Tuesday, October 30, 2018

FAQ / All you want to know about Land and its terminology in West Bengal

I. What is the meaning of “Danga or Bastu (or Vastu land)” Shali in West Bengal ?

It is the classification of lands : Danga, Bastu, Dahola, Sali etc .

Literally Danga is an non agricultural high land. It is the land just beside a Pond. For constructing house, the nature must be converted from Danga to Bastu ( or Vastu).

If you want to convert these lands to a specific category of land ( as per Govt  classification list of lands  ), whether  the land is really convertible or not, as per extant / existing rules  ,  you have to apply for ‘conversation' to the office of the Land and Land Reform Office (e.g. BLLRO upto a certain limit ) under your jurisdiction.

II. What is the meaning of Sali or Shali or Danga land in West Bengal ?

"Shali" land, means agricultural land  mentioned in the Land Record or Porcha  . Houses are built on Bastu land and not on Shali land. Shali land is 2 crops land. Sona land is more than 2 crops land.

III. Nine-fold Classification of Land in West Bengal

1. Net sown area (or area actually under cultivation) is 63%
2. Current Fallow land - unculturable land and pastures (in West Bengal it is very low)
3. Fallow, other than current fallows,
4. Culturable waste land,
5. Permanent pasture and other grazing land and
6. Barren and unculturable land
7. Land put to non agricultural use – 19%
8  Forest -13%
9. Misc tree crops and Groves

IV. F. A. Q:

1. What is land conversion ?

Permission is necessary for change in land use - which is called Land Conversion; say from Sali / Danga / Pukur / Dobato Bastu

2.Whom should I approach for my land conversion and how should I apply ?

An enterprise desirous of making any change in the area, character or utilization of any land under its ownership may apply to the ADM(LR) and DLLRO i.e. District Land and Land Reforms Officer (for above 1 acre of land) ; SDLLRO i.e. Sub District or Divisional Land & Land Reforms Officer (for above 10 decimal to 1 acre of land); BLLRO i.e. Block Land & Land Reforms Officer (for land up to 10 decimal) of the concerned District/ Sub District or Division / Block for permission in the prescribed format.

3.   When should I apply for land conversion ?

 An enterprise may apply for land conversion, after mutation of the land.

4.   What are the documents required for application for land conversion ?

      It is guided by section 4C of WB Land Reforms Act 1955 read with section 5A of The West Bengal Land Reform Rules 1965.

i. An application in Prescribed Format
ii. with requisite payment of process Fee for Conversion in court fee affixed on it or in cash,
iii.a copy of the registered deed of transfer,
iv. copy of the Rent Receipt showing the payment of upto date revenue of the land in question,
v. copy of the Mutation Certificate,
vi. EM-I /IEM acknowledgement,
vii. copies of map of the said plot of land along with adjacent plots of land and
viii. any other documents that may be required for disposal.

5. Is NOC from the adjacent plot holders required ?

No, the system of obtaining NOC from the adjacent plot holders has been discontinued. Instead adjacent plot holders may be called for hearing.

6. What is the procedure of land conversion ?

An enquiry will be made by the field officer.

7. What is survey ?

Survey means Measurement .Whenever there is any dispute, Court orders Lawyers who has passed Surveryorship exam to report on the land with map. The person does the survey are called Amin. There are 4 types of Survey : Bakbastu survey, Cadastral Survey, Revenue Survey and Revisional Survey/ Revisional Settlement or RS (it means old maps are corrected and revised )

As per section 51 of West Bengal Land Reforms Act, to make a revision in Khatian (page of ledger) you need to use Cadastral or Traversal survey by using Theodolite machine


8. When is mutation required and what is the meaning of mutation ?

Mutation means change. As per section 50 of West Bengal Land and Land Reforms Act, Mutation is required after purchase/Gift of land or exchange of land or getting a land as per inheritance. Mutation comes under State Law, whereas Registration comes under Central Act ie Registration Act 1908. Before mutation, registration is a must. Building Plan cannot be sanctioned unless mutation is done.

