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Land Law 6 Sem Part 2
Land Law 6 Sem Part 2
• Meaning: Diluvion refers to the sudden and forceful erosion of land by a river,
leading to a decrease in the landowner's holding.
• Ownership: Similar to alluvion, the ownership of land lost due to diluvion isn't
explicitly addressed in the M.P. Land Revenue Code. However, the land is generally
considered lost to the river and becomes part of the riverbed, which is typically
government property.
• Revenue Implications (Section 203(3)): This section offers relief to landowners who
lose land exceeding one acre due to diluvion. It allows for a reduction in land revenue
payable on the remaining holding. This acknowledges the hardship caused by the loss
of land.
• Historical Context: The M.P. Land Revenue Code draws upon earlier land revenue
regulations in India. Understanding these historical roots can provide further context.
• Case Law: Court judgments interpreting the M.P. Land Revenue Code provisions
related to alluvion and diluvion can offer valuable insights into practical application.
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• Record of Rights (RoR) (Section 107): This crucial document specifies details about
land ownership, including:
o Landowner's Name and Address: Section 107(1) mandates the RoR to
identify the owner(s) of the land parcel.
o Khatauni Number: This unique identifier helps track individual landholdings
within a village (Section 107(2)).
o Land Classification: The RoR categorizes land based on its usage
(agricultural, residential, etc.) – relevant for revenue assessment (Section
107(3)).
o Land Area and Boundaries: The RoR specifies the land parcel's area and its
demarcation based on survey data (Section 107(4)).
o Tenancy Details (if applicable): For lands with tenants, the RoR records their
rights and obligations (Section 107(5)).
• Map/Survey Data: Land records are often linked to maps or survey data depicting
the land parcel's location, boundaries, and physical features.
Here's a breakdown of some key sections and related cases that highlight the importance of
land records:
Landowners in Madhya Pradesh can access their land records through various channels:
• Local Patwari: The village revenue officer, the patwari, traditionally maintains land
records.
• Online Land Records Portal: Many districts in Madhya Pradesh have online portals
for accessing land records.
• Revenue Department Offices: Land records can also be accessed at the district and
tehsil level revenue department offices.
Maintaining Accuracy:
The accuracy and timeliness of land records are crucial. Landowners should be vigilant about
any discrepancies and take necessary steps for rectification as per the M.P. Land Revenue
Code provisions.
Note: This explanation stayed within the 2000-word limit by focusing on core concepts and
avoiding excessive case details.
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• Section 157: This section establishes a single class of landholder recognized by the
state – the bhumiswami. It essentially declares that all land ownership ultimately
stems from the state government.
o Key takeaway: Bhumiswami signifies a landholder with a recognized stake,
but not absolute ownership.
• Prior Tenants and Muafidars (Subsection 1(a)): This provision grants bhumiswami
status to those who held land as tenants or muafidars (holders of rent-free land grants)
before the enactment of the MPLRC.
• Pakka Tenants (Subsection 1(b)): The code recognizes pre-existing "pakka tenants"
(hereditary tenants with certain occupancy rights) as bhumiswamis.
It's important to note that the MPLRC has undergone amendments since its inception. Here's
a crucial update:
While not absolute owners, bhumiswamis enjoy significant rights under the MPLRC:
• Right to Possession and Use: Bhumiswamis have the right to possess, use, and enjoy
the land they hold.
• Right to Inheritance: Bhumiswami rights can be passed on to heirs as per applicable
laws.
• Right to Transfer (Limited): Although some restrictions might apply, bhumiswamis
generally have the right to sell or transfer their landholdings (refer to specific sections
of the MPLRC for details).
• Land Use Restrictions: The MPLRC or other relevant laws might impose restrictions
on land use (e.g., conversion of agricultural land).
• Revenue Obligations: Bhumiswamis are liable to pay land revenue to the state
government as determined by the MPLRC.
• Eminent Domain: The state government retains the right to acquire bhumiswami
land for public purposes under due process.
Understanding the Nuances:
Consulting relevant case laws can offer deeper insights into bhumiswami rights and
interpretations. However, delving extensively into specific cases would push us beyond the
2000-word limit.
Conclusion:
The concept of bhumiswami under the MPLRC establishes a system where the state retains
ultimate ownership, while recognizing significant land rights for individuals classified as
bhumiswamis. This framework balances state interests with promoting land use and
development.