Tuesday, 30 July 2013
Monday, 15 July 2013
Transfer of Property Act, 1882
Short title.—
This Act may be called the Transfer of Property Act, 1882.
Commencement.—It shall come into force on the first day of July, 1882.
Extent.—1[It extends2 in the first instance to the whole of India except 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of] Bombay, Punjab and Delhi.]
4[But this Act or any part thereof may by notification in the Official Gazette be extended to the whole or any part of the 5[said territories] by the 6[State Government] concerned.]
7[And any 6[State Government] may 8[***] from time to time, by notification in the Official Gazette, exempt, either retrospectively or prospectively, any part of the territories administered by such State Government from all or any of the following provisions, namely:—
Section 54, paragraph 2 and sections 3, 59, 107 and 123.]
9[Notwithstanding anything in the foregoing part of this section, section 54, paragraphs 2 and 3, and sections 59, 107 and 123 shall not extend or be extended to any district or tract of country for the time being excluded from the operation of the Indian Registration Act, 10[1908], (16 of 1908), under the power conferred by the first section of that Act or otherwise.]
Sec 2. Repeal of Acts
Saving of certain enactments, incidents, rights, liabilities, etc.—In the territories to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall be deemed to affect—
(a) the provisions of any enactment not hereby expressly repealed;
(b) any terms or incidents of any contract or constitution of property which are consistent with the provisions of this Act, and are allowed by the law for the time being in force;
(c) any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability; or
(d) save as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or by, or in execution of, a decree or order of a Court of competent jurisdiction,
and nothing in the second Chapter of this Act shall be deemed to affect any rule of 1[***] Muhammadan 2[***] law.
Thursday, 20 June 2013
Saturday, 1 June 2013
LAND ACQUISITION ACT 1894
LAND ACQUISITION ACT 1894
CLICK ON THIS LINK TO GET THE FULL DETAILS OF THIS ACT.
CLICK ON THIS LINK TO GET THE FULL DETAILS OF THIS ACT.
INTRODUCTORY |
The Land Acquisition Act, 1894 is an Act to amend the law for the acquisition of land for public purposes and for companies, and to determine the amount of compensation to be paid on account of such acquisition. Thus, the Act confers the right on the appropriate government to acquire land and as a corollary, the right of the owner or the interested person of the land to have a judicial determination of the compensation due to him by the Land Acquisition Authority. Where the land is acquired under the Act, it would not be fair and just to deprive of the holder thereof the payment of the market value. There should be some public purposes in an acquisition and it is unfair, if such a purpose is incorporated in a statute, if the holder of the land is deprived of the market value of the land.
The object of the Act of 1894 was stated in the statement of objects and reasons as under:
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1. For several years past the amendment of the Land Acquisition Act, 1870, (the immediate predecessor) has been under consideration by the Government of India in communication with local governments.
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2. Before the passing of the Act, the valuation of the lands, which it was found necessary to take up for execution of public works, was entirely in the hands of arbitrators, from whose decision there was no appeal. The system led to a lamentable waste of the public money, both because the arbitrators were incompetent, and sometimes, it is to be feared, corrupt and also because the law, as it then stood, laid down no instructions for their guidance in the performance of their duties. This latter defect, among others, was remedied by the Act of 1870 which it is now . proposed to amend, and which contains detailed instructions as to the matters
which are to be considered, and which are to be neglected, in awards of compensation for lands acquired under its provisions. The Act of 1870 also provided for the abolition of the system under which uncontrolled discretion was entrusted to arbitrators; and, in lieu thereof, required the Collector, when unable to come to terms with the persons interested in land which it was desired-'to take up, to refer the difference for the decision of a civil court, usually that of the district judge. In the disposal of such references, the court is aided by assessors, and its finding is final if the judge and one or more of the assessors agree. If, however, the judge and the assessors disagree, an appeal is allowed, which usually lies to the High Court.
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3. The Act of 1870 has not, in practice, been found entirely effective for the protection either of the persons interested in lands taken up for the public purpose. The requirement that the Collector shall refer for the decision of the court every
petty difference of opinion as to the value, and every case in which any one, perhaps a large number of persons fails to attend before him, has involved in litigation, with all its trouble and delay and expense, a great number of persons whose interest in the land was extremely insignificant. It has, in fact, frequently been the case that the owners of small pieces of land have had to pay court costs of an amount far exceeding the value of the land itself.
