Land Laws
Land Laws
Land Laws
UNIT 1
Land is precious for any country and used by people for productivity and as a source of food, for place to
live, for wood, for place to work. In India, before colonial rule the land used to be in the hands of the
community as a whole. However during the British Raj, this was changed.
Lord Carnwallies had introduced Permanent Land Settlement for Bengal, Bihar and Orissa in 1793.
According to this the tax farmers appointed by the British rulers was converted as various Land Lords.
Under this rule they had to pay fixed commission to East India Company. Thus these intermediaries were
formed and called as Jagirdar / Jamindar.
Land is precious for any country and used by people for productivity and as a source of food, for place to
live, for wood, for place to work. In India, before colonial rule the land used to be in the hands of the
community as a whole. However during the British Raj, this was changed.
Lord Carnwallies had introduced Permanent Land Settlement for Bengal, Bihar and Orissa in 1793.
According to this the tax farmers appointed by the British rulers was converted as various Land Lords.
Under this rule they had to pay fixed commission to East India Company. Thus these intermediaries were
formed and called as Jagirdar / Jamindar.
Land reforms & Land Distribution:
In India, there was a practice of land holdings from historic times and it was distributed in a highly
unequal manner and have always been used as a source of social power. To get secure access to land for
the poor and landless, policies of land reform were implemented to benefit poorer section of society since
independence. After that a number of land reforms have been done by the government such as abolition
To make redistribution of Land to make a socialistic pattern of society. Such an effort will reduce the
inequalities in ownership of land.
To ensure land ceiling and take away the surplus land to be distributed among the small and marginal
farmers.
To legitimize tenancy with the ceiling limit.
To register all the tenancy with the village Panchayats.
To establish relation between tenancy and ceiling.
To remove rural poverty.
Proliferating socialist development to lessen social inequality
Empowerment of women in the traditionally male driven society.
To increase productivity of agriculture.
To see that everyone can have a right on a piece of land.
Protection of tribal by not allowing outsiders to take their land.
Land reform legislation in India is categorized in to four main sections that include abolition of
intermediaries who were rent collectors under the pre-Independence land revenue system, tenancy
regulation that attempts to improve the contractual terms faced by tenants, including crop shares and
security of tenure, a ceiling on landholdings with a view to redistributing surplus land to the landless and
lastly, attempts to consolidate disparate landholdings.
Abolition of intermediaries is generally established to be effective land reforms that has been relatively
successful. The record in terms of the other components is mixed and varies across states and over time.
Landowners naturally resisted the implementation of these reforms by directly using their political
influence and also by using various methods of evasion and coercion, which included registering their
own land under names of different relatives to bypass the ceiling, and shuffling tenants around different
plots of land, so that they would not acquire incumbency rights as stipulated in the tenancy law. The
success of land reform was driven by the political will of particular state administrations, the prominent
achievers being the left-wing administrations in Kerala and West Bengal.
Table: Land policy formulation through planning period
Article 31A says that notwithstanding anything contained in article 13, no law providing for:
The acquisition by the state of any estate or of any rights there in or the extinguishment or modification of
any such rights, or
The taking over of the management of any property by the state for a limited period either in the public
interest or in order to secure the proper management of the property, or
The amalgamation of two or more corporation either in the public interest or in order to secure the proper
management of any of the corporations, or
UNIT 2
HUDA
NOIDA
Noida, short for New Okhla Industrial Development Authority, is a planned city[4] located in Gautam
Buddh Nagar district of the Indian state of Uttar Pradesh. It is a satellite city of Delhi and is a part of
the National Capital Region of India. As per provisional reports of Census of India, the population of
Noida in 2011 was 642,381.[5] The city is managed by New Okhla Industrial Development Authority
(NOIDA).[6] The district's administrative headquarters are in the nearby city of Greater Noida.
The city is a part of the Noida (Vidhan Sabha) constituency and Gautam Buddha Nagar (Lok
Sabha) constituency. Minister of State for Culture and Tourism Mahesh Sharma is the present Lok Sabha
MP of Gautam Buddha Nagar, while Pankaj Singh is the present MLA of Noida.[7][8]
Noida was ranked as the Best City in Uttar Pradesh and the Best City in Housing in all of India in "Best
City Awards" conducted by ABP News in 2015.[9][10] Noida replaced Mumbai as the second-
best realty destination, according to an analyst report.[11] Roads in Noida are lined by trees and it is
considered to be India's greenest city with nearly 50% green cover, the highest of any city in
India.[12][13] Noida is ranked 25th cleanest city among cities with less than 10 lakh people.[14]
History[edit]
Noida came into administrative existence on 17 April 1976 and celebrates 17 April as "Noida Day". It
was set up as part of an urbanisation thrust during the controversial Emergency period (1975–1977). The
city was created under the UP Industrial Area Development Act, 1976 by the initiatives of Sanjay
Gandhi.[15] The city has the highest per capita income in the whole National Capital Region. Noida is
classified as a special economic zone (SEZ).[16] The Noida Authority is among the richest civic bodies in
the country.[17]
Geography[edit]
Noida is located in the Gautam Buddh Nagar district of Uttar Pradesh state India. Noida is about 25
kilometres (16 mi) southeast of New Delhi, 20 kilometres (12 mi) northwest of the district headquarters -
Greater Noida and 457 kilometres (284 mi) northwest of the state capital, Lucknow. It is bound on the
west and southwest by the Yamuna River, on the north and northwest by the city of Delhi, on the
northeast by the cities of Delhi and Ghaziabad on the north-east, east and south-east by the Hindon River.
