Project Report on

Consolidation
Holdingsof Land

Submitted to
Submitted by
Ms. Stuti Binay Nanda
Yash Mourya
(Faculty )
Roll No.- 180( Sem-VIII)
(Land Laws)
BA.LLB (Hons.)

HIDAYATULLAH NATIONAL LAW UNIVERSITY,

RAIPUR (C.G.)

ACKNOWLEDGEMENTS
In preparing this project I took help from many people but it is very difficult to
list every name. First and foremost I would like to express my heartfelt gratitude to Ms
Stuti Binay Nanda for putting her trust on me, by giving me such a topic and for his
unstinted support by helping me in all possible ways. I hope that I have not disappointed
her and have done justice to it.

I also want to express my gratitude to the staff and administration of HNLU and
to the library and IT Lab that was a source of great help for the completion of this project.
I would also like to thank all my seniors who always guided me without their help, it
would have been impossible for me to complete this project.

Yash Mourya

Roll No- 180

LIST OF ABBREVIATIONS
AIR All India Report

All Allahabad
Cal Calcutta
CPC Civil Procedure Code
CGLRC Chhattisgarh Land Revenue Code
Etc. Etcetera
Ibid Ibidium
Mad Madras
SCC Supreme Court Cases
Vs. Versus
 INTRODUCTION

Life in many rural areas is characterised by decreasing opportunities to earn a decent

living in both the agricultural and non-agricultural sectors. This situation occurs for many
reasons, and efforts to enhance the quality of rural life must combine improvements to
agricultural production, employment, infrastructure, housing and the protection of natural
resources. Such integrated rural development must take into account the land tenure
structure which includes vast numbers of small and fragmented farms.

Consolidation of fragmented agricultural land holdings forms an integral part of the Land
Reform Policy and Five Year Plans have accordingly been laying stress on its
implementation. This operation is considered necessary for planned development of
villages and achieving efficiency and economy in agriculture. In pursuance of this, many
States had enacted legislations but not much progress could be made except in the States
of U.P, Haryana and Punjab. In other States, work was continued for some years and lost
momentum thereafter. Consolidation of holdings refers to amalgamation and
redistribution of fragmented land to bring together all plots of land of a cultivator in one
compact block. On account of growing pressure of population on land and limited
opportunities for work in the non-agricultural sector, there is increasing trend towards
sub-division and fragmentation of land holdings in the country. The average size of
holding is already very low and there are no economies of scale. Fragmentation leads to
additional diseconomies due to wastage of time and money on the movement of physical
and human inputs from one farmstead to another. Besides, it makes the task of irrigation
management, land improvement and personal supervision of different plots very difficult.
Increasing pressure of population on land has led to increase in the number of fragments
per farm. Forcible land distribution has led to fragmentation of holdings and productivity
has not improved much. It has been duly emphasized in five year plans that consolidation
of holdings should form an integral part of the agricultural development programme.
Further, in this project report, a brief description and analysis of consolidation of holdings
in India is given.
 OBJECTIVE

To know what is consolidation of holdings.

To get a clear idea about land holdings and its consolidation.
To know its importance. To find out the problems in present law.

RESEARCH METHODOLOGY

Nature of Study
The nature of the project is purely descriptive and analytical since it is largely based on
secondary & electronic sources of data and also since there is no field work involved
while producing this research and it largely involves study of various cases and
comparison from different books, journal and other online sources it is not empirical in
nature.

Sources of Data
Data that were used for the completion of this research project are all secondary sources
of data ranging from books, journal, articles and other online sources and as far as case
laws are concerned these cannot be said to be primary sources since they are not first-
hand information or judgment reports but a modified form found in books or journals.

CHAPTER 1
BRIEF BACKGROUND

The first consolidation initiatives of Denmark in the 1750s were part of a profound social
reform to free people from obligations to noble landlords by establishing privately-owned
family farms.

In India, land consolidation began in the nineteenth century when voluntary consolidation
was encouraged and farmers were told the advantages of consolidation. By 1939, the
majority of farmers had accepted consolidation. In 1953, the government agreed to
improve the system of irrigation and construct roads. As a consequence, production and
farm size increased.

