Haryana land

Partition of co-shared land might profit ‘land sharks’ greater than the widespread man

Written by Varinder Bhatia
| Chandigarh |

November 25, 2020 12:35:51 pm

Haryana landThe Punjab Land Income (Haryana Modification) Invoice handed by the Vidhan Sabha has been despatched to Governor SN Arya for his assent.

Haryana authorities’s transfer to introduce an modification within the Punjab Land Income Act, permitting partition of land owned by co-sharers, is prone to profit large colonisers and land sharks greater than the widespread man.

The Punjab Land Income (Haryana Modification) Invoice handed by the Vidhan Sabha has been despatched to Governor SN Arya for his assent. Though the Governor is battling Covid-19 an infection after he examined constructive on November 16, however sources mentioned that he’s probably to present his assent to the contentious Invoice.

It was in 2013 when Haryana’s senior IAS officer Ashok Khemka had identified numerous prime chunks of land in Gurgaon and Faridabad that had been usurped by the “powerful business-politico-bureaucratic-police lobby” with little interest in agricultural or cultivation actions. The then Congress authorities too, allegedly tried to make use of Consolidation Act as a instrument for partition of prime chunks of land together with forest lands. Khemka had then advised {that a} thorough probe by an unbiased investigating company might “expose the game of the land sharks”.

Nevertheless, the present modification handed by the Vidhan Sabha with BJP-JJP mix in majority, can be prone to prolong an identical profit to the builder foyer, lively within the Nationwide Capital Area.

Sources disclosed that after the Invoice was handed by the Vidhan Sabha, Khemka has once more written to the Governor apprising him of sure factors that ought to to be regarded into earlier than he accords his assent.

In case of partition of the land owned by co-sharers, whereas the modification places the first onus on the shareholder in search of partition to tell different co-sharers, it’s prone to elevate a number of sensible points giving a bonus to the co-sharer residing within the village over those that live at distant locations away from the land in query. Sources disclosed that Khemka has identified that in a number of instances, the income information don’t comprise addresses of co-sharers. “The revenue officer in partition proceedings under Section 111-A (the new Section added in the Amendment bill) will not be able to serve personal notice upon those co-sharers who do not reside in the village as per mode of service prescribed in the Act. The only mode of service of notice would be by pasting the notice on some conspicuous place where the land is situated or by proclamation. In the partition proceedings under Section 111-A, the co-sharers in possession or residing in village will, therefore, derive an unfair advantage over other co-sharers who do not”.

One other difficulty will likely be within the case of small fragmentation. “If joint holdings are compulsorily partitioned into separate shares for each co-sharer, then the size of some separate shares may be very small and agriculturally unviable. The size could be as small as a few marlas. The statutory fragmentation will lead to overall waste due to the need to provide common rasta (road) and water channels to each of the separate shares carved out in the partition. The fragmentation arising due to the present amendment is against the object of the Consolidation Act of 1948,” Khemka has now written to the Governor.

The brand new Modification additionally takes away the facility of highest income officers – Monetary Commissioners – and as a substitute makes Collector the ultimate deciding authority in case of any dispute that will come up within the partition proceedings.

“The Financial Commissioner is the Chief Revenue Officer. At present, three are 30 officers who are ex-officio Financial Commissioners [27 Cadre officers and 3 non-cadre officers]. But, under the new Section 111-A, all Financial Commissioners and Divisional Commissioners will be rendered non-functional. The order of the Collector will be final. No remedy will be available against the order of Collector. Under the Code of Civil Procedure as well as Section 13 of the PLR Act, a second appeal lies where an original order is revised or modified in first appeal. The right of second appeal as well as the right of revision under Section 17 of the PLR Act will no longer be available in the case of partition proceedings under Section 111-A,” Khemka has written.

“The amendment will benefit powerful land sharks in possession of common lands to the detriment of the weak co-sharers, the larger society and the environment,” Khemka has written including that the modification will severely “affect the forests and hilly lands in Aravallis and other eco-fragile regions and shamlat lands”.

Chief Minister Manohar Lal Khattar, on November 6 after the Vidhan Sabha handed the Modification Invoice, had mentioned, “The Vidhan Sabha passed this Bill with a view to curb the partition of shares on the land related litigations. In the revenue records, partition of land where co-sharers are there, remains pending for years. People used to face lots of difficulties. We have now introduced a provision that all the co-sharers shall be given a notice to reply within 30 days. It will not be applicable to blood-relations. Except for the blood relations, rest all co-sharers shall be given a six month time to respond for their partition of share. One extension of another six months shall be given. If it is not done in one year, then the revenue department will do it automatically within next three months. That will reduce lots of litigation. There are 48 lakh such co-sharers in Haryana, especially for agriculture land”.

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