UNIT-4- NOTES
Chhattisgarh Agricultural Holdings Act, 1960
1. Introduction
The Chhattisgarh Agricultural Holdings Act, 1960, was enacted to regulate land ownership,
ceiling limits, land transfers, and surplus land acquisition. The primary objective is to prevent
land concentration in a few hands, ensure equitable land distribution, and protect small and
marginal farmers.
2. Important Definitions (Section 2)
Key Terms in the Act
Agricultural Holding – Land used for cultivation, horticulture, and allied activities.
Landholder – A person who owns or holds agricultural land under the law.
Ceiling Area – The maximum landholding limit prescribed by the government.
Surplus Land – Land exceeding the ceiling limit, which the government can acquire.
Encumbrances – Loans, mortgages, or legal burdens on land.
Land Revenue – Tax payable to the state for using agricultural land.
Case Law Example
State of M.P. v. Rameshwar Prasad (1995) – The Supreme Court upheld the government’s
power to acquire surplus land after determining the ceiling limit.
3. Exemptions and Restrictions on Land Transfers
Exemptions from Ceiling Limits (Section 3)
Certain types of land are exempted from ceiling restrictions:
Land held by the government.
Religious institutions’ land (e.g., temples, mosques, trusts).
Plantation land (tea, coffee, rubber).
Educational institutions' land.
Industrial and commercial land.
Restrictions on Land Transfer (Sections 4-5)
Only agriculturists can buy farmland.
Government permission is required for large-scale transfers.
Leasing restrictions apply to prevent absentee landlordism.
4. Fixing of Ceiling Area (Sections 6-10)
Ceiling Limits in Chhattisgarh
Irrigated Land – 10 hectares (approx. 25 acres).
Non-Irrigated Land – 15 hectares (approx. 37 acres).
Case Law Example
Laxman v. State of Chhattisgarh (2011) – A farmer contested land acquisition. The court ruled
that land beyond the ceiling is legally surplus.
5. Determination and Acquisition of Surplus Land (Sections 11-15)
Process of Identifying Surplus Land
Declaration by Landholders – Farmers must declare their landholdings.
Government Verification – Land records are checked for excess holdings.
Publication of Notice – A public notice is issued for objections.
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Acquisition of Surplus Land – Excess land is taken by the state.
Redistribution to Landless Farmers – Surplus land is allocated to the landless and SC/ST
communities.
Example
A farmer owning 40 acres of irrigated land → 15 acres will be taken by the government as
surplus.
6. Payment of Compensation and Encumbrances (Sections 16-20)
Compensation for Acquired Land
Compensation is based on:
Market value of land.
Type of land (irrigated/non-irrigated).
Developments (wells, borewells, fencing, etc.).
Encumbrances on Surplus Land
If the surplus land has a mortgage or loan, the government settles debts before redistribution.
Case Law Example
State of M.P. v. Gopal Rao (1982) – Landowners must receive fair compensation before land
acquisition.
7. Offences and Penalties (Sections 21-25)
Common Offences
Concealment of Land Ownership – Hiding land details to avoid ceiling limits.
Illegal Sale or Lease – Selling surplus land without government approval.
Falsification of Records – Providing false documents to avoid land acquisition.
Penalties
Fine up to ₹50,000.
Land forfeiture without compensation.
Jail term up to 2 years for fraudulent declarations.
Example
A farmer hiding land under a relative’s name to avoid ceiling laws → Government cancels
ownership and takes the land.
8. Miscellaneous Provisions (Sections 26-30)
Appeal and Review of Orders
Landowners can appeal against surplus land orders to the Collector.
Further appeals can be made to the Revenue Board.
Government’s Power to Amend Ceiling Limits
The government can revise ceiling limits based on economic and agricultural needs.
Example
If a new irrigation project increases land productivity, the ceiling limit may be reduced to
prevent land hoarding.
Relevant Sections from Chhattisgarh Land Revenue Code (CGLRC), 1959
Provision Relevant Sections in CGLRC, 1959
Land Records & Survey Sections 105-110
Tenure & Land Ownership Sections 120-125
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Provision Relevant Sections in CGLRC, 1959
Transfer of Agricultural Land Sections 140-145
Ceiling Limits Sections 150-155
Acquisition of Surplus Land Sections 160-165
Compensation & Settlement Sections 170-175
Penalties for Violations Sections 180-185
Conclusion
The Chhattisgarh Agricultural Holdings Act, 1960, ensures fair land distribution and prevents
large-scale land monopolization. It fixes land ceilings, acquires surplus land, and redistributes it
to the landless. Strict penalties prevent misuse and illegal transfers.
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