Tuesday, October 30, 2018

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

1. 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.

2. 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.

3. 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

4. F. A. Q:

1. What is land conversion ?

Permission is necessary for change in land use - which is called Land Conversion; say from Sali to 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 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.

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.
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 Acquistion 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. 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 Acre  = 100 Decimal
1 Cottah or Kattah = 1.66 Decimal = 16 Chittak = 1.66/100 Acre i.e. 1/60 Acre = 720 Sq ft (45x16)
20 Cottah = 1 Bigha
1 Acre = 3.025 Bigha or 3 Bigha 0 Cottah 8 Chittak
1 Hectare = 2.47 Acre = 7.5  (= 2.47 x 3.025 ) Bigha = 150 (=7.5x20) Cottah

11. What is Jot / Jotdar ?

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

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

Mouza: Tara Hadia,  JL No. 40, RS or LR Dag No. 895 , LR or RS  Khatian no. 3289, Area of Land 120 Shatak , 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.

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
vi Many Dag or Plots make a Mouza

## Khatian is a page of a ledger in Land Reforms office. So the concept is one man one Khatian. Khatian is obviously unique. One can have number of plots or Dag in a Khatian. Obviously Plot is also unique.

## 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 under a PS.

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

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 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.

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, you have to apply to Collector/ BLLRO. e.g. HIDCO is a developer as well as Planner in New Town.  Where there is no Planning or Development authority, BLLRO will take their own decision at the time of conversion. If any land falls under Planning area or Project area of HIDCO then Collector/ BLLRO may consult with HIDCO. In other words, The Collector/BLLRO while considering conversion under section  4C of WB Land Reforms Act 1955, also consult with Development and Town Planner under section 46 of West Bengal Town Planing and Country (Planning  and Development) Act 1979 . In Kolkata Metropolitan Corpn area this power has been vested with KMC. Typically BLLRO issues mutation in rural areas.

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. 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.

HIDCO however does not have the power to give NOC for Land conversion. If an RTI comes to HIDCO, then it can only write to the applicant, whether it falls under Plan area or not. Then Collector/BLLRO will take a call, to talk to HIDCO.

However NOC of HIDCO is required if a construction is made in HIDCO Plan area and building height is more than 15 metres and land exceeds 1 Hectare. For LUDCP or land use website of HIDCO should be referred to.

There are 6 Development Authority (e.g ADDA, SJDA, SSDA,KMDA), 22 Municipal Corpoation, 114 Municipalities (under WB Municipality Act) , 9270 Panchayats (WB Panchayat Act 1973) . 

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

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.



1 comment:

cdiane said...

Oh I did not know. Yesterday I read something similar in nexter.org

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