Gujarat Land Revenue Law- Sem 3 (Unit 1 to 6)

Unit 1 1.1. Definitions,
1.2. Constitution and power of Revenue Officers,
1.3. (Section- 4,7, 7A, 8, 8A, 9, 10,12, 12A, 17.
1.4. Land and Land Revenue Section 37,37A, 38, 39,
39A,40,41,42,43,44,45 to 52, 55,56,57
Unit 2
2 .OF THE GRANT, USE AND RELINQUISHMENT OF
UNALIENATED LADE (The Gujarat Land Revenue Code)
2.1 Section -60, 61, 62, 65, 65A,65B, 66,67,69, 69A
Unit 3:
3 The Gujarat Land Revenue Code
3.1 Section: 73, 73A,73AA, 73AB,73AC,73AD,73B,79A
3.2 Records of Rights: 135A to 35L
3.3 Procedure of Revenue Officers : Section 188 to 202
3.4 Appeals and Revision section -203 to 211
Unit 4
4 The Gujarat Tenancy & Agricultural Lands Act, 1948
4.1 History, Introduction, Needs,
4.2 Definitions, Persons to be tenants, Protected Tenants,
Ceiling Area, Economic Holding, Irrigated Land, Rents and its
Maximum and Minimum
4.3 Section-9, 9A, 9B, 9C, 10, 10A, Suspension or Remission of
Rent, Termination of Tenancy for default of tenant, Surrender of
tenancy
Unit 5
5 The Gujarat Tenancy & Agricultural Lands Act, 1948
5.1 Bar to eviction from Dwelling House, Tenants Rights to
trees planted by him, Tenant rights to produce naturally growing
grass, Termination or Tenancy for personal cultivation and Non
Agricultural uses/purposes Section 31 A to 31D, Transfer of Non
Agriculturist Barred
5.2 Construction of water course through land belonging to
other person (Chapter VA)
5.3 Appeal and Revision, Revision Power of collector,
Limitations, Disposal of land transfers or acquisition of which is
invalid.
Unit 6
6 The Right to Fair compensation and Transparency Land
Acquisition, Rehabilitation and Resettlement Act, 2013
6.1 Purposes, Need, Applicability of Act,
6.2 Definitions,
6.3 Determination of Social Impact and Public Purpose
(section-4),
6.4 Public Hearing for social Impact (Secion-5),
6.5 Publication of Social Impact (Section-6), Appraisal of
Social Impact Assessment
Report by an Expert Group
6.6 Publication of Preliminary Notification and
Acquisition(Section-11 to 30),
Reference & establishment authority
6.7 Rehabilitation and Resettlement Award (Section-31 to
42),
6.8 Procedure and Manner of Rehabilitation and
Resettlement (Section -43 to 47),
6.1.1 The Gujarat Prevention of Fragmentation and Consolidation
of Holding Act, 1947:
6.1.2 Object,
6.1.3 Definitions
6.1.4 Determination of Local areas,
6.1.5 Settlement of and determination of Standard areas,
Sections 6 to 14,
6.1.6 Scheme of Consolidation of holdings
Section 15 to 30

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📘 UNIT 1 — Gujarat Land Revenue Code, 1879

(Simple Summary + Key Sections + Examples + Memory Tips)

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🔹 Section 4 – Chief Controlling Authority

Meaning:
The State Government is the chief controlling authority in all revenue matters.
All officers (like Collectors, Mamlatdars) work under its control and directions.

Example:
If there’s confusion about how land tax should be collected, the final decision lies with the State Government.

Memory Tip:
👉 “S4 = State Supreme in Revenue.”

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🔹 Section 7 – Division and Districts

Meaning:

• The State is divided into divisions.

• Each division has districts, and districts have talukas, mahals, and villages.

• This structure ensures proper land administration.

Example:
Gujarat → Ahmedabad Division → Ahmedabad District → Daskroi Taluka → Changodar Village.

Memory Tip:
👉 “7 = 7 levels of land division.”

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🔹 Section 7A – Alteration of Village Limits

Meaning:
The State Government can:

• Alter the limits of a village,

• Merge two or more villages, or

• Create new villages.

Example:
If two small villages have become one due to urban growth, the State can officially merge them.

Memory Tip:
👉 “A for Alter limits.”

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🔹 Section 8 – Collector of District

Meaning:

• The Collector is the chief revenue officer of a district.

• Responsible for collecting land revenue and maintaining law and order related to land.

Example:
Collector manages land allotments, recovery of dues, and disputes regarding land rights.

Memory Tip:
👉 “8 = 1 Collector controls 8 directions of district.”

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🔹 Section 8A – Additional Collectors

Meaning:
State Government can appoint Additional Collectors to assist the main Collector.

Example:
Ahmedabad has an Additional Collector to handle encroachment cases.

Memory Tip:
👉 “A = Assistant Collector.”

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🔹 Section 9 – Assistant & Deputy Collectors

Meaning:
These officers are subordinate to the Collector and assist in his duties.

Example:
Deputy Collector of Daskroi assists Collector of Ahmedabad in tax collection.

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🔹 Section 10 – Duties and Powers

Meaning:
Assistant and Deputy Collectors can perform any duty assigned by the Collector or law.
They can also conduct inquiries and sign official orders.

Example:
A Deputy Collector can decide on land conversion from agriculture to non-agriculture.

Memory Tip:
👉 “10 = Ten hands help Collector.”

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🔹 Section 12 – Mamlatdar

Meaning:

• Mamlatdar is the revenue officer at the taluka level.

• Duties: collect land revenue, maintain land records, and assist in law and order.

Example:
Mamlatdar of Viramgam collects land revenue and maintains mutation records.

Memory Tip:
👉 “12 = 1 Taluka, 2 Duties – collect & record.”

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🔹 Section 12A – Additional Mamlatdar

Meaning:
To manage workload, the Government can appoint Additional Mamlatdars.

Example:
In urban areas like Surat, there can be more than one Mamlatdar per taluka.

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🔹 Section 17 – Village Accountant

Meaning:

• Every village has an accountant (Talati).

• He maintains land records, crop details, tax registers, and prepares public writings like certificates.

Example:
The Talati maintains records of who owns which survey number in the village.

Memory Tip:
👉 “17 = 1 Village, 7 books (records).”

