Introduction – knowing where to look: Which law governs what -

BLRC, Tenancy Act, Gharkhed Ordinance

Bombay Land Revenue Code, 1879
 Fiscal Purposes: Collection of Land Revenue i.e., property taxes
 Rights vis-a-vis state
 Is not a record of Rights: Confusion as to why parties deal on the basis of mutation
entries.
 “holder “occupant” “Tenant” – Who will pay the land Revenue? Sec 2 (11) (16) (19)
o Sec 2 (11) “to hold land” – legal possession not necessarily actual
o Sec 2 (16) occupant – holder in actual possession other than tenant
o Sec 2 (19) occupation
 Sec 65 – NA Permission
 Disputed questions of Fact in Land Records
 Mamlatdar – Collector – SSRD
 Village form 7/12 extract
 Gaam Namuna No. 6 – Record of Rights.

Gujarat Tenancy & Agricultural Lands Act, 1948 (Ganotdhara)
 Similar act for Vidharbha and Kutch
 Landlord and Tenant (Ganotiya): Tiller was made the owner (as on 1956) – i.e. New
tenure (restricted tenure or restricted use) for eg. non-transferable, can’t be
partitioned.
 Recognises different types of ‘Tenure’
 Disputes about whether a person is a ‘tenant’: Mamlatdar – Dy. Collector – Gujarat
Revenue Tribunal
 Sec 43 (restrictions on ownership) and Sec 63 (transfer to non-agriculturists barred)
 Who is an agriculturist?
 Forfeiture
Gujarat Town Planning & Urban Development Act
 Devlopmental Area, Developmental Plan and Developmental Authority
 Function of Developmental Plan
 Steps in preparation of developmental plan
 Method used in execution of development plan
o Acquiring the Land
o Agreement
o Land Acquisition Act
 Restrictions on development of an area
 Consequences on non adherence of plan
 Preliminary scheme and Final scheme
 Intention
 Draft scheme
 Public Notice
 Scope of definition of public purpose under Land Acquisition Act.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013
 New law for Land acquisition proceedings
 Difference between old act and new act

Conveyance: Sequence of the Transaction. Important Terms. Issues to

look out for. What land cannot be transferred (New tenure,
Agricultural, Bhoodan etc).
What land can be transferred
Sequence of a transaction
 Selection and Commercials
 Title Search
 Public Notice
 Earnest Money/Agreement to Sell
 Payments
 Sale Deed & Possession

Issues
 Part Payment
 Timely delivery
 Bona fide purchaser without notice
 Lis pendens

Bombay Land Revenue Code

 Section 12 – Mamlatdar, the basic authority for book keeping the records.
 Section 37 – All land not property of other belongs to Gov.
 Section 62 - Powers of Collector
 Importance of Condition and Consequences attached with selling of Land.
 Section 65 – Application for NA permission.
 Importance of NA permission.
 Section 66
 Section 79A
 Section 135D – Acquisition of rights to be reported (word verify used not determine)
 Authority which can adjudicate dispute of Title.

Tenancy And Agricultural Lands Act, and overview

 Tenancy act – determines ownership of land.
 Definition of Agriculturist and its scope.
 Restrictions on ownership of property.
 New tenure and Old Tenure.
 Benefits of converting into old tenure.
 Bhoodan land cannot be converted into new tenure.
  Section 43 (restrictions on ownership) and Section 63 (transfer to non agriculturist
barred)

Gujarat Town Planning & Urban Development Act, 1949 and the Law
of Land Acquisition
Gujarat Town Planning & Urban Development Act, 1949
Development Plans
 Purpose: For better planning of areas within Gujarat
 Application: First to Rural and then Urban Areas
 S. 5: Designation as a Development Area
 S.9: Preparation of Draft Development Plan to State Government
 S. 12: Contents
o Residential, industrial, commercial, agricultural,
o Reservation for public purpose, schools colleges, education,
o Zoos water bodies and reserves,
o Roads and transportation,
o Water supply drainage
o Imposition of FSI, buildable area, density, use etc.
 S. 16 & 17: Sanction of Draft Development Plan – now becomes final development
plan
 S.20: Acquisition: By agreement, in lieu of development right, by Land Acquisition
Act
 Similar rules for Urban Development Area
 S. 26: Restriction on development after publication of draft - Work only after
permission – S. 27: permission may be conditional
 S.33: Revocation of development permission
 S. 34: Subdivision of Plot
 S. 36: Removal of unauthorised Development – Order and the demolition, recovery of
expenses as land revenue
Town Planning Schemes
 Purpose: For better planning of areas within Gujarat
 Application: Development Areas converted to Town Planning areas
 S. 40: What is a TP Scheme and what does it provide for?
o 15% Roads
o 5% parks and open spaces
o 5% Social infrastructure eg, schools, fire bridge dispensary etc
o 15% for sale for residential, industrial or Commercial
 S. 40: TP Scheme shall determine building area FSI etc.
 S. 41: Declaration
 S. 42: Publication of draft scheme S. 44: Contents of a Draft Scheme
 S. 45: Reconstitution of plots – Draft scheme to include proposals to convert Ops to
FPs persons affected may be entitled to compensation
 S. 48: Sanctioning draft scheme
 S. 48A: Lands vest upon sanction of drafts scheme
  S. 49: Restriction on use after declaration under section 41. Permission mandatory –
consequences include demolition
 S. 52: Contents of Preliminary Scheme and Final Scheme: OPs to FPs, price
difference and compensation
 S. 67: Effect of preliminary scheme – lands vest in government and all OPs, divested
and FPs vested. (See S. 81 transfer of right from OP to FP)
 S. 68: Summary eviction of any person not entitled to occupation.
 S. 69: Power do pull down and demolish in contravention of scheme
 S. 70: Varying Scheme
 S. 71: Variation of scheme by another scheme
Compensation
 S. 73: Compensation when scheme varied. See also S. 82: Compensation when right
injuriously affected.

Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013
 Old act of 1894 and new act of 2013.
 Increase of compensation of land acquired.
 Public Notice
 Notices to interested parties
 Right to object and Hearing of Objections
 Section 23 – Award
 Jantri rates

Stamping & Registration: does it render the agreement void? By when

can you have it stamped and registered without penalty. Unstamped
and unregistered, use in evidence.
 Section 17 - Documents required to be registered mandatorily.
 Registration during transfer of Immovable Property.
 Effects of non payment of Stamp Duty
 Non registered document inadmissibility as evidence.
 Document inadequately stamped still valid.

RERA & other Legal Compliance: Common Issues and Redressals,

Violations & Penalties under the Land Revenue Code and Tenancy
Act demolition, non-payment of property tax, attachment and
violation of sale conditions.
 Why RERA required when earlier Consumer Protection Act was there.
 Difficulties in obtaining permissions and problems faced as result of change in norms.
 Purpose and evolution of RERA
 Section 3 – Registration of every purchase.
  Section 18 – Compensation under RERA
 Problems arose due to delay in completion of construction projects and consequential
remedies for the buyer.

Common Litigations and Remedies

Suits for Specific Performance
Challenging Grant or Non grant of NA use Permission
Proceedings pertaining to status as an ‘agriculturist’
Challenging Forfeiture of Land under the Tenancy Act
Challenging Forfeiture under the Land Revenue Code
Challenging Acquisition of Land or Award of Compensation