Noida falls under the catchment area of the Yamuna River, and is located on the old river bed. The soil is
rich and loamy
Demographics[edit]
As per provisional data of 2011 census, Noida had a population of 642,381 out of which the male
population was 352,577 and the female population was 289,804. The literacy rate was 88.58 percent.
Under the LARR Act, 2013, if the acquired land remains unutilized for five years then it has to be
returned to the original owners. New provision says that the period after which unutilized land will need
to be returned will be: (i) five years, or (ii) any period specified at the time of setting up the project,
whichever is later.
Land acquisition for private hospitals and private educational institutions
LARR act, 2013 allowed acquisition of land for private hospitals and educational institutions. However
the new bill has removed this clause.
Title of private ‘company’ changed to private ‘entity
LARR act 2013 was applicable to the private companies as defines in the companies’ act 1956 or under
the Societies Registration Act, 1860. Now the bill substituted private entity in place of private company.
A ‘private entity’ is an entity other than a government entity, and includes a proprietorship, partnership,
company, corporation, non-profit organization, or other entity.
Changes to rehabilitation and resettlement
LARR 2013 calls for employment for at least one member of the family. But the amendments change
this provision to ensure compulsory employment to at least one member of such an ‘affected family of a
farm laborer’.
UNIT 3
REAL ESTATE ( DEVELOPMENT AND REGULATION) BILL, 2013
That the Promoter shall be obliged to make all information including the approved plans public on its web
page so provided by the Authorities. The Promoter shall not indulge in any kind of misleading advertising
of the project. In case the Promoter is found to have misled the customer/purchaser, the purchaser shall
have the right to withdraw from the Project and all amounts deposited by him towards booking of the
property shall be completely refunded to him. The major obligations of the promoter under the current
Bill is to adhere to the proposed and approved plans by Competent Authority, provide all documents such
as plans, payment schedules, information about the project being linked to the municipal amenities,
obtain completion certificate, execution of conveyance deed for transfer of title, maintain the building till
the time that the Allottees do not take over the maintenance etc.
The Promoter shall not collect any amounts from the Allottees towards booking of the properties till the
Agreement for Sale is entered into. The Promoter would be required to sign an undertaking stating therein
that he has title in the land, it is free from all encumbrances, timelines for the project shall be adhered to,
setting out the time line and that the Promoter shall be obliged to deposit 70% of the amount realised
from the Allottees from time to time in a separate account to be maintained in a scheduled Bank within 15
days of its realization and utilize the same for that project only. The Promoters shall therefore not be able
to circulate their monies for completion of their other projects thus ensuring timely completion of the
projects. The Promoter shall be required to decare its list of Real Estate Agents as well.
The Allottee shall be obliged to pay the amounts due towards the consideration of purchase of the
pot/building/apartment as agreed upon and in case of any delay in payment the same shall be payable
alongwith interest thereon as agreed between the parties. The proportionate share of Municipal taxes,
water electricity charges , ground rent, registration charges etc. shall also be payable by the Allottee.
REGULATORY AUTHORITY
Under the Bill it has been provided that the Government shall establish an authority which shall be known
as the Real Estate Regulatory Authority whose prime function would be to regulate the real estate
development and to promote the real estate sector. The Authority shall have the Power to set up a Dispute
Resolution Mechanism for amicable settlement of dispute through Mediation, conciliation etc and shall
appoint such officers as it may deem appropriate for the said purpose.
The Authority may upon a complaint made or on a suo moto complaint summon the Promoter, Allottee or
any person connected with such complaint and seek explanation in regard to the complaint so made.
While doing so the Authority shall have the same powers as a Civil Court under the Code of Civil
Procedure 1908. The authority shall also have the power to execute the orders passed by it in case the
party fails to comply.
There is no specific format prescribed under the Bill for making complaints before the Authority however
it has been provided that the Authority shall on a later date prescribe the format , fee etc for complaints,
applications etc.
Having been bestowed with the powers of a Civil Court the Legislative has exclude the Civil Courts from
interfering in such matters unless there is a specific reference from the Authorities itself.