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⚖️ Land and Land Revenue (Sections 37–57)

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🔹 Section 37 – State Ownership of Lands

Meaning:
All land belongs to the Government, unless ownership is proven otherwise.

Example:
If a person cannot prove ownership, land is treated as Government land.

Case:
State of Gujarat v. Patel Raghav Natha (1969) – Government can resume land if it’s public property.

Memory Tip:
👉 “37 = State owns Heaven (land).”

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🔹 Section 37A – Government Power to Dispose of Land

Meaning:
State can grant, lease, or sell unoccupied Government land according to rules.

Example:
Land allotted to industries in GIDC under this section.

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🔹 Section 38 – Power to Decide Land Rights

Meaning:
The Collector decides whether land belongs to Government or private person.

Example:
If there’s doubt whether land is private or public, Collector’s inquiry is final.

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🔹 Section 39 & 39A – Use of Government Land

Meaning:

• The State may assign land for public purposes like roads, schools, hospitals.

• Section 39A gives power to resume land if conditions are violated.

Example:
If land given for a school is used for a factory, the Government can take it back.

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🔹 Section 40 – Revenue from Lands

Meaning:
All land revenue and rents belong to the State.

Example:
A farmer pays annual land tax (assessment) — goes to Government revenue.

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🔹 Sections 41–44 – Liability to Pay Land Revenue

Meaning:

• Occupants must pay land revenue every year.

• Revenue must be paid on time; failure may lead to penalty or forfeiture.

Example:
If a landholder does not pay by due date, the Collector can recover dues as arrears.

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🔹 Sections 45–52 – Assessment of Land Revenue

Meaning:

• The Collector assesses (fixes) how much revenue a landholder must pay.

• Factors: soil type, irrigation, location, productivity.

Example:
Irrigated land near river = higher tax than dry land.

Memory Tip:
👉 “45–52 = How much to pay.”

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🔹 Section 55–57 – Forfeiture and Disposal

Meaning:

• If land revenue is not paid → land may be forfeited to the State (S.56).

• Collector can take possession and resell (S.57).

• Buyer gets clear ownership.

Example:
If a farmer continuously fails to pay tax, Collector can auction the land.

Memory Tip:
👉 “55–57 = Pay or Lose Land to Heaven (Govt).”

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🧠 Quick Revision Table

Section	Topic	Keyword / Memory
4	Chief Revenue Authority	State Supreme
7	Division into Districts	7 levels
7A	Alter Limits	Alter / Merge
8	Collector	Head of District
8A	Additional Collector	Helper
9–10	Deputy/Assistant Collector	Subordinates
12–12A	Mamlatdar	Taluka Revenue
17	Village Accountant	Record Keeper
37	State owns land	Govt is Owner
39A	Violation = Resume	Resume Rights
45–52	Assessment	Revenue Calculation
55–57	Forfeiture	Pay or Lose Land

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📘 UNIT 2: OF THE GRANT, USE AND RELINQUISHMENT OF UNALIENATED LAND

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Unit 2  
2 .OF THE GRANT, USE AND RELINQUISHMENT OF
UNALIENATED LADE (The Gujarat Land Revenue Code)
2.1 Section -60, 61, 62, 65, 65A,65B, 66,67,69, 69A 15 16.6 1,2,3

Section 60 – Written Permission of Mamlatdar or Mahalkari Required

Meaning:
Before taking up or occupying any unoccupied land that has not been alienated, one must get written permission from the Mamlatdar or Mahalkari.

Key Points:

• “Unalienated land” = Government land not given to private ownership.

• Without written permission → it counts as unauthorized occupation (punishable under Section 61).

• Permission ensures record and prevents illegal encroachment.

Example:
Ramesh sees empty government land and starts farming without asking Mamlatdar.
➡ He violates Section 60 — liable for penalty under Section 61.

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Section 61 – Penalties for Unauthorized Occupation

Meaning:
If anyone occupies government or restricted land without permission, they must pay fines and may be evicted.

Important Points:

• Assessment charges: Must pay the assessment (land revenue) for the whole year, even if occupation is for part of it.

• Fine:

  • For agricultural use → fine up to 1% of Jantri (annual rate).

  • For non-agricultural use → fine as per rules under Section 214.

• Eviction: Collector can summarily evict (force removal).

• Forfeiture: Crops, buildings, or materials on that land can be forfeited or demolished.

• Recovery: Costs of removal or encroachment are recovered as arrears of land revenue.

Example:
Meena builds a cowshed on Panchayat land without permission.
➡ Collector can fine her, demolish shed, and recover cost as land revenue arrears.

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Section 62 – Unoccupied Land May Be Granted on Conditions

Meaning:
Collector can give unoccupied land for use after collecting price or auction and attaching conditions.

Key Points:

• Price may include cost of government rights over trees (Section 40).

• Conditions: May relate to usage type, construction, or time limit.

• Rules: State Government can issue detailed rules.

• Price recovery: As arrears of land revenue if unpaid.

Example:
Collector grants 2 acres to Jignesh for a dairy project for ₹1 lakh with condition “No transfer for 10 years.”
➡ Violation → government can cancel the grant.

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Section 63 – Grant of Alluvial Land

Meaning:
If new land is formed by river (alluvial land), it belongs to the Government. Collector may offer it to the neighboring landholder first.

Key Points:

• Offered to occupant of adjoining bank/shore first.

• If refused → Collector can sell to others.

• Price fixed by State Government.

Example:
A river shifts, forming new 0.7-acre land next to Patel’s farm.
➡ Collector offers Patel the land first at a fixed price. If Patel refuses, it may go to another buyer.

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Section 64 – Temporary Right to Small Alluvial Land

Meaning:
If new land formed is small (under 1 acre), the adjoining landholder can use it temporarily till it grows larger.

Key Points:

• When it exceeds 1 acre, it goes back to Government disposal under Section 63.

• Prevents frequent re-surveys for minor changes.

Example:
A small sand patch forms near Ramesh’s land (0.75 acres).
➡ He can cultivate it temporarily until it crosses 1 acre.

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Section 65 – Uses to Which Agricultural Land May Be Put

Meaning:
Occupants can use land for agriculture and related improvements. For other uses → Collector’s permission required.

Key Points:

• Agricultural rights: Farm buildings, wells, tanks allowed.

• Change of use:

  • Apply to Collector → acknowledgement within 7 days.

