1. Write a critical note on forest laws in India? - 10.

Salient features of the Forest (Conservation) Act 1980

Forest (Conservation) Act 1980 is a unique piece of legislation, and a regulatory mechanism
that reflects the collective will of the nation to protect its rich biodiversity and natural heritage
and that permits only unavoidable use of forest land for various developmental purposes. It
embodies the firm commitment of the Government of India to balance the conservation of
forests with the sustainable development needs of the country contributing to better
environment, health and economy.

Object of the Forest (Conservation) Act 1980

The Forest (Conservation) Act 1980 is an Act to provide for the conservation of forests and for
matters connected therewith or ancillary or incidental thereto.

Short title, extent and commencement

This Act may be called the Forest (Conservation) Act 1980. It extends to the whole of
India except the State of Jammu and Kashmir. It shall be deemed to have come into force on
the 25th day of October 1980.

Restriction on the dereservation of forests

Section 2 provides that no State Government or other authority shall make except with the
prior approval of the Central Government any order directing.

That any reserved forest within the meaning of the expression reserved forest or any portion
thereof shall cease to be reserved.

That any forest land or any portion thereof may be used for any non-forest purpose.

Constitution of Advisory Committee

The Central Government may constitute a Committee consisting of such number of persons as
may deem fit to advise that Government with regard to.

The grant of approval under Section 2

Any other matter connected with the conservation of forest which may be referred to by the
Central Government.
Penalty for contravention of the Provisions of the Act

Section 3A provides that whoever contravenes or abets the contravention of any of the
provisions of Section 2 shall be punishable with simple imprisonment for a period which may
extend to fifteen days.

Offenses by the Authorities and Government Departments

Section 3B provides that where any offense under this Act has been committed.

By any department of Government the head of the department. Or

By any authority every person who at the time the offense was committed was directly in
charge of and was responsible to the authority for the conduct of the business of the authority as
well as the authority shall be deemed to be guilty of the offense and shall be liable to be
proceeded against and punished accordingly.

Power to make Rules

Section 4 provides that the Central Government may by notification in the Official Gazettee,
makes Rules for carrying out the provisions of this Act.

Repeal and saving

Section 5 provides that the Forest (Conservation) Ordinance 1980 is hereby replaced.
Now withstanding such repeal anything done or any action taken under the provisions of the
said ordinance shall be deemed to have been done or taken under the corresponding provisions
of this Act.
2. Explain the procedure for acquiring land for public purpose under Land Acquisition Act

1894 and 2013? - 3.4

Procedure for acquisition of land

The Land Acquisition Act 1894 provides for a detailed procedure for acquiring private land for
public purposes. The
word public purpose, as defined in the Act refers to the acquisition of land for putting up
educational institutions or schemes such as housing, health or slum clearance, apart from the
projects for rural planning or formation of sites. The procedure includes various stages of the
actual acquisition up to the taking of possession. The procedure for acquisition of land is not
judicial but purely executive.

Stage -I
Step 1 Identification of land

As a preliminary step the appropriate Government identifies that it requires a

piece of land for public purpose or for a company.
Step 2 Issue of preliminary notification.

Section 4(1) The appropriate Government shall issue a notification in the Official
Gazette and also in two daily newspapers of which at least one shall be in the
regional language. The notification should specify the need for acquisition of
land for any public purpose. The notification shall be displayed in a conspicuous
place of the land ought to be acquired.
Step 3 Entry of authorized officers

Section 4(2) Any officer authorized by the Collector of the District, his servants
and workmen can enter on such land for the purpose of survey and ascertaining
whether it is suitable for the intended purpose.
Step 4 Hearing of objections

Section 5(A) Within 30 days of such notification the persons interested in the land
can raise their objection to the Collector in writing of any issue related to the
acquisition of the land. The collector shall after making his comments forward it
to the Central Government whose decision on the matter shall be final.
Stage -II

Step 5 Publication of declaration

Section 6 when the appropriate Government is satisfied after considering the

report made under Section 5A of the Act that any land is needed for a public
purpose or for a company a declaration shall be published in the Official Gazette
 and in two daily newspapers circulated in the concerned locality of which at least
on shall be in the regional language and causing public notice by the Collector of
substance of such declaration to be given at convenient places in the said locality.

