CCHHATTISGARHHHATTISGARH L LANDAND R REVENUEEVENUE C CODEODE: R: REVENUEEVENUE S SURVEYURVEY

SUBMITTED TO: MSUBMITTED TO: MSS. S. SONALONAL D DASAS

( FACULTY: L ( FACULTY: LANDAND L LAWSAWS))

SUBMITTED BY: GARGI WHORRASUBMITTED BY: GARGI WHORRA

ROLL NO. 45ROLL NO. 45

SECTION B SECTION B

SEMESTER VIIISEMESTER VIII

LLANDAND L LAWSAWS - PROJECT - PROJECT

HIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPURHIDAYATULLAH NATIONAL LAW UNIVERSITY, RAIPUR

CHHATTISGARH.CHHATTISGARH.

1

ACKNOWLEDGEMENTACKNOWLEDGEMENT

At the outset, I would like to place on record my deepest sense of gratitude to my teacher andAt the outset, I would like to place on record my deepest sense of gratitude to my teacher and

mentor Ms. Sonal Das, who inculcated in me a taste for the subject and its different dimensionsmentor Ms. Sonal Das, who inculcated in me a taste for the subject and its different dimensions

which affect the common man. In this backdrop I feel privileged to get a topic from my esteemedwhich affect the common man. In this backdrop I feel privileged to get a topic from my esteemed

teacher which I find very important and relevant. teacher which I find very important and relevant.

I want to express my sincere thanks to my parents who kept me updated on this subject andI want to express my sincere thanks to my parents who kept me updated on this subject and

helped me in getting deeper insights to this important and relevant topic. I borrowed muchhelped me in getting deeper insights to this important and relevant topic. I borrowed much

information from important national and international books and periodicals and in my search forinformation from important national and international books and periodicals and in my search for

related topics I had to rely on the materials available on the net. I extend my sincere gratitude torelated topics I had to rely on the materials available on the net. I extend my sincere gratitude to

all the sources from where I collected the relevant information for preparing this paper. all the sources from where I collected the relevant information for preparing this paper.

GARGI WHORRAGARGI WHORRA

SEMESTER VIII SEMESTER VIII

2

TABLE OF CONTENTS TABLE OF CONTENTS

I. RESEARCH METHODOLOGY AND OBJECTIVES…...........................................................RESEARCH METHODOLOGY AND OBJECTIVES…...........................................................44

II.II. INTRODUCTION………………………………….…………………………………….............5INTRODUCTION………………………………….…………………………………….............5

III.III. MEANING OF REVENUE SURVEY…………………………………......................................5MEANING OF REVENUE SURVEY…………………………………......................................5

IV.IV. PROCEDURAL PREREQUISITE: NOTIFICATION……………….........................................7PROCEDURAL PREREQUISITE: NOTIFICATION……………….........................................7

V.V. POWER BESTOWED ON THE SETTLEMENT OFFICER FOR REVENUEPOWER BESTOWED ON THE SETTLEMENT OFFICER FOR REVENUE

SURVEY……………………..…………………………………………...…………..…………..7SURVEY……………………..…………………………………………...…………..…………..7

II) RULES TO FACILITATE FORMATION OF SURVEY NUMBERS AND ) RULES TO FACILITATE FORMATION OF SURVEY NUMBERS AND

VILLAGES……………………………………………………………………………….7VILLAGES……………………………………………………………………………….7

IIII) RULES TO FACILITATE DIVISION OF SURVEY NUMBERS...……..) RULES TO FACILITATE DIVISION OF SURVEY NUMBERS...……..

…………..11…………..11

IIIIII) RULES TO FACILITATE REVENUE SURVEY OF AGRICULTURAL AND) RULES TO FACILITATE REVENUE SURVEY OF AGRICULTURAL AND

NON-NON- AGRICULTURAL LAND ……….......................………………………………………12AGRICULTURAL LAND ……….......................………………………………………12

VI.VI. FACILITATING GROUPING OF VILLAGES…………………….FACILITATING GROUPING OF VILLAGES…………………….