  • Decision within 3 months; otherwise, permission deemed granted.

• Automatic permission: For residential use in rural areas (outside 5 km from municipal/town areas).

• Penalty: Unauthorized use punished under Section 66.

Example:
Farmer wants to build a farmhouse on his land → must apply to Collector.
If no reply in 3 months → deemed approved.

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Section 65A – Change from One Non-Agricultural Purpose to Another

Meaning:
If land already used for one non-agricultural purpose (e.g., shop) is to be used for another (e.g., factory), Collector’s permission needed.

Key Points:

• Procedure same as Section 65.

• “Non-agricultural purpose” includes residential, commercial, industrial, or educational.

Example:
Land used for a godown now proposed for a school.
➡ Apply to Collector for permission under Section 65A.

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Section 65B – Use for Bonafide Industrial Purpose

Meaning:
Allows automatic use of certain lands for industrial purposes without Collector’s permission, if conditions met.

Key Points:

• Applies where:

  1. Land designated for industrial use under Town Planning Act, or

  2. Declared by State Government through notification.

• Conditions:

  • Occupant has clear title.

  • Land not reserved for public purpose.

  • Only for bonafide industrial purpose (not chemical/petrochemical).

• Collector’s check: Violation can lead to penalties or cancellation.

Example:
Land marked as industrial zone in plan.
➡ A textile unit can start operations directly if title is clear.

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Section 66 – Penalty for Using Land Without Permission

Meaning:
If land is used for another purpose without Collector’s permission → penalty imposed.

Key Points:

• Penalty amount: As decided by Collector, based on land use change and duration.

• Tenant’s liability: If tenant misuses land, both tenant and occupant may be responsible.

• Unauthorized structures/crops can be demolished or forfeited.

Example:
Arun builds a commercial garage on agricultural land without permission.
➡ Collector imposes fine and may seal the property.

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Section 67 – Permission May Be Granted on Terms

Meaning:
Collector can grant permission to use land for non-agricultural purposes under certain conditions.

Key Points:

• Collector may impose fees, conditions, or time limits.

• Rules are guided by State Government.

• Breach of condition can lead to cancellation.

Example:
Collector allows construction of a warehouse but sets condition: “Maintain rainwater harvesting.”
➡ Non-compliance → permission revoked.

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Section 69 – Reservation of Rights of Government to Mines and Minerals

Meaning:
Even when land is granted or occupied, minerals and mines under the land remain property of the Government.

Key Points:

• Government has full rights to explore, dig, and take minerals.

• Landowner cannot object if proper compensation for surface damage is paid.

• Mining operations regulated under Mines and Minerals (Regulation and Development) Act, 1957.

Example:
Farmer owns land, but coal is found underneath.
➡ Government can extract it by paying surface compensation.

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Section 69A – Vesting of Rights in Mines and Mineral Products

Meaning:
All mines and minerals in Gujarat vest in the State Government — whether land is alienated or not.

Key Points:

• Ensures State monopoly over underground natural resources.

• Private exploitation requires a lease or license.

• Unauthorized extraction → fine, seizure, and possible prosecution.

Example:
Contractor extracts stone without a mining lease.
➡ His equipment can be seized and fined under Section 69A + Mines Act.

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✅ Exam Tips for Unit 2:

1. Always link Collector’s power → Grant, Condition, Penalty, or Eviction.

2. Time limits:

   • Section 65 → 3 months for permission.

   • Appeals → under Chapter XIII (within 60 days of order).

3. Key fines/penalties:

   • Unauthorized use → 1% of Jantri value (Sec. 61).

   • Unauthorized construction → forfeiture.

4. Land use change always needs permission unless exempt (rural housing or bonafide industry).

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Unit 3

📘 UNIT 3 — The Gujarat Land Revenue Code, 1879

(Detailed Notes with Bare Act Headings, Explanations, and Examples)

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🟦 3.1 PROTECTION AND RESTRICTIONS ON TRIBAL LAND AND TRANSFERABILITY

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⚖️ Section 73 — Occupancy transferable and heritable

Explanation:
An occupant of unalienated land has the right to transfer or inherit the land only if all land revenue dues are paid and the transfer follows the Code’s rules.
Unauthorized transfer without payment or permission can be cancelled by the Collector.

Key Points:

• Transfer possible only after all arrears of revenue are cleared.

• Collector’s sanction required in restricted areas or for tribal land.

• Breach = land forfeited to the State.

Example 1:
Farmer Raju pays all dues and sells his land to another farmer → Valid transfer.
Example 2:
Farmer Jitu sells land to outsider without clearing land revenue → Collector cancels sale and resumes land.

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⚖️ Section 73A — Restriction on transfer of occupancies

Explanation:
No agricultural land can be sold, leased, or mortgaged to a non-agriculturist without prior Collector’s written permission.
Purpose is to prevent loss of agricultural land to non-farming interests.

Penalty:
Transfer without permission = void; land may be resumed by Government; fine up to 1% of Jantri value.

Example 1:
Farmer sells farmland to city builder without Collector’s approval → Sale void; land taken back.
Example 2:
Collector grants written sanction for sale to agriculturist cooperative → Sale valid.

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⚖️ Section 73AA — Restriction on transfer of occupancies of persons belonging to Scheduled Tribes

Explanation:
A tribal (Scheduled Tribe) person cannot transfer, lease, or mortgage his land to a non-tribal without Collector’s prior permission.
If such transfer occurs, the Collector can restore the land to the original tribal.

Important:
Collector can act suo motu (on his own) or on complaint within 3 years of transfer.

Penalty:
Unauthorized buyer evicted; land forfeited to the Government.

Example 1:
Tribal Bhura sells land to a non-tribal contractor without sanction → Collector cancels sale and returns land to Bhura.
Example 2:
Tribal Nita mortgages her field to bank for a loan → valid if Collector approved before registration.

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⚖️ Section 73AB — Restriction on transfer between tribals and mortgage with possession

Explanation:
Tribal land can be transferred or mortgaged only to another tribal person with Collector’s prior permission.
Mortgage must be in writing and registered.

Purpose: Prevents misuse through false transfers to non-tribals.

Example 1:
Tribal Ramu sells to another tribal in same area with permission → valid.
Example 2:
Tribal sells to non-tribal pretending to be relative → Collector declares void and resumes land.

