Types of land in India: An Overview


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Types of land in India: An Overview

  1. 1. qwertyuiopasdfghjklzxcvbnmqwertyui opasdfghjklzxcvbnmqwertyuiopasdfghj klzxcvbnmqwertyuiopasdfghjklzxcvbn Types of Land in India : An Overview Land Law Project mqwertyuiopasdfghjklzxcvbnmqwerty uiopasdfghjklzxcvbnmqwertyuiopasdfg hjklzxcvbnmqwertyuiopasdfghjklzxcvb nmqwertyuiopasdfghjklzxcvbnmqwert yuiopasdfghjklzxcvbnmqwertyuiopasdf ghjklzxcvbnmqwertyuiopasdfghjklzxcv bnmqwertyuiopasdfghjklzxcvbnmqwer tyuiopasdfghjklzxcvbnmqwertyuiopasd fghjklzxcvbnmqwertyuiopasdfghjklzxcv SuperviSed by: bnmqwertyuiopasdfghjklzxcvbnmqwer Mr. Alok verMA tyuiopasdfghjklzxcvbnmrtyuiopasdfghj SubMitted by: preShthA Singh klzxcvbnmqwertyuiopasdfghjklzxcvbn A3211110010 b.A.,l.l.b.(h) mqwertyuiopasdfghjklzxcvbnmqwerty Section A bAtch 2010-2015 uiopasdfghjklzxcvbnmqwertyuiopasdfg 7 SeMeSter hjklzxcvbnmqwertyuiopasdfghjklzxcvb th 1
  2. 2. ACKNOWLEDGMENT This project deals with the topic “Types of Land in India: An overview”. I would like to show my gratitude to our Land Law subject teacher “MR. ALOK VERMA” for his constant guidance and support. I would also thank our Director Sir for providing us with such oppurtunities. I owe it to the library and librarian of our Amity Law School,Noida for providing us with the contents for research used in this project. I am also thankful to all my friends and family for helping me out to make this project. I hope this project serves its purpose and is worthwhile to all its readers. Preshtha Singh A3211110010 7th semester B.A.,L.L.B.(H) Section A 2
  4. 4. INTRODUCTION This Project deals with the topic “Types of Land in India :An Overview”. I have tried to incorporate various articles,legislations and case laws in order to provide a better understanding of the subject matter of the project. 'Land' includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land: Law of Property Act 1925 s 205(1)(ix) 'Land' also includes land covered with water: Land Registration Act 2002s 132(1). Various topics illustrate the understanding of the project, such as : The definition of land and fixtures, What is land and the use of land, why is land important, what in land law and the types of land in India in detail which are Forest Lands, Agricultural Lands, Pastures and Grazing lands, land for human settlement – Residence, Real Estate, Commercial Lands and Farm. I hope this project helps in clear understanding of the topic to all its readers and serves its purpose and gets well appreciated by one and all. 4
  5. 5. WHAT IS LAND? 'Land' includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land: Law of Property Act 1925 s 205(1)(ix) 'Land' also includes land covered with water: Land Registration Act 2002s 132(1). Where a person 'owns' a piece of land, what they in fact own is an estate in the land which is defined by the length of time of their ownership and the physical boundaries - these are usually as outlined on the title plan although such outlines are for general guidance (See Land Registration Act 2002, s.60(1)-(2)) and the actual boundaries are defined by reference to both the plan and to other evidence - subject to a number of rules such as the 'hedge and ditch' rule and 'ad medium filum'. Estates in land may be classified as corporeal and incorporeal hereditaments (a hereditament is any real property which on an intestacy occurring before the commencement of this Act [1 Jan 1926] might have devolved upon an heir: Law of Property Act 1925, s.205(1)(ix)). A corporeal hereditament refers to a tangible and physical aspect of the land, whereas an incorporeal hereditament refers to intangible rights that may be enjoyed in, over or in respect of the land. Collectively, corporeal and incorporeal hereditaments are referred to as 'realty', as distinct from 'personalty' (which refers to personal or movable property). Corporeal hereditaments may include aspects that are substantial and permanent, which 'affect the senses', and which are constituted by or connected with immovable property. Examples include things that make up the surface (the 'solum') of the land - rock, earth, etc, and things that are attached to or inherent in the ground; buildings, trees, subjacent minerals and some portion of the superjacent airspace (Mitchell v Mosley (1914) 1 Ch 438 at 450). Ownership of such aspects in the land is subject to limitations - unworked coal, for example, is vested by statute in the Coal Authority (Coal Industry Act 1994, ss.1(1), 7(3)) and all rights to petroleum, including