……………………….......14……………………….......14

VII.VII. CONCLUSION……………..……………………………………………………………………15CONCLUSION……………..……………………………………………………………………15

VIII.VIII. REFERENCES…………………………………………………………………………………..16REFERENCES…………………………………………………………………………………..16

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RESEARCH METHODOLOGY

The researcher has based her research on doctrinal sources of information comprising of books,

notification as well as Internet. The topic being contemporary as well comprehended through the

faculty in-charge has been extensively researched upon so as to accomplish the goal of

completion of the current project report.

OBJECTIVES

To understand the meaning of revenue survey.

To assess the manner of revenue survey as per CGLRC.

To study the various notifications to facilitate revenue survey.

To understand the role of the officials in revenue survey.

4

INTRODUCTION Land is a limited and essential resource which has to be utilized in a manner so as t maximize its

use while keeping every persons interest. Land being a limited resource raises inherent conflicts

of interest and cannot be used in a manner that the reach and powerful are able to super cede the

needs of the less rich and poorer strata of society. Thus all land, to whatever purpose applied and

wherever situated, is the asset and responsibility of the State Government and is liable to

payment of revenue to the State Government, except such land as has been wholly exempted

from such liability by special grant of or contract with the State Government is liable to payment

of revenue to the state Government or under the provisions of any law or rule for the time being

in force. Such revenue is called “Land Revenue”; and that term includes all moneys payable to

the State Government for land, notwithstanding that such moneys may be described as premium,

rent lease money, quit-rent or in any other manner, in any enactment, rule, contract or deed. The

Chhattisgarh Land Revenue Code 1959 provides the fulcrum law for land revenue, its collection,

management and every other aspect related to land revenue. The project is going to deal in detail

with one such aspect which has been dealt by the Chhattisgarh Land Revenue Code which is

revenue survey and is dealt by Chapter VI Part B from Section 66 to 74.

MEANING OF REVENUE SURVEY

Revenue survey has been defined by Section 66 of CGLRC in an inclusive manner to include the

operations carried out in accordance with the provision of Chapter 7 Part B which are primarily:

i) All or any of the operations pertaining to the division of land into survey numbers and

grouping them into villages, recognition of existing survey numbers, reconstitution

thereof or forming new survey numbers and operations incidental thereto;

ii) Soil classification;

iii) Preparation or as the case maybe revision or correction of field map;

iv) Preparation of record of rights, in order to bring the land records upto date in any

local, over area.

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The definition deals with All or any of the operations pertaining to the division of land into

survey numbers and grouping them into villages, recognition of existing survey numbers,

reconstitution thereof or forming new survey numbers and operations incidental thereto Soil

classification, Preparation or as the case maybe revision or correction of field map and

preparation of record of rights, in order to bring the land records upto date in any local, over

area. Thus it is important to understand what is survey numbers and field maps. Survey number

are a portion of the land in non-urban area formed into or recognized as a survey number at the

last preceding revenue survey or subsequently recognized as such by the Collector in respect of

which the area and land revenue payable are separately entered under an indicative number in the

land records and includes, any portion of land entered in the land records under an indicative

number known as the khasra number.1

Field map has been defined by Section 107 of the CGLRC as a map prepared showing the

boundaries of survey numbers or plot numbers and waste lands for every village except

otherwise directed by the State Government. They may be prepared for the abadi of each village

a map showing the area occupied by private holders, and the area not so occupied and such other

particulars as may be prescribed. Furthermore if the State Government considers that in the case

of any village it is necessary to show in the map prepared the plots occupied by private holders,

it may direct the Collector to get the map so prepared or revised. Collector is empowered to

revise or correct the field map after consideration of the matter on merits. The term revise means

primarily to review or re-examine, to correct or to amend the fault as has been held in Shivnath

Prasad Srivastava v Board of Revenue.2

The Gram Panchayat may also pass a resolution that a map of the village abadi should be

prepared showing separately the plots occupied by private holders and is willing to contribute to

the cost of the survey operations in such proportions as may be prescribed the State Government

may undertake the preparation of the map. Such map shall be prepared or revised as the case may

be by the Settlement Officer at revenue survey and by the collector at all other times and in all

other circumstances.

