Register previouslyprepared.

(3) No such change or transaction shall be recorded without the orderof theDeputy Commissioner, Revenue Assistant or, as hereinafter provided, oftheTehsildar or any other Court as constituted under any law for the timebeing in force.

24. Report of succession or transfer or possession.

§24.Report of succession or transfer or possession.22. Reportof succession or transfer of possession- (1) Every personobtainingpossession on admission by the Gaon Sabha as Bhumindhar or Asami orbysuccession or by transfer other than a lease permitted under the DelhiLandReforms Act, 1954, of any land in a village which is required to berecorded inthe register specified in Section 20 shall report such admission,succession ortransfer to the Tehsildar.

(2) In the case of anyadmission by the Gaon Sabha as Bhumidhar or Asami or ofa succession ortransfer, other than a lease permitted under Delhi Land ReformsAct, 1954, thereport shall be made immediately after it has taken place.

(3) In the case of leasepermitted under the Delhi Land Reforms Act, 1954, thereport shall be made bylessor immediately after the lease has been deliveredpossession there under.

(4) If the person sosucceeding, or otherwise obtaining possession, or, in thecase of a lease, thelessor is a minor or otherwise disqualified, the guardian


or other person whohas charge of his property shall make the report requiredby this section,

(5) No revenue court shallentertain a suit or application by the person sosucceeding or otherwiseobtaining possession or, in the case of a lease, by thelessor until such personhas made the report required by this section.

Explanation- The word transfer includes-

(i) A family settlement by which the holding orpart of the holding recorded inthe record-of ?rights in the name of one ormore members of that family isdeclared to belong to another or other member, or

(ii) An exchange of holding under Section 40 ofthe Delhi Land Reforms Act,1954.

25. Procedure on report.

§25.Procedure on report.23. Procedureon report The Tehsildar, on receiving such report or upon thefacts otherwisecoming to his knowledge, shall make such inquiry as appearsnecessary and in undisputedcases, if the succession or transfer appears tohave taken place, shall direct the Patwariof the halka to record the same inthe Annual Register, if the succession or transfer isdisputed or the Tehsildarfinds that it is in contravention of the provisions of the DelhiLand ReformsAct, 1954, he shall refer the case to the Revenue Assistant, who shalldecideit after such inquiry as may be prescribed and where necessary, directthe Annual Registerto be amended accordingly.

26. Powers to prescribe fees for mutation.

§26.Powers to prescribe fees for mutation.24. Powers toprescribe fees for mutation- (1) The Chief Commissioner mayprescribe proper fees formutations in the register.

Provided that no feefor a single mutation shall exceed rupees five.

(2) Such fees shall be levied from the person in whose favour themutation ismade.

27. Fine for neglect to report.


§27.Fine for neglect to report.25. Finefor neglect to report - Any person neglecting to make the reportrequired by Section 22within three months from the date of obtaining ofdelivery of possession, as the case maybe, under a lease or other transfer, orfrom the date of succession, shall be liable to afine not exceeding five timesthe amount of the fee which would otherwise have beenpayable under Section 24,or, when no fee is payable, not exceeding such amount as theChief Commissionermay prescribe.

28. Correction of mistake of error in AnnualRegister.

§28.Correction of mistake of error in Annual Register.26. Correction ofmistake or error in Annual Register - The Deputy Commissionermay, on his own motionand, shall, on the application of any person, correctany mistake or error in the AnnualRegister.

29. Settlement of disputes as to entries in AnnualRegister.

§29.Settlement of disputes as to entries in Annual Register.27.Settlement of disputes as to entries in Annual Register - (1) Alldisputesregarding entries in the Annual Register based on the question whethera particular areaof land is held and occupied for a public purposes or a workof public utility shall bereferred to the Deputy Commissioner, who shalldirect the party concerned to obtain adeclaration of the Chief Commissionerunder Sub-section (4) of Section of 1 of the DelhiLand Reforms Act, 1954.

(2) All other disputes regarding entries in the Annual Register shallbedecided by the Tehsildar on the basis of possession.

(3) If in the course of an inquiry into a dispute under Sub-section(2), theTehsildar is unable to satisfy himself as to which party is in possession,heshall ascertain by summary inquiry who is the person best entitled to theland, and shallput such person in possession.