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⚖️ Section 73AC — Restoration of lands to persons belonging to Scheduled Tribes

Explanation:
If any tribal land was transferred illegally to non-tribals before the 1980 Amendment, Collector may restore such land to the rightful tribal holder.
If restoration not possible, compensation is paid to the tribal.

Example 1:
Non-tribal holds tribal land since 1990 without permission → Collector orders restoration to tribal family.
Example 2:
If building constructed → Government compensates tribal and retains land for public use.

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⚖️ Section 73AD — Appeal and revision in certain cases

Explanation:
Any order made under Sections 73AA to 73AC can be appealed or revised.

Procedure:

• First appeal: To Collector within 60 days.

• Second appeal: To State Government within 90 days.

• Revenue authorities have power to summarily evict and enforce orders.

Example 1:
Non-tribal appeals Collector’s restoration order → Commissioner confirms eviction.
Example 2:
Tribal appeals refusal → Government orders land restoration.

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⚖️ Section 73B — Restriction on partition or sub-division of occupancy

Explanation:
No partition or sub-division of land below minimum prescribed area is allowed.
This prevents creation of uneconomic small holdings.

Penalty:
Unauthorized partition = void; Collector may restore or merge parcels.

Example 1:
Family divides 1 hectare land into four parts of 0.25 hectare → invalid; Collector merges them.
Example 2:
Partition approved for 2 hectares → valid with Collector’s permission.

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⚖️ Section 79A — Power of Collector to summarily evict any person unauthorisedly occupying land

Explanation:
Collector can summarily evict anyone who occupies land without lawful authority.
He can also impose fine up to 5× annual land revenue and recover cost as arrears.

Appeal:
Order appealable to Commissioner within 60 days.

Example 1:
Person builds hut on government grazing land → Collector removes him and fines ₹2,000.
Example 2:
Tenant refuses to vacate after lease expiry → Collector orders summary eviction.

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📘 Importance of Sections 73–79A:

These sections form the legal foundation for tribal land protection and responsible land transfer.
They aim to:

• Prevent alienation of tribal land to outsiders.

• Ensure Collector supervision in transfers.

• Maintain social justice and equitable land ownership.

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🟦 3.2 RECORDS OF RIGHTS (Sections 135A to 135L)

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⚖️ Section 135A — Record of Rights

Explanation:
Every village must maintain a Record of Rights (RoR) for each landholding, showing owner, tenant, and revenue details.

Example 1:
Talati records Patel’s name for Survey No. 12 as owner and cotton as crop.
Example 2:
New land buyer’s details updated after sale registration.

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⚖️ Section 135B — Contents of Record of Rights

Explanation:
RoR includes owner’s name, tenant’s name, rights, liabilities, crops, and restrictions on transfer.

Example 1:
Record shows that land is mortgaged to Co-operative Bank.
Example 2:
Record notes land restricted for agricultural use only.

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⚖️ Section 135C — Acquisition of rights to be reported

Explanation:
Any person acquiring land rights (by sale, gift, lease, mortgage, inheritance) must report to Talati within 3 months.
Failure → penalty up to ₹25 per day.

Example 1:
Buyer reports sale to Talati within 3 months → no fine.
Example 2:
Delay of 10 days → ₹250 fine.

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⚖️ Section 135D — Register of Mutations

Explanation:
Talati records every change in ownership or rights in the Mutation Register and displays public notice for 15 days for objections.

Example 1:
Mutation entry shows sale from Ramesh to Naresh.
Example 2:
Neighbor objects → Mamlatdar holds inquiry.

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⚖️ Section 135E — Inquiry and certification of mutations

Explanation:
After objection period, Mamlatdar verifies documents and certifies entry as correct.
Certified entry = legal proof of ownership.

Example 1:
Sale deed verified → entry certified and effective.
Example 2:
False claim → rejected with written order.

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⚖️ Section 135F — Penalty for neglect to furnish information

Explanation:
Anyone who fails to furnish required information to revenue officers may be fined up to ₹500 or face 1 month imprisonment.

Example 1:
Owner hides transfer details → fined ₹500.
Example 2:
Talati fails to update records → punished by Collector.

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⚖️ Section 135G — Assistance for surveys and maps

Explanation:
Collector may direct Survey Officer to inspect and verify land boundaries to ensure accuracy.

Example 1:
Boundary dispute → survey team verifies map.
Example 2:
Land under irrigation → re-measured for tax adjustment.

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⚖️ Sections 135H – 135L — Legal Value, Presumption & Appeal

Explanation:

• Certified copies of RoR or Mutation Register are admissible evidence in court.

• Entries presumed correct unless proven false.

• Appeals against wrong entries lie to Collector or Commissioner within 60 days.

• Civil Courts generally cannot interfere (jurisdiction excluded).

Example 1:
Court accepts 7/12 extract as valid ownership proof.
Example 2:
Disputed mutation corrected by Collector on appeal.

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📘 Importance of Sections 135A–135L:

• Ensures accurate record-keeping (“7/12 extract”).

• Provides transparency in land ownership.

• Supports loan, sale, and inheritance verification.

• Enables speedy dispute resolution.

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🟦 3.3 PROCEDURE OF REVENUE OFFICERS (Sections 188–202)

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⚖️ Section 188 — Subordination of Revenue Officers

Explanation:
All revenue officers work under the supervision of the Collector, ensuring discipline and consistency.

Example 1:
Mamlatdar submits all orders to Collector for approval.
Example 2:
Deputy Collector reports eviction details to Collector.

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⚖️ Sections 189–191 — Summons and Service of Notices

Explanation:
Revenue officers can issue summons or notices to parties; service must be personal or by registered post/affixture.

Penalty:
Failure to comply → fine up to ₹200.

Example 1:
Person ignores notice → fined ₹200.
Example 2:
Notice affixed on house = valid service.

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⚖️ Section 192 — Power to compel attendance and production

Explanation:
Officer can summon witnesses or documents during inquiry.

Example 1:
Talati summoned to produce mutation register.
Example 2:
Party asked to produce sale deed.

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⚖️ Section 193 — Record of Evidence and Decision

Explanation:
All inquiries must be in writing; decision must contain reasons and be signed by officer.

Example 1:
Collector writes reasoned eviction order.
Example 2:
Mamlatdar records witness statements in land dispute.

