GOVERNMENT LAND ALLOTMENT IN RAJASTHAN: STATUTORY FRAMEWORK AND PROCEDURES

ALLOTMENT OF GOVERNMENT LAND FOR AGRICULTURAL PURPOSES

The Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 (“1970 Agricultural Rules”) provide the regulatory framework governing the allotment of Government agricultural land to eligible persons in the State of Rajasthan.

1. Lands not available for allotment

Under Rule 4 of the 1970 Agricultural Rules, certain categories of Government land are expressly excluded from allotment for agricultural purposes. These include:

i. Lands specified under Section 16 of the Rajasthan Tenancy Act, 1955;

ii. Lands demarcated as aircraft landing grounds;

iii. Village forests constituted under Section 28 of the Rajasthan Forest Act, 1953;

iv. Small baras reserved as threshing grounds adjoining village abadi areas;

v. Lands situated within restricted zones, including:

• Areas within specified radii from municipal limits depending on population;
• Lands situated within municipal limits;
• Lands within 100 yards of railway fencing,
• Lands within 50 yards from the centre line of a national highway or metalled/gravelled road;

vi. Lands declared as saline areas under the Rajasthan Land Revenue (Saline Areas Allotment) Rules, 1962;

vii. Lands reserved for allotment under any special category or scheme notified by the State Government.

2. Conditions of Allotment under the 1970 Agricultural Rules

Application procedure for allotment

The procedure for applying for allotment of Government agricultural land is prescribed under Rule 8 of the Agricultural Allotment Rules.

Key procedural requirements include:

• The application must be submitted in Form III as prescribed under the Rules.
• Where the applicant is a married agriculturist, the application is required to be submitted jointly in the name of both husband and wife.
• The application must be verified in the same manner as a plaint under the Code of Civil Procedure, 1908, thereby requiring the applicant to affirm the correctness of the statements made in the application.
• The application may be submitted in person to the Sub-Divisional Officer or sent through registered post.

This procedural framework ensures proper verification and scrutiny of applicants prior to the allotment of Government land.

Priority for allotment of land

Where multiple applicants seek allotment of the same plot, the allotment is governed by the priority criteria prescribed under Section 101(4) of the Rajasthan Land Revenue Act, 1956, read with the inter-se priority provided under the Agricultural Allotment Rules.

The order of priority is as follows:

• Legal heir of a member of the Armed Forces killed in action, a disabled soldier, disabled ex-serviceman, dependent of deceased defence personnel, or beneficiary of the Integrated Rural Development Programme (IRDP).
• Released Sagri (bonded labourer) who is a landless agriculturist, certified by the Sub-Divisional Officer.
• Members of the Scheduled Castes or Scheduled Tribes who are landless agriculturists.
• Members of Other Backward Classes who are landless agriculturists.
• Unemployed landless agriculture graduates.
• Agricultural labourers who are landless agriculturists.
• Non-commissioned ex-servicemen who have served in the Armed Forces for at least five years.
• Other landless agriculturists, with preference given to those having lower income.
• Non-commissioned members of the Armed Forces or Border Security Force who have rendered not less than five years of service.

The State Government retains the authority to restrict allotment in particular areas to specific categories of persons, if considered necessary in public interest.

Extent of land that may be allotted

Under Rule 12, the maximum extent of land that may be allotted under the Rules is 4 hectares.

However, the following limitations apply:

• The total land held by the allottee, including land already owned or the allottee’s notional share in joint family property, cannot exceed 4 hectares.
• As far as possible, the land allotted should not be less than 2 hectares of unirrigated land.

Special Provision for certain districts

In districts such as Barmer, Jodhpur, Churu, Pali, Jaisalmer, Nagaur, Bikaner and Jalore, where the area is not covered by any irrigation project, the maximum allotment may extend up to 6 hectares.

For calculation purposes, one hectare of irrigated land is treated as equivalent to two hectares of unirrigated land.

Further, allotment cannot ordinarily be made in favour of minors, except in specific circumstances prescribed under the Rules.

3. Conditions of allotment

Under Rule 14, the allotment of land is subject to several statutory conditions.

Nature of tenure

Allotment is made on a Gair Khatedari tenancy basis, with the right to conferment of Khatedari rights after three years, provided the allottee complies with all allotment conditions. Where the allottee is a married agriculturist, the land is allotted jointly in the name of both husband and wife, who are treated as joint allottees.

4. Cancellation and resumption of allotted land

The Collector has the power to cancel allotment either suo motu or upon application, if:

• the allotment was obtained through fraud or misrepresentation;
• the allotment was made contrary to the rules;
• the allottee breaches the conditions of allotment.

Further, the land may be resumed by the State Government without payment of compensation where:

• the land is not brought under cultivation;
• the land is sub-let or transferred in violation of tenancy laws;
• the allottee was not a landless agriculturist;
• rent or government dues are unpaid; or
• unauthorised construction is carried out on the land.