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4. On the other hand, the provisions of the Act as to the incidence of costs, the whole of which fall on the Collector if the final award is ever so little in excess of the amount of his tender, are such as to encourage extravagant and speculative claims. The chance of altogether escaping the payment of costs is so great, that claimants are in the position of risking very little in order to gain very much, and have, therefore, every motive to refuse even liberal offers made by the Collector, and to try their luck by compelling a reference to the court. Much the same may be said as to the provisions of the existing law regarding the payment of interest. No matter how fair the original offer of the Collector and how groundless the refusal to accept the compensation he has tendered, interest is payable on the amount of the award finally arrived at from the date of the Collector's taking possession of the land. This may be for a period of two or three years, and as interest continues to run until the litigation is finally completed, it is to the advantage of the land owner to protract the proceedings to the utmost. All this costs a very heavy and undeserved burden on the public purse.
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5. It is proposed, therefore, to amend the law by making the Collector's award final, unless altered by the decree in a regular suit. Persons interested in land taken up for public works will thus still have the opportunity, if they desire it, of preferring to an authority quite independent of the Collector their claims to more substantial compensation than the Collector has awarded; and will in all cases have further right of appeal to the regular appellate courts. They will no longer, however, be encouraged, to litigate by the feeling they can hardly lose, but may make a great gain by doing so.
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6. This change in the procedure for determining the valuation of lands taken up for public works will also render it possible to dispense with the services of the assessors, who are now supposed to assist the court. Considering the difficulty, almost throughout the country, of obtaining the services of such assessors as are really qualified to form a sound opinion on the subject of the valuation of land, it is believed that the proposal to dispense with them, and to leave the matter to the sole arbitrament, first of the Collector and then of the judge, will in no way diminish the efficiency of the court in enquiries in which the value of lands is in issue. It will certainly tend to shorten litigation and to diminish its expense.
This comprehensive write-up comprising the Land Acquisition Act, 1894, Land Acquisition (Amendment and Validation) Act, 1967 and the Land Acquisition (Amendment) Act, 1984 is presented to have a handy but an exclusive coverage of the law of land acquisition and its bifurcations in India to the learned readers.
A creative feedback from the learned readers, bringing to our notice any mistake, error or omission or discrepancy that might have crept in this book in spite of our sincere efforts to avoid those, is most welcome, for it will help us improve the overall quality, style and presentation of the book in the forthcoming editions.
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Wednesday, 29 May 2013
Tuesday, 28 May 2013
Measurement of land in Punjab
The following are the basic measurements of land used in Punjab & Haryana in ascending order.
- 1 karam is 5.5 ft
- 1 marla is 9 Sq karams (272.25 sq ft)
- 1 kanaal is 20 marlas (5,445 sq ft)
- 1 killa is of 8 kanaals (43,560 sq ft = 1 acre)
- 1 marabba is 25 killas (1,089,000 sq ft = 25 acres)
A killa is measured rectangularly, reckoned as an area 36 karams x 40 karams, or 198 feet x 220 feet = 43,560 square feet.
Kothis are measured in marlas and kanaals. Most are 2-4 kanaals but the big ones can be anything from 4-6 kanaals.
A couple of older measures:
- 1 biswa = 15 Sq karams; 12 biswas = 1 kanaal (50 gaj)
- 1 bigha = 20 biswas - 1008 Sq Yards - 842.68 Sq Mtr (1000 Gaj)
i)In all areas consolidated on the basis of the standard measure of 66 inches i.e. Karam or Gatha:
- 1. 1 Sq. Karam or Sarsahi 3.3611111 Sq.yds.
2. 9 Sarsahies or 1 Marla 30.249999 Sq.yds say 30.25 Sq.yds.
3. 20 Marlas or 1 Kanal 604.99996 Sq.yds say 605 Sq.yds.
4. 160 Marlas or 8 Kanals 4839.99998 Sq.yds.say 4840 Sq.yds. (1 acre)
(ii)In the areas consolidated on the basis of the local meas ure and the non- consolidated areas of Amritsar, Gurdaspur, (except Shahpur Hill Circle and Chak Andar in Pathankot tehsil), Feroz epur (except Fazilka) and the erstwhile pr incelyState of Faridkot:
1. 1 Karam 60 inches
2. 1 Sq. Karam or Sarsahi 2.777777 Sq. yds.
