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Land Disputes


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Land Disputes

  1. 1. Shekhar Gaikwad
  2. 2. 1) In pre-historic times – Cultivation of land after cutting down forests forests. 2) Formation of Tribes – Tribal Wars – Formation of Villages. 3) “ Land ownership depends on ability of the man to cultivate land.” was the policy given by Kautilya in his Arthshastra. 4) In Vedic Age – A) Area cleared of jungles – belonged to man. ) j g g B) Injured animal – belonged to the archer
  3. 3. 5) The entire area basically belonged to the king. 6) In Mugal period – Jagirs = Rights over land - Authority given = Manasab 7) The British introduced new regulations but respected the old conditions. 8) In independent India – Abolishment of Watan 9) Rayatwari System.
  4. 4. 1. Land Means - A) Area covered by land B) Area covered by oceans c) Land prepared by filling D) Land on the moon E) Land in Antarctica F) Land on Mars
  5. 5. To Land Owner / Land Holder - Proof of Ownership For the Tenant - C Cultivator - For Possession and the Rights of Tenancy For Administration - For Revenue, Planning & Development works
  6. 6. At present there are 4 crore pending court cases in India At least 8 crore parties involved 8x5 = 40 crore people directly involved Property = main reason for court cases Property = main reason in criminal cases also Will take 320 years to decide the pending cases at present rate of disposal “JUSTICE DELAYED IS JUSTICE DENIED.”
  7. 7. 3279 Central Acts in India 30000 Acts of various states Exact number of Acts made by legislative bodies – NOT KNOWN Innumerable Acts, More Advocates Advocates, Less Justice !!!
  8. 8. Not keeping given word Ignorance of Laws Social Causes like ambition, jealousy, enmity, social reasons etc. i l t Administrative Lapses p
  9. 9. 1. 1 Clerical Mistake 2. Procedural Mistake 3. Ignorance of Laws 4. Mistakes due to wrong interpretation of Laws 5. Improper guidance by Senior 6. Basic mistakes in Land Records 7. Overstepping time limits
  10. 10. Rayatwari System of Land Ownership - Land Owner d l di O deals directly with th G t tl ith the Govt. Lands that do not belong to any person roads, rivers, streams, etc. roads rivers streams etc are all Govt Govt. property Land Occupancy – Transferable & Heritable p y Land revenue is paramount charge on land Limited rights in land g Types of occupancy - a) Occupancy Class - 1 b) Occupancy Class - 2 c) G t l s Govt. leasee
  11. 11. 1. Recording of Rights in Land 2. Can not decide disputes of ownership of land 3. Decision is taken on basis of past records & documents 1. Decides ownership of Rights in land 2. Authority to decide rights - land rights, ownership rights & any other rights 3. Decision is taken on basis of original records & documents 4. No authority in 4. Only revenue officers tenancy rights have authority in tenancy matters 5. All Records are for 5. Full authority on collecting revenue/for ll ti /f possession & ownership public purpose matters 12
  12. 12. (Revenue Matters) Tahsildar (Tenancy Matter) Tahsildar S.D.O S.D.O. S D O / Collector Collector Revenue Tribunal(M.R.T.) Tribunal(M R T ) Divisional Commissioner Govt. G t High Court