mineral oil and natural gas, is vested in the Crown (Petroleum Act 1998 (ss.1(a), 2(1)); also, the Crown may grant exploration and exploitation licences according to s.3(1)). The Crown also has a prerogative right to mines of gold and silver (Case of Mines (1568) 1 Plowd 310 at 336, 75 ER 472 at 510). A further qualification is as to the airspace above the property, curtailing the applicability of the 'cuius est solum eius est usque ad coelum et ad inferos' maxim. It is now accepted that the land owner is entitled to the portion of immediate superjacent airspace whose effective control is necessary for the landowner's reasonable enjoyment of his land at ground level (Bernstein of Leigh (Baron) v Skyviews & General Limited (1978) QB 479 at 488A) . Accordingly, there is no right, in terms of owning airspace, to prevent planes from flying above one's property although in Britain, the Rules of the Air Regulations 1996 (SI 1996/1393) Schedule 1, Regulation 5(1) (e) denote that no aircraft may fly closer than 500 feet to any person, vessel, vehicle or structure. Note that airspace itself can exist as an independent unit of real property (7Macht v Department of Assets of Baltimore City, 296 A2d 162 at 168 (1972) and can thus be conveyed in fee simple (10Reilly v Booth (1890) 44 Ch D 12 at 23), leased (7Macht v Department of Assets of Baltimore City, supra) subdivided (3Bursill Enterprises Pty Ltd v Berger Bros Trading Co Pty Ltd (1971) 124 CLR 73 at 91) and even subjected to land taxes (9Re Trizec Manitoba Ltd and City Assessor for the City of Winnipeg (1986) 25 DLR (4th) 444). Fixtures: There are two considerations for whether an object is a 'fixture' or chattel. The first is the degree of physical attachment, or 'annexation', to the land. The more permanent an object is affixed to the earth or to a building, the more likely it is that it will be classified as a fixture but in any case, even if the mode of annexation is only 5
  6. 6. slight, its character will be one of a fixture (6Holland v Hodgson (1872) LR 7 CP 328 at 335; 11Stack v T Eaton Co (1902) 4 OLR 1335 at 338). In the absence of any connection with the land, and the article is 'no further attached to the land than by its own weight' it will be considered a chattel (Blackburn J in 6Holland v Hodgson supra; see also 5Deen v Andrews (1986) 1 EGLR 262 at 264G and 12Wiltshear v Cottrell (1853) 1 E & B 674 at 689 for further examples). Further, the more difficult it is to remove the item without serious damage, the more likely it is that the item will be seen as something intended to comrprise a permanent enhancement of the realty (see for example Botham v TSB Bank plc (1996) 73 P & CR D1 at D3 per Roach LJ - the contrast here is made between a free standing cooker and that of a split level cooker set into a work surface). What is land use and why is it important? We use land to produce food, fibre, timber and energy – things we depend upon for our existence. The way our use of the land is managed directly influences our environment - from the character of the landscape to wildlife and natural resources. Rural land use is about more than just producing food and timber. It provides jobs for the people who live there - an economic basis for rural communities that influences the quality of life of those people. The relationships between farming, forestry, local communities and the environment have changed over recent decades. Rural land management practices have become more intensified and more specialised. These changes have been linked to declines in biodiversity - the range of species to be found - as well as reductions in soil and water quality. We have also seen a fall in the numbers employed in agriculture and forestry, with a significant effect on many rural communities. Why have these changes come about? They have probably been driven by a combination of factors, including: • the effect of the Common Agricultural Policy (CAP) • technological advances • changing consumer patterns • more demanding societal expectations Increasingly, issues such as market globalisation, climate change and public expectations of the countryside will add to the pressures on traditional rural industries and communities. CCW is a member of an inter-agency group, the Land Use Policy Group, or LUPG. Through this group we try to improve understanding of current policy mechanisms at EU level and to develop common views on how they can be reformed. Land law Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal Land Law Definition | Free Law Resources | Law Teacher http://www.lawteacher.net/land-law/land-lawdefinition.php#ixzz2ft1HRd6K 1 6