9. What is Raiyat ?

As per definition-al section 2 of The West Bengal Land Reforms Acs, 1955, "raiyat" means a person or an institution holding land for any purposes whatsoever  . They cannot change the nature of land without conversion. In https://banglarbhumi.gov.in/ Raiyat has been described as Owner.

For conversion of nature of land, section 5A of The West Bengal Estates Acquisition Act, 1953 is applicable. (http://www.bareactslive.com). Under the WB Estate Acquisition Act 1953 one should not hold more than 25 acres. This is per person. 

However as per West Bengal Land Reforms Act  1955 it is 25 acres non agricultural land : per family of 5 people. If the family size is less then 5, then maximum permissible limit is less than 25 acres.  As such the formula is 1.4 non Agricultural land = 1 agricultural land.

As per wikipedia Ryot (alternatives: raiyat, rait or ravat) was a general economic term used throughout India for peasant cultivators. While zamindars were landlords, raiyats were tenants and cultivators, and served as hired labour. A raiyat was defined as someone who has acquired a right to hold land for the purpose of cultivating it, whether alone or by members of his family, hired servants, or partners. It also referred to succession rights. Ryot originates from Arabic word ra`īyah, translated as "flock" or "peasants".

10. What is Jot / Jotdar ?

Jot or Holding is land under Tenant and Jotdar is owner of agricultural land

11. What is Bargadar ?

The farmers who work with Barga (Barga means sub-lease) land. That is the genesis of Bargadar. "Bargadar" means a person who cultivates the land of another person on condition of delivering a share of produce of such land to that person. Operation Barga was a land reform movement throughout rural West Bengal for recording the names of sharecroppers (bargadars) in official records. It bestowed on the bargadars, the legal protection against eviction by the landlords, and entitled them to the due share of the produce. Operation Barga was launched in 1978 and concluded by the mid-1980s.  Whereas Te-bhaga movement means establishing the right that  2/3rd  of the produce, will go to the farmers, from 1/3rd, which was the norm.

12 What are the consequences of abolition of Zamindari system ?

Zamindars cannot hold more than 50 Bigha of land.

13. What is Dag no. ?

Dag numbers are  plot numbers. Every Plot or Dag has a particular number. What is (LR) Dag no. in rural area is Plot no. in Urban area. The Govt of WB website https://banglarbhumi.gov.in has all this information.

14. What are the different divisions in a State ?

i. State 
ii. Many Districts or Zila or Jela make a State 
iii. Many Sub Districts or Sub Division or Mahakumas make a District
iv. Many Blocks make a Sub Districts or Sub Division or Mahakuma
v. Many Mouzas (or village or villages) make a Block
va. &> = 1 villages make 1 Mouza
vi Many Dag or Plots make a Mouza/Village

## Khatian is a page of a ledger in Land Reforms office. So the concept is one man one Khatian (Personal ledger). Khatian is obviously unique and under one Khaitan there is name of one person and all the "Plots or Dag" he is holding under his name in that Mouza. One can have number of plot No. or Dag No. in a Khatian. Obviously Plot is also unique. But a plot/Dag can be owned by many person.

So if you buy any agricultural land, it has  to  start  with :

District South 24 Parganas, Block Bhangar II, Mouza : Tara Hadia,  JL No. 13, LR Dag No. 617 , LR Khatian no. 895, Area of Land 0.06 acre , Description : Shali. 
One of the owners or Ryot of LR Plot no. 617 is Asadul Molla - who has Khatian no. 895 (under this Khatian he hold some other plots also) holds only 0.0133 out of 0.06 acres of Land

Mouza (No. of plots make a Mouza) : Tara Hadia,  JL No. (no. of JL nos. in a PS. JL is basically the serial no. of Mouza. ) 13, LR Dag (Hal Dag or New Dag ) / RS Dag (Sabek Dag or Old Dag)  No. 617 (or Plot no. , if urban) , LR (or RS)  Khatian no. 895, Area of Land 0.06 Acre , description : Shali. Previously Britisher used to equate a land with Police Station or Tauzi . It has been done away with. So if you mention Tauzi it has no significance.

e.g. HIDCO has only information about RS Dag no. and not LR Dag number. So one should quote only RS Dag number for the purpose of HIDCO. Normally they are same. However https://banglarbhumi.gov.in/ only mention LR Dag number - which is the computerized umber.

