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VALUATION OF TREES IN LAQ CASES


Sl No 1265


Circular Number LAW 31 LSB 66

Date 04/14/66

Section Land Acquisition

Subject Valuation of trees in Land Acquisition Cases

Body GOVERNMENT OF MYSORE

No. LAW 31 LSB 66. Mysore Government Secretariat,
Vidhana Soudha,
Bangalore, dated 14th April 1966.
C I R C U L A R
Sub : Valuation of trees in Land Acquisition Cases.
Ref : Govt. Circular No.LAW 29 LSB 63, dated 18-3-1964.
---
In paragraph (1) of the Circular No. LAW 29 LSB 63 dated 18-3-65 cited above the Land Acquisition Officers were instructed to have the value fixed for the trees, wells and other structures by setting their estimates prepared by the Public works Department Officers, so as to put the matter beyond all rasons of speculation etc., It has been brought to the notice of Government that the Executive Engineers who were requested to evaluatethe trees as indicated in the circular have expressed their nability on the ground that they have no data for the same. The subject was discussed by the Divisional Commissioner, Belgaum in the meeting of the Deputy Commissioners, and it was resolved to request the Government to modify the order in regard to the valuation of trees, and the such valuation may be directed to be made by the Land Acquisition officers with the help of the local Forest Officers.
Therefore, in partial modification of the circular above cited, it is directed that the Land Acquisition Officers, may have the value of the trees and other details thereof prepared and fixed with the help of the local Forest Officers, instead of by the Public Works Department Officers.
(R. Sanjeevulu)
Under Secretary to Government,
Law Department.





NOTABLE DEFECTS IN ACQUISITION PROPOSALS



Sl No 1211


Circular Number RDH-92-LQM-60

Date 08/29/60

Section Land Acquisition

Subject CIRCULAR

Body
GOVERNMENT OF MYSORE

No. RDH-92-LQM-60 Mysore Government Secretariat,
Vidhana Soudha,
Bangalore, dated 29th August 1960.
Bhadrapada (Saka) 1882.
C I R C U L A R


It has been noticed that the proposals sent by the Revenue Officers in Land Acquisition cases, are not accompanied with full information in respect of the proposed acquisition in spite of clear circular instructions issued vide circular No.RDF-64-LQU-58 dated 9-10-1958. These incomplete proposals add to avoidable correspondence and delay in the disposal of cases. Some of the noticeable defects are as noted below:-

a) Not having competent sanction for the land acquisition.

b) No indication to show whether there is adequate provision towards
acquisition charges.
c) No indication of the Budget Head to which the cost
of acquisition is to be debited.

d) Not insisting upon payments of deposit in advance of
Acquisition charges from the Company, Society,
Local Bodies etc.

e) Non-execution of the Agreement from the Company,
Society or other Bodies on whose behalf acquisition
proceedings are undertaken.

f) Writing of draft notifications in pencil, and in some
Cases even if they are written in ink, duplicate
copies are not being sent.

With a view to facilitating speedy disposal of cases pertaining to the acquisition of lands, it is directed that in future, proposals for acquisition of lands should be sent with all the relevant information and particulars as directed in Circular dated 9-10-1958 and also with particulars as in Form D (enclosed).


It is further made clear that such of the proposals which are not accompanied with the above proforma and in which the above noticed defects are existing, in future, will not receive consideration and would be returned.


By Order and in the name of the
Governor of Mysore,


(K. SESHAGIRI RAO),
Under Secretary to Government, Revenue Dept.










BIG HOLDERS TO BE PREFERRED RATHER THAN SMALL HOLDERS



Sl No 1210


Circular Number RDH 112 LQM 60

Date 08/19/60

Section Land Acquisition

Subject CIRCULAR

Body
GOVERNMENT OF MYSORE


No. RDH 112 LQM 60. Mysore Government Secretariat,
Vidhana Soudha,
Bangalore, Dated the 19th August 1960.

C I R C U L A R


In Circular No. RDH 82 LQM 59 dated 24-09-1959 instructions have been issued to the effect that if it becomes necessary to acquire agricultural lands as between two or more lands having equal suitability, lands belonging to persons owning larger extents should be preferred in the selection of lands for the initiation of acquisition proceedings. It has however been observed in some cases that inspite of the above instructions, proposals are being submitted to Government for acquisition of lands belonging to persons who own smaller extent although the lands belonging to persons who own larger extents and of equal suitability are available for acquisition.

