Legal Question in Landlord & Tenant Law in India

Dear,

I am a serving military officer, my father (dependent on me), wife(dependent)& sister(ex army officer)own agricultural land in UP, looked after by my father(farmer). Due to his old age & my frequent postings, had appointed a caretaker(no agreement in writing) for land. Taking advantage of our absence the caretaker filed a case under 129B to grab the land. Land legislation & UP land laws facilitates army personnel to give land on rent/tenants, however the local administration is oblivious of it. Caretaker in connivance with local administration has taken stay on the land "status Qo". Pease suggest remedial measures to get possession of land, thanks


Asked on 3/02/14, 2:11 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

02.03.2014

Dear Sir,

I quote certain citations from the High Court of Uttarakhand in the case of Shri Sarvesh Kumar and Another versus State of Uttarakhand for your reference :

On 12th September, 2003, the Uttaranchal (The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950) (Adaptation and Modification Order, 2001) (Amendment) Ordinance, 2003 (Uttaranchal Ordinance No. - 06 of 2003) was promulgated. By the said ordinance, sub-Sections (3), (4) and (5) were added to Section 154 of the Act and at the same time, amongst others, Section 129-B was added to the said Act. The objects and reasons for promulgation of the said ordinance was as follows: "Whereas, after the formation of the State of Uttaranchal, it was observed that a large number of transactions had been taking place whereby the limited agricultural land of the State was being purchased and sold indiscriminately for the purpose of profiteering, by individuals and vested interest groups, ostensibly for non-agricultural use, and whereas this created a situation where the agricultural community was being alienated from their land without being adequately compensated and whereas, the State having extensive international boundaries has the risk of providing settlements to external agencies or individuals with criminal, terrorist and anti- national links, it is felt that a legislation may be brought about to prevent the incidence of such activities, so that there is economic stability and a congenial environment for development."

Section 87 of the 2000 Act authorized the Legislature of the State of Uttarakhand to adopt and to modify any law made before 9th November, 2000 by the State of Uttar Pradesh applicable to the State of Uttarakhand within two years therefrom and while doing so, to repeal and to amend such law. In 2001, the State of Uttarakhand adopted the 1950 Act without any modification.

You may quote the above citations which institutes strictures restraining transfer of title of land under the above Acts.

Regards,

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Answered on 3/02/14, 3:04 am


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