PROCEDURAL PREREQUISITE: NOTIFICATION

1 Section 2(x).2 M.P. 2002 (2) MPHT 459 (MP) (Jabalpur).

6

Notification is necessary whenever the State Government decides that a revenue survey should

be made of any local area as specified by Section 67 of the CGLRC. The notification shall be

compulsorily published to that effect and such local area shall be held to be under such survey

from the date of such notification. Moreover the notification will continue to be in effect until

there is an issue of a notification declaring the operation to be closed. The extent of such

notification may be to all lands generally in the local areas or to such lands only as the State

Government may direct. It is important that a particular notification be served for a proposed

revenue survey by the State Government. Section 67 of the CGLRC provides for the

requirements of this particular notification.

POWERS BESTOWED ON SETTLEMENT OFFICER FOR REVENUE SURVEY

1) For the formation of survey numbers and villages, Section 68 bestows certain powers on

the Settlement Officer. The Settlement officer may take measurements of the land to which the

revenue survey extends and construct such number of survey marks thereon as necessary.

Furthermore the Settlement Officer may divide such lands into survey numbers and group the

survey numbers into villages. He may also recognize existing survey numbers, reconstitute

survey numbers or form new survey numbers. However this particular power comes with a

proviso primarily providing that except as hereinafter provided, no survey numbers, comprising

land used for agricultural purposes shall henceforth be made of less extent than a minimum to be

prescribed for the various classes of land. It is also further provided that the limit prescribed

herein shall not apply in the case of survey numbers already existing immediately before the date

of notification under sub-section (1) of Section 67.3

RULES TO FACILITATE FORMATION OF SURVEY NUMBERS AND VILLAGES

Rules under section 68 regarding formation of survey numbers and villages was issued by

notification dated 6-1-1960. The rule cull out the exception as to when these khasra numbers and

survey numbers as they stand the same way unless their renumbering is considered necessary in

3 Section 68

7

which case they shall be renumbered afresh. The numbers to be retained or altered shall be

known as survey numbers. Furthermore if the survey numbers don’t match on the field map then

the map shall be altered in accordance with the boundary agreed on by the parties concerned or

as determined under Section 125 of the Code. However even if renumbering is not considered

necessary no new survey numbers shall be formed except in the following cases:

i) Where the land is taken up for special purposes such as public buildings and purposes

specified under section 237(1).

ii) Where unoccupied lands are given for cultivation.

iii) Where unoccupied lands are brought under survey for the first time

iv) Where survey numbers exceeding 30 acres or such areas as may be notified for a

particular tract are divided into two or more survey numbers to reduce their area.

v) No survey numbers consisting of land to be used for agricultural purposes only shall

henceforth be formed with less than such area as the State Government may by

notification specify for different tracts in the State provided that in case of land

acquired for public purposes or set aside for special purposes the minimum area of a

new survey numbers shall be one acre.

Furthermore two or more occupied survey numbers may be amalgamated provided the following

conditions are satisfied:

1. The total area does not exceed 30 acres or where one of the numbers to be amalgamated is

than five acres in area, 40 acres;

2. The tenure holder or tenure holders of each survey number are the same and agree to

amalgamation;

3. There are no sub-divisions;

4. The common boundary is such that the amalgamation will materially facilitate cultivation

provided that the limits imposed by or under condition 1 may be exceeded to such extent as

the Settlement Commissioner may by general or special order sanction.

The combined survey number shall be given the numbers of all the survey numbers which have

been amalgamated to form it. Survey numbers may be cancelled only when they cease to be a

part of the village area. Two or more adjoining unoccupied survey numbers may be amalgamated

when they are reserved under sub-section 1 of Section 237 for the same purpose.

When two or more villages are to be amalgamated the following conditions are to be satisfied:

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i) They should be adjacent;

ii) The village sites or abadis adjoin or there is only one village site or abadi and the

other villages are uninhabited; and

iii) Communal rights over unoccupied lands are enjoyed in common by cultivators of all

the villages.

