GURU GHASIDAS UNIVERSITY, BILASPUR
SCHOOL OF LAW
PROJECT ON
THE CHHATTISGARH LAND REVENUE CODE, 1959
“GOVERNMENT LESSEES UNDER C.G. LRC”
SESSION- 2020
1
SYNOPSIS
1. Objective- To reach an agreement with the government tenant that yields the
highest rental rate for the property owner. Resist the pressure to set the property’s
offered rental rate based on what the government tenant states in the best or only
acceptable rate for the market and your property.
2. Aim- The aim is to identify all the property owner obligations and implementing the
negotiation standards as part of your negotiation strategy will ensure that the
government real estate lease, once signed will be profitable for the property owner,
and more importantly, provide for a mutually beneficial and long standing tenancy in
the government tenant.
3. Scope- It extends to the whole of Chhattisgarh and applies with reference to the use
of land for one or more purposes. There is scarcity of material in the online and
offline mode.
4. Research Questions-
1. How to get a government land on lease?
2. What is the use of taking government land on lease?
3. Can we take forest land for lease in Chhattisgarh?
5. Research Methodology- This work is searched and compiled from books and
various websites.
6. Chapterization-
Introduction
Government Lessees
Government lessee after the code
Rights and liabilities of a government lessee
Eviction of government lessee
Opportunity to be heard
Treatment against superannuation
Cancellation of lease, return of possession and re-allotment
7. Conclusion
8. Bibliography
2
INTRODUCTION
A lessee is a person who rents land or property from a lessor. The lessee is also known as the
“tenant” and must uphold specific obligations as defined in the lease agreement and by law.
The lease is a legally binding document and if the lessee violates its terms he or she could be
evicted.
The term Government lessee is defined in section 2(1)(h) as “Government lessee” means a
person holding land from the State Government under Section 181.
Government lands are reserved
for specific uses like residential, industrial etc. there are certain norms under which
government land is leased and it is almost never leased for personal use. A land lease is a
lease agreement that permits the tenant to use piece of land owned by the landlord in
exchange for rent.
SECTION 181 GOVERNMENT LESSEES
(1) every person who holds land from the State Government or to whom a right to occupy
land is granted by the State Government or to Collector and who is not entitled to hold land
as a Bhumiswami shall be Government lessee in respect of such land.
(2) Every person who at the coming into force of this Code-
a) holds any land in the Madhya Bharat region as an ordinary tenant as defined in the
Madhya Bharat land Revenue and Tenancy Act, Samvat 2007 (66 of 1950); or
b) holds any land in the Vindhya Pradesh region as a special tenant as defined in the
Vindhya Pradesh Land Revenue and Tenancy Act, 1953 (III of 1955), or as a gair
haqdar tenant any groove or tank or land which has been acquired or which is
required for Government or public purposes; or
c) holds any land from the State Government in the Sironj region as a gair khatedar
tenant as defined in the Rajasthan Tenancy Act, 1955 (3 of 1955);
shall be deemed to be a Government lessee in respect of such land.
Bhumiswami :- A Bhumiswami is called a tenure holder but he is not a holder of tenancy
rights. The Bhumiswami in these circumstances can well be described as the owner of the
land or more correctly owner of the rights of the land which he holds under the state. Section-
158
Tenure-holder :- A person who holds land from the state Government and who is or is
deemed to be Bhumiswami. 2(z)
3
GOVERNMENT LESSEE AFTER THE CODE
According to sub-section (1), the following persons shall be the government lessee:-
1. a person who holds land from the state government and who is not entitled to
participate as a landlord; or
2. a person who has been given the right to occupy the land by the state government or
the Collector and who is not entitle to hold the land as a landlord.
Through which process will the state government or collector give the right to interfere on
the land by sub-section (3) and the rules made there under. But after the disappearance of
sub-section (3), it is now done according to government instructions. As a result, this act of
leasing cannot be tested by the Raj Mandal or the High Court. But once this right to interfere
is sealed, the lessee falls within the definition of section 181 of the code and the holding
liability and rights of the land by him will be decided according to section 182. It is clear that
the sub-section is not applicable to lessee who has been holding the lease from the
government before the commencement of this code.