  7. 7. property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts. Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting, the occupation of land without ownership, is a globally ubiquitous an Sovereignty, in common law jurisdictions, is often referred to as absolute title, radical title, or allodial title. Nearly all of these jurisdictions have a system of land registration, to record fee simple interests, and a land claimprocess to resolve disputes. Indigenous land rights are recognized by international law, as well as the national legal systems of common law and civil law countries. In common law jurisdictions, the land rights of indigenous peoples are referred to as aboriginal title. In customary law jurisdictions,customary land is the predominant form of land ownership. Land reform refers to government policies that take and/or redistribute land, such as a land grant. Land rights refer to the inalienable ability of individuals to freely obtain, utilise, and possess land at their discretion, as long as their activities on the land do not impede on other individuals’ rights. 2This is not to be confused with access to land, which allows individuals the use of land in an economic sense (i.e. farming). Instead, land rights address the ownership of land which provides security and increases human capabilities. When a person only has access to land, they are in constant threat of expulsion depending on the choices of the land owner, which limits financial stability. 3 Land rights are an integral part of Land Laws, as they socially enforce groups of individuals’ rights to own land in concurrence with the land laws of a nation. Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership. Landesa takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group’s right to actually own land. 4 Laws are important, but they must be backed up by cultural tradition and social acceptance. Therefore, laws concerning land ownership and land rights of a country must be in agreement. Globally, there has been an increased focus on land rights, as they are so pertinent to various aspects of development. According to Wickeri and Kalhan, land ownership can be a critical source of capital, financial security, food, water, shelter, and resources.5 The UN Global Land Tool organisation has found that rural landlessness is a strong predictor of poverty and hunger,6 and negatively impactsEmpowerment and the realisation of Human rights.7 In order to home in on this critical problem of inadequate land rights, TheMillennium Development Goal 7D strives to improve the lives of 100 million slum dwellers. 8 This includes increased land rights for impoverished people, which will ultimately lead to a higher quality of life.9 Although land rights are fundamental in achieving higher standards of living, certain groups of individuals are consistently left out of land ownership provisions. The law may provide access to land, however, cultural 7
  8. 8. barriers and poverty traps limit minority groups’ ability to own land. 10 In order to reach equality, these groups must obtain adequate land rights that are both socially and legally recognised.2 What are the different Type of Lands found in India?11 Man along with all the plants and animals has been living on the surface of this earth for years together. He has been using the soil, water-bodies, forests, grasslands, animals, minerals etc. all related with land in various ways for his living. Man gets the primary needs of living like food, clothing and shelter from the land itself. All human settlements, roads, agriculture, grazing of domestic animals, establishment of industries etc. are done on land. So, land is our most important primary natural wealth. Land or the surface of the earth is not alike everywhere. Natural resources are also not equally available everywhere on the land surface. Man, too, does not utilize land equally at all times. Land has been being used differently at different times with the growth of civilization. The primitive man, when he was living in caves of hills, did not know anything about agriculture. Almost the entire land surface was covered with forests. Man, in those bygone days, used to earn his living by collecting fruits and roots from the forests and by hunting birds and animals. He began to live at one place permanently when he gradually became intelligent and knew agriculture. So, human settlements, roads, and various institutions were set up. 2Adi, D.N. (2009). Critical Mass Representation in Uganda. 