Step 6 Taking order of acquisition of land

Section 7 Whenever any land shall have been so declared to be needed for a public
purpose or for a Company the Executive District Officer (Revenue) or some officer
authorized shall direct the Collector to take order for the acquisition of the land.

Stage -III

Step 7 Issue of public notice to the person interested

Section 9 The Collector shall then cause public notice to be given at convenient places
on or near the land to be taken stating that the Government intends to take possession
of the land and that claims to him. Such notice shall state the particulars of the land so
needed and shall require all persons interested in the land to appear personally or by
agent before the Collector at a time and place therein mentioned.

3. Explain the law relating to tenancy reforms. - 6.1

Tenancy Reforms

Land reforms have been a national agenda of rural reconstruction since independence.
Tenancy reforms are one of the major aspects of the land reforms. The agriculture system that
existed at the time of independence consisted of several defects including that of tenancy.

Kinds of tenancy reforms

Tenancy reforms were of three kinds namely:-

Regulation of rent

Security of tenure

© Ownership rights to tenants

Regulation of rent

To regulate rent paid by tenant farmers, the first five year plan laid down guidelines that rent
should not exceed one -fifth to onefourth of the total produce. All the states enacted laws
broadly on these lines. Maximum rent varies from State to State. In Kerala, it ranges between
one-fourth and one-third of total produce, while in Tamil Nadu it varies from one-third to 40%
in Andhra Pradesh it is one - fourth for irrigated land.
 Security of tenure

The security of tenure is aimed to provide some incentives to tenants to make certain
improvements of permanent nature on the land they cultivate. Many states have therefore
enacted legislation providing for the security of tenure so long as they continue paying the rent.
On security of tenure, State governments passed laws that aimed to :-

(a) Prevent the unlawful eviction of tenants

(b) Allow resumption of land by the owner only for personal cultivation

© Ensure prescribed minimum area to tenants in the event of eviction.

Ownership rights to tenants

A very important feature of the land reform is the provision of the right of ownership of
tenants. Many tenants could not get ownership rights due to their inability to pay large
compensation amounts. The legislation provides for a direct relationship with the State in the
following ways. They are :-

(a) Declaring the tenants as owners

(b) Directing the tenants to pay compensation to owners in installments

© Creating relationship between tenants and the State through acquisition

(d) Creating provision for self cultivation

(e) Reducing the evil of share cropping to a greater extent.

4. Explain the rights of protected tenants and distinguish protected tenants from ordinary
tenants. - 6.4

AP (Telangana Area) Tenancy and Agricultural Lands Act 1956

One of the important objectives of the land reforms in India has been the protection of rights
and interest of tenants. The early land reform measures in Andhra Pradesh combined and
carried forward the legal measures brought from two different administrative histories one
from the Madras Presidency from which the Andra region was brought in and the other from
the Nizam State of which Telangana was a part.

Object of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act 1956
 The preamble of the Act provides that objects of its as follows. An act to enable landholders to
prevent the excessive subdivision of agricultural holdings to empower the Government to
assume in certain circumstances the management of agricultural lands and to provide for the
registration of cooperative farms etc.

Features of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands
Act 1956

The Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act 1956 has come into
force with effect from 10/06/1950. The Act consists of 104 sections spread over in 11 Chapters.
Section 4 explains the provision relating to determination of area of family holdings. Section 5-
16 of the Act provides for general provisions governing tenants.

Ownership of Land

The Andhra Pradesh (Telangana Area) Tenancy and agricultural Lands Act 1950 regulates the
relations between the landlords and the tenants of agricultural lands in Telangana ARea. As per
section 38E of the Telangana Tenancy Act the ownership of the lands held by the protected
tenants shall stand transferred to and vest in the protected tenants with effect from
01/01/1973 and from such date the protected tenants shall be deemed to be the full owners of
such lands.

