Uttar Pradesh Consolidation Of Holdings Act 1963 & How It Fulfills The Idea Of Land Reform

Vidit Singh

Anadi Tiwari

INTRODUCTION

Land reform usually refers to redistribution of land from the rich to the poor. More broadly, it includes regulation of ownership, operation, leasing, sales, and inheritance of land. The elements of land reforms i.e., the abolition of intermediaries, regulation and stability of the tenurial system, ceiling on land holding, consolidation of land holdings used to be fiercerly debated.

Since past few years, there has not been much serious discussion about land, other than land acquisition and computerisation of land records. However, the farm crisis is serious. Farmers agitations, farmers suicides, migration, rural debt waivers and reverse migration in the wake of COVID-19 are some of its manifestations. At the root of these lies the issues of fragmented and uneven distribution of landholdings. These holdings are not in one complete form but in multiple sub-parcels located at different places in a village.

There has been scepticism about whether land consolidation indeed constitutes land reform. Our policy-makers have been convinced that it does. That is why it has been legislated and pursued since the beginning of the last century. After Independence, compulsory consolidation was replaced by voluntary consolidation in almost all states. However, considering its utility, the National Commission of Agriculture has recommended that consolidation schemes should be made compulsory across the country.

In a study titled “Land Consolidation as Land Reform in India”, this issue was conclusively settled. In India and several other countries, consolidation indeed constituted a reform.[1] It had been argued that it helped farmers to make investments, enabled roads and irrigation channels to be laid, reduced litigation, allowed farmers to formalise informal partitions, reduced inequity in landholdings to some extent, enhanced their autonomy and by all measures, increased production and productivity.

For Uttar Pradesh, we see that a special act has been brought for the purpose of fulfilling the objectives of Land Reforms in terms of providing the consolidation of agricultural holdings for the development of agriculture.

For Uttar Pradesh, we see that a special act, The Uttar Pradesh Consolidation of Holdings Act 1953 has been brought for the purpose of fulfilling the objectives of Land Reforms in terms of providing the consolidation of agricultural holdings for the development of agriculture.

The Preamble of the Act provides for its ultimate objective which is: “Whereas it is expedient to provide for the consolidation of agricultural holdings in Uttar Pradesh for the development of agriculture.”

CONSOLIDATION UNDER THE UTTAR PRADESH CONSOLIDATION OF HOLDINGS ACT 1953

In a general layman term, ‘Consolidation’ tells us that it is being brought into motion to ensure that farmer class does not suffer the crisis of uneven distribution of land holdings. As per the dictionary meaning, it means the action or process of combining a number of things into single more effective or a coherent whole, in order to further push-in to the objective of attaining land reforms.

Example to understand this concept: Suppose ‘A’ has his agricultural holdings in three different parts of Lucknow, one in Jankipuram, second one at Charbagh and the other one is at Kaiserbagh.

With regard to the above example, Consolidation of Holdings will mean that in lieu of the other two land at Charbagh and Kaiserbagh in Lucknow, ‘A’ has been provided a whole complete land at Jankipuram itself, to make a whole complete parcel of land.

With the above example, we shall now look into the provided definition of ‘Consolidation’ under the Uttar Pradesh Consolidation of Holdings Act 1953, wherein, Section 3(2) of the Act defines the term ‘Consolidation’ and states that:

“Consolidation means re-arrangement of holdings in a unit amongst several tenure-holders in such a way as to make their respective holdings more compact.”

In Ram Niranjan v. Bhawani Prasad and Others[2], the Court has gone on to state the reasons for the process of Consolidation of holdings. The Court provides that:

“Consolidation is meant for rearrangement of holdings in a unit amongst several tenure-holders in such a way as to make their respective holdings more compact.”

Section 3(2) also provides for what shall not be included in the definition of ‘holding’, while the consolidation of the same occurs. The provision also provides exceptions which shall also not be included in holding for the purpose of consolidation.

As the purpose of Land Reforms in India solidifies, concept of consolidating the agricultural land holdings of the farmers has been one of the important steps towards attaining that goal. It is equally important to understand that the structure of this 1953 Act is such that the benefit of the tenure-holder with regard to his interest in the holdings is ensured to be at the highest pedestal. Like the remedies provided to a tenure-holder after ejectment under the Land Revenue Code 2006, similar benefits in terms of compensations are being enshrined under the 1953 Act.

In Vashistha Singh v. DDC Mirzapur[3], the Court observed that the object of consolidation under the Act is to allot a compact area in lieu of scattered plots to tenure-holders so that large scale of cultivation may be possible with all its attendant advantages.

STRUCTURE OF THE ACT

As previously stated, the 1953 Act was enacted as one of the steps towards attaining the objective of Land Reform in India.

This Consolidation Act is divided into certain steps with how the records in terms of Khasra and Khatauni are to be revised in terms of land holdings which are a part of the consolidation process. The Act provides for issuance of a proper notification on the part of the State Government in framing out the suitable area for consolidation operations. It further provides with regard to the preparation of full-fledge statement of principles.

Prior to giving effect to the Consolidation operation done, a Consolidation scheme is to be prepared which shall comprise of right and liabilities of a tenure holder with regard to his new land holding(s). The Consolidation Scheme prepared is then enforced, ensuring that the tenure-holders are allowed to enter into the possession of the plots allotted to them after the consolidation operations.

REVISION AND CORRECTION OF LAND RECORDS [Section 4 to 12-D]

For the consolidation process to begin, the State Government under Section 4 in its opinion make a declaration in the gazette with regard to any district or part thereof which may be brought under consolidation operations. This declaration shall then empower the District Deputy Director of Consolidation to further process the consolidation operations, likewise:

  1. To enter upon any survey;
  2. To fix pillars in connection with rectangulation;
  3. To perform acts necessary to understand the suitability of the land designated to be consolidated.

It is important to note that even after the declaration, the District Deputy Director of Consolidation to mandatorily ensure that the public notice of the declaration is issued at convenient places in the district ought to be under consolidated operations. When the State Government decides to start consolidation operations, it is even required to issue a notification in the area covered with declaration earlier issued.[4] Notably, the State Government is also empowered to cancel this notification any time either in respect of whole or any part of the area.[5]

In Mangal Singh v. Regional Deputy Director of Consolidation[6], the Court has stated regarding when shall the consolidation proceedings start. It provides that consolidation proceedings start when notification is issued under Section 4(2) of the 1953 Act.

Since, now the consolidation operation is underway, the duty of maintaining the records and map shall vest on District Deputy Director of Consolidation. It also provides that all the  proceeding for the correction of records and every suit and proceeding in respect of declaration of rights or interest in any land lying in the area, or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any Court or authority whether of the first instance or of appeal, reference or revision, shall, on an order being passed in that behalf by the Court or authority before whom such suit or proceeding is pending shall stand abated, which shall not mean that any rights of persons affected are prejudiced.

In the case of Attar Singh v. State of Uttar Pradesh[7], the Court has taken note that the tenure-holder cannot transfer any part of his holding in the consolidation area during consolidation except with the permission of the Settlement Officer (Consolidation).

The Code also provides under Section 6-A that prior to the consolidation proceedings being underway, if there arise any case of undisputed succession, the same shall be disposed of by the Consolidator.[8] It also provides that no case shall be raised once the consolidation proceedings are underway.

With the proceedings now underway, the Act provides that the village map and subsequently the field-book and the current annual register shall be revised by the District Deputy Director of Consolidation.[9] The Director shall also determine the valuation of each plot (or holding) after taking into consideration its productivity, location and availability of irrigation facilities. It shall also ascertain the share of each owner, in case of joint owners of a holding.

Section 8-A of the Act further provides with regard to the preparation of full-fledge statement of principles or details of how the consolidation operation is to be conducted for a particular area. In the case of Gangadhar v. DDC, Aligarh[10], the Court observed that the provision of Section 8-A is mandatory in nature and there is a legal obligation on the Assistant Consolidation Officer to consult Consolidation Committee.

The 1953 Act specifically also provides certain appellate mode if the aggrieved party raises any grievance with regard to disposal of cases relating to claims and partitions of joint holdings pronounced by the Assistant Consolidation Officer.[11] A time of 21 days is provided to the aggrieved to appeal before the Settlement Officer (Consolidation).

Under Section 12-A, it provides that the concerned officer shall also determine the amount of land revenue to be paid by a tenure holder on the consolidated land received. Moreover, Section 12-D also raises the opportunity of amalgamation of holdings wherein two or more tenure-holders may, at any time, before the publication of the revised annual register Section 10, apply to the Consolidation Officer to amalgamate their holdings of like tenure on such terms as may be agreed upon between them.

PREPARATION OF CONSOLIDATION SCHEME [Sections 19 to 23]

Unless, the Consolidation scheme is panned out, no consolidation of holding shall come into existence, therefore, under Section 19, the making of a consolidation scheme is important which at the prima facie shall provide for:

  1. the rights and liabilities of a tenure-holders, as recorded in the annual register prepared under Section 10;
  2. will also have the valuation of plots allotted to a tenure-holder;
  3. compensation to be ascertained for payment to tenure-holder for trees, wells and other improvements, originally held by him and allotted to another tenure-holder.
  4. every tenure-holder shall be allotted the plot on which exists his private source of irrigation or any other improvement, together with an area in the vicinity equal to the valuation of the plots, originally held by him there; and
  5. every tenure-holder shall allow chaks in conformity with the process of rectangulation in rectangulation units.

Importantly, this provision further provides that at the time of consolidation being in force, no tenure-holder must be allotted more chaks[12] than three except with the approval of Deputy Director of Consolidation. In the case of Rani v. District Development of Consolidation[13], the Court observed that Section 19 of the 1953 Act safeguards the rights of tenure-holders against the arbitrary action of the Consolidated authorities.

Section 19-A requires the Assistant Consolidation Officer to prepare a provisional Consolidation Scheme in consultation with the Consolidation Committee. Under the said provision, it also importantly provides that other than what is provided under Section 77 of the Land Revenue Code 2006, it shall be lawful for the Assistant Consolidation Officer where in his opinion it is necessary or expedient so to do, to allot a tenure-holder, after determining its valuation, any land belonging to the State Government, or any land vested in the Gaon Sabha, or any other local authority. It further provides that when such land is used for public purpose, it shall be allotted only after the permission of the Assistant Consolidation Officer.

Under Section 20, the said provisional scheme will be published and public objections will be called for and any other person affected by the provisional Consolidation Scheme, disputing the propriety or correctness of the entries in the Provisional Consolidation Scheme, or in the extracts furnished therefrom, may, within 15  days of the receipt of the notice, or of the date of the publication of the provisional Consolidation Scheme, as the case may be, file an objection before the Assistant Consolidation Officer or the Consolidation Officer.

In the case of Roop Narayan v. State[14], the Court observed that where an objection under Section 20 was to be filed by the tenure-holder, he may be allowed to file it against anything in the proposals.

After disposing of the objections, if any, on the provisional consolidation scheme, the Assistant Consolidation Officer through Settlement Officer (Consolidation) shall confirm the provisional scheme under Section 23 of the 1953 Act.

ENFORCEMENT OF THE CONSOLIDATED SCHEME [Sections 24 to 32]

Last, but the heart of the Uttar Pradesh Consolidation of Holdings Act 1953, that is to say, the Consolidated Scheme framed through conditions under Section 19 and onwards is to be enforced. The coming into force will ensure that tenure-holder shall be entitled to enter into possession of the plots allotted to him after the Consolidation operations and he would be getting trees, wells and other improvements existing on the plots allotted to him after consolidation and in lieu of that and pursuance of the enforcement of the final Consolidation Scheme, the tenure-holder shall be liable to pay the former tenure-holder of that plot thereof, compensation for the trees, wells and other improvements, allotted to him [Reference to Section 132 of Uttar Pradesh Land Revenue Code 2006 which provides for rights after ejectment].[15]

Importantly, after the final consolidation scheme is in motion, it shall be upon the District Deputy Director of Consolidation to prepare for each village so under the consolidation operation, a new Khasra and Khatauni with regard to the consolidated area [Reference to Section 29 and Section 30 of the UP Land Revenue Code 2006].

Under Section 28 of the 1953 Act, the Assistant Consolidation Officer is duty bound to deliver the possession on the application of the tenure-holder or the Land Management Committee, to whom chak or lands have been allotted under the final Consolidation Scheme. The Officer, where any land has been allotted to the State Government shall, without any application of the State Government, within six months of the date on which the said Scheme has come into force, put the tenure-holder or the Land Management Committee or the State Government, as the case may be, in actual physical possession of the allotted chak or lands.

The Act also provides a compensation provision for the tenure-holder whose standing crops land is now in possession of somebody else via Section 28, due to such consolidation. The Assistant Consolidation Officer is vested with power to determine in the manner prescribed the compensation payable in respect of such crops by the tenure-holder put in possession. If the tenure-holder fails to pay the compensation within the period provided, the person entitled to receive it, may in addition to any other mode of recovery open to him, apply to the Collector within such time.[16]

Importantly, Section 30 of the Act clearly provides that the rights, interest and liabilities of tenure-holders in terms of the new land-holdings shall be the same of that of original land holdings. It also provides that the rights of the public as well as all individuals in or over land included in a chak following a declaration made under the proviso to sub-section (2) of Section 19-A, shall cease and be created in the land specified for the purpose in the final Consolidation Scheme.

CONCLUSION

It is important to understand that Land consolidation, as a process requires the preservation of each farmer’s wealth in land when fragmented plots are exchanged, is usually not considered land reform. The land consolidation Act in Uttar Pradesh, India, from the evidence of observation and the testimony of farmers and officials, as well as before-and-after landholding data, increases the number of “independent” farmers by increasing the economic viability of farms per unit area and helping to loosen the control of some farmers over others. If the “liberation” of farmers from economic and other dependency is what forms the core of the justification of land reform in India, then land consolidation at the very least serves the purposes of land reform.

[1] Philip Oldenberg, Land Consolidation as Land Reform in India, Volume 18 Issue 2, February 1990, p. 183-195

Link: https://www.sciencedirect.com/science/article/abs/pii/0305750X90900472#:~:text=The%20land%20consolidation%20program%20in,helping%20to%20loosen%20the%20control accessed on August 28, 2022

[2] Ram Niranjan v. Bhawani Prasad and Others, 1974 RD 26

[3] Vashishtha Singh v. DDC Mirzapur 2003 (94) RD 215

[4] Sub-section (2), Section 4 of the Uttar Pradesh Consolidation of Holdings Act 1953

[5] Section 6 of the Uttar Pradesh Consolidation of Holdings Act 1953

[6] Mangal Singh v. Regional Deputy Director of Consolidation, 1960 ALJ 639

[7] Attar Singh v. State of Uttar Pradesh, AIR 1969 SC 564

[8] Section 6-A of the Uttar Pradesh Consolidation of Holdings Act 1953

[9] Bhupat Singh v. State of Uttar Pradesh, 1956 ALJ 929

[10] Gangadhar v. DDC Aligarh, 1960 RD 316

[11] Section 10 of the Uttar Pradesh Consolidation of Holdings Act 1953

[12] Section 3(1A) of the Uttar Pradesh Consolidation of Holdings Act 1953

[13] Rani v. DDC, AIR 1959 Alld 525

[14] Roop Narayan v. State, 1962 ALJ 888

[15] Section 24 of the Uttar Pradesh Consolidation of Holdings Act 1953.

[16] Section 29-A of the Uttar Pradesh Consolidation of Holdings Act 1953.

 

Views are personal.

The author is a final year law student at Faculty of Law, University of Lucknow.