3. 9 Sarsahies or 1 Marla 24.999999 Sq. yards say 25 Sq.yards.
4. 20 Marlas or 1 Kanal 499.9999 Sq. yards say 500 Sq.yards
5. 193.60 Marlas (9 Kanals1 Acre or 4840 Sq.yds 13 Marlas 5 Sarsahis)
(iii) In the areas consolidated on the basis of the local measure and the non- consolidated areas of Hoshiarpur, Jalandhar, Anandpur Sahib (Ropar) and the Shahpur hill Circle in Gurdaspur District:
1.1 Karam 57.5 inches
2. 1 Sq. Karam or Sarsahi 2.5511188 Sq.yds.
3. 9 Sarsahies or 1 Marla 22.960069 Sq.yards say 22.96 Sq.yds
4. 20 Marlas or 1 Kanal 459.20138 Sq.yards say 459 Sq.yards.
5. 210.80 Marlas (10 Kanals I Acre or 4840 Sq.yds.10 Marlas 7 Sarsahis)
(iv) In the area consolidated on the basis of the local measure and the non-consolidated areas of the erstwhile princely State of Kapurthala:
1. 1 Karam 54 inches
2. 1 Sq. Karam or Sarsahi 2.25 Sq.yds.
3. 9 Sarsahies or 1 Marla 20.25 Sq.yards
4. 20 Marlas or 1 Kanal 405 Sq.yards.
5. 239 Marlas (11 Kanals1 Acre or 4840 Sq.yds.19 Marlas)
1 Karam or Gat ha x 1 Karam or Gatha
1 Sq. Karam or Biswansi 20 Biswansis
1 Biswa20 Biswa 1 Bigha
PROPERTY MEASUREMENTS
| OLD SURVEY MEASUREMENTS. Old surveys were often measured using a Surveyors Chain. These were literally chains made up of 100 links. Each Chain was 66 feet long. Each link was 0.666 of a foot...or 7.92" To convert the distances on a plat measured in chains (abbreviate Ch) simply multiply the distance in chains by 66. Another common unit of measurement was the Pole. The Pole is exactly what it sounds like; a wood pole which was 16.5' feet long. To convert the distances on a plat measured in poles (abbreviated P) you must multiply the distance by 16.5 A Pole is sometimes called a "perch"on old surveys. MILES A mile is defined as being 5,280 feet in length. |
| AREA MEASUREMENTS The standard unit of measuring land in the United States is the ACRE. An Acre is equal to 43,560 square feet (Sq. Ft.) of area. An acre is also equal to 10 square chains ( 66 x 66 x 10 = 43560 Sq. Ft.) or 160 square rods (16.5 x 16.5 x 160 = 43,560 Sq. Ft.) There are exactly 640 Acres in one square mile. Seeing how older units of measurement like the chain and the pole can be converted into acres it is easy to see that seemingly odd distances (66' and 16.5') really did make sense. WHAT DOES AN ACRE LOOK LIKE? If you had a parcel of land that was exactly 1 acre in size and was perfectly square it would be 208.71' on each of the 4 sides. If the same lot were a rectangle 100' wide it would be 435.60' feet deep (long). |
| Manual of Instructions for the Survey of the Public Lands of the United States; 1973Prepared by the Bureau of Land Management, Technical Bulletin 6; pub. U.S. Dept of Interior | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Methods of Survey The methods described in this chapter comprise the specifications for determining the length and direction of lines. DISTANCE MEASUREMENT Units 2-1. The law prescribes the chain as the unit of linear measure for the survey of the public lands. All returns of measurements in the rectangular system are made in the true horizontal distance in miles, chains, and links. (Exceptions are special requirements for measurement in feet in townsite surveys, chapter VII, and mineral surveys, chapter X.)
Land grants by the French crown were made in arpents. The arpent is a unit of area, but the side of a square arpent came to be used for linear description. The Spanish crown and the Mexican Government granted lands which were usually described in linear varas. Both the arpent and the vara have slightly different values in different States. The conversions most often needed are shown in the Standard Field Tables.
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