In https://banglarbhumi.gov.in/ one can find RS Dag no. by putting LR Dag no.

To get any information under the above website, first you have to get yourself registered.

## Every block has a Block Land and Land Reform Officer or BLLRO . If you enquire in BLRO office then you will get information about Dag/Plot , Khatian, Shatak (100 Decimal) Land area

## JL = Jurisdictional List. There are number of JL no. or Mouzas under a PS.

### Every land today has been "settled" , so description of Land should start with RS (or LR) or Revisional settlement. Without RS it is not possible to identify any land.

14A. How much is Hectare or Acre or Cottah or Satak or Chittak ?

1 Chittak ( or Chhatak) = 45 sq ft (or half of 10 ft by 10 ft room)
1 Decimal =10 Chittak = 450 Sq ft  ( 1 Cottah= 720 Sq ft )
1 Cottah (or Kattah) = 1.66 Decimal = 16 Chittak = 1.66/100 Acre i.e. 1/60 Acre 720 Sq ft (45x16)
1 Bigha  = 20 Cottah
1 Acre = 3.025 Bigha or 3 Bigha 0 Cottah 8 Chittak or 1 Acre  = 100 Decimal = 60 Cottah
1 Acre = 100 Decimal = 100 Satak / Shatak
1 Hectare = 2.47 Acre 7.5 Bigha (= 2.47 x 3.025 )  150 Cottah  (=7.5x20)

### For conversion calculation , click here convert-1-decimal-to-square-feet-sq-ft.html

15. What is Patta or Porcha ?

Porcha is Record of Rights or ownership rights. Under section 49 of West Bengal Land Reforms Act when a land and agricultural rights are given to a poor man, from land vested with Government, it is called Patta.

16. What is Land conversion ?

Section 4, 4A,4B,4C 4D of WB Land Reform Act 1955 dictates how the land is to be used and how it is controlled by Land and Land Reforms officers. Whenever a land is used for purposes other than prescribed, then land of the raiyat will be vested with Government. If the land is not used for 3 years or more, then also land may vest with Govt. A person can apply for land conversion after mutation is done (see point 1 and 3 above)

Where-ever there is Development authority or Planning authority, there land use is guided by West Bengal Town Planing and Country (Planning  and Development) Act 1979 . The roles of Development Authority and Planning Authority is guided by this Act.

But for conversion of Land nature outside HIDCO project area, you have to apply to Collector/ BLLRO.

In other words, The Collector/BLLRO while considering conversion under section  4C of WB Land Reforms Act 1955, may also consult with Development and Town Planner under section 46 of West Bengal Town Planing and Country (Planning  and Development) Act 1979, if land falls under Planning area .  e.g. HIDCO is a  Developer and Planner in New Town.

HIDCO however does not have the power to give NOC for Land conversion.

NKDA is not the Development Authority of  New Town.  The name is a misnomer. It is only the Tax collecting and maintenance authority of New Town. New Town is not part of KMDA area (rather KMA), rather it is carved out of KMDA and given to Housing Board  (and finally to HIDCO).

For Plan area, NKDA gives NOC, if building height is more than 15 metres and land exceeds 1 Hectare. Then final Panchayat gives the Plan sanction. For less than that , NKDA has not role.

In Project area, NKDA only sanctions plan. Here there is no question of applying to BLLRO etc for conversion of land, if it is in project area.

If it is under HIDCO's project area, then BLLRO has no role to pay since land has already been converted. 

For MLUP or land use in Project area, website of HIDCO should be referred to for layout plan like Plot, Premises, road etc. Even in Project area of HIDCO some land has not been acquired.  AA I, AA II, AA III, CBD is in Project area. In Project area there is no Dag no. - only Plot no.  Dag no. is there only in Plan area (or beyond ). Plan area is an area which is beyond the Project area , which is adjacent to Project Area - where land has not been acquired, but since it is adjacent to Project area, HIDCO  decides the Land use.