The Deputy Commissioners of all Districts are, therefore, requested to instruct all the Officers dealing with land acquisition in their districts to ensure that the instructions issued in the circular mentioned above are strictly followed in all cases of land acquisition.

(K. Seshagiri Rao)
Under Secretary to Government
Revenue Department.






TAKING POSSESSION OF PRIVATE LANDS WITHOUT INITIATING LAND ACQUISITION PROCEEDINGS IS ILLEGAL



Sl No 1209


Circular Number RD 10 GMD 60

Date 04/06/60

Section Land Acquisition

Subject CIRCULAR

Body
GOVERNMENT OF MYSORE

Mysore Government Secretariat,
"VIDHANA SOUDHA",
No. RD 10 GMD 60.
Bangalore, Dated 6th April 1960.
Chaitra, 17th Saka 1882.

C I R C U L A R

It has come to the notice of Government that in good many cases where Agricultural lands have been acquired on behalf of either the State or a Local Body and for which compensation has not been paid, the owners of such lands are not given any relief in respect of the assessment over such lands although they are not in actual possession and enjoyment of the land. Similarly, there have been some instances where agricultural lands, though not regularly acquired, are used for non-agricultural purposes, but the proportionate abatement of assessment over such lands is not given effect to with the result that the assessment is booked in the names of the Khatedars although they are not in possession of the land. Government have examined the position and feel that such a course would mean a great hardship to the Khatedars. As such, Government is pleased to direct as under.


All the officers concerned should note that taking possession of private lands without initiating land acquisition proceedings is illegal and may involve Government in litigation. Therefore, no private land should be taken possession of without initiating land acquisition proceedings. As regards the cases wherein possession of land has already been taken, prior to the issue of this Circular, the assessment will have to be brought on demand every year until acquisition proceedings are completed and the land is shown in Government accounts as Government land or the land of the person on whose behalf it is acquired. At the same time, it would not be correct to ask the former owners to pay the assessment for the periods during which they have not been in possession of the lands. The best course, therefore, is to allow the demand to be shown in accounts until the acquisition proceedings are completed and then the amount may be written off by the Deputy Commissioner.


As regards the cases wherein land acquisition proceedings are initiated and the possession of the land is taken without passing the award and paying the compensation, Kami Eksala (annual abatment) to the extent of assessment over the land taken possession of should be granted by the Nazim Jamabandi (Jamabandi Officer) at the time of annual Jamabandi after ascertaining the fact. When the entire land acquisition proceedings are Finalised and the phodi work is also completed and Kami Jasti Patraks (intimation of rectification of Survey records) are issued then, on the strength of these papers, permanent abatement, in respect of the total assessment over the lands acquired, should be sanctioned by the jamabandi officer.


(D. NAGSETTI)
Under Secretary to Government,
Revenue Department.




Instructions regarding submission of proposals for land acquisition.



Sl No 1195


Circular Number RDF-64-LOU-58

Date 10/09/58

Section Land Acquisition

Subject Instructions regarding submission of proposals for land acquisition.

Body GOVERNMENT OF MYSORE
Mysore Government Secretariat,
Revenue Department,
VIDHANA SOUDHA,
NO.RDF-64-LOU-58 Bangalore, Dated 9-10-1958.
Asvija 17 Saka 1880-
C I R C U L A R

SUBJECT :- Instructions regarding submission of proposals for land acquisition.
* * * * * * * *

It has been noticed that the proposals sent by the Revenue Officers in Land Acquisition cases are not accompanied by full information in respect of the proposed acquisition. In most of the cases there is no indication whether the estimated cost of acquisition has been verified by a responsible officer with reference to the statistics of the sales and leases of lands in the locality. There have been instance where the amount of compensation as per firal award had no relation at all to the estimate furnished while submitting proposals for the acquisition. This has resulted in acquisition being undertaken without a complete examination of al implications. Many cases where Government would have dropped the proceedings or selected some other lands if the estimated cost had been worked out correctly in the fist instance, have come to notice at a very late stage of the proceedings, when it was too late to withdrawn from acquisition. The initiating Departments and the Revenue Officers are therefore requested to furnish full information on the points detailed in the Appended Forms A,B and C while submitting their proposals for acquisition.