(4) No order as to possession passed under this section shall debarand personfrom establishing his right to the land in any civil or revenue Courthavingjurisdiction.

Explanation Theterm ‘possession’ in this section means possession based on


admission,succession, transfer or lease referred to in Section 22.

30. Settlement of boundary disputes.

§30.Settlement of boundary disputes.28. Settlementof boundary disputes- (1) All disputes regarding boundariesshall be decided by theDeputy Commissioner, as far as possible, on the basisof existing survey maps, but if thisis not possible, the boundaries shall befixed on the basis of actual possession.

(2) If in the course of any inquiry into a dispute under thissection, theDeputy Commissioner is unable to satisfy himself as to which party isinpossession, or if it is shown that possession has been obtained by wrongfuldispossessionof the lawful occupants of the property within a period of threemonths previous to thecommencement of the inquiry, the Deputy Commissioner, -

(a) In the first case, shall ascertain by summary inquiry who is thepersonbest entitled to the property, and shall put such person in possession; and

(b) In the second case, shall put the person so dispossessed inpossession andshall then fix the boundary accordingly.

31. Procedure when rent or revenue payable isdisputed.

§31.Procedure when rent or revenue payable is disputed.29. Procedurewhen rent or revenue payable is disputed- In case of any disputeregarding the revenueor rent payable by a Bhumidhar or Asami, the DeputyCommissioner shall not decide thedispute, but shall record as payable for theyear to which the Annual Register refers therevenue or rent payable for theprevious years unless it has been enhanced or abated anorder or agreementunder this Act or the Delhi Land Reforms Act, 1954.

32. Entries in the Annual Register to be presumed tobe true.

§32.Entries in the Annual Register to be presumed to be true.30. Entriesin the Annual Register to be presumed to be true. - All entries inthe Annual Registershall, until the contrary is proved, be presumed to betrue.


33. Obligation to furnish information necessary forthe preparation of records.

§33.Obligation to furnish information necessary for the preparation ofrecords.31. Obligationto furnish information necessary for the preparation of records-Any person, whoserights, interests or liabilities are required by anyenactment for the time being in forceor by any rule made under any suchenactment to be entered in any official register by aKanungo or Patwari, shallbe bound to furnish, on the requisition of the Kanungo orPatwari or of anyRevenue Officer engaged in compiling the register, all informationnecessaryfor the correct compilation thereof.

34. Inspection of records.

§34.Inspection of records.32. Inspectionof records - All maps, field-books, lists and registers keptunder this Act shall beopen to public inspection at such hours and on suchconditions as to fees or otherwise asthe Chief Commissioner may prescribe.

35. Notification of record operations and itseffect.

§35.Notification of record operations and its effect.33. Notificationof record operations and its effect - If the ChiefCommissioner considers that, in thewhole or part of the [(Note: Subs. by A.O.(No.5) 1957 for the word "State") Union territory], a general or partialrevision of the records or a re-survey, orboth, should be made, he shallpublish a notification in the Official Gazette to thateffect and every sucharea shall be held to be under record or survey operations, or both,as thecase may be from the date of the notification until the issue ofanothernotification declaring the operation to be closed therein.

36. Record Officers.

§36.Record Officers.34.Record Officers - The Chief Commissioner may appoint an officer,hereinafter called theRecord Officer, to be in charge of the record operationsor the survey, or both, as thecase may be, in any are and as many Assistant


Record Officers as to him may seem fit, andsuch officers shall exercise allthe powers conferred on them by this Act so long as sucharea is under recordor survey operations, as the case may be.

37. Powers of Record Officer as to erection ofboundary marks.

§37.Powers of Record Officer as to erection of boundary marks.35. Powers of RecordOfficer as to erection of boundary marks- When any area isunder survey the RecordOfficer may issue a proclamation directing all GaonSabhas and Bhumidhars to erect, within15 days, such boundary marks as he maythink necessary to define the limits of thevillages and fields; and in defaultof compliance within the time specified in theproclamation, he may cause suchboundary marks to be erected, and the Deputy Commissionershall recover thecost of their erection from the Gaon Sabha or the Bhumidhar concerned.

38. Decision of disputes.

§38.Decision of disputes.36. Decisionof disputes - In case of any dispute concerning any boundaries,the Record Officer shalldecide such dispute in the manner prescribed inSection 28.

