Chapter VI 24 H.P. TENANCY AND LAND REFORMS ACT, 1972

Right of tenants to make improvement on land. (1) A tenant may at any time apply in writing to the landowner for permission to make improvements at his own expense on the land leased to him. (2) If, within one month of the receipt of such application, the landowner fails or refuses, without reasonable cause, to grant the required permission to the tenant, the tenant may make an application within a period of two months to the Assistant Collector, Second Grade, for the grant of such permission. (3) Where an application is made under sub-section (2), such officer after giving the parties an opportunity of being heard, may make such order thereon as be may deem fit. (4) Where a tenant makes any improvement on the land leased to him, in accordance with an order made under sub-section (3), the tenant shall be deemed to have made such improvement with the permission of the landowner.

Improvements made by a tenant before the commencement of this Act shall be deemed to have been made in accordance with this Act.

Improvements begun in anticipation of ejectment. A tenant ejected in execution of a decree, or in pursuance of a notice of ejectment, shall not be entitled to compensation for any improvement begun by him after the institution of the suit, or service of the notice, which resulted in his ejectment. (2) Any person aggrieved by an order of the Collector may, within sixty from the date of the order, prefer an appeal to the Commissioner, in form and manner, as may be prescribed: Provided that the Commissioner may entertain the appeal after the expiry of the said period of sixty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) With respect to all matters dealt with under this Chapter, the Financial Commissioner shall have the same power to call for, examine and revise the proceedings of the Land Reforms Officer, or the Collector or the Commissioner as provided in section 65 of this Act.

Liability to pay compensation for improvements to tenant on ejectment or an enhancement of his rent. Subject to the foregoing provisions of this Chapter, a tenant who has made an improvement on his tenancy in accordance with this Act shall not be ejected, and the rent payable by him shall not be enhanced, until he has received compensation for the improvement.

Compensation for disturbance of clearing tenants. (1) A tenant who has cleared and brought under cultivation waste land shall, if ejected from that land, be entitled to receive from the landowner as compensation for disturbance, in addition to any compensation for improvements a sum to be determined by a Revenue Court of Revenue Officer in accordance with the merits of the case, but not exceeding five year’s rent of the land: Provided that a tenant who is a joint owner of land to which this section applies shall not be entitled to compensation for disturbance on ejectment from the land or any part thereof. (2) If rent bas been paid for land by division or appraisement of the produce or by rates fixed with reference to the nature of the crops grown, or if no rent, or no rent other than the land revenue of the land and the rates and cesses chargeable thereon, has been paid therefor, the compensation may be computed as if double the amount of the land revenue of the land were the annual rent thereof: Provided that in any estate of which the assessment has been confirmed on or after the last settlement the compensation may be computed as if four times the amount of the land revenue of the land were the annual rent thereof.

Determination of compensation by Revenue Courts. (1) In every suit by a landowner to eject a tenant, the Court shall direct the tenant to file a statement of his claim, if any, to compensation for improvements or for disturbance and of the grounds th6reof. (2) If the Court decrees the ejectment of the tenant it shall determine the amount of compensation, if any, due to the tenant and shall stay execution of the decree until the landowner pays into Court that amount less any arrears of rent or costs proved to the satisfaction of the Court to be due to him from the tenant.

When a notice has been served on a tenant under section 39, a tenant may apply to the Revenue Officer having authority to order his ejectment under section 39, to determine the amount of compensation due to him for improvements or for disturbance, or for both, and the Revenue Officer shall determine, the amount, if any, accordingly and stay the ejectment of the tenant until the landowner pays to the Revenue Officer the amount so determined less any arrears of rent or costs proved to the satisfaction of the Revenue Officer to be due to the landowner from the tenant.

Matters to be regarded in assessment of compensation for improvements. In estimating the compensation to be awarded under this Chapter to a tenant for an improvement, the Court or Revenue Officer shall have regard to-(a) the amount by which the value or the produce of the tenancy, or the value of that produce, is increased by the improvement; (b) the condition of the improvement and the probable duration of its effect; (c) the labour and capital required for the making of such an improvement; (d) any reduction or remission of rent or other advantage allowed to the tenant by the landowner in consideration of the improvement; and (e) in the case of reclamation, or of the conversion of un irrigated into irrigated land, the length of time during which the tenant has had the benefit of the improvement.

Form of compensation. (1) The compensation shall be made by payment in money, unless the parties agree that it be made in whole or in part by the transfer of land or in some other way. (2) If the parties so agree, the Court or Revenue Officer shall make an order accordingly.

Relief in case of ejectment before determination of compensation. (1) If from any cause the amount of compensation payable to a tenant-(a) under this Chapter for improvement or disturbance; or (b) under section 42 for the value of uncut or ungathered crops or the preparation of land for sowing ; has not been determined before the tenant is ejected, the ejectment shall not be invalidated by reason of the omission, but the Court or Revenue Officer which decreed or who ordered the ejectment may, on application made by the tenant within one year from the date of ejectment, correct the omission by making in favour of the tenant an order for the payment to him by the landowner of such compensation as the Court or Revenue Officer may determine the tenant to be entitled to. (2) An order made under sub-section (1) may be executed in the same manner as a decree for money may be executed by Revenue Court.