The proposal for land acquisition should be sent to the Administrative Department concerned as directed in Government Circular No. RDF-207LQU-57 dated 13-1-1958.

(B.T.NAYAK)
Under Secretary to Government,
Revenue Department.

F O R M -A-

PART I: Preliminary to issue of notification under Section 4 of the Land
Acquisition Act.
* * *


(a) Information to be furnished by the Initiating Department and verified by Revenue Department wherever necessary.
1. District : (d) Other description and also
2. Taluk : description of buildings &
3. Village: other structures, trees etc.
4. Land to be acquired : on the land.
(a) Survey No. or C.T.S.No. or Municipal Number
(b) Assessment.
(c) Extent of land required (Acres & Guntas)

5. Purpose for which land is to be acquired.
6. For whom acquired :-
(a) Department, if acquisition is on behalf of a Government Department.
(b)Person or authority liable to pay compensation, if acquisition is for a Company or local authority or industry.
7. Is the permanent acquisition proposed when temporary acquisition under Sec. 35 (Sec.30 of Hyderabad L.A. Act.) will suffice for the whole or any part?

(b) Information to be furnished by Revenue Department: Action to be taken by Revenue Inspector. Revenue Inspe - Tahsildar's Ctro's Report opinion

1. Whether the area asked for
is genuinely required and has
not been selected out of malice etc..?

2. Is the area asked for palpably
in excess of requirements?
If so, what should be the ade-
quate requirement and why the
acquiring body does not accept that much area?
3. Whether a sketch of the land with boundaries showing :

i) Land under acquisition
ii) Alternative site, if any, suggested either by the interested persons or Revenue Dept.
iii) Fragments; buildings, severance, rights of way, railway track, religious or other public building etc..,

4. Can very much less expensive land be got for the purpose in the Vicinity? If so, why the acquiring body is not according it and insists on the acquisition of the land proposed by it ?

5. Whether the land purposed for acquisition is or is not required for any public, Department or semi-Government purposes e.g. Principal, State Transport etc..?

6. Does the boundary intersect any building or the premises of any building in such a way that section 49 (1) or Sector 40 of Hyderabad Land Acquisition Act might be invoked ? If so, whether the parties will invoke this Section?
7. Does the boundary leave any fragments of land such that excessive demands for severance might arise?

8. Is any religious building, grave-yard, or ancient monument affected?

9. Does the proposal interfere with any public right of way or streams, or water-courses, or drainages, channels for which provision must be made?

10. In urban areas, are there any rights of private access to buildings or rights of light and/or air or drainage likely to be interfered with?

11. Is any of the land occupied either by Military, other Department Court of Wards, Local Board etc.., or is it unoccupied, at the disposal of Government?

12. Whether any of the land belongs to the Harijans, and whether they are opposed to the acquisition and if so, what is the opinion of the social welfare Department.

13. Panch or Mahazar valuation.

14. Is data or leases in five years and valuation of lands in the vicinity on the basis of such leases furnished?

15. Is data of leases in five years and valuation of lands in the vicinity on the bases of such leases furnished?

NOTE : Replies to questions 14 and 15 should be furnished with reference to the entries in Records of Rights where such Records exist. In all areas information regarding unregistered sales and leases should be ascertained locally and furnished. In areas where R.R.Scheme has not yet been introduced information regarding registered transactions should be got from Sub-Registrar's office.

(c) Action to be taken by Tahsildar.

1. If the land is in the vicinity of a Railway, date on which intimation was sent regarding proposed acquisition to Railway Authorities informing them that further action will be taken if no objections are received from them within a fortnight.

2. Whether any replay has been received from the Railway Authorities.

3. Has reference to Social Welfare Department been made if necessary (vide item 12 above)

4. What is final accepted value of land having regard to ( b (13), b(14) and b(15).


(d) Replies to be furnished by Assistant
Commissioner.

1. Has the information furnished by the Revenue Inspector and Tahsildar been checked by the Assistant Commissioner.

2. What is the Assistant Commissioner's opinion regarding the value of the land.

3. (a) Date on which amount in deposited in case of Adquisition for Companies, Industries or local Authority.
(b) Date on which counter-signature is given by Government-Officer in respect of acquisition of land for Government Department.