Up to 31st January, 1956 only 4.5 million hectares of land was brought under
consolidation. The figure rose to 33 million hectares by 1972, 45 million hectares by
1985 and 62.97 million hectares by 1995. Out of this, two states like Maharashtra and
Uttar Pradesh accounted for 213 lakh hectares and 179 lakh hectares respectively. Punjab,
Haryana and Madhya Pradesh are other three states which have taken up the work of
consolidation of holdings seriously. Bihar and Jammu and Kashmir have kept the scheme
in abeyance and in West Bengal and Assam it has not been implemented.

However, only one third of the total cultivable lands have been so far consolidated. The
consolidation work has been ful1y completed in Punjab and Haryana. The progress is
satisfactory in U.P., Bihar, Himachal Pradesh, Karnataka and J&K. The work is underway
in Orissa and M.P. The programme is yet to be started in many states. In Orissa the
consolidation Act was passed in 1972 and the real consolidation work started in 1974.
Areas under major irrigation projects like Hirakud, Mahanadi Delta were given priority in
consolidation work. By 1992, consolidation work has been completed for 8.74 lakh
hectares of land.

CHAPTER 2
MEANING AND OBJECTIVE

In India, we have right to property and inheritance. The successors have to inherit the
property of their predecessors. Consequently, land has to be sub-divided among the
successors after the death of the predecessor. Due to growth of population, land has to be
split into various small holdings. Further, each of the sons will want to share a part of
each plot of land that the father has left. This has led to fragmentation of holdings. Thus
the lands were divided into small patches and scattered over a large area. The poor
farmers have to lose considerable amount of bullock and human energy moving from one
plot of land to another. Further, it is impossible to adopt modern scientific cultivation in
tiny pieces of land. Modern machinery like tractors, pump sets cannot be applied to those
small pieces.

Consolidation of holdings means to bring together in one compact block all plots of land
farmer which are scattered all over the villa. Under the scheme all land in the village is
first pooled into one compact block and it is divided into smaller blocks called chalk and
allotted to individual farmer. This is a noble scheme to provide solution to the problem of
fragmentation of holdings. The scheme has been launched in 10 states of the country and
it has made considerable progress in Punjab, Haryana and Uttar Pradesh.

The objectives of land consolidation include:

grouping of separate parcels to reduce the negative effects of fragmentation;
reduction of production costs; and
encouragement of more effective agricultural plans and projects.

CHAPTER 3
CONSOLIDATION OF LAND HOLDING IN CHHATTISGARH

Consolidation of Holdings of the C.G. Land Revenue Code, 1959 was formulated to
ensure that fragment of land holdings are amalgamated to ensure an economic holding
for increasing productivity of the land for increased yield.

Under Chhattisgarh Land Revenue Act, 1959 Consolidation is defined as Consolidation

of holding means the redistribution of all or any of the land in a village, so as to allot to
the Bhumiswami continuous plots of land for the convenience of cultivation.

Proceedings
In respect of Initiation of Proceedings, the Code states that any two or more
Bhumiswamis in a village holding together not less than the minimum area of land
prescribed by rules made under section 221 may apply in writing stating such particulars
as may be prescribed by rules made under section 221, to the Consolidation Officer for
the consolidation of their holdings.The Collector may of his own motion direct the
Consolidation Officer to make an enquiry into the feasibility of consolidation of holdings
in any village. If two-third of Bhumiswami in a village apply for consolidation of their
holdings or if in the course of an enquiry into an application made under sub-section (1)
or sub-section (2) two-thirds of the Bhumiswami of the village make an application
agreeing to the consolidation of their holdings, such application shall be deemed to be the
application on behalf of all the Bhumiswamis of the village. If in case falling under sub-
section (3), any scheme of consolidation of holdings is confirmed, it shall be binding on
all the Bhumiswamis of the village, and on any persons who may subsequently be
entitled to hold or occupy the land. In any other case, if any scheme of consolidation of
holdings is confirmed, it shall be binding on the applicants and those who have agreed to
the consolidation of their holdings and on any persons who may subsequently be entitled
to hold or occupy the land affected by the scheme.
It may also be noted that when an application for the consolidation of holdings has been
admitted under section 208, no proceedings for partition of the holdings which will affect
the scheme of consolidation shall be commenced and all such proceedings pending shall
remain in abeyance during the continuation of the consolidation proceedings. When an
application for the consolidation of holdings has been admitted under section 208, no
proceedings for partition of the holdings which will affect the scheme of consolidation
shall be commenced and all such proceedings pending shall remain in abeyance during
the continuation of the consolidation proceedings.

