1. The document discusses India's land acquisition laws, including the definition of public purpose, procedures for land acquisition, and compensation provided. 2. Public purpose is broadly defined and includes purposes that benefit the general public as well as infrastructure and development projects. 3. Detailed procedures are outlined for notification, hearings, declarations, compensation awards, and taking possession of the land. 4. While the laws have provided more rights and compensation to landowners compared to previous legislation, some argue certain provisions could hinder development projects.

1. Public Purpose
Article 31(2) categorically states that a land can be acquired by the state only for Public Purpose.
Broadly speaking, public purpose would include a purpose, in which the general interest of the
community, as opposed to a particular interest of the individual, in generally and vitally concerned . In
a generic sense the expression public purpose would include a purpose in which where even a fraction
of the community would be involved. It has been identified as a work from which public in general
would derive benefit or be benefited. Anything which is useful to the public, in the sense that it
confers some public benefit, or conduces to some public advantage, is a public purpose . It is the
requirement of public purpose that is determining factor on the question weather or not a particular
land should be acquired, and the considerations of hardships to the individuals cannot outweigh the
question of public demand
Definition of public purpose
Section 2(1) of the Act defines the following as public purpose for land acquisition within India
 For strategic purposes relating to naval, military, air force, and armed forces of the Union,
including central paramilitary forces or any work vital to national security or defence of India or
State police, safety of the people; or
 For infrastructure projects, which includes the following, namely:
 All activities or items listed in the notification of the Government of India in the Department of
Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated 27 March 2012,
excluding private hospitals, private educational institutions and private hotels;
 Projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage
facilities, marketing infrastructure for agriculture and allied activities such as dairy, fisheries, and
meat processing, set up or owned by the appropriate Government or by a farmers' cooperative or
by an institution set up under a statute;
 Project for industrial corridors or mining activities, national investment and manufacturing
zones, as designated in the National Manufacturing Policy;
 Project for water harvesting and water conservation structures, sanitation;
 Project for Government administered, Government aided educational and research schemes or
institutions;
 Project for sports, health care, tourism, transportation of space programme;
 Any infrastructure facility as may be notified in this regard by the Central Government and after
tabling of such notification in Parliament;
 Project for project affected families;
 Project for housing, or such income groups, as may be specified from time to time by the
appropriate Government;
 Project for planned development or the improvement of village sites or any site in the urban areas
or provision of land for residential purposes for the weaker sections in rural and urban areas;
 Project for residential purposes to the poor or landless or to persons residing in areas affected by
natural calamities, or to persons displaced or affected by reason of the implementation of any
scheme undertaken by the Government, any local authority or a corporation owned or controlled by
the State.
When government declares public purpose and shall control the land directly, consent of the land
owner shall not be required. However, when the government acquires the land for private companies,
the consent of at least 80% of the project affected families shall be obtained through a prior informed
process before government uses its power under the Act to acquire the remaining land for public
good, and in case of a public-private project at least 70% of the affected families should consent to the
acquisition process.
The Act includes an urgency clause for expedited land acquisition. The urgency clause may only be
invoked for national defense, security and in the event of rehabilitation of affected people from
natural disasters or emergencies.
Public Purpose includes the following aims:
1. In which general interest of the community, or a section of the community, as opposed to the
particular interests of the individuals, is directly or vitally concerned.

