Of land, (Buy) Land, for Land

Land has been a very precious commodity for individuals, society, nation and, also for politicians with either good or bad intentions, for millennials. Without land neither can we eat anything, nor can develop as a country, nor can we think of the world around us. In times of man reaching the moon, land value remains what it has been for centuries.

Housing, agriculture, road development, sports stadia, entertainment hubs, hospital or school building and so on – everything requires land.

Yet, land is not an easy thing to deal with, especially in Indian conditions. It triggers wars between two nations, fights and even killing of individuals as also it leads to personal disputes, controversies which often result in endless litigations. As per a rough estimate, half of the cases pending in various Indian courts pertain to land-associated issues either due to inability of understanding about lands or perhaps the greed to acquire more and more land by flouting extant rules. Many a times people violate rules, as laid down by the governments, from time to time, and land in trouble also because of lack of awareness.

The book under review is all about land and laws related to land for a common man to understand the nature, use and purpose of land and be careful while dealing with any land transactions. And, therefore I consider this as an important publication from a lay person’s point of view. This is definitely not to suggest that without consulting a lawyer or expert in land issues, any major project of land purchase or sale can be done just by having read this book.

The authors have dabbled in issues related to lands in their respective capacities as district collector or land revenue officer and as a lawyer for many years and have elaborated, in an easy-to-understand manner various provisions about land, both agricultural and urban, the land revenue codes, historical perspectives, legal provisions and more. There are umpteen number of laws (Indian Registration Act 1908, Requisitioned (Continuance of powers) Act 1947, Bombay Land Revenue Code 1897, Urban Land Ceiling Act 1976, Transfer of Property Act 1882, Laws and Rules related to building construction, the Forest Acts and so on) that govern land issues in India and pave way for development of cities and villages in a comprehensive manner. Many experts, however, are of the opinion that there are a little too many legal enactments in this country, creating problems for the ordinary people to follow in letter and spirit. Well, that is a separate issue altogether.

The authors have made things simple for the readers, given the fact land is an extremely limited resource and its very scarcity leads to tricky situations.

India’s Constitution has given supreme powers to government of India under the Seventh Schedule which also deals with powers vested in the Union Government and the state government. Land falls under the Union List, State List and the Concurrent List. Those interested in knowing how the country has developed over the decades, can go through this small book which tells us how land matters have contributed to the transformation of the society and growth of the country through the maze of laws.

This is not a guide nor strictly a legal book but a treatise that provides insight into land matters, though the overall content is written from a legal perspective. Since the authors are not essayists or professional writers, their approach and presentation are a bit different in what they have written from their experience as a bureaucrat and a lawyer. “If someone desires to capture the overall land issues, a single volume of publication is not available’’ says Shekhar Gaikwad, a Maharashtra cadre IAS officer. He says that though each state has different laws and orders from government, most of the provisions and the philosophy behind bringing in acts or making of rules is common – that is controlling land and regulation related issues by governments.

Recently, during my visit to the UK,I was amazed to see the urban design and regulations being practiced by the country and the well-planned ancient city of London with its beautiful structures, roads, common facilities and open parks. They have strict rules but flouting of the rules is a rarity, unlike what we commonly see in India. Since I am dealing with a book on land issues and urban perspectives, I was tempted to briefly mention what I experienced in the UK.

The book is divided in many easy chapters which deal with Constitution, land use patterns, provisions of transfe of property, land disputes, issues related to urban areas and so on, but briefly.

As cities are growing in India with alarming speed, lands are the central focus for all – for governments, development agencies, civil servants, bankers and real estate developers. With rapid urbanisation, the agriculture lands are shrinking and giving way to housing sector due to the increased requirement of the burgeoning population of the country. Authors have dealt with town planning provisions and processes which give us an idea how cities or new urban areas come into being with transport, water supply, industrial, aviation and recreational use earmarked through various rules. Well, let me admit that this is not a book that contains urban planning techniques or urban designs but takes one through regional planning aspects, density of population and land use regulations as practiced in India, in a slightly dry manner. The authors indicate that while there are many laws and rules for urban development, flouting of rules is common and for that strict governance is required as laid down in the Constitution.

One gets to know that when the land use changes happen, governments either requisitions new lands from private owners or release its land holdings for private players, as the case may be.

And there comes in the requisite knowledge about land ownership rules for an individual or for an organization. Authors have provided all possible steps, with legal provisions, for the help of an ordinary man to know his or her rights, limitations and the powers of government agencies – be it a municipal body, a development authority or the state government itself.