On receipt of any above mentioned application or at any stage of the proceedings thereon,
there appears to be good and sufficient reason for disallowing the application or for
excluding the case of any application from consideration, the Consolidation Officer may
submit the application to the Collector with a recommendation that the application be
rejected in whole or in part, or that the proceedings be quashed.The collector, on receipt
of the recommendation, may accept it and pass orders accordingly or may order further
Inquiry. If the consolidation officer admits the application, he shall proceed to deal with
the same in accordance with procedure laid down by or under this code.

Scheme of Consolidation
Regarding scheme for consolidation of holding the Act states that if the Bhumiswamis
making the application under section 206 submit a scheme of consolidation of holdings
mutually agreed to, the consolidation officer, shall, in the manner laid down by rules
made under section 221 examine it and, if necessary, modify it. If no scheme is submitted
with the application, the consolidation officer shall prepare a scheme for the
consolidation of holdings in the manner laid down by rules made under section 221. If the
consolidation officer is of the opinion that the redistribution of land in accordance with
scheme of consolidation will have the result of allotting to any Bhumiswami a holding or
land or a less market or productive value than that of his original holding or land, the
scheme may provide for the payment of compensation to such Bhumiswami by such
person or persons as the consolidation officer may direct. The scheme of consolidation is
complete, the consolidation officer after considering and as far as possible removing the
objections, if any, made to the scheme, shall submit it for confirmation to the collector.
When the scheme of consolidation is complete, and if all the Bhumiswami is affected by
such scheme, agreed to enter into possession of holding allotted to the there under, the
consolidation officer may allow them to enter in such possession from a date to be
mentioned in the scheme. The collector may either confirm the scheme with or without
modification or refuse to confirm it after considering the objection or objections, if any,
to the scheme of consolidation and the recommendation of the consolidation officer. The
decision of the collector, subject to any order that may be passed in revision by the
settlement commissioner under section 50 shall be final. Upon confirmation of the
scheme of consolidation, the consolidation officer shall if necessary, demarcate the
boundaries of the holdings and shall proceed to announce the decisions finally made and
cause to be prepared in accordance with the scheme, a new field map, record or rights,
other records prescribed under section 114, Nistar Patrak and Wajib-Ul-Arz. The new
records prepared under sub-section (1) shall be deemed to have been prepared under
chapter IX or XVII, as the case may be.

Rights of Bhumiswami
The Bhumiswami affected by the scheme of consolidation, if they have not entered into
possession under sub-section (5) of 209, shall be entitled to possession of the holding
allotted to them under the scheme from the commencement of the agricultural year next
following confirmation; and the consolidation officer shall if necessary, put them by
warrant in possession of the holdings to which they are entitled:
Provided that if all the Bhumiswamis agree, they may, after confirmation, be put into
possession of their holdings by the consolidation officer from any earlier date.

A Bhumiswami shall have the same rights in the holding or land allotted to him in
pursuance of a scheme of consolidation as he had in his original holding.

Transferability
Notwithstanding anything contained in this code, the rights of Bhumiswamis in their
holdings shall, for the purpose of giving effect to any scheme of consolidation affecting
them, be transferable by exchange or otherwise and no person shall be entitled to object
or to interfere with any transfer made for the said purpose. The consolidation officer may
also transfer by exchange or otherwise any land belonging to the state govt. where such
transfer is necessary for the purpose of giving effect to any scheme of consolidation.
Notwithstanding anything contained in any law for the time being in force, no instrument
in writing shall be necessary in order to give effect to a transfer involved in carrying out
any scheme of consolidation of holdings and no such instruments, if executed, shall
require registration.
Encumbrances
If the holding of any bhumiswami brought under the scheme of consolidation is validly
burdened with any lease, mortgage or other encumbrance, such lease, mortgage or other
encumbrance, shall be transferred and shall attach to the holding allotted to him under the
scheme or to such part of it as the Consolidation Officer, subject to any rules that may be
made under Section 221, may have appointed in preparing the scheme; and thereupon,
the lessee, mortgagee or other encumbrances, as the case may be, shall cease to have any
right in or against the land from which the lease, mortgage or other encumbrance has
been transferred. Notwithstanding anything contained in sub-section (1) or any other
enactment for the time being in force the Consolidation Officer shall, if necessary, put
any lessee or any mortgagee or other encumbrances entitled to possession, by warrant,
into possession of the holding or part of a holding to which his lease, mortgage or other
encumbrance has been transferred under sub-section (1).