1-38. 3 Adi, D.N. (2009). Critical Mass Representation in Uganda. 1-38. 4 Hanstad, T. (2010). Secure Land Rights. Landesa 5 Hanstad, T. (2010). Secure Land Rights. Landesa 6 Centre on Housing Rights and Evictions (2009), Housing and Property Restitution for Refugees and Displaced Persons, 3-5. 7 UN Global Land Tool Network (2010)http://www.unhabitat.org/content.asp?cid=2798&catid=283&typeid=24&subMenuId=0 8 Millennium Development Goal Monitor: Tracking the Mellennium Development Goals. (2010)http://www.mdgmonitor.org/goal7.cfm 9 Wickeri, E. & Kalhan, A. (2009). Lands Rights Issues in International Human Rights Laws. Institute of Human Rights and Business 10Hanstad, T. (2010). Secure Land Rights. Rural Development Institute. 11. http://www.preservearticles.com/201106168063/type-of-lands.html 2 8
  9. 9. Therefore, land was mainly used for forests, pastures, farming, human settlements and such other useful purposes. Type of Lands: India is one of the largest countries of the world. It ranks seventh in respect of size, and second in respect of population. The total land area of India is 32 lakh 87 thousand square kilometers. Three major types of lands are found in India in respect of its relief, such as, mountains, plateaus and plains. About 29% of our total land areas are mountains, 28% plateaus and 43% plains. The mountains include the high Himalayan mountains in the north, the Aravalli ranges and the Western Ghats in the west, the Vindhyas and the Sapura range at the centre, the Eastern Ghats in the east, the Agro, Khaki and Jacinta range in the north east. The plateaus include the Chhotnagpur Plateau, the Amarkantaka, Malawi, Karnataka and the Deccan plateaus. The plains include the Gang etic plains in the north, the Brahmaputra valley, the east and the west coastal plains and the flood plains of different river valleys of India. About 80% of the total land area of India is utilized by man. This land utilisation of man is influenced by the relief, climate, soil as well as man's social and economic conditions. According to use, lands in India are utilized as forest-lands, pasture and grazing lands, agricultural or farm lands, settlement and other such purposes. Forest Lands: India was covered with dense forests in primitive ages. More and more lands were needed for agriculture, settlement industry, roads etc. with the growth of population. So man utilized land by cutting down and cleaning the forests in order to fulfill his growing needs. Now only about 22% of the total land area of our country is covered with forests. The National Forest Policy formulated in the year 1952 proclaims that about 33% of the country's total land area should be covered with forests in order to maintain ecological balance in our environment. It will control the country's climate and the country will be saved to a great extent from the ravages of flood, drought and cyclones. Therefore, there should be forests in about 60% of lands in hilly areas and 20% of lands in the plains. According to law, these forests are of three categories; such as, reserved forests, protected forests and unclassified forests. Valuable forests are taken as the reserved forests, for which about half of the total lands under forests have been conserved. Man gets many useful forest products from the forests. Forests play vital role in checking soil erosion, controlling flood, increasing the amount of rainfall and creating favourable conditions in the local climate. That is why forests are an important natural wealth of the country. Forests of India are being destroyed owing to various natural as well as man-made causes. So the extent of forests is gradually diminishing. In some hilly areas of the country, the Advises adopt shifting cultivation by clearing forests. Such type of farming is known as "pod" on "tail" cultivation in Orissa. At some places forests are cut down to raise farm 9
