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Handbook on Land Law

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Handbook on Land Law HANDBOOK ON LAND LAW C.N.T. Act. 1908 S.P.T. Act. 1949 B.L.R. Act. 1950 Wilkinson Rules Land Acquisition Act Judicial Academy Jharkhand This book is also available on official website of Judicial Academy Jharkhand "www.jajharkhand.in" Judicial Academy Jharkhand Ranchi ii INDEX 1. LAND LAW : C.N.T., S.P.T., B.L.R., ACT – Gautam Kumar Choudhary, Director, Judicial Academy ..................................................... 1-58 a. Introduction ........................................................................................................................................3-11 b. Main Provisions of C.N.T. Act .....................................................................................................12-31 c. Main Provisions of S.P.T. (Supplementary Provisions) Act, 1949 .............................32-42 d. Main Provisions of B.L.R. Act ....................................................................................................43-50 e. Glossary .............................................................................................................................................51-53 f. Appendix - I — Continuous Khaitan (Form No. 1) ..........................................................54-55 g. Appendix - II — Tenants Ledger (Form No. 2) ..................................................................56-58 2. WILKINSON RULE A CRITICAL VIEW Sri P.K. Srivastava, Principal District & Sessions Judge, Chaibasa .......................................................................59-79 3. HOPE FOR LAND LOOsers UNDER 1894 LAND AlienatiON ACT IN JHARKHAND Sri Nalin Kumar, O.S.D. to H.E. the Governor of Jharkhand ................................................................................80-82 4. LAND ACQUISITION RehabilitatiON AND SETTLEMENT ACT, 2013 Biresh Kumar, Special Judge, Land Acquisition Cum Special Judge Economic Offences, Dhanbad ..........................................................................83-88 5. List OF IMPOrtant AUTHORITIES ................................................................................. 89-218 a. 2008 (4) JCR 542 (Jhar.) Felix Tamba Vs. State of Jharkhand The rights of raiyats belonging to S.C. or S.T. to mortgage his raiyati right in holding for construction of house and educational purpose. ................................................................................................................91-107 b. 2014 (1) JCR 342 (Jhar.) The State of Jharkhand Vs. Taurian Infrastructure Mutation order can be passed only on the basis of possession – Title not to be determined. ................................................................................................. 108-115 iii c. 2009 (4) JLJR 106 Mahadeo Oraon Vs. State of Bihar Unregistered hukumnama is not admissible and cannot be considered as a deed of gift. ............................................................................................... 116-119 d. 2008 (4) JCR 429 Mahabir Kansi Vs. State of Jharkhand Jamabandi based on forged sada hukumnama is illegal and liable to be cancelled. ............................................................................................................. 120-122 e. 2008 (3) JCR 639 (Jhar.) Dineshwar Prasad Vs. State of Jharkhand Long running jamabandi cannot be cancelled except by a decree or order of competent court. .............................................................................. 123-126 f. 2009 (2) JCR 153 (Jhar.) Jagdeo Mahto Vs. Commissioner, North Chotanagpur Jamabandi can be cancelled when the order is passed by an authority not having authority or jurisdiction to pass such an order. .................................................................................................................. 127-134 g. 2013 (4) JCR 692 Jagjivan Singh Vs. State of Bihar Section 71(A) and 46 of C.N.T. Act – Merely because a settlement is made within one year of surrender, it would not necessarily mean that surrender and settlement would form part of the same transaction. ............................................................................................................ 135-142 h. 2008 (14) SCC 774 Fulchand Munda Vs. State of Bihar No limitation provided under section 71(A) but the same must be exercised within a reasonable time. .............................................................. 143-148 i. 2013 (2) JCR 691 (Jhar.) Bheem Singh Munda Vs. State of Jharkhand Scope of Sections 87, 254 and 251 with respect to the entry relating to Mundari Khuntkattidar. ..................................................................... 149-152 j. 1997 (5) SCC 112 Baleshwar Tiwari Vs. Sheo Jatan Tiwari Meaning of the word khas possession in sections 6(1) and 2 (K) of the B.L.R. Act ............................................................................................................ 