Chapter III Reclamation of Waste-land

In this Chapter— (a) “date of taking possession” means the date on which temporary possession of the land is taken on behalf of the Government under section 21; (b) “waste-land” means any land lying waste through water-logging, accumulation of sand, growth of jungle, soil erosion or any other cause, or lying uncultivated, for not less than three consecutive years.

(1) If the board is satisfied that for purposes of executing any scheme of reclamation of waste-land sanctioned under section 5, it is necessary that temporary possession of any waste-land should be taken, it may, by order in writing, direct the Land Development Commissioner to take temporary possession of such land on behalf of the Government on such date as may be specified in that order. (2) The order shall be made in such form and brought to the notice of the owner of the land in such manner, as may be prescribed. (3) On the date specified in the order, the Land Development Commissioner or an officer authorised by him shall enter upon and take possession of the land on behalf of the Government.

When the land has been taken possession of the Land Development Commissioner may, with the approval of the Board, arrange for its reclamation— (a) by retaining it under his management for such period as he thinks fit, or (b) by settling it for such period and on such terms as may be fixed by the Board with the person who on the date of taking possession was in lawful possession of the land, or was entitled to such possession, or, if such person is dead, with his successor in interest, or (c) if such person refuses to take the land for such period or on such terms, by settling it with any other person, or (d) by a combination of the methods aforesaid: Provided that the total period for which the land is retained or settled under this section shall not exceed ten years.

No claim of the landlord to any arrears of rent accrued or due in respect of the land for the period prior to the date of taking possession shall thereafter be enforced by any court, whether in execution of a decree or otherwise, against the Government or against any person holding the land under the Government, or by the issue of any process against the land.

(1) When the reclamation of the land is in the opinion of the Land Development Commissioner complete and, in any case, before the expiry of a period of ten years from the making an inquiry in the prescribed manner and by order in writing,— (a) declare that possession of the land shall be restored on such date as may be specified in the order to the owner who on the date of taking possession was in lawful possession of the land, or was entitled to such possession, or if he is dead, to his successor in interest; (b) determine the person to whom possession is to be so restored; (c) where such person is a tenant, determine the rent payable on account of the use or occupation of the land; and (d) where the land or any part thereof has been afforested, regulate the cutting of trees in such land. (2) On the date specified in the said order, possession of the land shall be deemed to have been delivered by the Government to the person determined under clause (b) of sub-section (1). (3) The delivery of possession of the land to the person determined under clause (b) of sub-section (1) shall be final and full discharge of the Government from all liability in respect of such delivery, but shall not prejudice any right in respect of the land to which any other person may be entitled, by due process of law, to enforce against the person to whom the possession of the land has been so delivered.

(1) As soon as may be after the date of taking possession of the land, the Land Development Commissioner shall make an inquiry in the prescribed manner and determine— (a) in respect of any land which on the said date was in the occupation of a tenant— (i) the annual rent payable by him, and (ii) the average net annual income, if any, after deducting rent derived by him during the three years immediately preceding the said date, and (b) in respect of any other land, the average net annual income, if any, without deducting any land revenue payable, derived by the owner during the three years immediately preceding the said date. (2) There shall be payable by the Government as compensation on each anniversary of the date of taking possession until the date referred to in sub-section (2) of section 24— (a) in respect of such land as is referred to in clause (a) of sub-section (1), the amount determined under sub-clause (i) thereof to the landlord, and the amount determined under sub-clause (ii) thereof to the tenant, and (b) in respect of any other land, the amount determined under clause (b) of sub-section (1) to the owner. (3) For the purposes of this section “landlord” means the person under whom the tenant holds land and to whom the tenant is, or but for a special contract would be, liable to pay rent for that land, and any reference to an owner, landlord or tenant shall be deemed to include a reference to the predecessors and successors in interest of the owner, landlord or tenant.

The Board shall maintain, in such form and in accordance with such rules as may be prescribed, an account of all receipts and payments by the Government in respect of the land, and any owner of, or other person saving an interest in, the land may, on payment of a fee of eight annas, inspect the account.

(1) The net expenditure incurred by the Government on the reclamation of the land under the provisions of this Chapter or such part of that expenditure as the Chief Commissioner may by general or special order direct, together with interest calculated at the prescribed rate and in the prescribed manner, shall be recovered as arrears of land revenue from the person to whom possession of the land delivered by the Government under sub-section (2) of section 24. (2) The amount to be recovered under sub-section (1) from any person shall be decided by the Board.

Any person aggrieved by an order under section 21, section 24, section 25 or sub-section (2) of section 27 of the Board or the Land Development Commissioner, as the case may be, may, within the prescribed time and in the prescribed manner, appeal to the Chief Commissioner, and the decision of the Chief Commissioner on such appeal, and where no appeal is preferred the order aforesaid, shall be final and shall not be called in question in any court.

The taking and retaining of possession of any land on behalf of the Government under provisions of this Chapter shall not affect the liability of any person for the payment of land revenue, rate or cess in respect of the land for any period whether before or after the date of taking possession.