  10. 10. lands, settlements, industries, roads etc. Cattle also treat forests as their grazing ground thereby the seedlings and finally the forests are destroyed. Only 2% of the total forest land of the world is in India. But 15% of the total world population and 13% of the total cattle population depend on forests. It is known as biotic pressure. Such enormous pressure is an important reason of deforestation. Besides, floods, cyclones and land erosion etc. also diminish the forest areas of our country. Various projects like afforestation, social forestry, farm forestry etc. are being worked out in order to increase the forest area and efforts are being made to bring more land under forests. Artificial forests are being raised on waste lands in village and town areas under the social forestry scheme. Plantations are likewise in progress on bunds and plots dividing boundaries under the farm forestry scheme. By means of afforestation, the destroyed forests of hills, mountains and plateaus are being developed and thereby the extent and density of forests are increasing. Pastures and Grazing Lands: There are pastures and grazing lands of about 4% of the total land area of India. These are mainly seen in hilly areas. We don't have any definite grassland area. So, pastures are almost mingled with the forests of hilly areas and dwindled forests of the foot hills. In the past, there were some definite grazing lands in each village of India. But it is almost non-existent, so to say. These are being used for human settlement and such other related purposes. Now, pastures and grazing lands are seen mainly in the foot hills of the Himalayan Mountains, the Eastern and the Western Ghats and the north-eastern mountain areas. It has been very much necessary to grow more food by adopting farming on more and more lands owing to the growth of population and for want of rains for about eight months a year as a result of which it is not possible to spare definite land areas for grazing purposes. Himachal Pradesh has the maximum land under pastures and grazing lands in India. Land for Agriculture or Farm Lands: India is primarily an agricultural country. About 55% of the total land areas are used for growing food-crops, vegetables, cash crops and fruit. Food-crops are grown on about 45% of land out of the total 55% under cultivation. Vegetables and fruit are grown on the rest of the lands and some lands are left without any cultivation occasionally. India has more farm lands according to its land area as compared with the other countries of the world; but it is strange that the agricultural products are less. Plains, river-valleys, flood-plains and delta areas are mostly used for agriculture. Very limited farming is done on the plateaus and mountain-slopes. Shifting cultivation or pod cultivation is carried on by clearing the forest areas. Only paddy is cultivated on about three-fourths of the total land under food-crop cultivation, as rice is the staple food of the people in most parts of India. Wheat is grown on less amount of land than this; the area of farm lands is increasing year after year as more people depend on agriculture. The area of land under food-crop 10
  11. 11. production in 1951 has by now increased by one and a half times; but the per capita holding of arable land has been decreasing gradually because of rapid growth of population. Land under human settlement etc.: About 19% of the total lands in India are being used for settlement of villages, towns, roads and rail-roads, airports, factories and for educational, health and administrative organizations. As per 1981 census, there were 3,949 towns, 557, 137 villages having human settlements and 48,087 villages having no human settlement. A major portion of lands is also being used in construction of roads and rail-roads for communication among those towns and villages. Some lands are also being utilized for establishing industrial organizations, and setting up schools, colleges, universities, dispensaries and various offices. Agricultural Land312 The overall growth of the Indian economy has depended much on the performance of agriculture. With a share of 2.7% of the world agricultural production, India is ranked sixth in the world. Major part of agriculture in the country is rain fed. Agriculture is also the single largest source of employment in India, even though its contribution to the national economy has been shrinking over the years. About 54.7 percent of the land area is arable in India and groundwater resources are considerable. The Gangetic Plain is one of India's most fertile regions. In this area, as well as in the peninsular deltas, groundwater is plentiful and close to the surface, making year-round irrigation possible. These Agricultural Lands may produce two or three harvests a year. Most of India's wheat and rice are grown here. Land Types in India India has a wide range of Agricultural Land, each type being particular of a specific locality. Alluvial and black cotton soils are the two most important soil groups for agricultural production that are found in the great Indo-Gangetic Plains, in the valleys of Narmada and Tapti in Madhya Pradesh and the Cauvery in Tamil Nadu. The black cotton soils