HOW TO ACQUIRE THE ALIENATION OF THE STATE LAND?

REFER TO SECTIONS 181-182 NLC

1- obtain the approval of state authority

2- if it is approved, certain sums of money become payable to
it as land revenue under section 81(1) of NLC
3-the collector issues a notice in form 5A under section 81(2)
NLC requiring the intended proprietor to pay the revenue
within time stipulated in the notice.
if sum not paid within specified time the approval of the
state authority lapses under section 81(2).
Issue- what happened if this procedure is not followed?
 THE BEE V MARUTHAMUTHU
-The Bee (TB), an applicant of land under alienation made payment of land revenue beyond
specified time. She supposedly pay the sum 3 months from the date mentioned in Form 5A
with was in NOV 16, 1966. But she pay the sum 8 MONTHS AFTER THE STIPULATED DATE!

-Payment was still accepted and registration of title in her name was perfected.

-A TOL holder, B, who occupied the land in question challenged the alienation to A and
claimed that approval had already lapsed when payment was made, therefore SA has acted
Ultra Vires the NLC.

Held- SA did not ultra vires NLC. At the time payment was made, there was no other
applicant and when SA accepted the payment means that it has given a fresh approval.

Decision shows that:

-Payment of land revenue to be made within time is not mandatory, only directory;
SA has the discretion to accept payment even if made beyond time limit.

-No need to really follow the procedure to apply for the alienation of land under NLC, as
long as the title is registered under the applicant’s name, he has indefeasible title over the
land.
Under Torren System- the registration of title is everything !