39. Records to be prepared in re-survey.

§39.Records to be prepared in re-survey.37. Records to be prepared in re-survey - When any are is under survey, theRecordOfficer shall prepare for each village therein a map and field-book,which shallthereafter be maintained by the Deputy Commissioner as provided bySection 16 instead ofthe map and field-book previously maintained.

40. Preparation of new record-of-rights.

§40.Preparation of new record-of-rights.38. Preparationof new record-of-rights - Where any are is under recordoperations, the Record Officershall frame for each village therein the recordspecified in Section 20 and the record soframed shall thereafter be maintainedby the Deputy Commissioner instead of the recordpreviously maintained underSection 21.


41. Attestation of entries and decision of disputes.

§41.Attestation of entries and decision of disputes.39. Attestationof entries and decision of disputes - All undisputed entries inthe record-of-rightsshall be attested by the parties interested and alldisputes regarding such entries,whether taken up by the Record Officer of hisown motion or upon application by any partyinterested, shall be disposed of byhim in accordance with the provisions of Section 27,28 and 29.

42. Particulars to be stated in the list of tenureand sub-tenure holders.

§42.Particulars to be stated in the list of tenure and sub-tenure holders.40. Particularsto be stated in the list of tenure and sub-tenure holders - Theregister of personscultivating or otherwise occupying land specified inSection 20 shall specify as to eachtenure or sub-tenure holder the followingparticulars.

43. Presumption as to entries.

§43.Presumption as to entries.41. Presumption as toentries - All entries in the record-of-rights prepared inaccordance with theprovisions of this Chapter shall be presumed to be trueuntil the contrary is proved; andall decisions under this Chapter in cased ofdisputes shall, subject to the provisions ofSub-section (3) of Section 27, bebinding on all revenue Courts in respect of thesubject-matter of suchdisputes; but no such entry or decisions shall affect the right ofany personto claim and establish in the Civil Court any interest in land whichisrequired to be recorded in the register prescribed by Section 20.

44. Place of holding Court.

§44.Place of holding Court.42. Place of holding Court- (1) The Deputy Commissioner may hold his Court atany place within the [(Note: Subs.by A.O. (No.5) for the word "State") Unionterritory].

(2) An Additional Collector, a Revenue Assistant, an AssistantCollector, aRecord Officer, an Assistant Record Officer, a Settlement Officer oranAssistant Settlement Officer may hold his Court at any


(3) A Tehsildar may hold his Court at any place within histehsil.

45. Power to enter upon and survey land.

§45.Power to enter upon and survey land.43. Powerto enter upon an survey land - The Deputy Commissioner, SettlementOfficer, RecordOfficer, and their Assistants, subordinates, servants, agentsand workmen may enter uponand survey land, demarcate boundaries and do allacts necessary for any purpose connectedwith their duties under this Act orany other law for the time being in force.

46. Power of Chief Commissioner to transfer cases.

§46.Power of Chief Commissioner to transfer cases.44. Powerto chief Commissioner to transfer cases - The Chief Commissioner maytransfer anyjudicial or non-judicial case or any class of such cases,including partition cases, fromany subordinate revenue Court or RevenueOfficer to any other such Court or officercompetent to deal therewith.

47. Power to transfer cases to and fromsubordinates.

§47.Power to transfer cases to and from subordinates.45. Powerto transfer cases to any from subordinates - The Deputy Commissioner,a RevenueAssistant, a Tehsildar, a Record Officer or a Settlement Officer maymake over any case orclass or cases, arising under the provisions of this Actor otherwise, for inquiry ordecision, from his own file to any of hissubordinates competent to deal with such case orclass of cases, or maywithdraw any case or class or cases or class of cases himself orrefer the samefor disposal to any other such Revenue Officer competent to deal therewith.

48. Consolidation of cases.

§48.Consolidation of cases.46. Consolidationof cases Where more cases than one involving substantiallythe same question fordetermination and based on the same cause of action arepending in one or more Courts,they shall, on application being made by anyparty to the Court to which the Court orCourts concerned are all subordinate,be consolidated in one Court and decided by a singlejudgment. Such cases may


be filed direct in the superior Court.

