ShekharShekhar GaikwadGaikwadShekharShekhar GaikwadGaikwad

1) In pre-historic times – Cultivation of land aftercutting down forestscutting down forests.

2) Formation of Tribes – Tribal Wars – Formation ofVillages.

3) “ Land ownership depends on ability of the man3) Land ownership depends on ability of the manto cultivate land.” was the policy given byKautilya in his Arthshastra.

4) In Vedic Age –A) Area cleared of jungles – belonged to man. ) j g gB) Injured animal – belonged to the archer

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 but7) The British introduced new regulations butrespected the old conditions.

8) In independent India – Abolishment of Watan

9) Rayatwari System.

1. Land Means - A) Area covered by land

B) Area covered by oceansB) Area covered by oceans

c) Land prepared by filling

D) Land on the moon

E) Land in AntarcticaE) Land in Antarctica

F) Land on Mars

To Land Owner / Land Holder - Proof of Ownership

CFor the Tenant - Cultivator - For Possession andthe Rights of Tenancy

For Administration - For Revenue, Planning &Development worksDevelopment works

At present there are 4 crore pending court casesin Indiain India

At least 8 crore parties involved

8x5 = 40 crore people directly involved

Property = main reason for court casesProperty = main reason for court cases

Property = main reason in criminal cases also

Will take 320 years to decide the pending cases atpresent rate of disposal

“JUSTICE DELAYED IS JUSTICE DENIED.”“JUSTICE DELAYED IS JUSTICE DENIED.”

3279 Central Acts in India

30000 Acts of various states

Exact number of Acts made by legislative bodies –NOT KNOWN

Innumerable Acts,More AdvocatesMore Advocates,

Less Justice !!!

Not keeping given word

Ignorance of LawsIgnorance of Laws

Social Causes like ambition, jealousy, enmity,i l tsocial reasons etc.

Administrative Lapsesp

1 Clerical Mistake1. Clerical Mistake

2. Procedural Mistake

3. Ignorance of Laws

4. Mistakes due to wrong interpretation of Laws4. Mistakes due to wrong interpretation of Laws

5. Improper guidance by Senior

6. Basic mistakes in Land Records

7. Overstepping time limits7. Overstepping time limits

Rayatwari System of Land Ownership - LandO d l di tl ith th G tOwner deals directly with the Govt.Lands that do not belong to any person -roads rivers streams etc are all Govtroads, rivers, streams, etc. are all Govt.propertyLand Occupancy – Transferable & Heritablep yLand revenue is paramount charge on landLimited rights in landgTypes of occupancy - a) Occupancy Class - 1

b) Occupancy Class - 2c) G t l sc) Govt. leasee

1. Recording of Rights 1. Decides ownership of in Land

2. Can not decide disputes of ownership

Rights in land2. Authority to decide

- land rightsdisputes of ownership of land

land rights, ownership rights &

any other rights

3. Decision is taken onbasis of past records & documents

3. Decision is taken onbasis of original records & documentsdocuments

4. Only revenue officershave authority in tenancy

records & documents

4. No authority in tenancy rightshave authority in tenancy

matters5. All Records are for

ll ti /f

tenancy rights

5. Full authority on

12

collecting revenue/for public purpose

possession & ownership matters

(Revenue Matters) (Tenancy Matter)

Tahsildar Tahsildar

S.D.O S D O / Collector

Tahsildar

Collector

S.D.O. / Collector

Revenue Tribunal(M R T )Collector

Divisional Commissioner

Revenue Tribunal(M.R.T.)

High CourtDivisional Commissioner

G t

High Court

Govt.