cover the States of Maharashtra, Gujarat, Madhya Pradesh, Karnataka, Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Rajasthan. These are considered good for cultivation of cotton, cereals, pulses, oil seeds, citrus fruits, vegetables, etc. In addition, Red Agricultural Land are primarily found in Tamil Nadu, Karnataka, Kerala, Maharashtra, Andhra Pradesh, Madhya Pradesh, Bihar and West Bengal. These are most suited for rice, millet, tobacco and vegetable cultivation. Southindiaplots.com provides you with all information on Agricultural Land in India. Commercial India's property markets are craze driven largely by the rapid expansion of its information technology industry and the simultaneous growth of its middle class. The Commercial Land is fast becoming pricier as the Indian Cities are suddenly experiencing a boom in Marts, Market Plazas, Malls, and Shopping Complexes with the International brands making their presence felt in India in a big way along with new local Retailers. Although there is no specific national statistics, yet upon researching it is found that there are thousands of commercial, retail, and residential projects springing up across the country. In 2004, developers erected 18 million square feet of commercial buildings in India. 312 http://www.southindiaplots.com/types_of_land.php 11
  12. 12. In 2005, 23 million square feet of new space will come on the market, and the number will rise to 50 million in the upcoming years, according to global real estate services providers. The building surge is restrained compared with China, where 25 million square feet of commercial and 200 million square feet of residential space will be built this year in Beijing alone. Nevertheless, experts think India has as much potential as China especially if the government removes a maze of restrictive regulation. The investment hot spots now are the technology driven growth centers of Bangalore, Bombay, Hyderabad, Madras, and Gurgaon, a suburb of New Delhi. The real estate boom has also hit other cities such as Pune in the west, Jaipur and Chandigarh in the north, and Kolkata in the East. The country's commercial and residential real estate market is valued at about $50 billion now, and is expected to grow 25% annually. Rental income yields are more than 12% in India, compared with 9% in China and 5% to 8% in developed markets of the world. No one doubts, though, that there is a real need for new construction to keep pace with India's robust 7% economic growth. Southindiaplots.com gives you all information on Commercial Land. Farm Farm Land is 54.7% of the total landmass. Indian people are mainly employed in Agricultural activities thus farmlands are found all over India. When we pass Punjab the yellow mustard flowers welcomes us, while when we pass West Bengal the green rice fields beckon us. There are many types of Farmlands in India, converted to Orchards, some to Shrimp Farms or Aqua Farms. The traditional Farmlands mainly found in villages are recreated replete with ponds, Paddy fields and lakes for the rich and famous. Now people live such a cramped existence that the lure of blue firmament, rich green valleys, fish ponds and clear Air is too much to bear! People have now become health conscious more and are trying out new pass times like angling, gardening, breeding fishes and Studs and thus Farm Lands are much appreciated even by the young Achievers. The Home Loans and other financial instruments available have facilitated people to become owners of Farm Lands. In addition, the mercantile groups and High-income professionals are confirmed that the Farm Lands are good as investments, which would give ensured profits and would also be a weekend getaway. The boom in Farm Lands has mainly registered in Delhi, Chandigarh, Uttaranchal, Kodaikanal, Trivandrum, Chennai, Kolkata, Hyderabad, Goa, Mumbai etc. Southindiaplots.com provides you with all inputs regarding Farm Lands in India. Real Estate India' economy is growing with mainly in sectors such as information technology, manufacturing Industries and Retail outlets in India. The Real estate land in India is set for growth and expansion within the next few years. The Income Level has increased and so has the number of young Achievers. The farmhouses, weekend houses, exclusive beach Apartments, Tree Houses are all different types of Real Estate Properties. In this year itself, the Government of India has opened the entry of Real Estate Mutual Funds in the market thus welcoming foreign investments. 12
