Land Laws

SEMESTER -IX
COURSE: B.A.LL.B, B.B.A.LL.B & B.SC.LLB

Subject code-LAL-903

Name of the Instructors:Mr. Sidhartha Sekhar Dash

Mr. Anirudha Choudhury

INDEX
1. Mechanical data.
2. Object.
3. Objectives.
4. Teaching Learning Methodology.
5. Evaluation System
Measurement
Evaluation of Application
Assessment
6. Dispute Resolution.
7. Annexure I: Detailed Syllabus.
8. Annexure II: Readings.

MECHANICAL DATA

1. Course: B.A.LL.B, B.B.A.LL.B, B.Sc. LL.B. (Semester IX)

2. Subject: - Land Laws
3. Nature of subject: General
4. Paper code: LAL-903
5. Name of the teacher: Mr.Sidhartha Sekhar Dash
Mr Anirudha Choudhury
7. Credit hours/week: 6hours
8. Room No:

COURSE DESCRIPTION
The object of this paper is to focus on land reforms and understanding of institution of property
and its recent trends.

OBJECT OF THE COURSE: The object of the course is the conceptual analysis of land
laws.
Objectives:
A) To make students aware of conceptual development of land reforms.
B) An understanding of institution of property and its recent trends.

TEACHING METHODOLOGY
The teaching methodology that shall be adopted in this paper is a combination of lecture method,
case study and research. After introducing a topic by the teacher the students shall be encouraged
to analyze and research the laws and cases on the issues relating to Land Laws .This shall be
followed by discussions.

EVALUATION
The performance of the students will be assessed on the basis of 100 marks divided into Internal
(continuous) Assessment: 20 marks, Mid Semester Examination: 30 marks and End Semester Examination: 50 marks.
Internal (continuous) Assessment 20 marks will be allotted on the basis of a Project work/
MCQ/Case study/Snap Test.
The following syllabus prepared with the above objectives will be spread over a period of one
semester:

Annexure I
Land laws
Syllabus Structure: -

Module I Introduction: Historical and Constitutional Provisions

Property Rights and Concept of Eminent Domain

Pre 1978 Constitutional Amendment Act- Art19(1)(f) Art.31, Art 368
Post 1978 Constitutional Amendment Act-31, Art300-A, Art368

Module II Orissa Estate Abolition Act, 1951

Aims, objective and Constitutional validity.

Definition of Agricultural year, collector, Intermediary, Estate, Khas
Possession,Raiyat
Consequences of vesting of an estate
Certain land in khas possession, continuity of tenure of tenants
Filing of claims, consequence of not filing claims, appeal
Penalty.

Module III Land Acquisition Rehabilitation & Resettlement Act, 2013

Statement and object.

New concept under the Act

Land Bank, Option of the Govt. for lease, Rehabilitation and Resettlement Provisions,
Mandatory Social Impact Assessment Study, Share of Appreciation with Original
Land Owners, Option to the affected Family.
Definition: Affected Family, Agricultural Land, Appropriate Govt, Cost of
Acquisition, Displaced Family, Company, Holding of Land, Land, Landless, Land
owner, Local Authority, Marginal Farmer, Persons Interested, Project, Public Purpose,
Requiring body, Small Farmer.
Classification of the Acquisition & applicability of the Act for acquisition by
appropriate Govt. Various Purpose, for Public Purpose, for PPP projects, for Private
Company for Public Purpose, request by the Private Company to appropriate Govt for
partial acquisition, Purchase by the Private Company for Private Acquisition.

Module IV Land Acquisition Rehabilitation & Resettlement Act, 2013

Mandatory Consultation, Process of Consultation & Social Impact Assessment

Social Impact Management Plan, Publication: Appraisal by Expert Group,
Publication of recommendations and decision of the Govt.