Outside Plan area (which is the periphery of Project area) , HIDCO has no role to play.

MLUP (Master Land use Plan) in Project area is approved by Board is subject to change, but LUDCP (or Land Use & Development Control Plan) (Plan area) is final and is not flexible. It is a legal document.

In Kolkata Metropolitan Corpn area this power has been vested with KMC. Typically BLLRO issues mutation in rural areas and also approves conversion, if any , after mutation is done.

e.g. In Ward 1-100 of Kolkata, mutation certificate is issued by KMC.

For ward 101-144 it was issued by BLLRO, since they were not part of KMC.

Now in 1984, Kasba, Jadavpur and Behala were merged from BLLRO to KMC.

Joka was added in 2012.

But still the practice till date (July 2019) was to take mutation certificate from both BLLRO and KMC.

If a land is shown as Bastu or Shali in BLLRO records, then you cannot construct Building in that plot (in 101-144) unless he converts the land from Shali or Danga to Bastu , before submitting a proposed plan to KMC. In any case first mutation has to be done.

Now it has been decided in July 2019 that for land which is less than 3 cottah, mutation certificate from BLLRO is not required. Just KMC will do.

If an RTI comes to HIDCO, then it can only write to the applicant, whether it falls under Plan area or Project area.

But whether a land has been acquired or not (ie whether within project area or not) , LA collector is the final authority. Although HIDCO has information about the same.

There are :

# 18 Development Authority (e.g ADDA, SJDA, SSDA,KMDA) http://www.wburbanservices.gov.in

To sustain a consistent industrial growth spread over different areas of the State, the Government has set up various Development Authorities under the West Bengal Town & Country (Planning & Dev.) Act, 1979. The major functions of these Development Authorities are to:

Prepare and enforce Land Use and Development Control Plan (LUDCP)
Prescribe use of land within its area
Prepare development plan for the area
Execute area development schemes directly or through other agencies
Promote industries and housing and commercial complexes
Develop infrastructure like road, electricity, water, sewerage and drainage
Assist in creation of social infrastructure

Co-ordinate development activities of all departments and agencies of the State                       Government or local authorities operating within the Planning Area.

*** Unfortunately, multiple agencies are involved in the development of the same area, city. Lack of clear division of responsibilities often leads to a multiplicity of the role and over-lapping functions resulting in wastage of time and resources, thus duplication of work & long delay in project implementation. 

Kolkata Metropolitan Development Authority (KMDA) is the statutory planning and development authority for the Kolkata Metropolitan Area (KMA). KMA, also known as the Calcutta Metropolitan Area and Greater Kolkata, is the urban agglomeration of the city of Kolkata in the Indian state of West Bengal. It is the third most populous metropolitan area in India after Delhi and Mumbai. The area is administered by the KMDA. The area covers 72 cities, and 527 towns and villages. (https://en.wikipedia.org/wiki/Kolkata_metropolitan_area)

#     7 Municipal Corporation http://www.wburbanservices.gov.in

#  118 Municipalities or Urban Local body (under WB Municipality Act) http://www.wburbanservices.gov.in

#      9270 Panchayats (WB Panchayat Act 1973)  

So in Panchayat area, Collector will consult with Panchayat Pradhan.

What is the difference between municipal corporation , municipality and Panchayat in india?

The Constitutional (74th Amendment) Act, 1992 made the provisions relating to urban local governments (Nagarpalikas). Accordingly there are there are only three categories of urban local bodies.

Three tier structure:
Municipal corporations
Municipal councils
Nagar panchayats

All of them are civic bodies and the functions of both of them are almost the same. They are all responsible, in their own way, to generate revenue through taxes and deliver services to the citizens. 
In some states, the state government declares a municipality as a municipal corporation once the population there reaches 3/10 lakhs - depending upon which State you are in.  In Gujarat it is 3 lakh.
Their members are elected by the citizens. Number of members depends on the size of the city. 
In municipal corporations, generally an IAS officer is appointed as its commissioner and thus the better governance comparatively while in municipalities, a state service officer (e.g. WBCS) is given the post of commissioner. 

