PAPER 3.6. LAND LAWS (QUESTION-ANSWER SERIES)

PAPER 3.6. LAND LAWS

UNIT – I Rajasthan Rent Control Act, 2001 (Amended by The Act of 2017): Objectives; Definition, Concept, Key Features of the Act; Revision of Rent, Limited Period Tenancy, Eviction of Tenants, Right of Landlord to Recover Immediate Possession in Certain Cases, Restoration of Possession and procedure thereof; Tribunals, Appeal and Execution Amenities; Appointment of Rent Authority, Tenancy Agreement and Period of Tenancy; Revision of Rent In Certain Circumstances, Security Deposit and Deposit of Rent and Judicial Responses;

UNIT – II Rajasthan Tenancy Act, 1955 (As Amended): Objectives; Concept, Key Features of the Act; Definitions-Khudkasht, Ijredars, Grove Holder etc.: Classes of Tenants: Conferment of Rights on Sub-Tenants of Khudkasht; Primary Rights of Tenants: Lands on which Khatedari Rights do not Accrue; Surrender, Abandonment and Extinction of Tenancies; Improvements; Declaratory Suits; Determination and Modification of Rent; Payment and Recovery of Rent; Grounds for Ejectment of Tenants, Remedies for Wrongful Ejectment; Procedure and Jurisdiction of Court, Provisions for Injunction and Appointment of Receiver; Appeal, Review, Revision; Reference; Proprietary Rights in Revenue Courts; Rights in Civil Court, Conflict of Jurisdiction and Judicial Responses;

UNIT – III The Rajasthan Land Revenue Act, 1956 (As Amended): Objectives; Definition, Concept, Key Features of the Act and Amendment The Board of Revenue, Revenue Courts and Officers; Appeal, Reference, Revision and Review; Land; Survey; Record of Rights, Maintenance of Maps and Record, Annual Registers; Settlement Operations; Rent Ratio, Determination of Rent, Term of Settlement; Collection or Revenue and Judicial Responses;

UNIT – IV Real Estate (Regulation and Development) Act, 2016 (RERA)(As Amended): Objectives; Definition, Concept, Key Features; Salient Features, Definitions; Real Estate Regulatory Authority, Registration with the Regulatory Authority, Carpet Area, Bank Account and Guarantee by Allottee, Acceptance, Refusal, Revocation, Lapse of Registration, Regulatory Authority, Advertisement or Prospectus by the Promoter, Advance Payment, Addition and Alteration in the Plans, Structural Defect, Transfer and Assignment, Refund of Amount in Handing Over Possession, Real Estate Appellate Tribunal, Adjudicating Officer, Offences and Penalty, Overriding Effect and Judicial Responses;

UNIT - V The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(As amended): Objectives; Definition, Concept, Key Features; Definitions: Affected Family, Agriculture Land, Cost of Acquisition, Displaced Family, Infrastructure Project, Marginal Farmer, Market Value, Person Interested, Public Purpose and Resettlement Area, Procedure of Land Acquisition; Determination of Social Impact; Consent of Land Owners; Award Inquiry and Public Purpose, Safeguard Provisions; Food Security, Rehabilitation and Resettlement Award and Procedure thereof; Rehabilitation and Resettlement Authority, Apportionment and Payment of Compensation, Reference to Civil Courts etchant Judicial Responses;

LEADING CASES: 1. Prabhu v. Ramdeo, AIR 1966 SC 172 2. Kanaimal v. Kanhaiya Lal, 1966 RLW 179 3. Bohra v. Ganesh, 1966 RRD 71 (FB) 1966 RLW 4. Yasin Shah v. Munir Shah, 1967 RRD 37 5. MangiLal v. Chottu, 1967 RRD 433 6. Smt. Mulashi v. Rama Lal, 1976 RRD 88. 7. Narmada Bachao Andolan v. Union of India II (2005) CLT 57 (SC) 8. Chimanlal Hargovind Das v. Spl. Land Acquisition Officer, Poona AIR 1988 SC 1652. 9. Karnataka Urban Water Supply and Drainage board, etc. v/s K.S. Gangadharappa & Another, II (2009) CLT 309 (SC). : (2009) 11 SCC 164, 10. Maj. Gen. Kapil Mehra v. Union of India (UOI , 2014(145) DRJ497