Summary ejectment from land

Section 10-33 provide provision for the summary ejectment of persons in possession of land
under a void lease the maximum rent payable for various categories of land the rent payable by
a tenant shall be that as agreed upon by and between the tenant and his landholder and the
other modes of fixing rent liability on the part of a tenant to pay rent at the rates fixed under
the Act prohibition of receiving rent in terms of labour or service from any tenant without the
permission of Tahsildar refund of rent recovered in contravention of the provisions of the Act
for other penalties in respect of certain matters abolition of all cesses etc.

Rates of maximum rates of rent

Section 11 prescribes the rates of maximum rent payable by a tenant for a lease as shown
below :-
(a) Dry land of chalka soil : 4 times the land revenue
(b) Dry land of black cotton soil : 5 Times the land revenue
© Bagat wet land irrigated by wells : 3 times the land revenue

Protected tenancy
Section 34 of the Act defines protected tenants. Protected tenant is a tenant personally
cultivating the land for not less than six years. Section 37 of the Act provides that every person
who at the commencement of the Act holds as tenant of any land in respect of which no person
is deemed to be a protected tenant under Section 34 is deemed to be protected tenant in
respect of such land.
Rights of the protected tenants
The protected tenants have been conferred the following rights under the Act. They are :-
Section 36 Right to recover the possession of the land
Section 35, 37A Right to be declared as protected tenants
Section 38 Right purchase the land
Section 39 Right to exchange the land
Section 40 Right to inherit the land

5. Discuss the salient features of the Andhra Pradesh Land Ceiling and

Holding Act 1973.- 5.3 Ceiling on vacant Land

The Urban Land (Ceiling & REgulation Act), 1976, was enacted in 1976 to impose a ceiling on
vacant land in urban areas. The idea was to give impetus to mass housing especially for the
urban poor. The Act fixed a ceiling on the vacant urban land that a person in urban
agglomerations can acquire and hold. A person is defined to include an individual, a family, a
firm, a company, or an association or body of individuals, whether incorporated or not. This
ceiling limit ranges from 500-2000 square meters. The Government acquired any land owned in
excess of the prescribed limit by following a specific method of calculation which was based on
the income the acquired land was able to generate.
Section 3 Person not entitled to hold vacant land in excess of the ceiling limit. No
person shall be entitled to hold any vacant land in excess of the ceiling
limit in the territories to which this Act applies.
Section 4 (1) Ceiling limit: Subject to the other provisions of this section in the case of
every person the ceiling limit shall be :-

(a) Where the vacant land is situated in an urban agglomeration falling

within category A specified in Schedule 1, five hundred square meters.

(b) Where such land is situated in an urban agglomeration falling within

category B specified in Schedule 1, one thousand square meters.

© Where such land is situated in an urban agglomeration falling within

category C specified a Schedule 1, one thousand five hundred square
meters
Section 5 Transfer of vacant land : The Act provides provision for taking into
account any land in excess of the ceiling limit transferred by way of sale,
 mortgage gift and lease or otherwise for calculating the extent of vacant
land.
Section 6 Persons holding vacant land in excess of ceiling limit to file statement :
The Act requires every person holding excess vacant land to file a statement
before the competent authority within the prescribed period.

Section 7 Provisions in relation to the filing of statement : The Act explains the
filing of the statement in case where vacant land held by a person is situated
within the jurisdiction of two or more competent authorities.

Section 8 Preparation of draft statement as regards as vacant land held in excess

of ceiling limit : The Act imposes a duty on the competent authority to prepare a
draft statement in respect of the person who has filed the statement under
Section 6 of the Act.

Section 9 Final Statement : The Act imposes a duty on the competent

authority to make an official statement after hearing the objections, if any or
making necessary alterations in the draft statement.

Section 10 Acquisition of vacant land in excess of ceiling limit: The act empowers
the competent authority to acquire excess vacant land as soon as may be after
the service of the statement under Section 9 by causing a notification giving the
particulars of vacant land.

