The Delhi Land Reforms Act, 1954
154. Vesting of certain lands etc, in Gaon Sabha. –
[(1) Renumbered by Act 38 of 1965)] On the commencement of this Act –
(i) All lands whether cultivable or otherwise, except land for the time being comprised in any holding or grove,
(ii) All trees (other than trees in a holding or on the boundary thereof or in a grove or abadi) [(Note: Ins. by s.16 of Delhi Act of 1956) or planted by a person other than a proprietor on land other than land comprised in his holding],
(iii) Public wells,
(iv) Fisheries,
(v) Hats, bazaar and meals, except hats, bazaar and meals held on land to which provisions of clauses (a) to (c) of sub- section (1) of section 11 apply,
(vi) Tanks, ponds, water channels, pathways and abadi sites,
(vii) Forest, if any. Situate in a Gaon Sabha Area, shall vest in the Gaon Sabha :
Provided that if the uncultivated area situate in any Gaon Sabha area is, in the opinion of the Chief Commissioner, more than the ordinary requirements of the Gaon Sabha, he may exclude any portion of the uncultivated area from vesting in the Gaon Sabha , he may exclude any portion of the uncultivated area from vesting in the Gaon Sabha under this section and may make such incidental and consequential order as may be necessary.
[(2) “(Note: Inserted by Act 38 of 1965) Where any land which is vested in the Central Government under sub section (3) or sub section (4) of section 150, is held immediately before such vesting by an Asami of a Gaon Sabha , then , notwithstanding anything contained in clause (b) of sub section (2) of section 1, and so long as it is held by such Asami, the provisions of this Act shall continue to apply to such land subject to the modification that all references therein to Gaon Sabha and Gaon Panchayat shall in relation to such land be construed as references to the Central Government.”]
COMMENTS
Sections 6, 11, 13 and 154 of the Act read together, show that after the Act came into force, proprietors of agricultural land as such ceased to exist.
Then, (i) If any land was a part of holding of a Proprietor, he became a Bhumidhar of it. (ii) If it was part of the holding of some other, such as a tenant or a sub-tenant etc. he became either a Bhumidhar or an Asami, whereupon the rights ofthe proprietor in that land ceased. (iii) Lands, which are not holding of either the proprietor or any other person vested in the Gaon Sabha. (iv) In other case, where the proprietors under the definition were Sir or Khudkasht at the commencement of the Act, their rights were retained with respect to those lands. Thus, if it was not Sir or Khudkasht of a Proprietor, it would not be his holding and, consequently this land would vest in Gaon Sabha under Section 154 of the Act. Hatti v.Sunder AIR SC 2320.
The Delhi Land Reforms Act, 1954