49. Power to summon persons to give evidence andproduce documents.

§49.Power to summon persons to give evidence and produce documents.47. Powerto summons persons to give evidence and produce documents - Anyrevenue Court maysummons any person whose attendance it considers necessaryfor the purpose of anyinvestigation, suit or other business before it. Allpersons so summoned shall be bound toattend, either in person or by anauthorized agent, as such Court may direct, and to statethe truth upon anysubject respecting which they are examined or make statements, and toproducesuch documents and other things as may be required:

Provided that persons exemptfrom personal attendance in Civil Court underSections 132 and 133 of the Code of CivilProcedure, 1908, shall subject to theprovisions of those Sections, be exempt frompersonal attendance under thisSection.

50. Procedure in case of non-compliance withsummons.

§50.Procedure in case of non-compliance with summons.48. Procedure in caseof non-compliance with summons - If any person, on whom asummons to give evidence orproduce a documents has been served, fails tocomply with the summons, the officer by whomthe summons has been issued mayexercise the powers conferred on Civil Courts by OrderXVI, Rules 10 to 13, 17and 18 of the Code of Civil Procedure, 1908.

51. Summons to be in writing, signed and sealed.

§51.Summons to be in writing, signed and sealed.49. Summonsto be in writing, signed and sealed - Every summons shall inwriting, in duplicate andshall be signed and sealed by the officer issuing itor by such person as he empowers inthis behalf and shall be served bytendering or delivering a copy of it to the personsummoned, or, if he cannotbe found, by affixing a copy of it to some conspicuous part ofhis usualresidence and if such person resides outside the [(Note: Subs. by A.O.(No.5)1957 for the words "State"). Union territory] the summons may besent by postto the Collector of the district concerned for service.


52. Mode of serving notices.

§52.Mode of serving notices.50. Modeof serving notices - Every notice under this Act may be served eitherby tendering, ordelivering or sending a copy thereof by post in a coverregistered under the Indian PostOffices Act, 1898, to the person on whom it isto be served or to his authorised agent orby affixing a copy thereof at someplace of public resort on or adjacent to the land towhich such notice refers.

53. Mode of issuing proclamation.

§53.Mode of issuing proclamation.51. Modeof issuing proclamation- Wherever a proclamation issued under thisAct, copies thereofshall be posted in the court-house of the officer issuingit, at the headquarters of theTehsil and at some place of public resort on oradjacent to the land to which it refersand if the officer issuing it sodirects, the proclamation shall further be published bybeat of drum on or nearthe land to which it refers.

54. Notice and proclamation not void for error.

§54.Notice and proclamation not void for error.52. Noticeand proclamation not void for error - No notice or proclamationshall be deemed voidon account of any error in the name or designation of anyperson, or in the description ofany land referred to therein, unless sucherror has produced substantial injustice.

55. Procedure for procuring attendance of witnesses.

§55.Procedure for procuring attendance of witnesses.53. Procedure for procuring attendance of witnesses If in any proceeding ofajudicial nature pending before any revenue Court either party desires theattendance ofwitnesses, it shall follow the procedure prescribed by OrdersXVI, Rules 2 to 4 of theCode of Civil Procedure, 1908.

56. Hearing in absence of party.

§56.Hearing in absence of party.54. Hearingin absence of party - Whenever any party to such proceedings


neglects toattend on the day specified in the summons or on any day to whichthe case may have beenpostponed, the Court may dismiss the case for default ormay hear and determine it ex parte.

57. No appeal from orders passed ex parte or bydefault. Re-hearing on proof of good clause for non-appearance.

§57.No appeal from orders passed ex parte or by default. Re-hearing on proofof good clause for non-appearance.55. Noappeal from orders passed ex parte or by default. Re-hearing on proof ofgood cause fornon-appearance - No appeal shall lie from an order passed underSection 54 ex parte orby default; but in all such cases, if the party againstwhom judgment has been givenappears either in person or by agent (if aplaintiff, within 30 days from the date of suchorder, and if a defendantwithin 30 days after such order has been communicated to him, orafter anyprocess for enforcing the judgment has been executed or at any earlierperiod),and shows good cause for his non-appearance and satisfies the officermaking the orderthat there has been a failure of justice, such officer may,upon such terms as to costs orotherwise as he thinks proper, revive the caseand alter or rescind the order according tothe merits of the case:

Provided that no ordershall be reversed or altered without previouslysummoning the party in whose favourjudgment has been given to appear and beheard in support of it.

