RIGHTS OVER LAND - ACQUISITION OF RIGHTS OVER LAND IN ASSAM

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ASSAM LAND & REVENUE REGULATION, 1886


RIGHTS OVER LAND - ACQUISITION OF RIGHTS OVER LAND IN ASSAM

The Provisions of this Chapter do not apply to Reserve Forests.

Under Section 6 of the Assam Land and Revenue Regulation, 1886, only 4 categories of rights have been recognized by the State, and these are:

(a) rights of proprietor, landholders and settlement-holders other-than-landholders, and other rights acquired in the manner provided in the Regulation (e.g. fishery-rights.)

(b) rights legally derived from any right mentioned in clause (a) (e.g. by transfer or succession.)
                                                  
                                    The Assam Land and Revenue Regulation (1 of 1886) does not purport to repeal all laws in so far as Province of Assam is concerned under which various other kinds of rights over property could be acquired nor does it abrogate all customs or customary rights as invalid. It is to all intents and purposes a revenue code. For purpose of settlement of land revenue, and for exercising the power conferred by the Regulation, Government would not recognize any other pieces of right over land save and except those which are specified in section 6. But that does not mean that as between any parties, these rights could not be acquired under the provisions of the laws which are also in force in Assam, or that the rights already acquired would stand confiscated. A right based on custom or presumed grant, is in its ultimate analysis a right derived from the true owner either expressly or from acquiescence. Acquisition, therefore of a right of pasturage based on custom is not prohibited by section 6(b) of the Regulation. (Asrabulla v. Kiamatulla, AIR 1937 Cal 245 (D.B)).

(c) rights acquired under sections 26 and 27 of the Indian Limitation Act, 1877 (S. 25, S. 26 of Limitation Act, 1963).

(d) rights acquired by any person as tenant under the Rent Law for the time being in force.
                                          
The section will not affect rights by way of lease granted by or on behalf of the Government, and to that extent, this right can be said to have been recognized by the section.

Of these 4 categories, the first comprises the bulk of the land rights in Assam and is basic, the other categories being more or less derivative rights. Thus the rights under (b) above are legally derived from (a) by succession, purchase, gift, bequest, etc. The rights under (d) are also derived from (a) because tenants derive their rights from the landlords. The rights under (c) are acquired by easement. Sections 26 and 27 of the Limitation Act., 1877 provide that where an easement has been peaceably and openly enjoyed by any person as an easement without interruption for a period of 20 years, the right to the easement shall be absolute and indefeasible. Such easement rights cover an extremely insignificant part of the total land rights of in Assam. The basic land rights in Assam are therefore the rights (1) proprietor, (2) land-holder and (3) settlement holder-other-than-landholder. Can we spell out these rights in concrete terms?

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