2. 2. Which would preserve or promote public health, comfort or safety of the public, or a section
of it, weather or not the individual members of public may make use of the property acquired;
3. . Which would promote public interest, or tend to develop the natural resources of the state;
4. . Which would enable department of the government to carry on its governmental functions;
5. . Which would serve the public, or a section of it, with some necessarily or convenience of
life, which may be required by the public as such, provided that the public may enjoy such
service as of right; or
6. . Which would enable individuals to carry on a business, in a manner in which it could not be
otherwise be done, if their success will indirectly enhance public welfare, even if the
acquisition is made by a private individual, and the public has no right to any service from
him, or to enjoy the property acquired; or
7. . If the use to which the property would be put, is one of the widespread general public benefit
not involving any right on the part of the general public itself, to use the property or;
8. Which would result in an advantage to the public; it is not necessary that the property, or the
work upon it, should be available to the public as such; the acquisition may be in favour of
individuals, but, in furtherance of scheme of public utility, which would result in
enhancement of public welfare.
One of the test of public purpose is if the purpose would satisfy the expenditure of public funds and in
number of judgements courts have said that government is the best judge of public purpose. The
declaration of public purpose by the government is final except if there is a colourable exercise of
power. To allege mala fide or colourable exercise of power of eminent domain the facts or grounds
should be pleaded in support, which would show at least some nexus between the party for whose
benefit the power is sought to be exercised and the authorities of the state which could support a
reasonable suspicion that there has been an improper exercise, of such power exceeding the ambit of
eminent domain as to constitute a fraud . The power to select the lands is left to reasonable discretion
of the government and the courts cannot interfere in this regard. The view held by court is that a
declaration under Section 6 is a conclusive evidence of public purpose and unless it is shown that
there has been a colourable exercise of power courts cannot go on to look weather it is a public
purpose or not .With the march of civilization, the notions as to the scope of the general interest of
community changes and widens, with the result that old and narrower notions as to sanctity of private
interest or individual no longer stem the forward flowing tide of time and give way to broader notions
of general interest of the community.
Procedure for acquisition
Notification: The first step was the issuance of a preliminary notification in the Official Gazette
informing the public of the proposal to acquire the land. Such notification was intended to alert the
public of the government’s intention for acquisition and generally resulted in freezing the
development of the land as well as its ownership.
Hearing of objections: Any person interested in the land notified for acquisition could file an
objection within 30 days of the date of publication of the notification and every such person had to be
given a hearing by the Collector.
Declaration: After hearing the objections and making further inquiry where necessary, the collector
was required to make a report with his recommendations on the objections for a decision by the
government. After consideration of the report, if the government was satisfied that any particular land
was needed for a public purpose, it would issue a declaration to that effect. There was a requirement
in the Act as amended in 1984 that the declaration should be made within one year of the initial
notification.
Procedure for compensation: After the declaration, the Collector proceeded to mark out the land and
measure it and then give notice that the government intended to acquire the land and invite claims for
compensation for all interests in the land. At the same time, notice had to be given to the occupiers of
any of the land and to all persons known to have an interest in the land. After making enquiries on the

