U.P. Consolidation of Holdings Act, 1953 | Important Acts and Laws for Judiciary Exams PDF Download

Meaning of Consolidation

• Definition: Consolidation in the context of land holdings refers to the reorganization and realignment of fragmented land parcels into compact and contiguous units.
• Purpose: The primary goal of consolidation is to enhance the efficiency of agricultural operations, facilitate better irrigation practices, and optimize land usage.
• Process: Consolidation involves redistributing land holdings among landowners to create consolidated plots that are more manageable and conducive to modern agricultural practices.
• Benefits:
  • Improved Farming Practices: Consolidation allows for the implementation of advanced farming techniques and technologies on a larger scale.
  • Enhanced Productivity: By consolidating land holdings, farmers can maximize the use of resources and increase agricultural output.
  • Infrastructure Development: Consolidation often leads to better infrastructure development, such as improved irrigation systems and access roads.
  • Social Harmony: Resolving disputes related to land boundaries through consolidation can foster better relations among landowners.
• Example: For instance, in Uttar Pradesh, the Consolidation of Holdings Act, 1953, aims to consolidate small and scattered land holdings into more coherent units to promote agricultural efficiency and rural development.

Views of Food and Agriculture Organization (FAO)

Scope of Land Consolidation Schemes

• An early goal of land consolidation projects was to boost agricultural income and reduce costs by combining land parcels and introducing improvements like irrigation and land leveling.
• The focus has evolved from merely restructuring agriculture to enhancing the overall efficiency of rural spaces, considering factors such as agriculture, landscape, nature conservation, and recreation.
• Increasing attention is now given to environmental considerations within land consolidation practices.
• Modern land consolidation initiatives encompass activities like village revitalization, ensuring sufficient land for new homes and workplaces.
• Recent changes in rural development concepts emphasize gender inclusivity and the use of alternative dispute resolution methods in land consolidation projects.
• Additionally, these projects aim to update land tenure systems by phasing out outdated rights such as grazing, haymaking, timber felling, and fishing.

Consolidation under the UP Consolidation of Holdings Act, 1953

• Consolidation is defined in Section 3(2) as the grouping together of certain types of land for specific reasons:
• Land that was used for agriculture in the year just before the notification under Section 4 was announced.
• Land affected by river actions and severe soil erosion.
• Land specified in Section 132 of the U.P. Zamindari Abolition and Land Reforms Act, 1950.
• Areas that usually face prolonged water-logging, forming compact regions.
• Usar, kallar, and rihala plots that form a concentrated area, including cultivated land within that area.
• Land utilized for cultivating pan, rose, bela, jasmine, and kewra.
• Other areas that the Director of Consolidation marks as unsuitable for consolidation purposes.
• The site, which is part of a holding, where a house or a similar structure stands.
• Trees, wells, and other improvements present on the plots within the holding.
• Includes an asami, a Government lessee or grantee, or a co-operative farming society that meets specific conditions.

This Act aims to reorganize land for various reasons, such as improving agricultural practices, preventing soil erosion, and ensuring effective land use.
Let's explore these points further with some examples:

• Land for Agriculture: Imagine a piece of land used for growing crops like wheat or rice in the year just before the government announced plans for land consolidation.
• Areas prone to Soil Erosion: Visualize land near a riverbank that regularly faces erosion due to the force of the water.
• Compact Water-logged Areas: Think of regions that often get flooded due to heavy rainfall, forming compact areas that are difficult to cultivate.
• Cultivation of Specific Crops: Consider land specifically designated for growing plants like roses or jasmine, which require unique conditions for growth.
• Unsuitable Areas for Consolidation: These could be regions with geographical challenges or environmental factors that make consolidation impractical.

By understanding these criteria, stakeholders can effectively plan and implement land consolidation projects to enhance agricultural productivity and land sustainability.