Mayor is the first citizen in municipal corporations while the designation is Chairman in municipalities. 

1. Muncipal corporation or  Mahanagar Palika or local government body are the governing body for big towns like Delhi, Mumbai, Kolkata etc. They govern metropolitan cities with population more than 1 million. 
They have a wide range of functions , starting with basic infrastructure like Town roads , transport , street lighting , water, drainage , primary health care , education institution, sanitation , Town planning , regulation of land use etc. Often since municipalities depend to a large extent on state governments for funds , they fall abysmally short of fulfilling the basic civic needs of the area.
With increasing urbanisation and formation of bigger cities , the Corporations have come into being with more financial and administrative powers. The expectations from Municipal corporations are much more starting with a long term urban planning model , urban transportation , affordable housing , avoiding slums / making alternate arrangements , planning to meet major disasters etc
They collect property tax and fixed grant from state government. Mayor is the head of the corporation.

2. Municipality or Municipal Council or Nagar Palika or urban local body are for small or medium cities. They administer a city with population around 1 lakh or more. 
Generally small districts or large towns have municipality. Its functions are almost same as Municipal corporations. 
Like Municipal corporation, municipalities also get their income from tax levied on water, house, market, entertainment, vehicle and grants from state government.

3. Nagar Panchayat  or City Council are for small towns 

4. Very small village : Gram Panchayat

17. What are the officers under WBLR Act 1955 ?

i.  Collector - normally an IAS offer is appointed
ii. District Land and Land Reform Officer (DLLRO)
iii. Deputy Land and Land Reform Officer  
iv. Sub-District Land and Land Reform Officer (SDLLRO)
v.  Block Land and Land Reform Officer (BLLRO)
vi. Special Land and Land Revenue Officer Gr II
vii. Land Reform Officer - Gr II


 The main sources of new demand for land at present are from industry, housing, urban spaces and infrastructure. The provision of land for each of these purposes will require the conversion of land from other uses.

The factors to be considered when land is converted to any of these uses from other current use include the following :

1. The current use to which land is being put and the social costs of land conversion. Where land is agricultural, the factors to be considered are the number of crops grown on the land, irrigation facilities current levels of employment and income generation and the productive potential of land.
2. The impact of land conversion on the present users of the land, particularly when they belong to the working poor. Full and just compensation must be provided for any land that is converted to alternative purposes. This is a matter of the people’s entitlement.
3. The benefits from the alternative uses to which the land will be put, particularly with regard to employment and income generation.
4. Environmental considerations, particularly with respect to fragile or endangered ecological zones.
5. Identify vacant land first. As stated, the Govt. has initiated action to create an inventory of land that is not currently in use.

Enhance Agricultural Productivity

The demand for land for industrialization and urbanization creates a special responsibility with respect to agriculture for the Government. The State can afford to convert land to non agricultural purposes only if it is able to enhance agricultural productivity, and to implement an agricultural policy that will  

# protect and extend the achievements of the Stage with regard to rice production, thereby contributing to the food and nutrition security of the people of West Bengal.
# improve productivity in food production, thus releasing a significant proportion of cropped area in the Stage for the diversification of crop production, and, in particular, the production of oil seeds, pulses, fruit, vegetables and flowers and other non-food crops; l
# protect bio-diversity in West Bengal and develop agriculture and related activities – and, in general, plan land use – in an ecologically sustainable way; and
# ensure that the development of agriculture and related activities is a key instrument of employment-generation, income-enhancement and, in general, qualitative improvement in the living standards of the working people of the countryside.

See youtube channels :

1.  https://www.youtube.com/channel/UCuSBmuaib1L-ZGmzIK9DkbQ
2.  https://www.youtube.com/channel/UCq-j04W7f3j0LjqTeYtK5cg




Eta_94 said...

By far the best and the most comprehensive blog I have read related to land in West Bengal. Thanks a ton!

sourabh said...

Thanks Eta_94

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