Cost and Compensation

The consolidation officer shall, unless the state govt. for sufficient reasons direct
otherwise, recover from the Bhumiswamis whose holdings are affected by the scheme
for consolidation of holdings, the cost of carrying out the scheme, which shall be assessed
in accordance with rules made under section 221. The consolidation officer shall
apportion the cost among the Bhumiswamis liable to pay them according to occupied
area of holdings affected by the scheme. Any amount payable as compensation under
sub-section (3) of section 209, or as costs under section 215 may be recovered as an
arrear of land revenue.

Rule Making Power

The State Government may make rules for the purpose of carrying into effect the
provisions of Chapter XVI of CG.L.R.C., 1959.
In particular and without prejudice to the generality of the foregoing power, the State
Government may make rules prescribing the minimum area of land to be held by the
persons making an application under sub-section (1) of Section 206; providing for the
particulars to be contained in any application made under Section 206; providing for the
procedure to be followed by the Consolidation Officer in dealing with applications for the
consolidation of holdings and for the appointment and constitution of any Advisory
Committee or Panchayat to assist the Consolidation Officer in the examination or
preparation of the scheme; for determining the compensation to be paid in cases falling
under sub-section (3) of Section 209; for regulating the assessment of costs under Section
215; for determining the market or productive value of the different holdings and lands
brought under any scheme of consolidation; for the guidance of the Consolidation Officer
in respect of the transfer of encumbrances and leases under Section 220; and generally for
the guidance of the Consolidation Officer and other officers and persons in all
proceedings under this Chapter.

CHAPTER 4
SCOPE OF LAND CONSOLIDATION SCHEMES

Land consolidation has always been regarded as an instrument or entry point for rural
development. Early concepts of rural development were virtually the same as agricultural
development because of the predominant role of agriculture in rural areas at the time.
Improving the agrarian structure was viewed as being identical to maintaining the social
viability in rural areas; what was good for the farmers was good for rural areas. An
overall objective of early projects was thus to increase the net income from land holdings
by increasing the volume of production and decreasing its costs. With this focus on
agricultural development, these projects served to consolidate parcels and enlarge
holdings and included provisions such as irrigation and drainage infrastructure to
improve water management, construction of rural roads, land levelling, soil improvement
measures and changes to land use such as converting agriculturally inferior land into
forest land or wetlands. Such agricultural improvements are still essential but rural space
is now no longer regarded as one of agricultural production alone. Concepts of rural
development have become much broader and have expanded to include increased
environmental awareness and a wide range of non-agricultural applications. The
emphasis of land consolidation projects has shifted from a focus on restructuring
agriculture to one of achieving more efficient multiple use of rural space by balancing the
interests of agriculture, landscape, nature conservation, recreation and transportation,
especially when land is required for the construction of major roads.

Environmental conditions are being given increasing priority. Roads are being
constructed to suit the landscape. Water bodies are being restored, often with buffer
zones. Land consolidation projects are also used for the protection of wetlands and to
change land use patterns especially in areas endangered by frequent floods or soil
erosion.
Land consolidation now encompasses activities of village renewal. Projects include
providing adequate land for new houses and workplaces to improve living and working
conditions. Along with the changing rural economy, buildings previously used for
agriculture are renovated and converted to other social and commercial uses. In line with
other changes in the concept of rural development, land consolidation now places
increasing importance on gender inclusion, participatory approaches and the use of
mediation and alternative dispute resolution in resolving conflicts. Land consolidation
projects have also served to modernize tenure arrangements by eliminating outdated
rights of use, including some rights of access, grazing, hay-making, and timber-felling,
fishing and boating, and the extraction of peat, clay and sand.