4. Date of publication of preliminary notification under section 4 when proposals are for issue of notification under Section6.

(e) Additional Information when Section 17 is sought to be applied.
1. Reasons for applying urgency clause To be furnished by
and not resorting to normal procedure Asst. Commissioner.
2. Whether there are any standing To be furnished by
crops and f so, whether possession Revenue Inspector and
will be taken after crops are harvested Tahsildar.
3. Whether the land does not contain
any structures and comes within the ------Do-----
definition of arable or waste land.
* * * * * * * * *
F O R M "B"

Following information (in addition to the information in Form "A") Should be furnished when acquisition is one behalf of a company or a Society :-
( Tobe furnished by Tahsildar and Assistant Commissioner)
(i) Whether the company/Society is a "Company" within the meaning of Section
3 (e) of the Land Acquisition Act?
(ii) Whether it is willing to execute the agreement in the prescribed form? And if so, whether a draft execution of the agreement?

(iv) In case the compensation awarded by the Acquiring Officer or the court, exceeds the estimated cost, whether it would be possible to recover the same from the company, taking into account its financial position?

In case the land is required for housing by the Company/Society additional following additional information should be furnished :-

(v) Whether the housing scheme has been approved by Government and if not, whether it should be approved by Government?

(vi) Whether Government has agreed to bear either the whole or part of the cost of acquisition? If so, Government orders should be quoted.

(vii) What is the number of families to be housed/members of the Society?

(viii) Whether any of them have houses and or house sites, if so, where?

(ix) (Whether the site has been approved by Public Health Department.
F O R M "C"
Following information ( in addition to the in Form "A") should furnished when acquisition is for a new or extension of the present village site :-
( To be furnished by Tahsildar and Assistant Commissioner)

(i) The number of applicants

(ii) Whether any of them have houses and/or houses sites and if so, where?

(iii) Whether they have deposited the cost of acquisition and if the compensation that may be awarded either by the Acquiring officer or the Court exceeds the amount of Deposit? Whether it would be possible to recover the excess amount?

(iv) Whether they are willing to surrender their present house sites? And if not why?

(v) Whether Government has agreed to bear the whole or part of the cost of acquisition ? If so, Government order should be quoted.

(vi) Whether the site has been approved by the Public Health Department?
In case the land is required for housing the Harijans, following information should be furnished : -
(vii) Whether they are willing to form a Co-operation Housing Society? If not, why?

(viii) Whether they are prepared to surrender their present house sites? If not, why?

(ix) Whether they are so poor and destitute that inspite of (vii) and (viii)
Above, should the acquisition be at the cost of Government has agreed to bear the cost and if not, why? ; or in that case should the land be acquired, and how the expenditure should be met?

(x) The Health Officer's certificate regarding suitable of the land for habitation should be enclose







Arable lands kept fallow – taking over by Government. NEEDS IMPLEMENTATION TO INCREASE FOOD PRODUCTION



Sl No 588


Circular Number RD 358 LRM 75

Date 12/15/75

Section Land Reforms

Subject Arable lands kept fallow – taking over by Government.

Body GOVERNMENT OF KARNATAKA

NO. RD 358 LRM 75 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated:15th December 1975.
CIRCULAR

Sub: Arable lands kept fallow – taking over by Government.

- - -
It is the intention of Government that no arable land should be left fallow by farmers. This policy of the Government has already been enshrined in the existing provisions of the Land Grant Rules and the Land Reforms Act and Rules.

Under the Land Grant Rules, Government lands are granted to eligible agriculturists for cultivation with the condition that the grantee should being the land under cultivation within Deputy Commissioner may extend this time upto 5 years if he is satisfied that the grantee could not do so for bonafide reasons. For any contravention of the above condition, the grant is liable to be cancelled and the land resumed to Government free from all encumbrances.

Under the Land Reforms Act 1961 (as amended), Sections 84 and 85 empower the Assistant Commissioner having jurisdiction over any area to take over the lands which are left uncultivated for over two consecutive years and lease them to others for a period not exceeding 5 years.