Provided that the total area of the new village formed after amalgamation shall not

ordinarily exceed 2000 acres except when the area of the smaller villages is less tha

200 acres.

On amalgamation of villages the survey number of the largest inhabited village shall be retained

and those of the other villages renumbered starting from the number next to the last number of

the largest inhabited village, the cancelled numbers being shown in brackets below the new

numbers unless the Settlement Officer considers renumbering of the survey numbers necessary

in which case he shall renumber them in one new series.

A village may also be divided into two or more villages provided one or more of the following

conditions are satisfied:

i) The areas of the existing village is too big to be conveniently manageable as a single

unit;

ii) Communal rights are enjoyed over unoccupied lands situated in district are separate

units;

iii) In the case of an existing village comprised partly or wholly of old uninhabited

villages, one or more such villages has developed into a stable inhabited areas;

iv) There are other reasons of a similar nature.

No division shall be allowed resulting in the formation of an area of less than 200 acres. On the

division of a village into two or more villages the survey number of the newly formed villages

shall be renumbered starting form No. 1 in each case, the cancelled numbers being shown in

brackets below the new numbers.

2) When any portion of agricultural land is diverted under the provisions of Section 172 to

any non-agricultural purpose, or when any portion of land is specially assigned under Section

237, or when any assessment is altered on any portion of land under sub-section (2) of Section

9

59, the Settlement Officer may make such portion into separate survey number or sub-division of

a survey number. 4

Section 172 primarily deals with the procedure manner applicable to diversion of land as

applicable in the State of Chhattisgarh. Furthermore even Section 237 deals with diversion of

land but for a specific section of people for exercising their nistar rights. The State has given

reasons that in view of large scale of poor population and to reach the poorest of the poor and the

landless persons it had become necessary to reduce the land and divert it. Section 237 provides

that subject to the rules made under this code, the collector may set apart unoccupied land for the

purpose of timber or fuel reserve, for pasture, grass bir or fodder reserve, for burial/cremation

grounds, for gaothan, for encamping ground, for threshing floor, for bazaar, for skinning ground,

manure pits, for public purposes such as schools, play grounds, parks road, lanes drains and the

like and for any other purpose which may be prescribed for the exercise of right of Nistar. Such

land is not to be diverted without the sanction of the Collector. Furthermore as seen in Smt.

Rukmani Bai and ors. v . Chunnilal and others5 no individual can individually enjoy land for

Nistari rights for his exclusive own use. These rights belong to all the inhabitants of the village

as it is a collectively enjoyed right.

Section 59 deals with variation of land revenue according to purpose for which lad is used. Sub

section 2 of Section 59 thus states that where land assessed for use for any one purpose is

diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding

that the term for which the assessment may have been fixed has not expired be liable to be

altered and assessed in accordance with the purpose to which it has been diverted.

3) The Settlement Officer further has the power to renumber or subdivide survey numbers.

He may either re-number or sub-divide survey numbers into as many sub-divisions as may be

required in view of the acquisitions of rights in land or for any other reason. Furthermore the

division of survey numbers into sub-divisions and the apportionment of the assessment of the

survey number amongst the sub-divisions shall be carried out in accordance with the rules made

under the Code and such rules may provide limits either of area or of land revenue or both,

below which no sub-division shall be recognized. However provided that the total amount of

4 Section 69.5 2011 (4) M.P.H.T. 251.

10

assessment of any survey number shall not be enhanced during the tem of a settlement unless

such assessment is liable to alteration under the provisions of this Code. Where a holding

consists of several khasra numbers the Settlement Officer shall assess the land revenue payable

for each khasra number and record them a separate survey numbers. Whenever the survey

numbers are re-numbered the Settlement Officer shall correct the entries in all records prepared

or maintained under Chapter IX.6

RULES MADE TO FACILITATE DIVISION OF SURVEY NUMBER

Rules made under section 70 regarding division of survey numbers into sub-divisions and

apportionment of the assessment was made by a notification dated 6-1-1960. For every portion

of a survey number which is held under a separate title shall be formed into sub-divisions

provided that no such sub-division shall be formed with an area of less than 0.05 acre or land

revenue less than 5 naya paisa if the land is used for the purpose of agriculture. Moreover with

an area of less than 100 square feet or land revenue less than 5 naya paisa if the land is used fo

any other purpose except where a portion of unoccupied land belonging to Government is settled

with the holder of the land adjoining it.