Understanding the Consolidation of Land Process

• Initiation of Consolidation: The process begins with the declaration and notification of the consolidation process, indicating the intention to consolidate land holdings.
• Revision of Maps and Records: Existing land maps and records are thoroughly reviewed and updated to accurately reflect the current status of land ownership and boundaries.
• Preparation of Statements and Principles: Detailed statements and principles are formulated to guide the consolidation process, outlining the rules and procedures to be followed.
• Inviting Objections and Appeals: Stakeholders are given the opportunity to raise objections and file appeals regarding the proposed consolidation, ensuring transparency and accountability.
• Assessment of Land Revenue on Holdings: The assessment of land revenue on individual holdings is conducted to determine the financial implications of the consolidation for each landowner.
• Development of Consolidation Scheme: A comprehensive consolidation scheme is prepared, outlining the specific actions and strategies to be implemented during the consolidation process.
• Enforcement of the Scheme: The consolidation scheme is enforced, ensuring that the planned activities and measures are carried out effectively and in accordance with the established guidelines.
• Compensation Arrangements: Provision is made for compensating landowners who may incur losses or changes in their land holdings as a result of the consolidation process.
• Anticipated Consequences: The potential consequences of the consolidation process are identified and communicated to stakeholders to provide clarity on the expected outcomes.

Declaration and Notification regarding Consolidation

• Authorized activities include entering upon and surveying land, taking levels, and fixing pillars.
• Tasks involve rectangulation and other necessary acts to assess area suitability for consolidation.
• Legal implications: Proceedings for record correction or rights declaration concerning land in the area stand abated upon court order.
• Notice and opportunity for parties are mandatory before passing such abatement orders.
• Abatement does not impede affected parties from addressing disputes before consolidation authorities.

Revision of Maps and Records

• Revision activities encompass updating maps and records for accuracy and relevance.
• Details must be revised periodically to reflect any changes or developments.
• Accuracy in mapping is crucial for effective land management and planning.
• Regular revisions help in maintaining up-to-date information for decision-making processes.

Preparation of Statement of Principles

• Details of areas earmarked for extension of abadi, including areas designated for abadi sites for Harijans and landless individuals in the unit, as well as for other specified public purposes.
• The method through which tenure-holders will provide land for the extension of abadi and other public requirements.
• Specification of land to be reserved for public purposes from the land held by a Gaon Sabha or Local Authority according to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.
• Definition of standard plots allocated for each unit.

Inviting objections and appeals

• Correcting clerical mistakes, if any, and sending notices to tenure-holders and other relevant parties. These notices should include extracts from the current annual register and other prescribed records, displaying:
  • Rights and liabilities concerning the land
  • Identification of mistakes, undisputed successions, and disputes found under Section 8
  • Allocation of specific shares among individual tenure-holders in joint holdings to facilitate partitions for consolidation
  • Assessment of plot values
  • Assessment of the worth of trees, wells, and other enhancements for compensation calculation and distribution among multiple owners, if applicable
• Communicating rights and liabilities related to the land to the concerned parties
• Identifying errors, uncontested successions, and disputes under Section 8
• Determining individual shares of tenure-holders in joint holdings for partition purposes and consolidation
• Valuing plots
• Appraising trees, wells, and other improvements for compensation calculation and distribution among multiple owners, if present
• Displaying the current khasra, annual register, khasra chakbandi, Statement of Principles under Section 8-A, and other relevant records in the unit to showcase the information outlined in clause (a)

Assessment of Land Revenue on Holdings

• Identification of the land revenue amount owed by a tenure-holder for land where they gain rights due to directives issued under this legislation.
• When necessary, determination of the land revenue sum to be paid for a part of the tenure-holder's property.

This process involves calculating the specific amount of land revenue that a tenure-holder must pay based on the rights they acquire through legal procedures outlined in the Act. For instance, if a tenure-holder gains additional land through inheritance or government allocation, the assessment of land revenue ensures that they contribute the appropriate fees to the authorities. Additionally, when a tenure-holder possesses a large tract of land, the assessment may involve evaluating only a portion of their holding for land revenue purposes. This allows for a fair and accurate calculation that aligns with the legal requirements governing land revenue assessments. In essence, the assessment of land revenue on holdings aims to establish a transparent and equitable system for determining the financial obligations of landowners, ensuring compliance with relevant regulations and promoting fairness in revenue collection.