3. claims, the Collector made the award, specifying the area of land, compensation to be paid and “the
apportionment of the compensation among the persons known or believed to be interested in the
land”. The award had to be made within a period of two years of the declaration, failing which the
entire proceeding was deemed to have lapsed. If any person did not accept the award on the basis of
“measurement of land, amount of compensation, or the person to whom it was payable”, or to the
apportionment of the compensation, he had the right to ask for the matter to be referred to a court.
Determination of compensation: The main compensation to be paid to the interested persons was the
market value of land that prevailed at the time of the initial notification. To this had to be added
interest @ 12 per cent for the period between the publication of notification and the date of award or
possession, whichever was earlier. More importantly, the compensation was to be enhanced by 30 per
cent of the market value, “in consideration of the compulsory nature of the acquisition”. There was
also an entitlement to compensation on account of damage to standing crops or the damage caused to
other property at the time of taking possession. There was provision also for payment of reasonable
expenses incidental to change of residence or place of business if such a change was necessitated by
the acquisition.
Possession: After the award had been made, the Collector would take possession of land,“which
thereafter vested absolutely in the government free from all encumbrances”. In cases of urgency, the
Collector would take possession of the land even before the award of compensation once notice had
been given of the intention of the government to acquire the land. In cases of urgency, the declaration
of acquisition could be made even without hearing of objections. A criticism of the relevant provision
is that the law did not define urgency and the determination of what constituted urgency was left to
the subjective determination of the government.
Summary of conclusions and recommendations
The land acquisition laws that India inherited from colonial times were undoubtedly heavily loaded
against the interests of land owners and other people dependent on land for their livelihood. The
LARR Act, 2013, has enhanced significantly the scale of compensation to be received by land owners
and additionally provided for their rehabilitation and resettlement (R&R) in the event of displacement.
Sharecroppers and others dependent on land for their livelihood have been brought within the purview
of compensatory payments and action for R&R. The transparency of the process of land acquisition
has been considerably increased through the processes of social impact assessment and prior consent
of land owners and other affected persons in certain cases. They not only get more compensation but
have a say in whether land acquisition should be undertaken at all. Safeguards have also been
introduced against large-scale acquisition of agricultural land that might diminish food production and
jeopardise food security.
The changes described above have undeniably resulted in a rebalancing between the authority of
government as the custodian of public interest and the rights of individual land owners. While land
owners and other affected persons have gained considerably, it can be argued that some of the
provisions could prove to be stumbling blocks in the process of development. Most people are
reconciled to the increase in compensation and to the additional cost of R&R as these are construed to
be provisions justified from the point of view of fairness and equity, even though there could still be a
fall-out on the process of development due to the increase in the cost of infrastructure, for instance.
However, there is widespread concern regarding the impact that the newly introduced processes of
social impact assessment and prior consent would have on the building of infrastructure and on
industrialisation and urbanisation. There is some worry also that the safeguard for food security might
prove to be a hindrance.
In order to alleviate these concerns, the central government had introduced an amendment bill in
2015, seeking to make a number of changes in the land acquisition statute. The main changes sought
were for alleviating the concerns regarding prior consent, social impact assessment and restrictions on
the use of agricultural land in respect of five categories of projects, viz., those for national security or
defence, rural infrastructure, affordable housing, industrial corridors and infrastructure and social

4. infrastructure. The amendment bill has got stuck in the Rajya Sabha. However, pursuant to Article
254 (2) of the Indian Constitution, six states have already enacted legislation amending the LARR
Act, 2013, exempting or enabling exemption of land acquisition from consent and social impact
assessment requirements and the restrictions in respect of agricultural land for certain categories of
projects as envisaged in amendment bill introduced in Parliament. It is open to other states to follow
the same course, but some of them may not have the political will to push such legislation through. In
those states, the building of infrastructure, industrialisation and urbanisation will suffer. It would be,
therefore, appropriate for the central government to keep trying to generate a political consensus, as
they did in the case of the GST Bill and obtain approval of the amendment bill in Parliament.
Acquisition of land for infrastructure covered by enactments in the Fourth Schedule is already exempt
from the new procedural complexities introduced by the LARR Act, 2013. In respect of infrastructure
projects not covered by the enactments in the Fourth Schedule, as well as for industrial corridors and
affordable housing, the proposed amendment bill or the amendment legislation in the states already
enacted or those that might be enacted in future will eliminate the potential for delays that could be
caused by the application of procedures for prior consent, social impact assessment or for agricultural
land. However, all these three categories of projects will be affected by the increased cost of acquired
land, as a result of which fewer projects will be taken up.
In industrial corridors, the escalation of cost of land may impair the competitiveness of industries.
Similarly, the increase in the cost of land for housing projects will result in a situation in which the
housing provided will not be affordable for the poorer segment of the population. To remedy the
situation in both cases the government will have to grant subsidies to enable the industries set up on
acquired land to remain competitive and to assure that the housing constructed on such land remains
affordable.
The evolution of land use in the last seven decades shows that the construction of public infrastructure
and the processes of industrialisation and urbanisation have not put too much pressure on the
cropland. The proportion of the net area sown to the total area available for various uses increased
from 41.77 per cent in 1950-51 to 46.91 per cent in 1990-91 before declining to 45.49 per cent in
2014-15. The area under non-agricultural uses, which could be assumed to cover public infrastructure,
industries as well as urban settlements, rose slowly from 3.29 per cent in 1950-51, to 6.92 per cent in
1990-91 and further to 8.73 per cent in 2014-15.
However, the future could be different. Tracking urban footprints from night lit areas, a World Bank
study (Ellis and Roberts, 2016) has come to the conclusion that the cities are rapidly sprawling in
South Asia and in the period 1999-2010, urban land area in the region grew at a little more than 5 per
cent per year, almost twice the growth rate of urban population. The study projects on this basis that
the urban area in India could go up six-fold from 23.7 million hectares in 2010 to 146.9 million
hectares in 2050 in the absence of effective urban planning and regulation. Even with such planning,
the urban land requirement .in India in 2050 in the best-case scenario will be 54.8 million hectare or
31 million hectares more than in 2010.
Some of the additional requirement for urban areas could come out of barren and unculturable land,
other uncultivated land and fallow land, but it would be reasonable to assume that at least fifty per
cent of the future requirement of land for urbanisation would come out of cropland (net sown area).
Even if the assumption is set at this minimum, there would be a cropland loss of about10 per cent by
2050. Would it be possible to make good the loss of agricultural production through increased
productivity as well as through multiple cropping? Given the current average level of productivity of
various crops in the country as compared to the levels prevailing in major agricultural producing
countries as well as the additional possibility that exists for multiple cropping, it may not be
impossible to make up for the loss of agricultural production on account of the expected loss of
cropland to urbanisation. The limiting factor will be the availability of water rather than of land. The
overriding imperative for government policy is to undertake effective spatial planning in order to
restrict urban expansion so as to ensure that urban settlements do not occupy more than 55 million
hectares in 2050, creating unacceptable pressure on cropland.