58. Correction of error or omission.

§58.Correction of error or omission.56. Correctionof error or omission - Any Court or officer by whom an order hasbeen passed in anyproceeding under this Act may, within 90 days of such order,either of his won motion oron the application a party, correct any error oromission, not affecting a materiel partof the case, after such notice to theparties as may be necessary.

59. Power to refer disputes to arbitration.

§59.Power to refer disputes to arbitration.57. Powerto refer disputes to arbitration - The Chief Commissioner, the DeputyCommissioner, asAdditional Collector, an Assistant Collector of the first


class or a Revenue Assistant, aRecord Officer or an Assistant Record Officer,a Settlement Officer or an AssistantSettlement Officer, may, with the consentof the parties, by order, refer any disputebefore him to arbitration.

60. Procedure in cases referred to arbitration.

§60.Procedure in cases referred to arbitration.58. Procedure in cases referred to arbitration - In all cases of reference toarbitration under Section 57, theprovisions of the Arbitration Act, 1940,shall apply so far as they are not inconsistentwith anything in this Act.

61. Application to set aside award.

§61.Application to set aside award.59. Applicationto set aside award - Any application to set aside an awardshall be made within tendays after the day appointed for hearing the award.

62. Decision according to a ward.

§62.Decision according to a ward.60. Decisionaccording to award - If the officer making the reference does notsee cause to remit theaward or any of the matters referred to arbitration forreconsideration, and if noapplication has been made to set aside the award, orif he has refused such application,he shall decide in accordance with theaward, or if the award has been submitted to him inthe form of a special case,according to his own opinion in such case.

63. Bar to appeal and suit in Civil Court.

§63.Bar to appeal and suit in Civil Court.61. Barto appeal and suit in Civil Court - Such decision shall be at oncecarried our, andshall not be open to appeal unless the decision is in excessof, or not in accordancewith, the award, or unless the decision is impugned onthe ground that there is no validaward in law or in fact; and no person shallinstituted any suit in the Civil Court forthe purpose of setting it aside oragainst the arbitrators on account of their award.

64. Recovery of fines and costs.


§64.Recovery of fines and costs.62. Recoveryof fines and costs - All fees fines, costs, other than costsbetween party and party,and other moneys ordered to be paid under this Actshall recoverable as if they were anarrears of revenue. A revenue Court shallhave power, subject to any special provisions inthis Act, to give andapportion costs due under this Act in any proceedings before it insuch manneras it thinks fit.

65. Delivery of possession of immovable property.

§65.Delivery of possession of immovable property.63. Deliverof possession of immovable property When an order is made that aperson be putin possession of any immovable property the officer making theorder may deliver overpossession in the same manner, and with the same powersin regard to all contempt,resistance, and like, as may be lawfully exercisedby the Civil Courts, in execution oftheir won decrees.

66. Courts to which appeals lie.

§66.Courts to which appeals lie.64. Courts to whichappeals lie - (1) An appeal shall lie under thisAct -

(a) To the Settlement Officer or the Record Officer from orderspassed by anyAssistant Settlement Officer or Assistant Record Officer, respectively;

(b) To the Deputy Commissioner or to the Additional Collectorspeciallyempowered in this behalf from orders passed by the Revenue Assistant,anAssistant Collector or Tehsildar;

(c) To the Chief Commissioner from orders passed by the DeputyCommissioner,Additional Collector, Settlement Officer or Record Officer.

(2) No appeal shall be allowed from a non-judicial order notconnected withsettlement passed by the Deputy Commissioner.

67. First appeal.

§67.First appeal.65. First appeal - Unless an order is expressly made final by this Act, anappeal shall lie to the Courtauthorised under Section 6f4 to hear the samefrom every original order passed in anyproceedings held under the provisions


of this Act.

68. Second appeal.

§68.Second appeal.66. Secondappeal - A second appeal shall lie to the Chief Commissioner from anorder deciding anappeal under Clause (a) or Clause (b) of Sub-section (1) ofSection 64 on any of thefollowing grounds and no other, namely:-

(i) The decision being contrary to law or to some usage having theforce oflaw,

(ii) The decision having failed to determine some material issue oflaw orusage having the force of law;

(iii) A substantial error or defect in the procedure as laid down inthis Actor prescribed there under, which may possibly have produced error or defect inthedecision of the case upon the merits.