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⚖️ Section 194 — Review of Orders

Explanation:
Revenue officer may review own order within 90 days if there’s an error apparent or new evidence arises.

Example 1:
Mamlatdar corrects assessment miscalculation.
Example 2:
Collector reviews his order upon fresh title proof.

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⚖️ Sections 195–202 — Miscellaneous Powers

Explanation:
Cover costs, witness fees, certified copy charges, false evidence penalties, and officers’ authority to enter land for measurement or eviction.

Example 1:
Party pays ₹20 per certified copy page.
Example 2:
Officer enters field to measure encroachment area.

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📘 Importance:

These sections ensure due process, transparency, and administrative accountability in all revenue actions.

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🟦 3.4 APPEALS AND REVISION (Sections 203–211)

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⚖️ Section 203 — Right of Appeal

Explanation:
Any person aggrieved by an order of a revenue officer may appeal to his immediate superior.

Order by	Appeal lies to
Mamlatdar	Collector
Collector	Commissioner
Commissioner	State Government

Time Limit: 60 days (90 days for appeal to Govt).

Example 1:
Farmer appeals against eviction → Collector hears appeal.
Example 2:
Collector’s decision appealed to Commissioner.

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⚖️ Section 204 — Form of Appeal

Explanation:
Appeal must be in writing, signed, and include copy of the impugned order + prescribed court fee.

Example 1:
Appellant attaches certified order copy.
Example 2:
Appeal rejected for missing documents.

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⚖️ Section 205 — Admission or Rejection of Appeal

Explanation:
Appeal filed late may be admitted if reasonable cause shown; otherwise dismissed.

Example 1:
Appeal delayed due to illness → admitted.
Example 2:
Delay without reason → dismissed.

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⚖️ Section 206 — Stay of Execution

Explanation:
Appellate authority may suspend execution of order pending appeal; may require deposit of dues.

Example 1:
Appeal against forfeiture → stay granted after 50% deposit.
Example 2:
No deposit → no stay.

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⚖️ Section 207 — Powers of Appellate Authority

Explanation:
Appellate officer may confirm, reverse, modify, or remand the case.

Example 1:
Commissioner modifies Collector’s fine order.
Example 2:
Remands case to Mamlatdar for re-enquiry.

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⚖️ Section 208 — Copy of Order to Accompany Petition

Explanation:
Appeal must be accompanied by certified copy of the order appealed against.

Example 1:
Without copy, appeal not admitted.
Example 2:
With copy → appeal processed.

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⚖️ Section 209 — Execution and Suspension of Orders

Explanation:
Pending appeal, execution may be suspended; otherwise, original order enforced.

Example 1:
Stay issued → eviction paused.
Example 2:
No stay → order executed immediately.

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⚖️ Section 210 — Limitation for Appeals

Explanation:
If last appeal day falls on Sunday/public holiday, filing on next working day is valid.

Example 1:
Deadline Sunday → filing Monday valid.
Example 2:
Filed after next working day → barred.

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⚖️ Section 211 — Power of Government and Superior Officers to call for records

Explanation:
State Government or Commissioner may revise or review subordinate officer’s orders to ensure legality and fairness.

Example 1:
Government calls Collector’s file to verify tribal land restoration.
Example 2:
Commissioner cancels illegal assessment discovered in audit.

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📘 Importance:

These provisions ensure accountability, natural justice, and citizens’ right to appeal within the revenue system.

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✅ Quick Memory Aid:

Theme	Mnemonic	Meaning
Tribal Land	“Permission Before Possession”	No transfer without Collector approval
Records	“7/12 Speaks the Truth”	RoR entries = legal proof
Procedure	“Collector Controls All”	Hierarchical supervision
Appeal	“203–211 = Right to Question”	Appeal ensures justice

Unit 4: 

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📘 UNIT 4 – THE GUJARAT TENANCY AND AGRCULTURAL LANDS ACT, 1948

(Bom. LXVII of 1948)

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🔹 4.1 HISTORY, INTRODUCTION, AND NEED

History & Background:
Before Independence, landlords (zamindars) controlled most agricultural land. Tenants had no ownership rights and were often evicted unfairly.
After Independence, the Bombay Tenancy and Agricultural Lands Act, 1948 (now Gujarat Tenancy Act) was enacted to ensure social and economic justice for farmers.

Need for the Act:

• To protect tenants from exploitation and eviction.

• To regulate rent and tenancy conditions.

• To fix ceilings on land holdings.

• To promote ownership for actual cultivators (“tillers should own the land”).

Example 1: Earlier, tenant paid high rent to zamindar → now rent is limited by law.
Example 2: Tenant cultivating same land for 10 years gets right to purchase it.

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🔹 4.2 IMPORTANT DEFINITIONS

Term	Explanation	Example
Tenant	A person lawfully cultivating land belonging to another person.	Ram cultivates land of Shyam → Ram is tenant.
Protected Tenant	Tenant with long-term possession (over 6 years) who cannot be evicted except for lawful cause.	Ramesh farming since 2010 – protected.
Ceiling Area	Maximum land a person can own. Extra land is taken by Govt and redistributed.	Max 18 acres in irrigated area.
Economic Holding	Minimum area required for reasonable support of family by cultivation.	4 hectares dry land or 2 hectares irrigated land.
Irrigated Land	Land with water facility (well, canal, etc.) for regular crops.	Paddy field with irrigation canal.
Rent	Payment by tenant for use of land. Must be in money or kind.	₹2,000 per hectare per year.

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🟩 Rent Regulation

• Maximum Rent: ⅓ (one-third) of crop produce or 5 times assessment.

• Minimum Rent: ₹2 per acre per year (as fixed by Government).

• Rent must be paid before 31st March each year unless extended by Collector.

• If land revenue is remitted (due to drought, flood), rent can also be remitted.

Example 1: Tenant pays ₹3,000 per year → Govt remits 50% due to drought → Tenant pays ₹1,500 only.
Example 2: Landlord demanding ₹6,000 instead of ₹3,000 → illegal, Collector can reduce.

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🔹 4.3 SECTIONS 9 TO 10A – TENANCY RIGHTS, DEFAULTS & SURRENDER

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⚖️ Section 9 – Tenant’s Right to Purchase Land

Meaning:
A tenant who has continuously cultivated land for not less than 6 years can apply to purchase the land from landlord.
Collector fixes price = 20× annual rent approximately.