5. Criticism
First, the Act stipulates that consent of affected families and not land owners has to be sought for land
acquisition. The term ‘affected families’ has been defined very capaciously, so it would be highly
difficult to find all affected families and to obtain their consent for acquiring land.
Second, many stakeholders argue that the strict restrictions on the acquisition of multi-cropped land
are unwarranted. Industrialization plays an indispensable role in fostering growth, the argument goes,
and, therefore, its importance cannot be undermined for the sake of food security.
Third, as this articlein the Economic Times indicates, the government has still not framed the relevant
rules pertaining to the Act even though several months have elapsed since it came into force. As a
result, development projects have reached a standstill.
Finally, the government needs to amend 13 acts to bring them in line with the policy outlined in the
Land Acquisition Act. The Act cannot be implemented efficaciously until this is done. A lot still
needs to be done in pursuance of this goal.

6. Objective
Land distribution has been part of India’s state policy from the very beginning.[1]
Independent India’s
most revolutionary land policy was perhaps the abolition of the Zamindari system (feudal land
holding practices). Land-reform policy in India had two specific objectives: "The first is to remove
such impediments to increase in agricultural production as arise from the agrarian structure inherited
from the past. The second objective, which is closely related to the first, is to eliminate all elements of
exploitation and social injustice within the agrarian system, to provide security for the tiller of soil and
assure equality of status and opportunity to all sections of the rural population.” (Government of India
1961 as quoted by Appu 1996)
Categories
There are four main categories of reforms:
 Abolition of intermediaries (rent collectors under the pre-Independence land revenue system);
 Tenancy regulation (to improve the contractual terms including security of tenure);
 A ceiling on landholdings (to redistributing surplus land to the landless);
 Attempts to consolidate disparate landholdings;
 encouragement of cooperative joint farming;
 settlement and regulation of tenancy
Permissible area
(i) where land consists of two or more classes, the permissible area shall be determined on the basis of
relative valuation of sub clases of land, subject to the condition that it does not exceed 21.8 hectares;
(ii) where the number of member of a family exceeds five, the permissible area shall be increased by
one-fifth of the permissible area for each member in excess of five, subject to the condition that
additional land shall be allowed for not more than three such members.
(3) Notwithstanding anything contained in sub-section (2), where any land is comprised in an orchard
[on the appointed day], such land shall, for the purpose of determining the permissible area, be treated
as barani land.
[(4)(a) Where a person is a member of a registered co-operative farming society, his share in the land
held by such society together with his other land, if any, or if such person is a member of afamily,
together wit the land held by every member of the family shall be taken int account for determining
the permissible area;
(b) Where a person is a member of a family, the land held by such person together with the land held
by every other member of the family, whether individually or jointly, shall be taken into account for
determining the permissible area].
(5) In determining the permissible area any land which was transferred by sale, gift or otherwise,
other than a bona fide sale or transfer, after the appointed day but before the commencement of this
Act, shall be taken into account as if such land had not been transferred and the onus of proving the
transfer as bona fide shall be on the transfor.
(6) For the purpose of valuation of land one and quarter hectares of banjar land shall be treated as
equivalent in value to one hectare of barani land.
(7) For avaluating the land of any person at any time under this Act, the land owned by him
immediately before the commencement of this Act as well as the land acquired by him after such
commencement by inheritance, bequest or gift from aperson to whom he is an heir shall be evaluated
as if the evaluation was being made on the appointed day and the land acquired by him after such
commencement in any other manner shall be evaluated as if the evaluation was being mad on the date
of such acquisition.
Selection of permissible area and furnishing of declaration by certain
persons
(1) Every person, who on the appointed day or at any time thereafter, owns or holds land as
landowner or mortgagee with possession or tenant or partly in one capacity and partly in another in
excess of the permissible area, shall select his permissible area and intimate his selection to the
Collectors concerned, through a declaration to tbe furnished in such form and manner and within such