Alluvial land lawfully occupied by a person other than the Bhumiswami of the adjoining land

shall be formed into a sub-division. However if the area of such land exceeds one acre and is in

the occupation of the Bhumiswami of the adjoining land, it shall be formed into a sub-division

and included in the survey number.

Two or more adjoining sub-divisions in a survey number may be amalgamated when they are

held by the same holder under the same tenure. Unculturable land shall be distributed amongst

the several sub-divisions as agreed on by the Bhumiswami. If such land is held in joint

possession, it shall, unless it is a road or a nalla, be formed into a separate unassessed sub-

division.

The assessment of a survey number shall be distributed over its sub-divisions as agreed on by the

Bhumiswamis or where there is any dispute, in accordance with the area and soil classification of

the various sub-divisions. On revision the new assessment shall be distributed over the sub-

divisions in the same manner as the old assessment.

6 Section 70.

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RULES TO FACILITATE REVENUE SURVEY OF AGRICULTURAL

AND NON-AGRICULTURAL LAND

4) The area and assessment of survey numbers and sub-divisions be of survey numbers shall

be entered in such records as may be prescribed.7 Rules made under section 71 regarding revenue

survey of agricultural land had been provided for by a notification dated 6-1-1960. It firstly

provided for the assessment of agricultural lands where the land records staff of the tahsil under

revenue survey was placed under the control of the Settlement officer and with the sanction of

Settlement Commissioner, the Settlement officer may appoint additional staff. The Settlement

officer shall carry out a survey, re-survey or map correction of such villages covered by

notification under Section 70 as are in need of such a survey, re-survey or map correction. In

making such a decision he shall have regard of the current map and relevant circumstances. The

survey shall be carried out to such an extent and in such a manner as may be directed by the

Settlement Commissioner. The original measurement made by the subordinate survey staff shall

be tested by the Officer in charge of the measuring establishment. The area and the revised

assessment of survey numbers and sub-divisions shall be entered in the Field Book and also in

the record of rights.

New roads that have come into existence, topographical features such as hillocks, trees, wells,

tanks, nallas, rivers, railway lines, temples and houses etc shall be shown in the map. During

such revenue survey the Settlement Officer shall also measure the abadi area and area ancillary

to it. Lands set aside for the purpose specified in Section 237(1) shall be given separate survey

numbers.

The soil classification if already made at the preceding revenue survey shall not normally be

changed except for valid reasons. De novo soil classification should normally be avoided. If the

land assessed has not been classified previously or even if classified previously has to be

classified again because of change in irrigation facilities or for other reasons, the classification or

the re-classification as the case may be, shall be made having regard to the productive capacity

as judged by its depth, quality of soil and such other factors as directed to be considered.

7 Section 71

12

Furthermore if any advantage or disadvantage arises while seeing the soil classification it shall

be taken into consideration.

The basis on which the assessment of non-agricultural lands shall be worked out will be the

estimated rental values of non-agricultural lands in the village. Furthermore to estimate the

figures of rental value correctly, the Settlement officer shall consider the freehold values of non-

agricultural lands separately for sites of dwelling, sites for the purposes other than agriculture,

dwelling, industry or commerce and sites for industrial and commercial purposes on the basis of

transactions that have taken place during the twenty years preceding the year of enquiry. After

the freehold value of non-agricultural land in a village is determined, the Settlement Officer shall

work out the figure of the rental value per 10 sq. meters by calculating it at six naya paisa in the

rupee on the normal freehold value of the land in the village.

The notification also provides for manner of announcement of settlement and that the State

Government or with their concurrence, the Settlement Commissioner may issue such instructions

as may be necessary to carry out the operations of revenue survey contemplated by the rules.