69. Limitation for appeals.

§69.Limitation for appeals.67. Limitationfor appeal - (1) No appeal to the Settlement Officer, the RecordOfficers or theDeputy Commissioner or to an Additional Collector empowered tohear appeals shall bebrought after the expiration of 30 days from the date ofthe order complained of, unlessotherwise specially provided by or under thisAct or the Delhi Land Reforms Act, 1954.

(2) No appeal or second appeal to the Chief Commissioner shall bebrought afterthe expiration of 60 days from the date of the order complained of.

70. Appeal against order admitting an appeal.

§70.Appeal against order admitting an appeal.68. Appealagainst order admitting an appeal - No appeal shall lie against anorder admitting anappeal on the grounds specified in Section 5 of the IndianLimitation and appeal on thegrounds specified in Section 5 of the IndianLimitation Act, 1908.

71. Powers of Appellate Court.


§71.Powers of Appellate Court.69. Powersof Appellate Court - (1) the appellate Court may either admit orsummarily reject theappeal.

(2) If it admits the appeal, it may

(a) Reverse, vary or confirm the order appealed against; or

(b) Direct such further investigation to be made or such additionalevidence tobe taken as it may think necessary; or

(c) Itself takes such additional evidence; or

(d) Remand the case for disposal with such directions as it thinksfit.

72. Power to suspend execution of order of LowerCourt.

§72.Power to suspend execution of order of Lower Court.70. Powerto suspend execution of order of Lower Court - When an appeal isadmitted, theappellate Court may, pending the result of the appeal, direct theexecution of the orderof the lower Court to be stayed.

73. Power of Deputy Commissioner, etc., to call forrecords and proceedings and reference to the ChiefCommissioner.

§73.Power of Deputy Commissioner, etc., to call for records and proceedingsand reference to the Chief Commissioner.71. Powerof Deputy Commissioner, etc. to call for records and proceedings andreference to theChief Commissioner - The ‘Deputy Commissioner’ theSettlement Officer or theRecord Officer may call for and examine the record ofany case decide or proceedings heldby any officer subordinate to him for thepurpose of satisfying himself as to the legalityor propriety of the orderpassed and as to the regularity of the proceedings and, if he isof opinionthat the proceedings taken or order passed by such subordinate officershouldbe varied, cancelled or reversed, he shall ‘refer’ the case with hisopinionthereon for the orders of the Chief Commissioner and the ChiefCommissioner shallthereupon pass such orders as he thinks fit.


74. Power of Chief Commissioner to call for files ofsubordinate officers and to revise orders.

§74.Power of Chief Commissioner to call for files of subordinate officers andto revise orders.72. Powerof Chief Commissioner to call for files of subordinate officers andto revise orders - The ‘Chief Commissioner’ may call for the record of -

(a) Any non-judicial proceeding not connected with settlement, heldby anyofficer subordinate to him, any may pass thereon such orders as he thinks fit,or

(b) Any case of a judicial nature or connected with settlement, inwhich noappeal lies to the Chief Commissioner, if the officer by whom the casewasdecided appears to have exercised jurisdiction not vested in him by law, orto have failedto exercise a jurisdiction so vested in him by law, or to havefailed to exercise ajurisdiction so vested , or with substantial irregularity,and may pass such orders in thecase as he thinks fit.

75. Power of Chief Commissioner to review and alterhis order and decrees.

§75.Power of Chief Commissioner to review and alter his order and decrees.73. Powerof Chief Commissioner to review and alter his orders and decrees -(1) The ChiefCommissioner may ‘review’, and any rescind, alter or confirmany order made byhimself in the course of business connect with settlement orotherwise.

(2) No decree or order passed judicially by him shall be so reviewedexcept onthe application of a party to the case made within a period of 90 days fromthepassing of the decree or order, or after such period if the applicantsatisfies the ChiefCommissioner that he had sufficient cause for not makingthe application within suchperiod.

COMMENTS

The DELHILAND REVENUE ACT, 1954 makes provisions for appeal against an orderwithin Sections 64 to70. An order is of two types (1) Judicial and (2) Non-judicial. An appeal is providedagainst a judicial order only. But who decidesand by what rules an order may bedistinguished from it being judicial or non-judicial the legislation is conspicuouslysilent.