7. period as may be prescribed and if such person had an adult son, out od the land owned or held by
him, subject to the condition that the land so selected together with the land already owned or held by
such son, shall not exceed the permissible area of each such son Provided that where land is situate in
more than one patwar circle, the declaration shall be supported by an affidavit in the prescribed form.
(2) In making the selection, such a person shall include, firstly land mortgaged without possession
and, secondly, land under self-cultivation on the date of commencement of the period prescribed for
furnishing the declaration under subsection (1), but shall not include area declared surplus under the
Punjab law, the Pepsu law or this Act, other than the area which was exempt from utilization by the
State Government immediately before such commencement.
Benefit of own wrong—The surplus land was allotted to them but they could not take possession in
view of the stay order granted by the authorities under the Pepsu Act and by the High Court when the
order passed by the authorities under the Pepsu Act was challenged in a writ petition. The landowner
cannot be allowed to take benefit of his own wrong. He approached the High Court, got a stay order
and the allottees could not obtain possession because of the stay. Mr. Tiwari may be right to the extent
that the possession could not delivered to his clients because of the stay order granted by this Court.
Nevertheless,the fact remains that the landowner was not divested of the ownership of the surplus
land and in view of the mandatory provisions of Section 4 read with section 5(1) of the Act,he is
entitled to select permissible area for his family and for each of his adult son. Rajinder Singh and
another vs. State of Punjab and others, 1989 PLJ 168
Collectionof information in case declarationis not furnished
If any person fails to furnish the declaration in accordance with the provisions of section 5, the
Collector shall obtain the requisites information in the prescribed manner
Determination of permissible and surplus area
(1) On the basis of the information given in the declaration furnished under section 5 or the
information obtained under section 6, as the case may be, and after making such inquiry as he may
deem fit, the Collector shall, by an order determine the permissible area and the surplus area of a
landowner or tenant, as the case may be.
“[(2)] If any person referred to in sub-section (1) of section 5 fails to furnish the declaration or files a
declaration containing which is false or which he knows or has reason to believe to be false or which
he does not believe to be true, he shall be punishable with the imprisonment which may extend to two
years, or with fine which may extend to two thousand rupees or with both].
(4) For the purpose of determining the surplus area of any person,–
(i) any judgement decree or order of a Court or other authority obtained [on or after the appointed
day] and having the effect of dismissing the surplus area of such person;
(ii) a tenancy created [on or after the appointed day] in any land which has been or could have been
declared as surplus area of such person under the Punajb Law, the Pepsu law or this Act;
Vesting of utilized surplus area in the State Government
Notwithstanding anything contained in any law, custom or usage for the time being in force, but
subject to the provisions of section 15, the surplus area declared as such under the Punjab Law or the
Pespu Law, which has not been utilized till the commencement of this Act and the surplus area
declared as such under this Act, shall on the date on which possession thereof is taken by or on behalf
of the state Government, vest in the State Government, free from all encumbrances and in the case of
surplus area of a tenant which is included within the permissible area of the landowner, the right and
interest of the tenant in such area shall stand terminated on the aforesaid date:
Provided that where any land falling within the surplus area is mortgaged with possession, only the
mortgagee rights shall vest in the State Government.