Example 1: Tenant cultivating since 2015 applies in 2021 → gets ownership.
Example 2: Landlord refuses to sell → Collector enforces sale.

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⚖️ Section 9A – Restriction on Transfer of Land Purchased by Tenant

Explanation:
A tenant who purchased land under Section 9 cannot sell, gift, or lease it for 10 years without Collector’s permission.

Penalty:
Transfer without permission = void, land reverts to Govt.

Example 1: Tenant sells land after 2 years → sale void.
Example 2: Collector allows sale to family member → valid.

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⚖️ Section 9B – Restoration of Land to Tenant

If land purchased by tenant was later taken back illegally by landlord, tenant can apply to Collector for restoration within 2 years of dispossession.

Example 1: Landlord evicts tenant unlawfully → Collector restores land to tenant.
Example 2: Tenant delays more than 2 years → case dismissed as time-barred.

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⚖️ Section 9C – Prohibition of Re-transfer to Landlord

A tenant cannot sell land back to same landlord from whom he purchased it.
This prevents circumvention of the Act.

Example 1: Tenant sells back to landlord secretly → transaction cancelled.
Example 2: Tenant sells to another farmer → valid.

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⚖️ Section 10 – Suspension or Remission of Rent

Explanation:
When land revenue is remitted (for flood, drought, etc.), the tenant’s rent is also reduced proportionately.
Collector decides rate of suspension.

Example 1: Govt remits 50% revenue for flood → Tenant’s rent also reduced 50%.
Example 2: Landlord charging full rent despite remission → Collector fines him.

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⚖️ Section 10A – Termination of Tenancy for Default or Surrender

(a) Termination for Default

If tenant fails to pay rent for 2 consecutive years, landlord can apply for termination of tenancy to Mamlatdar.
Mamlatdar must give notice and hearing before eviction.

Example 1: Tenant doesn’t pay rent for 2022–2023 → Mamlatdar issues eviction order.
Example 2: Tenant proves crop failure → tenancy restored.

(b) Surrender of Tenancy

Tenant may surrender tenancy voluntarily only if:

• Done in writing,

• Signed before Mamlatdar,

• Mamlatdar ensures surrender is voluntary.

Example 1: Tenant surrenders to join service in city → Mamlatdar approves.
Example 2: Landlord forces tenant to sign → invalid surrender.

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🟦 Suspension or Remission of Rent (Special Provision)

If State Govt suspends land revenue in calamity (Sec. 84A – GLR Code), Collector can suspend or remit tenant rent up to double the revenue remission.

Example 1: Govt remits ₹500 revenue → Collector can remit rent up to ₹1,000.
Example 2: Rain failure → Collector suspends rent collection till next season.

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🟩 PROTECTED TENANTS

Rights of Protected Tenants:

1. Cannot be evicted except by law.

2. Can pass tenancy rights to heirs.

3. Can purchase land (Section 9).

4. Must pay lawful rent regularly.

5. Can get restoration if illegally evicted.

Example 1: Protected tenant evicted without cause → Collector restores.
Example 2: Protected tenant dies → son continues as tenant.

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🟦 CEILING ON LAND HOLDING

Ceiling Area:

• Max land one can hold = 54 acres (dry) or 18 acres (irrigated).

• Excess land = taken by Govt and redistributed to landless farmers.

• Landlord can retain land under personal cultivation.

Example 1: Landowner has 70 acres → 16 acres surplus → Govt takes over.
Example 2: Small farmer has 12 acres → no impact.

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🟨 ECONOMIC HOLDING

Minimum land area needed to sustain a family by agriculture.
It varies by soil fertility and irrigation (approx. 4 hectares).
Used to decide land reforms and redistribution policy.

Example 1: 3 hectares dry land = insufficient → eligible for Govt allotment.
Example 2: 2 hectares irrigated land = adequate → no benefit.

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🟩 KEY TAKEAWAYS & MEMORY AID

Topic	Key Rule	Time / Penalty
Section 9	Tenant can purchase land	6 years cultivation
Section 9A	Cannot sell for 10 years	Sale void
Section 9B	Restoration on illegal eviction	Apply within 2 years
Section 9C	No resale to landlord	Land reverts to Govt
Section 10	Rent remission	As per Collector
Section 10A	Termination / Surrender	2 years default or voluntary
Ceiling	Max holding fixed	54 acres dry / 18 irrigated
Protected Tenant	Long-term cultivator	Eviction only by law

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✅ Quick Revision Tip (Mnemonic):
“9 Rules Protect Tenants”
➡️ 9 – Purchase, 9A – No Sale, 9B – Restore, 9C – No Return, 10 – Rent Relief, 10A – Terminate / Surrender.

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📘 UNIT 5 — THE GUJARAT TENANCY AND AGRICULTURAL LANDS ACT, 1948

(Simple Notes with Key Points + Examples + Bare Act Reference)

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🔹 5.1 BAR TO EVICTION FROM DWELLING HOUSE & TENANT RIGHTS (Sections 31A–31D)

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⚖️ Bar to Eviction from Dwelling House

Meaning:
A tenant who occupies a dwelling house or hut on rented agricultural land cannot be evicted as long as he continues to cultivate the land or pays rent.

Key Points:

• Dwelling includes huts, sheds, and attached courtyard.

• Landlord can evict only after legal termination of tenancy and providing alternative accommodation or Collector’s permission.

Example 1: Farmer living on the farm for 10 years — landlord cannot evict him even after tenancy ends unless alternate house is provided.
Example 2: Tenant evicted illegally — Collector can order restoration with fine on landlord.

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⚖️ Tenant’s Right to Trees Planted by Him

Explanation:
If tenant plants trees (mango, neem, coconut, etc.) on rented land, he becomes owner of those trees until tenancy is legally terminated.

Key Points:

• Tenant may enjoy fruits or sell trees.

• If tenancy ends, tenant may remove trees or get compensation.

Example 1: Tenant plants 10 mango trees — he owns fruit and timber rights.
Example 2: Landlord terminates tenancy — tenant allowed to cut trees or get compensation.

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⚖️ Tenant’s Right to Naturally Growing Grass

Explanation:
Tenant has the right to use grass, brushwood, and natural produce growing on his leased land unless landlord has reserved such rights in writing.

