Rights Of Raiyat In Respect Of Land (Section 4 of the West Bengal Land Reforms Act,1955) ~ LLBH

Section 4 of the West Bengal Land Reforms Act, 1955 mentions the extent of the rights of raiyat along with the limitations in respect of their land.

Q.State the provisions as to rights of raiyat in respect of land under Section 4 of The West Bengal Land Reforms Act,1955.

Answer.

Rights of Raiyat in respect of land

Sub-section (1) declares the raiyat as an absolute owner of his plot of land and also makes this right heritable and transferable.

But a person or an institution shall not be regarded as a raiyat for the purpose of this subsection if such person or institution holds any plot of land – (i) under any permit, lease or license granted by the State Government, or (ii) as a Thika tenant, or (iii) under sariati interests or by retaining such plot of land.

Restrictions

Sub-sections (2), (2A), (4), and (5) deal with the limitations regarding the above-stated rights.

According to Sub-section (2), Nothing in sub-section (1) shall entitle a raiyat to sub-soil rights.

In-State of West Bengal V. Sanjeevani Projects (p) Ltd., The court also stated that section 4 restricts the rights of the raiyat to the surface of the land without any sub-soil right.

Sub-section (2A) imposes following restrictions upon raiyats: -

(i) a raiyat shall not quarry sand from his plot of land or permit any person to do so; or

(ii) he shall not dig or use earth or clay of his plot of land for the purpose to manufacture bricks or tiles or permit any person to do so.

But a raiyat is permitted to do or perform the above-stated activities only for his own use and for that above stated activities, he must take the prior written permission of the State The government on payment of prescribed fees.

Sub-section (2B) provides for the imposition of penalty upon a raiyat committing a breach of the provisions of Sub-section (2A). The maximum penalty is a fine not exceeding Rs.2000 and where the breach is a continuing one, a further fine not exceeding Rs.200 for each day during which the breach continues. But before imposing such fine, the prescribed authority must give in the prescribed manner an opportunity to the defaulting raiyat to show cause against the action proposed to be taken. Such fine, if not duly paid, shall be recoverable as public demand.

According to sub-section (2C), An appeal shall lie from any order made under sub-section (2B) in accordance with provisions of sections 54 and 55.

Sub-section (4) declares that, the plot of land of a raiyat excluding his homestead shall vest in the state free from all encumbrances under an order of the prescribed authority made in the prescribed manner after such enquiry as it thinks fit and after giving the raiyat an opportunity to show cause against the action proposed to be taken as a result of the following breaches if committed by the raiyat without any reasonable cause:-

(i) he has used the plot of land for any purpose other than that for which it was held by him or settled by the state or directly incidental thereto; or,

(ii) he has ceased to keep the land under personal cultivation or has failed to utilize the land consistently with the original purpose of the tenancy or for any purpose of the tenancy or for any purpose directly incidental thereto for a period of three consecutive years or more except when such land is under a usufructuary mortgage mentioned in section 7 ; or

(iii) he has failed to bring the land under personal cultivation or has failed to utilize the land consistently with the original purpose of the tenancy or for any purpose directly incidental thereto within three consecutive years of the date on which this Act comes into force or of the date on which he came into possession of such land, whichever is later; or

(iv) he has let out the whole or any part of the plot of land.

The proviso (1) to sub-section (4) state that nothing in this subsection shall prevent the raiyat from cultivating any part of his plot of land by a bargadar.

The proviso (2) to sub-section (4) states that nothing in this subsection shall prevent the raiyat from leasing out the whole or any part of his plot of land for establishing an industrial park or industrial hub or an industrial estate or financial hub or a biotech park or a food park.

The proviso (3) to sub-section (4) states that nothing in this subsection shall prevent any local authority or any Government company from leasing out the whole or any part of his plot of land in a township.

According to sub-section (5), on the plot of land of a raiyat being vested in the state under sub-section (4), his ownership therein shall cease and the rights of the lessee , if any, shall terminate and the raiyat shall be entitled to receive an amount to be determined under section 14V.

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