LAND LAWS

Course Code: Course Objective:

The legislative power to make laws relating to land and land ceiling is in the state list. Different States have enacted their own laws on this subject. The Constitutional perspectives relating to this subject have to be taught as an essential part of this course. The provisions in the Constitution in Part III, IV and XII as well as those in Schedule VII relating to distribution of legislative powers over land are essentially to be taught with emphasis.

ILBLW 40702

Credit Units: 05

Course Contents:
Module I: Constitutional Perspectives Fundamental rights, Property as Legal Right, Agriculture reform, Legislative Powers, The Union, The State, Local bodies. Module II: Post-Independence Reforms Abolition of Zamindaries, Abolition of Intermediaries, Tenancy Reforms, Land to the tiller, Personal Cultivation, Voluntary Surrenders. Module III: Evaluation of land Reforms Lack of Political will as an impediment to land reforms, Role of Law, Role of law and Legal Profession in implementation, Position of Bars to the jurisdiction of Civil Courts, Role of administrative agencies. Module IV: Land Management in Uttar Pradesh: Relevant Land laws to be specified Module V: Houses and Shops Rent Control Legislation in Uttar Pradesh

Examination Scheme:
Components Weightage (%) P/S/V 10 CT 10 C 5 A 5 EE 70

Text & References:

Law, poverty and development, Prof. M.L. Upadhayay. Upendra Baxi, Towards a Sociology of Indian Law, pp. 25-65 (1986) Atul Kohli, The state and Poverty in India (1987) Francine R. Frankel, Indias Political Economy, 1947-77 (1988) L.H. Rudolph and S.H. Rudolph, The Political Economy of Lakshmi (1987) Mohammad Ghouse, Nehru and Agrarian reform in Rajeev Dhavan and Thomas Paul (eds.) Nehru and the Constitution (1992), Thripathi Walter C. Neale, Developing Rural India Policies and Progress (1990) Allied Alice, Jacob, Land Reform and Rural Change 6-19 (1992), Land Reforms in India: a Review. IASSI quarterly 1992, Vol. X, Numbers 3 and 4. B.R. Beotra, Law of Forests (Central and State) 6 th Edition 1999, The Law Book Company. Krishnan, Forest Laws in India, 1998, Asia Law House Srivastava, Encyclopedia on forest, 1998, Asia Law House Padala Rami Reddy, Forest Laws, 1989, Asia Law House Baden Powel, Manual of Jurisprudence for Forests Officers (1982) Anil Agarwal, (ed.) The State of Indias Environment: The Second Citizens Report (1985) Chhatrapati Singh, Common Property and Common Poverty (1985)

Chhatrapati Singh, Forestryand the law in India in 29 Journal of India Law Institute (1987) Karl Marx, The laws on the Theft of Woods, In Rhenisce Zeitung werke 113-16, 145 ft. Vol (1956) Ramchandra Guha, Forestry in Pre-British India, in 18 Economic and Political weekly 45, (1983) Uttar Pradesh State relevant Laws Houses and Shops Rent Control Legislation of Uttar Pradesh