Example 1: Tenant uses natural grass for cattle — legal.
Example 2: Landlord claims grass for himself without reservation — illegal, tenant wins.

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⚖️ Sections 31A to 31D — Termination of Tenancy for Personal Cultivation or Non-Agricultural Use

Section 31A – Grounds for Termination

Landlord can terminate tenancy only if:

1. Land required for personal cultivation, or

2. For non-agricultural purpose (industrial, residential, etc.)
   But only if he does not own other cultivable land or holds within ceiling limit.

Example 1: Landlord with no land wants to cultivate personally → can terminate tenancy legally.
Example 2: Landlord already has large holdings → cannot terminate.

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Section 31B – Procedure for Termination

• Written notice to tenant required.

• Must specify grounds and period (usually 1 year).

• Tenant given opportunity to object before Mamlatdar.

Example 1: Landlord gives written notice stating personal use → valid.
Example 2: Verbal notice → invalid termination.

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Section 31C – Restrictions on Eviction

Even after termination, landlord cannot evict if:

• Tenant is a disabled person, widow, or minor, or

• Eviction would cause undue hardship.

Example 1: Tenant is a widow — eviction stayed.
Example 2: Tenant minor’s guardian continues tenancy till age 18.

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Section 31D – Non-Agricultural Purpose

Landlord can use land for non-agricultural purposes only after Collector’s permission.
If permission not taken → tenancy continues legally.

Example 1: Landlord converts farm into factory after Collector’s approval — valid.
Example 2: Builds warehouse without permission — illegal, tenancy revived.

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⚖️ Transfer to Non-Agriculturist Barred

Explanation:
Land cannot be transferred or sold to a non-agriculturist without prior Collector permission.

Penalty:
Transfer = void; Collector can resume land and fine up to ₹5,000.

Example 1: Sale to businessman without approval → Collector cancels sale.
Example 2: Sale to farmer from nearby village with approval → valid.

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🔹 5.2 CONSTRUCTION OF WATER COURSE THROUGH LAND OF ANOTHER (Chapter V-A)

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Objective:
To allow farmers to build or extend irrigation channels (water courses) across another person’s land for fair agricultural use.

Key Provisions:

• Farmer must apply to Mamlatdar for permission.

• Mamlatdar gives notice to landowner and conducts local inquiry.

• If beneficial and no major harm — permission granted with conditions.

• Compensation to landowner for damage or loss.

• Applicant must maintain the water course.

Example 1: Raju wants to take canal water through his neighbor’s field — Collector permits after inquiry; Raju pays compensation.
Example 2: If watercourse damages crops — Raju must repair and compensate.

Penalty for unauthorized construction:
Fine up to ₹1,000 + restoration of land.

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🔹 5.3 APPEAL & REVISION, POWER OF COLLECTOR, LIMITATION & DISPOSAL OF INVALID TRANSFERS

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⚖️ Appeal

Section: Under Chapter VIII
Explanation:
Any person aggrieved by Mamlatdar’s order (e.g., on rent, eviction, tenancy, or watercourse) may file an appeal.

Order Passed By	Appeal Lies To	Time Limit
Mamlatdar	Collector	60 days
Collector	Gujarat Revenue Tribunal	90 days
Tribunal	High Court (Revision)	6 months

Example 1: Tenant appeals Mamlatdar’s eviction order to Collector within 60 days.
Example 2: Collector’s wrong order revised by Tribunal.

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⚖️ Revision Power of Collector

Collector or higher authority can revise any order passed by subordinate revenue officer to correct errors or injustice.

Conditions:

• Must be exercised within 1 year of order.

• Revision cannot harm a party without giving hearing.

Example 1: Collector finds Mamlatdar ignored notice — revises and cancels order.
Example 2: Revision after 2 years → time-barred.

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⚖️ Limitation

All appeals or revisions must be filed within prescribed period (60–90 days).
Delay only allowed if sufficient cause shown.

Example 1: Appeal delayed due to hospitalisation → allowed.
Example 2: Delay without cause → dismissed.

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⚖️ Disposal of Land Transfers or Acquisition Invalid

If land transfer is made in violation of this Act (e.g., sale to non-agriculturist, or without Collector’s permission):

1. Transfer is void.

2. Land vests in State Government free from encumbrances.

3. Collector may grant it to:

   • Original tenant or his heir, or

   • Other eligible agriculturist in same village.

Example 1: Land sold to builder without sanction → Collector takes land and gives it to tenant.
Example 2: Tenant refuses → land allotted to other farmer.

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🟩 QUICK MEMORY AID

Topic	Section / Rule	Key Idea	Example
Dwelling House	–	Tenant cannot be evicted	Farmer lives in hut on field
Trees	–	Tenant owns planted trees	Mango trees belong to tenant
Grass Rights	–	Tenant can use natural produce	Grass used for cattle
31A–31D	Termination Rules	Only for personal use with notice	1-year notice
Transfer Barred	–	Sale to non-agriculturist invalid	Sale to builder cancelled
Water Course	Chap. V-A	Permission + compensation	Canal via neighbor’s land
Appeal & Revision	60–90 days	Mamlatdar → Collector → Tribunal	Eviction appeal
Invalid Transfer	–	Land goes back to Govt	Sale without approval void

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✅ EASY REVISION TRICK:

“TREE–GRASS–HOUSE–NOTICE–APPEAL–REVISE–VOID”
(Tenant’s protection → Landlord’s notice → Collector’s revision → Invalid transfers void)

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📘 UNIT 6 – The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013

(RFCTLARR Act 2013)

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🔹 6.1 Purpose, Need & Applicability

Purpose:
To ensure fair compensation when private land is acquired for public purposes and to provide proper rehabilitation and resettlement (R & R) of affected families.

Need:
Old Land Acquisition Act 1894 was unjust—low compensation, no R & R, and no transparency.

Applicability:
Applies to the whole of India (except J&K) and covers government + private projects like highways, SEZs, dams, railways, etc.

Key Features:

• Fair market value + 100 % solatium (extra amount).

• Consent of 80 % (Private Project) or 70 % (PPP Project) land owners.

• Mandatory Social Impact Assessment (SIA) before acquisition.