5) The Settlement Officer further has the power to determine the Abadi of a village. He shall

in the case of every inhabited village ascertain and determine with due regard to the rights in the

lands, the area to be reserved for the residence of the inhabitants or for the purposes ancillary

thereto, and such area shall be deemed to be the abadi of the village.8

Abadi has been defined by the CGLRC in Section 2(a) as the area reserved from time to time in a

village in a non-urban area for residence of the inhabitants thereof or for purposes ancillary

thereto and any other local equivalent of this expression such as a village site or gaonsthan shall

be construed accordingly. Land can be reserved for abadi if the land is insufficient according to

the discretion of the Collector or else the State Government can acquire land if it is not available

for the extension of abadi.9

8 Section 72. 9 Section 243.

13

6) More so the Settlement officer has the power to divide or unite villages or exclude area

there from. The Settlement Office may divide a village to constitute two o more villages or may

amalgamate two or more villages and constitute one village o may alter the limits of a village by

including therein any area of a village in the vicinity thereof o by excluding any area comprised

therein, in accordance with the rules made under the CGLRC.10

FACILITATING GROUPING OF VILLAGES

Village has been defined by the CGLRC as any tract of land which before the coming into force

of this code was recognized as or declared as a village under the provisions of any law for the

time being in force and any other tract of land which is hereafter recognised as a village at any

revenue survey or which the State Government may, by notification declare to be a village.11 The

villages of each district or tahsil or part of a district or tahsil comprised in the area under revenue

survey shall be formed into groups and in forming such group regard shall be had to physical

features, agricultural and economic conditions and trade facilities and communications.12

CONCLUSION

10 Section 73.11 Section 2(z-5).12 Section 74.

14

In India land being a limited resource creates great interest, however land is a primary source of

livelihood for at 70 % of the Indian population is dependent on agriculture. Agricultural land

thus provides for both greater interest and greater care. Revenue survey is very important as it

deals primarily with the non-urban area. A revenue survey plays an important role mainly in

villages as it allots survey numbers. Moreover it is crucial for the rural masses and the farmers as

it determines the soil classification.

Revenue survey all so assists in correcting any areas made in the field map and thus revises these

field maps and corrects them. It further facilitates and protects the rights of the inhabitants as

they help maintain the record of rights. The CGLRC does keep in mind the necessity of proper

management and awareness of the survey thus keeps a procedural requisite of a notification prior

to the revenue survey.

Revenue survey further assist in maintaining the villages and facilitates the grouping of villages

for better administration and development. It bestows a number of powers on the Settlement

Officer for the proper performance and execution of the revenue survey. Revenue survey plays a

crucial role in updating survey numbers, sub-diving them or amalgamating them as per the

requirement.

Thus revenue survey plays a crucial role in maintaining the entire land revenue system especially

in non-urban areas. It creates an organized basis for the furtherance for the other provisions of

the Chhattisgarh Land Revenue Code and helps in proper management of villages and non-urban

areas. Furthermore the rules through notifications have time and again facilitated the revenue

survey making it effective and efficient in its functioning.

REFERENCES 15

ACTS

The Chhattisgarh Land Revenue Code, 1959.

BOOKS

M.L. Jindal, M.P./Chhattisgarh Land Revenue Code, 1959, Rajkamal Publications,

Indore (2006).

The Madhya Pradesh Land Revenue Code, 1959, Suvidha Law House Pvt. Ltd, 2013

(reprint).

RULES

Rules made under Section 68, Notification no 177-6477-VII-N (Rules), dated 6-1-1960.

Rules made under Section 70, Notification no 178-6477-VII-N (Rules), dated 6-1-1960.

Rules made under Section 71, Notification no 179-6477-VII-N (Rules), dated 6-1-1960.

ARTICLES

SAIINDIA, Audit Report (Revenue Receipts) for the year ended 31 March 2011, Chapter

V: Land revenue, Chhattisgarh,

http://saiindia.gov.in/english/home/Our_Products/Audit_Report/Government_Wise/

state_audit/recent_reports/Chhattisgarh/2011/Revenue/Chap_5.pdf (last visited 20th

February, 2014).

16