8. Power to take possession of surplus area
(1) The Collector may, by an order in writing after an area has become surplus under the Punjab Law
or the Pepsu Law or becomes surplus under this Act, direct the landowner or tenant or any other
person in possession of such area to deliver possession thereof, within ten days of the service of the
order on him, to such person as may be specified in the order.
(2) If the landowner or tenant or any other person in possession of such area refuses or fails without
reasonable cause to comply wit the order made under sub-section (1), the Collector may take
possession of that area and may, for that purpose use such force as may be necessary.
Amount payable for the surplus area
`fair-rent’ shall mean the value of one fifth of the gross produce of the land determined in the
prescribed manner by the Collector or the officer authorised in this behalf by the State Government.
(2) For the purposes of sub-section (1), the Collector or the officer authorised by the State
Government shall prepare a statement in such form and manner as may be prescribed and shall, after
following the prescribed procedure, apportion the amount amongst the persons, including tenants,
having interests in the land.
(3) where in the surplus area of any person mortgagee rights have vested in the State Government, the
amount payable to the mortgagee shall be the mortgage money due to the mortgagee, or the amount
payable under this section, whichever is less.
(4) The amount shall be payable either in lump sum or in half-yearly instalments not exceeding fifteen
in the manner prescribed.
Disposal of surplus area
(1) The surplus area, which has vested in the State Government under section 8, shall be at the
disposal of the State Government.
(2) The State Government may, by notification in the official Gazette frame a scheme for utilizing the
surplus area under the Punjab law, the Pepsu law or this Act by –
(a) conferment of rights of ownership or tenants in respect of such land as is comprised in the surplus
area of the landowner of such a tenant; and
(b) allotment to tenants, members of Scheduled Castes and Backward Classes of the landless
agricultural workers, of an area not exceeding two hectares of the first quality land or equivalent area,
provided that the total area held or owned by any such allottee after the allotment, shall not exceed
two hectares of the first land or equivalent area.
(3) Any scheme framed by the State Government under sub-section (2) may provide for the terms and
conditions on which the rights of ownership are to be conferred on the tenants and also the terms and
conditions on which the land comprised in the surpkus area is to be allotted.
(4) The State Government may, by notification in the official Gazette add to, amend, vary or revoke
any scheme made under this section.
(5) Notwithstanding anything contained in any law for the time being in force and save in the case of
land acquired by the State Government under any law for the time being in force or by an heir by
inheritance, no transfer or other disposition of land which is comprised in the surplus area under the
Punjab law, the Pepsu law or this Act, shall affect the vesting thereof in the State Government or its
utilization under this Act.
(6) The utilization of any surplus area before the commencement of this Act will not affect the right of
the tenant to purchase land in accordance with the provisions of section 15 of the right of the
landowner to receive rent from the tenant settled on the surplus area till the tenant becomes the owner
thereof.
(7) Where succession has opened after the surplus area or any part thereof has been determined by the
Collector, the saving specified in favour of an heir by inheritance under sub-section (5) shall not apply
in respect of the area so determined
Bar on future acquisition of land in excess of permissible area
(1) Notwithstanding anything to the contrary in any law, custom, usage, contract or agreement, from
and after the commencement of this Act, no person, whether as landowner or tenant, shall