Appeals arebifurcated into two stages, the first stage of appeal relates to aset of officialsnamely, (1) The Settlement Officer or Record Officer and (2)Deputy Commissioner orAdditional Collector. The second stage of appeal isrelative to the Chief Commissioneronly. The meaning of this exposition is thatfirst order or original orders are those madeby (1) Assistant SettlementOfficer or Assistant Record Officer, from this official theappeal lies toSettlement Officer or Record Officer. But if the first order or originalorderis form (1) Revenue Assistant (2) Assistant Collector or (3) Tahsildar, theappealshall lie to Deputy Commissioner or to Additional Collector, Thisexhausts the first stageof appeal.

This secondstage of appeal comprises the appeal of the Chief Commissioner from(1) DeputyCommissioner (2) Additional Collector (3) Settlement Officer or (4)Record Officer, asmentioned in Section 64(1) (c). The grounds for an appeal toChief Commissioner areregulated by the provisions of Section 66. The groundsare:

(1) That the decision is contrary to law or usage having the force of law.

(2) The decision leaves some material issue of law or usage to bedetermined.

(3) A substantila error or defect in the procedure as laid down in theActwhich may possibly have produced error or defect in the decision of thecase upon themerits.

The fate ofan appeal may take two forms either it may be admitted or it may be"SUMMARILYREJECTED." If rejected the squeal is obvious but if it is admittedthe followingconsequences may happen, namely,

(1) The execution of the order of the Lawer Court may be stayed (Section70).

(2) It may reverse, vary or conform the order appealed against (Section 69(2)(a)].

(3) Direct such further investigation to be made or such additionalevidence tobe taken, as it may think necessary (Section 69 (2) (b)).

(4) Itself take such additional evidence (Section 69 (2) (c)).

(5) Remand the case for disposal with such direction as it thinks fit(Section69 (2) (d)).

The right ofappeal is delimited by the period of Limitation. The period oflimitation for the firststage of appeal is 30 days, as per Section 67(1) ofthe Act, and the limitation period forthe second stage appeal is 60 days, as


per Section 67 (2) of the Act. By Section 68 of theDelhi Land Revenue Act,1954 Section 5 of the Limitation Act, 1908 stands barred.

The claim toappeal lies from every original order, except where the order isexpressly made final bythe provision of the Act per-se (Vide Section 65).

The Law inrelation to reference is contained within Section 71 of the Act andin relation torevision in Section 72 and 73 of the Delhi Land Revenue Act,1954.

76. Conferring of powers.

§76.Conferring of powers.74. Conferringpowers - In conferring powers under this Act, the ChiefCommissioner may empowerpersons by name or classes of officials generally, bytheir official titles, and any varyor cancel any such order.

77. Powers of officer promoted to a higher office inthe Union territory.

§77.Powers of officer promoted to a higher office in the Union territory.75. Powersof officer promoted to a higher officer in the Union territory -Whenever any personholding an office in the service of the [(Note: Subs. byA.O. (No.5) 1957 for the word"State") Union territory], who has been investedwith any powers under thisAct, is promoted to a higher office of the samenature in the [(Note: Subs. by A.O.(No.5) 1957 for the word "State") Unionterritory], he shall, unless theChief Commissioner otherwise directs, be heldto be invested with the same powers underthis Act in the higher office towhich he is promoted.

78. Investment of Additional Collector with powersof Deputy Commissioner.

§78.Investment of Additional Collector with powers of Deputy Commissioner.76. Investmentof Additional Collector with powers of Deputy Commissioners -The Chief Commissionermay confer on an Additional Collector, a RevenueAssistant or an Assistant Collector ofthe first class all or any of the powersof the Deputy Commissioner, and all powers soconferred shall be exercisedsubject to the control of the Deputy Commissioner.


79. Conferring of powers on Tahsildars and Naib-Tahsildars.

§79.Conferring of powers on Tahsildars and Naib-Tahsildars.77. Conferringof powers on Tehsildars and Naib-Tehsildars - The ChiefCommissioner may conferon any Tehsildar all or any of the powers of anAssistant Collector of the first class andon any Naib-Tehsildar all or any ofthe powers of Tehsildar.

80. Deputy Commissioner to have all powers of anAssistant Collector.

§80.Deputy Commissioner to have all powers of an Assistant Collector.78. DeputyCommissioner to have all powers of an Assistant Collector - TheDeputy Commissionermay exercise all or any of the powers of an AssistantCollector under this Act or anyother law for the time being in force.