Under Section 60 of the Karnataka Land Reforms Act, the lands whose occupancy rights have been registered in the name of a tenant should be resumed to Government and disposed of in accordance with the provision of Section 77 of the Land Reforms Act, if the tenant fails to cultivate the land personally for three consecutive years. There is a similar provision under Rule 26 of the Karnataka Land Reforms Rules in respect of the grantees of the surplus lands.

The above provisions are brought to the notice of all the Assistant Commissioners/Tahsildars and they are requested to take immediate action wherever necessary in accordance with the above provisions. They must ensure that no arable land is left fallow.


(B.M. Nagaraj)
Asst. Spl. Officer for L.R. & Ex-officio,
Under Secy. to Govt. Rev. Dept.






RECORDS WHICH THE VILLAGE ACCOUNTANT TO MAINTAIN



Following are the records which the Village Accountant is required to maintain: -

i) Register of Lands of Khetwar Patrika and its Abstract.
ii) Record of Rights, Tenancy and Crop Inspector Register (R.T.C) (Form 16).
iii) Khata (Ledger) (Form 24).
iv) Khirdi (Day Book) (Form 25).
v) Receipt Book (Form 36).
vi) Subsidiary Register showing the Demand and Collections of Land Revenue, Misc.Revenue. Cassess, etc.
vii) Monthly D.C.B. Statement.
viii) Register of Other Fixed Revenue.
ix) Takrar Taktha or Takrar Faisal Patrika.
x) Maintenance of Boundary Marks Register.
xi) Mutation Register (Record of Rights) (Form 12)
xii) Disputed Cases Register (Record of Rights) (Form 8)
xiii) Coercive Process Register.
xiv) Jamband Kammi-Jasthi-Goshwar, i.e. General Abstract of Lands and Revenue.
xv) Miscellaneous Papers :-
a) Register of grant of Certified Copies.
b) Fasal Goshwar (Crop Abstract).
c) Banjar Taktha (Government Waste Lands).
d) Kulwar Paki Patties under different items of Revenue.
e) Village Vital Statistics.

NORMS TO BE FOLLOWED IN RECEIVING AND DISPOSING OF REPRESENTATIONS BY REVENUE AUTHORITIES



i) All anonymous complaints should be rejected and destroyed. However, if the complaint is specific and gives details which are verifiable, the matter should be verified.

ii) Complaints in regard to matters which are not pending for more than 6 months, should not, normally, be entertained.

iii) Representation on cases where provisions is available for appeal or revision, cases of allegations of corruption which require action by palekayukta, cases pending in Court should not be entertained.

iv) The petition qualifies to be taken as a grievance, only after the petitioner has earlier sought relief from the local officer concerned and his request has not received adequate or any attention whatever.

v) The tendency to push down a paper to the next subordinate authority should be discouraged. Appropriate action on the representation received should be taken as far as possible, with reference to the information that is available in the office, where representation is received. In case the required information is not readily available, only such information as is required to dispose of the petition should be obtained from subordinate office within a fixed time.




Incorporation of conversion orders and Land Tribunal orders to RTC



Sl No 1801


Circular Number RD 28 MRR 2001

Date 07/17/2002

Section RTC

Subject Incorporation of conversion orders and Land Tribunal orders to Bhoomi - reg.

Body GOVERNMENT OF KARNATAKA

No. RD 28 MRR 2001 Karnataka Government Secretariat,
M.S.Building,
Bangalore, dated: 17th July 2002.
CIRCULAR

Sub: Incorporation of conversion orders and Land
Tribunal orders to Bhoomi – reg.

It has been reported to Government that in many cases, conversion orders issued by revenue authorities are not being entered on Bhoomi and the citizens are being forced to move formal applications for making conversion entries on the Bhoomi system. Similarly as and when Land Tribunal orders are passed, same are not being entered on Bhoomi system.

The Deputy Commissioners are advised to immediately direct all their Tahsildars to incorporate conversion orders and Land Tribunal orders on to Bhoomi as and when they are passed by concerned authorities. Under no circumstances citizens should be forced to give applications for making conversion or Land Tribunal entries.
This Circular is also available at the Revenue Department Internet site

http://www.revdept.kar.nic.in.

(RAJEEV CHAWLA)
Additional Secretary to Government
Revenue Department (Land Reforms)

To,
All Deputy Commissioners.




CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS