[Rajasthan Colonisation Rules] Eligibility In 'Landless Category' Depends On Individual Applicant's Holdings, Land Held By Spouse Immaterial: High Court
9 months, 2 weeks ago

[Rajasthan Colonisation Rules] Eligibility In 'Landless Category' Depends On Individual Applicant's Holdings, Land Held By Spouse Immaterial: High Court

Live Law  

While overturning the decisions of the Colonisation Commissioner and Board of Revenue cancelling the land allotments made to two women, the Rajasthan High Court has clarified that eligibility for the 'landless category' depends on the applicant's individual land holdings. Previously, the Commissioner, Bikaner had cancelled land allotments already made under Rule 13-A of the 1975 Rules on the ground that both applicants did not fall within the category of 'landless persons'. “…the eligibility of having the land or not is required to be taken note of only of the person who has applied before the authorities concerned and, therefore, for all intents and purposes, the land holdings of an individual person or the applicant were required to be taken into consideration while considering the application for grant of land under the 'landless person' category”, the court disagreed with the Commissioner's decision to take into consideration the lands owned by the husbands of applicants in light of the Ceiling Act. The proviso to Rule 7 speaks about the priority among eligible 'landless' persons when land allotment in Stage II happens though they had originally applied for Stage-1 allotment under Rules 10 & 11.

Court Land Rules Commissioner Person Rule Allotment Land Allotments Rule 7 Landless Landless Category Colonisation  colonisation  landless  rules  high  land  court  rajasthan  petitioners  holdings  individual  immaterial  person  commissioner  spouse  held  allotment  rule

History of this topic

Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC
1 month ago

Prior Consent Of State Under Rajasthan Colonization Act Which Ceased In 1991, Not Mandatory For Sale Deed Executed In 2003: Rajasthan HC

Live Law  

In doing so the court said that merely because the petitioner's predecessors in title–either due to illiteracy or ignorance of law–failed to obtain prior consent, the rights which have accrued in favour of the purchasers cannot be set at zero, over 20 years after the sale. As per Section 13 of Rajasthan Colonization Act, 1954 no tenant shall transfer his …

Pattas Obtained By Fraud Or Concealment Do Not Confer Any Right, Limitation Not A Bar For Cancellation Of Such Land Assignments: Rajasthan High Court
10 months, 1 week ago

Pattas Obtained By Fraud Or Concealment Do Not Confer Any Right, Limitation Not A Bar For Cancellation Of Such Land Assignments: Rajasthan High Court

Live Law  

Rajasthan High Court has recently iterated that if a patta has been obtained by fraud or concealment, there lies no bar of limitation to cancel such allotment. “…The allotment has rightly been cancelled by the Additional Collector because the allotment itself was made in favour of the father of the petitioners in contravention of the Rules by treating him as …

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