153-160 k. AIR 1962 SC 50 State of Bihar Vs. Umesh Jha The construction of section 4(h) of B.L.R. Act. ............................................................ 161-164 iv l. 2002 (9) SCC 677 State of Bihar Vs. Sharda Prasad Rai Scope of Section 4(g) and (h) of B.L.R. Act. ................................................................. 165-167 m. 1985 (0) AIR (Pat.) 77 Most. Bibi Sayeeda Vs. State of Bihar Construction of word bazaar in section 4(1) (a) of B.L.R. Act. ....................................................................................................................... 168-176 n. 2010 (2) JLJR 392 Sharmistha Sinha Vs. State of Jharkhand Section 71(A) C.N.T. Act – Restoration of chhaparbandi land ............................................................................................................. 177-182 o. 1978 (0) AIR SC 312 Korin @ Etwari Devi Vs. India Cable Company Ltd. Protection against ejectment to tenant who had become a “Korkar” raiyats. ................................................................................................. 183-185 p. AIR 1987 (Pat.) 167 Paritosh Maity Vs. Ghashi Ram Maity Mainability of Civil Suit for declaration of title and entries in revenue records. ................................................................................................. 186-196 confirmation of possession challenging q. 1976(2) SCC152 Guru Charan Singh Vs Kamla Singh The purport of “vesting” in B.L.R. Act ............................................................................ 197-211 r. 2004 (1) J.C.R. 407 Jamhir Ansari Vs. Ketna Organ Abandonment and Settlement of Land ........................................................................... 212-220 s. AIR 2000 (Patna) 101 Mora Ho Vs. State of Bihar Validity of Wilkinson Rule .................................................................................................... 221-246 t. 2014 (3) SCC 183 Pune Municipal Corporation & Anr. Vs. H.M. Solanki Right to fair compensation and transparency under section 24 (1) and (2) of the Land Acquisition Act, 2013. ................................................................................................ 247-254 v vi LAND LAW : C.N.T., S.P.T., B.L.R., ACT LAND LAW : C.N.T., S.P.T., B.L.R., ACT “Just like in heaven, everybody wants a piece of land” ...John Steinbeck a. INTRODUCTION Land is at the root of many a litigation both civil and criminal in the Subordinate Courts. The core of civil litigation in the subordinate courts is related to the land and different types of rights associated with it. Suits of different nature like declaratory suit for title based on inheritance, or partition, specific performance of contract for sale, claim of title over the land on the basis of adverse possession have all their genesis in land disputes. Trial Courts as well as first appellate courts, being courts of fact have to arrive at a clear finding of facts in such cases. under Sections 91,92 and 94 of the Evidence Act. To gain clear grip over the facts of a case the ability to read In and civil analyse cases documentary the documents evidence adduced assumes into greaterevidence significance is of fundamental as it excludes importance. oral evidence The documents which usually come up for consideration in a civil case are land revenue records like, record of rights, revenue receipts, settlement deeds, sale deeds, records of mutation proceedings. It is a settled principle of law that revenue records neither create nor extinguish title nevertheless the import and effect of these documents could be fully appreciated. they are valuable piece of evidence. The ability to read these documents is the first requisite before The main Tenancy and land reform laws in the state of Jharkhand are Bihar Land Reforms Act, 1950, Chotanagpur Tenancy Act, 1908 and Santhal Pargana Tenancy Act, 1949. Different provisions of these Acts may apply in one case depending upon the facts of the case. There is an interplay of tenancy and land reform Acts and therefore a clear conception of law on the point Acts come up for consideration and therefore a clear understanding of these Acts is of paramount importance.is essential for This a Presidingarticle attempts Officer to of deal a court. with In the most broad of outlinethe cases and involving important land provisions dispute these with case laws, which is necessary to understand the land law and its evolution. The CNT and SPT Act were enacted for different administrative districts of Chotanagpur and Santhalpargana. At present in the the Districts of Santhalpargana viz Dumka, Sahebganj, Godda , Jamtara, Godda and Deogarh and Pakur the provisions of SPT Act apply and in other districts
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