In early consolidation projects the resettlement of farmers was often considered

important. Family farmsteads, originally placed in old established villages, were resettled
at the external perimeter of the consolidation project area. As access to motor vehicles
became more widely available, travelling from village to field was easier and modern
villages became viewed as more suitable for retaining the rural population than isolated
farmsteads. In some cases, farming families were moved from congested areas to more
distant zones, often with considerable reluctance. Such resettlements are less likely to be
a feature of land consolidation in transition countries since rural areas are not overly
congested and, in contrast, their populations are declining. However, there may be
occasions where farmers spend more time travelling between fields than working the land
and resettlement may be a solution if families are willing to relocate.

CHAPTER 5
HURDELS IN IMPLEMENTATITON

Taking the country as a whole only 44 per cent of the cultivated land has been brought
under this scheme. This depicts slow progress of the scheme and various hurdles in its
implementation.

Farmers are generally extremely attached to their ancestral land and, therefore, are
not willing to take advantage of the scheme.
Those farmers who own better quality of land do not like the scheme for fear of
getting the inferior quality of land after consolidation.
Consolidation is a cumbersome process. The government officials who implement
 the scheme are generally slow and often corrupt.
In general the scheme did not receive desired support and co-operation from the
farmers.
The scheme has paved way for litigation and court cases many of which are
pending in the different court since long time. This vitiates the serene atmosphere
of the rural areas.
Since there is no restriction on the existing law of inheritance and partitioning of
field-plots, hence, fragmentation process goes on till the entire gain of
consolidation is nullified and need for new consolidation is felt.
In every consolidation about 5 to 10 per cent of village land is taken out for
providing house sites to weaker sections of the society, approach 0chak) roads and
village utility services. Hence, if the process is repeated three or four times a
sizeable portion of agricultural land would be lost.
The cost of consolidation is realised from the farmers which has adverse effect on
their resources and economy.
It has also been realised that small farmers are generally allotted inferior quality
of land and due to lack of money power they are neither able to bribe the officials
nor get proper justice in the court.

It is, therefore, imperative that efforts should be made to remove these pitfalls in the
consolidation scheme to make it more fruitful and useful.

CONCLUSION

Land consolidation can be an effective instrument in rural development. Agricultural

development is one area in which land consolidation plays a vital role. Land
consolidation can facilitate the creation of competitive agricultural production
arrangements by enabling farmers to have farms with fewer parcels that are larger and
better shaped, and to expand the size of their holdings. But because of the extensive
nature of fragmentation and the growing importance of rural space for non-agricultural
purposes, land consolidation has become an increasingly important instrument in
strategies and projects to enhance the quality of rural life through improving natural
resource management and environmental conservation, providing infrastructure and
services, creating employment opportunities and ameliorating conditions in villages.
Land consolidation can be used to improve the tenure structure in support of rural
development by addressing land fragmentation. Land consolidation can assist farmers to
amalgamate their fragmented parcels. For example, a farmer who owns one hectare
divided into five parcels may benefit from a consolidation scheme which results in a
single parcel. Although the farm size remains the same, a larger and better shaped parcel
may allow the farmer to introduce better farming techniques. However, such micro-farms
are not suitable for most competitive agricultural practices and land consolidation can
also provide farmers with opportunities to increase the size of their farms, for example by
acquiring land from state land reserves and land banks, or by having access to land of
others through sales or improved leasing arrangements. Land consolidation projects
should result in the amalgamation of fragmented parcels but they should also include
other appropriate measures to establish an improved tenure structure that supports rural
development. The emphasis of such projects should be on providing practical and needed
solutions to problems faced by farmers and other residents of rural areas.

BIBLIOGRAPHY

Books
M.L Jindal, M.P./Chhattisgarh Land Revenue Code, 1956, Raj Kamal Pub. Indore.
M.P. & C.G. Land Revenue Code, 1959, Awasti S.K., 1st ed. 2013, Suwidha Law
House Pvt. Ltd, Bhopal.

Acts
Code of Civil Procedure, 1908
Chhattisgarh Land Revenue Code, 1959