9. acquire or possess by transfer, exchange, lease agreement or settlement any land, which with or
without the land already owned, or held by him, in the aggregate, exceeds the permissible area:
Provided that nothing in this section shall apply to land held by a co-operative society of the land
owned or held by an individual member of the society together with his share in the land held by such
a society does not exceed the permissible area.
Any transfer, exchange, lease, agreement or settlement made in contravention of the provisions of
sub-section (1) shall be null and void.
Power to separate share of landowners in joint lands
(1) Where a person owns land jointly with other persons and his share of such land or part thereof has
been or is to be declared as surplus area, the Collector, on his own motion, may, after summary
enquiry and after affording to such a person on opportunity of being heard, separate his share of such
land or part thereof on the land owned by him jointly with the other persons.
(2) Where, after the declaration of the surplus area of any person and before the utilization thereof, his
land has been subjected to the process of consolidation, the Collector shall slao be competent to
separate the surplus area of such a person out of the area of Land obtained by him after consolidation
in he manner referred to in sub-section (1)
Exemption of lands belonging to religious or charitable institutions
Notwithstanding any judgement, decree or order of any court or authority, the provisions of this
Chapter shall not apply to lands belonging to any religious or charitable institution of a public nature
in existence immediately before the date of commencement of this Act, but not belonging to the
mahant, mohtamim or manager thereof; Provided that the exemption specified herein shall be
admissible till such time only as the land or income therefrom is utilized for the specified purpose of
such institutions and shall not be admissible to the lessees of such lands. Explanation – For the
purpose of this section, `religious or charitable institution’ means –
(i) a temple;
(ii) a gurudwara;
(iii) a gaushala;
(iv) a wakf as defined in clause (ii) of section 3 of the Wakf Act, 1954 Parliament Act
29 of 1954); or
(v) any other religious place of the public nature.
The land declared surplus in the hands of Gurur will remain surplus in the hands of Chela after the
death of Guru because it is not a case of natural inheritance. The second plea taken by the counsel for
the petitioner is that the institution is religious one and under the Land Reforms Act exemption should
have been granted. As the case already been decided under the Punjab Security of Land Tenures Act,
1953 under which no exemption was provided to the religious and charitable institution and it has not
been proved on record that the institution is religious and charitable one, so the plea for granting
exemption is not tenable and has no force. Mahant Sewa Dass Chela Mahant Rattan Dass vs. the
State, 1991 PLJ 710
The main plea taken on behalf of the petitioner is that Akhara Braham Buta is religious and charitable
Institution of a public nature and this is stands exempted under Section 14 of the Punjab Land
Reforms Act and the tenants-respondents have no right to make applications for purchase under
Section 18 of the Punjab Security and Land Tenures Act, 1953 read with Section 15 of the Punjab
Land Reforms Act. The respondents do not fulfill the requisition conditions as laid down in Section
18 of the Punjab Security of Land Tenures Act; that Section 15 of the LandReforms Act cannot
overdrive the provisions of Section 14 of the Act; that the respondent is not in possession of the land
in dispute from the year 1953. Had they been in possession, the tenants permissible area would have
been declared. Akhara Braham Buta vs. Shri Inderjit (since dead) Rep. By his L.Rs., 1991 PLJ 503

10. THE
PUNAJB
LAND
REFORM
ACT
1972

11. THE RIFGT OF
FAIR
COMPENSTATION
AND
TRANSPARENCY
IN LAND
ACQUISITION,
REHABILITATION
AND
RESETTLEMENT
ACT,2013

12. CHAPTER – IV
RECORDS
(THE PUNJAB
LAND REVENUE
ACT,1887)

13. LAND LAW
SUBMITTED SUBMITTED
TO BY
MR.JASKARAN GAGAN DEEP
GOYAL
B.A,LLB
SEM-8TH
SECTION-A
ROLL NO.1507001043

14. PRINCIPLE OF DIRECT
TAXES
SUBMITTED SUBMITTED
TO BY
MS.SUZZANA GAGAN DEEP
GOYAL
B.A,LLB
SEM-8TH
SECTION-A
ROLL NO. 1507001043