Preparation of Consolidation Scheme

• Tenure-holders' rights and obligations, as documented in the yearly register prepared according to Section 10, are safeguarded in the allocated lands, with potential deductions for contributions to public causes as per the law.
• The value of plots given to a tenure-holder, after potential deductions for public contributions, matches the value of the plots originally possessed by them. However, the Director of Consolidation must approve any deviation in the allotted area, which should not exceed twenty-five percent of the original holding.
• Compensation decided upon under the regulations of this law, or the accompanying rules, is granted to the tenure-holder for trees, wells, and other enhancements initially belonging to them but now allotted to another tenure-holder, as well as for land contributed by them for public use.
• Compensation is also provided for any improvements like trees, wells, and other assets initially owned by the tenure-holder but now given to another, as well as for land contributed by the tenure-holder for public purposes.
• The Gaon Sabha or any relevant local authority receives compensation for any development carried out in or on their land, which is then allotted to a tenure-holder.

Enforcement of Scheme

• The consolidation scheme is put into action to ensure that the rights and obligations of tenure-holders are upheld and managed effectively.

Compensation for Land Contributed for Public Purposes

• For land contributed by a bhumidhar with transferable rights, compensation is set at four times the land revenue reduced under Section 29-AA.
• For land contributed by a bhumidhar with non-transferable rights, compensation is set at two times the land revenue reduced under Section 29-AA.

In Section 29B, provisions are made for compensating tenure holders who contribute their land for public purposes. The compensation amount varies based on the type of land ownership rights held by the bhumidhar.

Explanation

• Bhumidhar with Transferable Rights: If a bhumidhar holds land with transferable rights and contributes it for public purposes, they are entitled to receive compensation equal to four times the land revenue reduced under Section 29-AA. This means that the compensation amount will be four times the specified portion of the land revenue.
• Bhumidhar with Non-Transferable Rights: In the case of a bhumidhar with non-transferable rights who contributes land for public purposes, the compensation amount is set at two times the land revenue reduced under Section 29-AA. This ensures that even those with non-transferable rights receive fair compensation for their contribution.

Example: Suppose a bhumidhar with transferable rights contributes a piece of land for the construction of a public road. If the land revenue reduced under Section 29-AA is Rs. 10,000, the compensation this bhumidhar would receive is Rs. 40,000 (4 x Rs. 10,000).Similarly, if a bhumidhar with non-transferable rights contributes land for a public park, and the land revenue reduced under Section 29-AA is Rs. 15,000, the compensation for this landowner would amount to Rs. 30,000 (2 x Rs. 15,000).This provision ensures that tenure holders are fairly compensated for the land they contribute for public projects, taking into account the nature of their land rights.

Compensation which will ensue on exchange of possession

• When possession is exchanged, the rights, title, interest, and liabilities of the tenure-holder entering or deemed to have entered into possession, as well as those of the former tenure-holder of the plots comprising the chak in their original holdings, will cease.
• The tenure-holder entering into possession will inherit the same rights, title, interest, and liabilities in his chak as he had in the original holdings. Additionally, he will receive benefits of irrigation from a private source, as long as the source exists, similar to what the former tenure-holder had regarding those plots.
• Lands allocated to the tenure-holder by the Gaon Sabha or any local authority will be considered as resumed by the State Government under specific provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, and settled with the tenure-holder.
• After a declaration made under certain provisions, the rights of the public and individuals over land included in a chak will cease, and new rights will be established in the land specified in the final Consolidation Scheme.
• Any encumbrances on the original holding of the tenure-holder entering or deemed to have entered into possession, such as leases or mortgages, will cease to apply to that holding and will be transferred to the holdings specified in the final Consolidation Scheme.