81. Powers of a Revenue Assistant.

§81.Powers of a Revenue Assistant.79. Powersof a Revenue Assistant - A Revenue Assistant shall, as such have thefollowingpowers - (1) To call on owners to erect or repair boundary marks,and, indefault, to erect or repair the same and charge the cost to ownersunder Section 17;

(2) Toimpose penalties under Section 18 for injuries to boundary or surveymarks, and in certaincases apportion the charges or repairing boundary orsurvey marks;

(3) To order alterations in the Annual Register under Section 21;

(4) To enquire into and decide cases of reported transfers underSections 23and 26;

(5) To levy fees for mutations under Section 24, and fines underSection 25;

(6) To decide disputes and pass orders under Sections 27, 28 and 29.

82. Powers of Assistant Collector of first class,


other than a Revenue Assistant.

§82.Powers of Assistant Collector of first class, other than a RevenueAssistant.80. Powersof Assistant Collectors of first class, other than a RevenueAssistant - An AssistantCollector of the first class, other than a RevenueAssistant, shall exercise all or any ofthe powers conferred on a RevenueAssistant in such cases or classes of cases as theDeputy Commissioner may,from time to time, refer to him for disposal.

83. Powers of Assistant Collector of second class.

§83.Powers of Assistant Collector of second class.81. Powersof Assistant Collector of second class - An Assistant Collector ofthe second classshall in addition to the powers conferred by or under anyother provision of this Act,have power to investigate report on such cases asthe Deputy Commissioner or the RevenueAssistant may, from time to time, committo him for investigation and report.

84. Powers of Assistant Record Officers.

§84.Powers of Assistant Record Officers.82. Powersof Assistant Record Officers - An Assistant Record Officer may,subject to the controlof the Record Officer, exercise all or any of the powersconferred by or under this Act onRecord Officer.

85. Matters excepted from cognizance of CivilCourts.

§85.Matters excepted from cognizance of Civil Courts.83. Mattersexcepted from cognizance of Civil Courts - No person shallinstitute any suit or otherproceeding in the Civil Court with respect to anyof the following matters:-

(a) The arrangement of Patwaris’ halkas;

(b) Claims by any person to any of the officers mentioned in Section13 or 14or to any emolument or fees appertaining to such office, or in respect ofanyinjury caused by his exclusion there from, or claims by any person tonominate persons tosuch offices;


(c) The formation of the record of rights or the preparation,signing, orattestation of any of the documents contained therein, or the preparationofthe annual register.

86. Powers of the Chief Commissioner to make rules.

§86.Powers of the Chief Commissioner to make rules.84. Powerof the Chief Commissioner to make rules - (1) The Chief Commissionermay make rulesfor the purpose of carrying into effect the provisions of thisAct.

(2) Without prejudice to the generality of the foregoing power, suchrules mayprovided for -

(a) Prescribing the duties of Tehsildars and Naib-Tehsildars, andregulatingtheir postings and transfers and their appointment in temporary.

(b) Regulating the appointment and transfer of Patwaris and Kanungos,theirsalaries, qualifications, duties, removal, punishment, suspension anddismissal;

(c) Prescribing the form, contents, method of preparation,attestation andmaintenance of the record-of-rights and other records, maps, field-books,registers and lists made or kept under Section 20 of this Act andprescribing the kind ofland, if any, in respect of which any such record neednot be prepared;

(d) Regulating the imposition and realization of fines under Section25 forfailure to notify successions or transfers;

(e) Regulating the costs which may be recovered in or in respect ofanyjudicial or non-judicial proceeding under this Act;

(f) Generally for the guidance of, and regulating the procedure to befollowedby, an officer (or other person) who under any provision of this Act isrequiredor empowered to take action in any judicial or non-judicial matter;

(g) Defining the classes of cases, matters, business, orders orproceedingswhich are to be deemed judicial or non-judicial , respectively.

87. Interpretation.


§87.Interpretation.85. Interpretation- The provisions of the General Clauses Act, 1887 (10 of1897), shall, apply, so faras may be, to this Act in the same manner as theyapply to a Central Act.

The Delhi Land Revenue Act, 1954

Documents

Transcript of The Delhi Land Revenue Act, 1954