Preliminary Notification(11), Objection of it, Preparation of Rehabilitation and

Resettlement Scheme by Administrator (16) , Review by the Collector(17-1),
Submission to the Draft Commissioner(17-2), Public Approval of the Scheme
(18), Publication of the Draft (19) , Marking out of the Land (20), Notice to
Interested Parties (21) , Enquiry And Award by Collector, Urgency Clause

Compensation Provisions: First Scheduled, Determination of Market Value of

land by Collector and the Parameters thereof, Award of Solatium.

Rehabilitation and Resettlement Awards

Module V Odisha Land Reforms Act 1960

o Historical development of land reform in Odisha
o Aims, scopes and objectives of the Act.
o Definitions- Raiyat, Tenant, Ceiling Area, Land, Classes of Land, Rent, Fair Rent,
Land-holder, Landlord, Homestead, Irrigated Land, Person under Disability,
Privileged Raiyat, Personal Cultivation, Standard Acre, Overriding Effect of the
Act.
o Rights of Raiyat and Prohibition of letting, Eviction of Raiyat
o Rights of Tenant, Resumption of the Land for personal cultivation.
o Restriction on alienation of land by S.Cs and S.Ts and effect of violation
o Ceiling area, determination of ceiling area and disposal of surplus land
o Bar of jurisdiction of Civil Court.
o Land Reforms- The National Policy 2013

Module VI Odisha consolidation of Holdings and Prevention of fragmentation

of Land Act,1972

Consolidation of holding:
Object and reasons, meaning of consolidation, agriculture land, chaka,
consolidation area, fragment
Preparation of Map and Land Register
Preparation of consolidation scheme
Enforcement of scheme
Prevention and fragmentation
Revision, Closure of consolidation operations, Bar of jurisdiction of civil
court

Module VII The Odisha Special Survery and Settlement Act, 2012
. Objective and Definitions; Agency, Land Owner, Licensed Surveyor, Modern
Technology, Recess, Record of Right, Revisional Survey and Settlement
. Special Survey and Settlement
. License Surveyor: Grant of License, Duty of the Surveyor, Dereliction duty and
cancellation of the License.

Module VIII Orissa Agricultural Policy, 2008

. Introduction, Objectives
. Input Managements
. Soil Testing and Restoration of Soil health and Fertility
. Agricultural Research, Education, Extension.
.Watershed Development, Rain fed Agriculture, Organic Farming, Integrated Farming, Post
harvest- Management.
. Agro Enterprise, Agro Processing
. Agri-Credit, Risk Management, Agri-Marketing
Annexure II
Readings: 1. B.H. Eodenpowell Land Tenure in India Vol.-3
2. Bikram Sarkar:Land Reforms in India,Theory and Practice:A study of Legal
3. Taxmans New Law Relating to Land Acquisition Rehabilitation & Resettlement
4. K.Shanmukhan- Law of Land Acquisition And Compensation
5. Kevin J Gray-Land Law
6. Martin Dixon-Modern land law
7. N.K.Das-The Orissa Consolidation of Holdings Manual
8. Pramod Kumar Agarwal-Land Reforms in India:Constitutional and legal Approach
9. Srinivas Mishra-Orissa Estate Abolition Act
10. Samuel Thomas Bledsoe-Indian Land Laws :Being a Treaties on Indian Land Titles
11. Bare Acts of the relevant Laws
Relevant articles and reports
1.
2.
3.
4.
5.

Land Reform in India: Issues and Challenges-Manpreet Sethi

Land Reforms in India: Unfinished Task
Land rights and ownership in Orissa, Status Report, UNDP
Urban Land Ceiling Act, 1976:A Critical Analysis of impact on Housing
Robin, Access to land in Rural India World Bank Policy Working Paper 2123, May, 1999

6. Kumar, Kundan and Pranab Ranjan Chowdhary, A socio-economic and legal study of ST
Land in Orissa.
7. Implemantation of Land Reform- A Review by the Land Reform Implemenatation
Commettee of the NDC, Govt. of India, Planning Commission
8. Draft National Land Reform Policy, 24, July 2013
9. Orissa Agriculral Policy,2008.