6. No person shall be deprived of his property save by the authority of law. Explain - 1.2

Doctrine of eminent domain

Eminent domain means compulsory acquisition of private property for public purpose. It is the
power of a Government to take over private property for public use. Many landlords think that
their property rights are absolute under the law but this is not correct. The government is the
universal owner of the property as per the doctrine of eminent domain.

(a) Salus populi est supreme lex

Which means welfare of the people is paramount law

(b) Necessita public major est quam

Which means public necessity is greater than private necessity.

Essentials ingredients of eminent domain

(a) There must be law authorizing the taking of property

(b) Property must be taken for public purpose

© Just compensation should be paid

Limitations on eminent domain

The State cannot acquire the private property

(a) Without showing public purpose

(b) Without any law and

© Without paying the sufficient compensation.

Bhim Singhji v. Union of India (1981) 1 SCC 166 it has been held that the concept of public
purpose necessarily implies that it should be a law for the acquisition or requisition of property
in the interest of the general public and the purpose of such a law directly and vially sub serve
public interest.

7. What is meant by land grabbing? How does law seek to control it? - 9.1

Land grabbing

Section 2 of the Act provides that land grabbing means every activity of grabbing of any land
belonging to Government local authority religious or Charitable Institution or Endowment
including wakf or any other private person by a person or group of persons without any lawful
entitlement and with a view to possess illegally or enter into or create illegal tenancies or lease
and licenses agreements in respect of such lands.

Land Grabber
Section 2 (d) of the Act defines the term land grabber as a person or a group of persons who
commits land grabbing and includes a person who gives financial aid to such person who
collects or attempts to collect any rent compensation or other charges by criminal intimidation
or who abets the doing of any of the aforementioned acts. Land grabber includes the
successors-in-interest of the original land grabbers.

Section 3 declares land grabbing in any form to be unlawful and any activity connected therewith
to be an offense punishable under the Act. Section 4 imposes prohibition on land grabbing
violation whereof results in penal actions as specified therein .
8. Critically examine the Andhra Pradesh Assigned Land (Prohibition of

Transfer) Act 1977? - 8.1 Assigned lands

Andra Pradesh Assigned Land (Prohibition of Transfer) Act 1977 is a protective legislation which
came into force on 21 Jan 1977. The Act prohibits transfer of lands assigned to land less poor
persons for the purpose of cultivation or as house sites and provides for restoration of such
transferred lands to the original assignees and also for punishment to the persons acquiring
such lands.

Prohibition of transfer of assigned lands

Section 3 (1) of the Act prohibits transfer of any land assigned to a landless poor person by way
of sale, gift mortgage, exchange, lease or otherwise and no right or title in such assigned land
shall visit any person acquiring the land by such transfer which transaction shall be deemed
never to have taken place.

Exception to the prohibition of transfer of assigned lands

Section 5 provides that the prohibition is not applicable if the assigned land is purchased by
another landless poor for a valuable sale consideration form the original assignee or his transferee.

Powers of the Collector or authorized officer

If in any case the District Collector or the officer authorized by Tahsildar is satisfied that the
provisions of Section 3 (1) of the Act are contravened he shall issue a show cause notice in Form 1
to the person in possession of the assigned lands allowing 15 clear days for making the
representation.

Order is final

Any order passed in revision under Section 4(b) shall be final and shall not be questioned in any
Court of law and no injunction shall be granted by any Court in respect of any proceedings
taken or about to be taken by any officer or authority or Government in pursuance of any
power conferred by or under the Act.

Appeal

Section 4 (a) provides that any person aggrieved by an order passed by the Gahsildar under
Section 4 (1) may within 90 days from the date of receipt by him of such order appeal to Revenue
Divisional Officer.
Revision

Section 4 (b) provided that the District Collector may in respect of any proceedings no being a
proceeding covered by 4(a)(2) on an application made to him and the Government may in
respect of any proceedings either suo moto or on an application made to them call for and
examine the records of any officer subordinate to him to satisfy himself as to the regularity of
such proceeding etc.

Punishment

Section 7 (1) provides that whosoever acquires any assigned lands in contravention of Section 3
(2) of the Act shall be punished with imprisonment up to 6 months and with fine up to Rs. 2000 or
with both.