Case :- State of M.P. V. Shobharam, 1992
Court held that along with sub-section (3) of section 181,
section 162 has also omitted. Now for the purpose of agriculture also, land has been given
under other provisions and instructions. Under the administrative instructions, the person
occupying the land holds land from the state government as defined in clause (h) of section 2
of the code; therefore according to sub-section (1) of section 181, he is merely “Government
Tenant”.
SECTION 182 RIGHTS AND LIABILITIES OF A GOVERNMENT
LESSEE
(1) A Government lessee shall, subject to any express provisions in this Code, hold his land
in accordance with the terms and conditions of the grant, which shall be deemed to be a grant
within the meaning of the Government Grants act, 1895.
(2) A Government lessee may be rejected from his land by order of a Revenue Officer on one
or more of the following grounds, namely :-
i. that he has failed to pay rent for a period of three months from the date on which it
became due; or
ii. that he has used such land for purposes other than for which it was granted; or
iii. that the tem of his lease has expired; or
iv. that he has contravened any of the terms and conditions of the grant:
Provided that no order for ejectment of a Government lessee under this sub-
4
section shall be passed without giving him an opportunity of being heard in his
defence.
EVICTION OF GOVERNMENT LESSEE
Government lessee can be evicted only on the proving of any one of the four grounds stated
in sub-section (2), otherwise not. One basis of eviction is non-payment of revenue in time,
but eviction should not be done merely because of late payment. The eviction proceedings
have been adjudged by the Supreme Court to be inadmissible if Lagaan remains
unconscionable for more than three months. Eviction should not be done in violation of the
conditions made in good faith and for the convenience of the public. Those lessees who do
not come under the coverage of sub-section (1) or (2) of section 181, action cannot be taken
against section 182.
Opportunity to be heard:- Whether there is any basis for eviction or not cannot be decided
without giving the government lessee an opportunity to be heard in his defence. The proviso
of sub-section (2) contains a clear provision in the subject. “Opportunity to be heard” means
that information must first be given indicating the grounds of eviction. The government
lessee should be given full opportunity to cross-examine the witness and present evidence on
its behalf. The principles of natural justice should not be disregarded in such investigations.
The opportunity of hearing before the Inquiry officer shall not be considered as an
opportunity of hearing before passing the order by the Collector. It is also well established
that the eviction order of government lessee’s must be judicial.
Treatment against superannuation:- If a government lessee was evicted by a suitor, then
there was no section in the code under which the government lessee could get against the
suitor. According to Madhya Pradesh Act No. 15 year 1971, now the government lessee has
been provided with the provision of treatment under section 248 of illegal eviction.
CANCELLATION OF LEASE, RETURN OF POSSESSION AND RE-
ALLOTMENT
1. The State Government may, after giving an opportunity of being heard, cancel the
lease at any time if the lease contravenes, any provision of any Act or Rules for the
time being in force or the conditions of the lease.
2. After cancellation of the lease the possession of the lessee shall be deemed to be
unauthorized possession under section 248 of the code and revenue officers shall be
competent to take action against such lessee under section 248 of the code.
3. In addition to the action under section 248 of the code the lessee shall be liable to pay
a penalty of Rs 10,000/- per hectare per month till the land is vacated by the lessee.
4. After the cancellation of the lease the State Government may allot the waste land to
another lessee.
5. State government may cancel the lease at any time before the completion of the lease
period without assigning any reason.
5
6. State government may cancel the lease before the completion of the lease period if the
land is needed for some other special project.
CONCLUSION
Rent control in India was introduced to prevent pseudo-scarcity of rental housing. They were
heavily biased in favour of tenants to prevent exploitation at the hands of landlords. But the
pace of amendments has not kept up with the change in socio-economic demographics. The
provisions of these Acts are frequently misuse and the landlords face undue hardships. The
rent laws show scant regard to the intention of the parties. If given a choice, the parties prefer
to be governed by law relating to lease. The market forces should be allowed to determine the
rental amounts and the owner must have full protection of his/her property. This will go a
long way in providing security to the landlord and also reduce the deposit amount required
with the lease agreements.
BIBLIOGRAPHY
Website referred:-
www.investopedia.com
www.lawyersclubinda.com
Books referred:-
Chhattisgarh Land Revenue code, 1959- Dr. Hariharniwas Diwedi