  13. 13. Bangalore was mainly a city with many Engineering and Medical Colleges, but the moment it started to be famous as Silicon Valley of India, it changed its façade. The Bangalore Information Technology Offices became a hub of High Income Professionals who started to invest in world class Apartments and Houses in Bangalore. Gurgaon became famous after major offices began to open their branches in the vicinity. The place is out of bounds for general people as within a span of 5 years the place has developed tremendously. Gurgaon enjoys immense popularity now due to Posh Apartments, Shopping Complexes, and Shopping Mall, Amusement Parks. The growth has not been restricted to the traditional centers of Mumbai and Delhi alone, but has touched almost all the leading cities of India. This trend has been encouraged by a strong growth in Home Loans and Personal Loans from banks and financial institutions to individuals and businesspersons with minimum interest rates. Some cities in India known as good investments in real estate properties are: • • • • • • • • • Chennai Bangalore Gurgaon Kochi Lucknow Pune Hyderabad Ahmedabad Kolkata Southindiaplots.com provides you with all information on Real Estates land in India. Residential Residential Land is the basic requirement of the populated States of India - Bombay, Delhi, Bangalore, Hyderabad, and Kolkata. To make available land, for building Apartments, the outlying areas of cities, are being developed. All the Cities have become populated due to the emergence of new Industries, rapid expansion of Information Technology Industry, Shopping Complexes, the simultaneous growth of the middle class and low interest Home loans. Gurgaon is the second Information Technology Hub after Bangalore and the upsurge in Real Estate in Gurgaon bears witness to the fact. Income levels of people have increased manifold, which have directly increased their desire to buy the best. There are different types of Residential land available for Penthouses with a sea view or a pool in the backyard, High-rise Apartments with Gymnasium, Restaurant, and Conference Hall with Theatre style seats, Chalets, Garden Houses, Beach Houses or budget Apartments, low budget Apartments. While choosing land for Residence many things should be taken into account though some people buy for sheer prestige value or the lure of World Class Apartments. The Residential Land must enjoy low crime 13 rate and must be developed enough to include Departmental centre, Hospitals, Nursing Homes, Schools,
  14. 14. Colleges, Shopping Plaza and all modern amenities replete with good transport facilities. All the States are now experiencing a boom in Residential properties, as the varieties available are overwhelming! The masses now want to invest in a good Residential plot with an eye for profit. The Ambey Valley is a city developed as a Residential Land, 122 Km from Mumbai. The Sahara India Parivaar is developing Amby Valley as the most luxurious Residential Property of India set in picturesque locales with the best of facilities.Southindiaplots.com gives you all information on Residential lands in India. 14
  15. 15. CONCLUSION This Project deals with the topic “Types of Land in India :An Overview”. I have tried to incorporate various articles,legislations and case laws in order to provide a better understanding of the subject matter of the project. 'Land' includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a manor, an advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land: Law of Property Act 1925 s 205(1)(ix) 'Land' also includes land covered with water: Land Registration Act 2002s 132(1). Various topics illustrate the understanding of the project, such as : The definition of land and fixtures, What is land and the use of land, why is land important, what in land law and the types of land in India in detail which are Forest Lands, Agricultural Lands, Pastures and Grazing lands, land for human settlement – Residence, Real Estate, Commercial Lands and Farm. I hope this project helps in clear understanding of the topic to all its readers and serves its purpose and gets well appreciated by one and all. 15
  16. 16. BIBLIOGRAPHY PRIMARY SOURCES: 1. Law of Property Act,1925 2. Land Registration Act,2002 SECONDARY SOURCES: 1.Land Reforms in India: Constitutional and Legal Approach ... - Page 89 Pramod Kumar Agrawal 1993 2.Land Reforms, Poverty Reduction, and Economic Growth Hari K. Nagarajan - 2008 – 3.Land Reforms in India, Theory and Practice: A Study of Legal Aspects of Land ... By Bikram Sarkar 4.www.law.net 5.www.preservearticle.com 6.www.scribd.com 16