APPELLATE TRIBUNAL
Any appeal from an order of the Regulatory Authority could be preferred before the Appellate Tribunal
within a period of 30 days in the format so prescribed from the date of receiving the order by the
The Bill provides for prosecution and penalties in case there is a default by the Promoter on the following
counts:
If the promoter wilfully neglects to obtain the Registration Certificate he shall be punishable with
imprisonment which may extend to 3 years or penalty which may extend to 10% of the total estimated
cost of the project or both
If the promoter contravenes any other provision of the Act he may have to pay penalty which could
extend to 5% of the total estimated cost of the project
If the promoter wilfully disobeys the orders/directions passed by the Authority he shall be liable to pay a
penalty of Rs. 1 lakh per day which may extend to 5% of the total estimated cost of the project
If the promoter wilfully disobeys the orders/directions passed by the Tribunal he shall be punishable with
imprisonment upto one year or a penalty of which may extend to 10% of the total estimated cost of the
project or both
In case of a Company all persons responsible for the day to day activities of the Company and in-charge
of the affairs of the Company shall be prosecuted unless he is able to prove that the default was not within
his knowledge. The Court before which the case is being prosecuted shall have the power to compound
the offence.
The aforementioned rules, regulations procedures and proceedings as set out in the draft Bill available in
the public domain shall be codified by the Legislature and enacted in all the States and it shall then be the
responsibility of the State to regulate the Real Estate Sector and prevent malpractices of the
Builders/Promoters. The ACT which shall come into being soon shall bring more clarity with regard to
the various forms, formats, applications, fees for applying for various approvals by the Promoters,
formats for filing complaints before the Regulatory Authority and appeal before the Appellate Authority,
and rules relating to the exercise of power by the Regulatory Authorities in States and the Appellate
Tribunal. The enactment of the Bill is most awaited by the promoters and investors as only thereafter
would it be clear whether the attempt to regulate the Real Estate Sector has a positive or a negative
impact on the real estate market.
DELHI APARTMENT OWNERSHIP ACT, 2009
In the past, the regular construction of apartments in Delhi used to cause avoidable litigation, as the rights
and obligations of the apartment owners and associations weren’t set in stone, legally. So in the year
1986, the Delhi apartment ownership Act was drafted and passed by the parliament.
The Act clarifies the rights and obligations of apartment owners, such as in relation to inheritance,
restrictions on transfers like mortgage and sale, and the right to common areas and facilities.
Common Areas and Facilities : Common Areas and Facilities constitutes the land on which the multi-
storied apartment building is located, the gardens, basements, cellars, parking areas, and any other such
creations, and all the structural elements like lobbies, corridors, fire escapes, and beams and columns.
Common Expenses and Common Profits : Common expenses are sums of money, lawfully assessed
against the apartment owners, which go into administration, repair, and maintenance or for modifying
common areas and facilities.
After the deduction of the common expenses, what’s left after balancing all the incomes and profits are
the common profits.
The Key Features Of The Act
The Delhi Apartment Ownership Act, 1986 is applicable to all multi-storied apartment buildings, with at
least two stories and four units, constructed by any group housing co-operative society, person, or
authority, before or after the commencement of the Act.
The Act is applicable to the whole of the union territory of Delhi.
The bye-laws framed by any association of apartment owners should be exactly in accordance with the
model bye-laws framed by the Administrator. In case the association wishes to make any changes, the
members of the association require a prior approval from the Administrator.
According to the Act, every apartment, including its common areas and facilities, will be a transferable
and heritable immovable property. The apartment owner can transfer his apartment and his share of the
non-partitioned common areas and facilities by way of lease, mortgage, sale, exchange, or gift.
Common Areas and Facilities to be used by all apartment owners for intended purposes
All common areas and facilities will be available for use by all apartment owners. The common areas and
facilities will not be divided or partitioned. Each apartment owner will use it for the purpose that it’s
intended for, without hindering or encroaching upon another apartment owner’s right to use the space.
The profits will be distributed, and the expenses charged, to all the apartment owners in proportion of the
percentage of the undivided interest they hold in the common areas and facilities.
Sometimes it so happens that the apartment owner isn’t an occupant of his or her apartment. In this case,
the person currently occupying that apartment needs to pay his or her share of the common expenses.
No apartment owner can make such changes to the structure of the apartment as would lead to the
reduction in the property value and affect the safety and soundness of the property. To do so, one would
have to acquire consent from all the apartment owners of the association.
Excavating a cellar or additional basement, or adding any material structure is the kind of works that are
prohibited.
An apartment owner can easily transfer, purchase, or gift multi-storied residential and commercial
apartments, co-operative group housing society apartments, and private apartments.
Earlier, the apartments in Delhi were monopolized by such parties as the Registrar of the Group Housing
Society, Delhi Development Authority (DDA), and the builders. With the implementation of this Act, this
monopoly comes to an end. All of the rights are now given to the associations of apartment owners.
UNIT 4
The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act, 1980
was enacted on 12th February, 1980 and enforced on 5th October, 1979. The act aims to prevent un-
ethical trade practices which include black-marketing and hoarding of essential commodities, the act
lays provisions for punishment against such persons who commit either of these.
The act empowers state government or central government or an officer not below the rank of Joint