Example 1: Government acquires land for a new airport – affected farmers get market value + 100 % solatium + R & R benefits.
Example 2: Private solar company wants land – must obtain consent of 80 % landholders and pay compensation as per this Act.

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🔹 6.2 Key Definitions

Term	Meaning
Land Acquisition	Process of government obtaining private land for public purpose.
Public Purpose	Infrastructure, housing for poor, industrial corridors, etc.
Affected Family	Owner, tenant, laborer, artisan whose livelihood is affected.
Rehabilitation	Restoring livelihood and living conditions of affected families.
Resettlement	Providing alternative housing and amenities.

Example 1: Tenant farmer loses land → eligible for rehabilitation grant.
Example 2: Landless worker gets job in rehabilitation package.

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🔹 6.3 Section 4 – Determination of Social Impact and Public Purpose

Process:

1. Government appoints SIA team to study effects on land, livelihood & environment.

2. SIA Report must identify number of families affected, nature of impact, and alternatives.

3. Report to be completed within 6 months.

Example 1: Before building a highway, SIA shows impact on villagers and suggests alternate route.
Example 2: SIA finds project displaces 100 families – Collector proposes R & R plan.

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🔹 6.4 Section 5 – Public Hearing for Social Impact

Explanation:
Public Hearing is mandatory in affected area after SIA report. People can raise objections or suggest alternatives.

Procedure:

• Notice must be given 15 days before hearing.

• Minutes of meeting recorded and forwarded to Collector.

Example 1: Villagers object to factory project during hearing → Collector asks company to reduce pollution impact.
Example 2: Local panchayat approves project with condition of jobs for locals.

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🔹 6.5 Section 6 – Publication of Social Impact & Appraisal by Expert Group

Process:

1. SIA Report and Public Hearing results published in local language.

2. Expert Group of 2 social scientists + 2 local officers reviews the report within 2 months.

3. If public purpose is not proved → project stopped.

Example 1: Expert Group rejects land for golf course – not public purpose.
Example 2: Approves railway project with rehabilitation conditions.

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🔹 6.6 Sections 11 to 30 – Publication of Preliminary Notification & Acquisition Process

Section 11 – Preliminary Notification:
Government issues notice that land is needed for public purpose.
→ Published in Official Gazette and local newspapers.
→ Landowners can file objections within 60 days.

Section 12–16 – Survey and Hearing:
Collector inspects land and hears objections.
Land records checked for ownership.

Section 19 – Declaration of Acquisition:
After hearing objections, Government issues final declaration within 12 months of notification.

Section 23–30 – Compensation Determination:

• Compensation = Market value + 100 % solatium.

• Rural area land = market value × 2 times.

• Urban area = market value × 1 time.

• Interest = 9 % per annum (from date of possession).

Example 1: Collector publishes notification on 1 Jan → must declare by 31 Dec same year.
Example 2: Farmer gets market value ₹ 10 lakh + ₹ 10 lakh solatium + interest.

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🔹 6.7 Sections 31 to 42 – Rehabilitation and Resettlement Award

Key Features:

• Each affected family gets R & R package including housing, employment, and allowance.

• Collector prepares R & R Award along with compensation award.

• Separate R & R register maintained.

Benefits include:

• One house per family or ₹ 1.5 lakh cash.

• ₹ 5 lakh lump sum for landless families or job for one member.

• Transportation allowance and monthly subsistence allowance for 1 year.

Example 1: Displaced farmer receives house in rehabilitation colony + ₹ 5 lakh cash.
Example 2: Labor family loses livelihood → one member gets job in new factory.

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🔹 6.8 Sections 43 to 47 – Procedure & Manner of Rehabilitation and Resettlement

Section 43: State Government must appoint Commissioner for R & R to supervise projects.
Section 44: Monitoring Committees at State & District levels.
Section 45: Grievance Redressal Committee for complaints of affected persons.
Section 46: Reports to be submitted every 6 months.
Section 47: Punishment for false information or obstruction → fine up to ₹ 1 lakh.

Example 1: Family not receiving promised house → complains to District R & R Committee.
Example 2: Officer found falsifying report → fined ₹ 50,000.

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🟦 6.1.1 – The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act 1947

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🔹 6.1.2 Object

To prevent land fragmentation into uneconomic small pieces and to promote consolidation for better agriculture.

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🔹 6.1.3 Definitions

Term	Meaning
Fragment	Small land piece below standard area.
Standard Area	Minimum area fixed by Government for economic cultivation.
Consolidation	Bringing together small fragments into one compact holding.

Example 1: If standard area = 2 hectares but land split into 0.5 hectares each → fragmentation.
Example 2: Farmer gets three small plots merged into one → consolidation.

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🔹 6.1.4 Determination of Local Areas (Section 6)

Collector identifies villages or regions for which Act applies and publishes in Gazette.
Objections can be filed within 30 days.

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🔹 6.1.5 Settlement of and Determination of Standard Areas (Sections 6 to 14)

• Government fixes standard area based on soil, crop, and irrigation.

• Land below that limit cannot be transferred or divided.

• Fragment cannot be sold without Collector’s permission.

Penalty: Fine up to ₹ 500 or land confiscation.

Example 1: Minimum area 2 hectares; Farmer tries to sell 1 hectare → sale void.
Example 2: Collector allows sale for public purpose → valid.

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🔹 6.1.6 Scheme of Consolidation of Holdings (Sections 15 to 30)

• Consolidation Officer prepares plan to re-organize land for each holder.

• Owners get compact plots of equal value after exchange.

• Compensation for inequality of value if any.

• Plan published; objections invited within 30 days.

Example 1: Farmer A has 3 plots in different parts of village → merged into 1 central plot.
Example 2: If new plot value slightly less, Government pays difference.

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📘 Importance of This Act

• Stops creation of uneconomic fragments.

• Helps mechanized farming.

• Promotes efficient land use and reduces boundary disputes.

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✅ Quick Revision Aid

Topic	Core Idea	Time / Penalty Highlight
SIA (Section 4)	Study of impact before acquisition	6 months limit
Public Hearing (5)	People can object	15 days notice
Notification (11)	Start of acquisition process	Objection within 60 days
Compensation (23–30)	Market value + 100 % solatium	Interest 9 % p.a.
R & R (31–42)	Housing / job / allowances	Collector’s Award
Fragmentation Act	Prevent small land pieces	Fine ₹ 500 / Land void

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