Consolidation is the process of converting many small and fragmented holdings
into one big farm.
It is the process by which farmers are convinced to get, one or two compact
farms in place of their fragmented farms.
Also, in this process farmers' fragmented land holdings are pooled and then
re-allotted them in a way that each gets a single farm of having same total size
and fertility like his previous fragmented landholdings.
1750s: Denmark was the first country to start land consolidation.
Consolidation Scheme: Conditions
A Consolidation Scheme shall fulfil the following conditions, namely:
- Scheme secures the rights and liabilities of a tenure-holder, as
recorded in the annual register prepared under Section 10, are, subject to
the deductions, if any, made on account of contributions to public purposes
under this Act, secured in the lands allotted to him.
- Subject to deductions, the valuation of plots allotted to a
tenure-holder shall be equal to the valuation of plots originally held by
him.
Note: Provided that, except with the permission of the Director of
Consolidation, the area of the holding or holdings allotted to a tenure-holder
shall not differ from the area of his original holding or holdings by more than
twenty five per cent of the latter.
Compensation:
To the tenure-holder:
- For trees, wells, and other improvements, originally held by him
and allotted to another tenure-holder, and
- For land contributed by him for public purposes.
- To the Gaon Sabha, or any other local authority, as the case may be, for
development, if any, effected by it in or over land belonging to it and allotted
to a tenure-holder.
- The principles laid down in the Statement of Principles (Sec-8A) are
followed.
- A Consolidation Scheme before it is made final under Section 23, shall
be provisionally drawn up in accordance with the provisions of Section 19-A.
Provisional Consolidation Scheme By The Assistant Consolidation Officer (Sec-19)
The Assistant Consolidation Officer will prepare provisional Consolidation
Scheme for the unit in the prescribed form after consultation with the
Consolidation Committee.
He is lawfully empowered to allot to a tenure-holder, after determining its
valuation:
- Any land belonging to the State Government, or
- Any land vested in the Gaon Sabha, or
- Any other local authority, as a result of notification issued under
Section 117 or 117-A of the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950.
But where any such land is used for a public purpose, It shall be allotted only
after the Assistant Consolidation Officer has declared in writing.
Publication And Objections (Sec-20)
The Assistant Consolidation Officer Upon the preparation of the provisional
Consolidation Scheme, shall send, or cause to be sent notices containing
relevant extracts to the tenure-holders concerned and persons interested,
therefrom. After that it shall be published in the unit.
Filing objections
Subject to the provisions contained in Section 11-A:
- Any person to whom notice has been sent under sub-section 20(1) and
- Any other person affected by the provisional Consolidation Scheme,
Disputing the propriety or correctness of the entries in the provisional
Consolidation Scheme, or in the extracts furnished may file objection.
ALSO
Any person
- Affected, or
- Having any interest or right, in addition to the right of public
highway, in or over any public land, or
- Having other interest or right which is substantially prejudiced by the
declaration made under sub-section (2) of Section 19-A
May within fifteen days after the publication of the provisional Consolidation
Scheme, file an objection before the Assistant Consolidation Officer or the
Consolidation Officer stating the nature of such interest or right.
Before Whom?
Objection May Be Filed Before Assistant Consolidation Officer or the
Consolidation Officer.
Time Limit for Raising Objection
Objection may be filed within fifteen days of the:
- receipt of the notice
- date of the publication of the provisional Consolidation Scheme, as the
case may be,
Disposal Of Objection On The Statement(Sec-21)
All objections received by the Assistant Consolidation Officer shall, as soon as
may be, after the expiry of the period of limitation prescribed therefore, be
submitted by him to the Consolidation Officer, who shall dispose of the same, as
also the objections received by him, in the manner hereinafter provided after
notice to the parties concerned and the Consolidation Committee.
Any person aggrieved by the order of the Consolidation Officer under sub-section
(1) may within [15] days of the date of the order, file an appeal before the
Settlement Officer, Consolidation whose decision shall, except as otherwise
provided by or under this Act be final.
Local inspection before Disposal of objections to the provisional Consolidation
Scheme:
After notice to the parties concerned and the Consolidation Committee, local
inspection of the plots in dispute is made by:
- The Consolidation Officer before deciding the objections, and
- The Settlement Officer, Consolidation, before deciding an appeal.
If, during the course of the disposal of an objection or the hearing of an
appeal, the Consolidation Officer or the Settlement Officer, Consolidation:
- Believes material injustice is likely to be caused.
- To several tenure-holders in giving effect to the provisional
Consolidation Scheme
and that a fair and proper allotment of land to the tenure-holders of the
units is not possible without revising the provisional Consolidation Scheme,
or getting a fresh one prepared, it shall be lawful, for reasons to be
recorded in writing, for:
- The Consolidation Officer to revise the provisional Consolidation
Scheme, after giving opportunity of being heard to the tenure- holders
concerned, or to remand the same to the Assistant Consolidation Officer,
with such directions as the Consolidation Officer may consider necessary;
and
- The Settlement Officer, Consolidation, to revise the provisional
Consolidation Scheme, after giving opportunity of being heard to the
tenure-holders concerned or to remand the same to the Assistant
Consolidation Officer, or the Consolidation Officer, as the Settlement
Officer, Consolidation, may think fit, with such directions as he may.
consider necessary.
Confirmation Of The Provisional Consolidation Scheme And The Issue Of Allotment Orders (Sec 23)
The provisional Consolidation Scheme so confirmed shall be published in the unit
and, except as otherwise provided by or under this Act, shall be final.
Where the allotments made under Section 19-A are not modified under Section 21
and are confirmed under sub-section (1), the extracts contained in the notice
issued under Section 20, shall [, except as provided by or under the Act] be
treated as final allotment orders for the tenure-holders concerned.
Conclusion & Opinion
Farms in India are not only small in size but also lie scattered. Scattered
farms means lot of time, energy and money wasted in moving men and material from
one farm to another resulting in sub-optimal use of resources.
Hence land consolidation = essential for progressive farming/ capitalist methods
/ mechanization of agriculture.
Land Consolidation: Benefits & Advantages
- Scientific methods of cultivation, better irrigation, mechanization
which is possible on consolidated holdings, and they result in low cost of
production + increases income
- Saves farmer's time, energy, and money in moving from one farm to the other.
- Farmer feels encouraged to spend money on the improvement of his land.
- No land is wasted in making boundaries between tiny farms.
- Surplus land after consolidation can be used for construction of gardens,
school, Panchayat Ghar, roads, playgrounds etc for the benefit of entire
village.
Land Consolidation: Difficulties & Obstacles
- Indian farmer has orthodox mindset. He does not want to part with the
land of his ancestors, even if it the principles of modern agriscience/business
management advocate land consolidation.
- Rich farmers own large tracts of fertile land. They oppose consolidation
fearing some other farmer will get part of their fertilize land.
- In many areas, farming done on oral agreements, there are no paper
records.
- Land quality/Price within tehsil will vary depending on irrigation and
fertility. So, one farmer will have to pay money (or receive money) depending on
land quality, while they exchange their land with each other.
- But this price determination is difficult because of lack of land
surveys, agri.surveys and inefficient/corrupt revenue officials.
- Revenue official at village / Tehsil level are inefficient and not
trained in this type of technical work.
Ashok Khemka (the IAS officer who exposed Raabert Vadra/DLF scam.) Earlier,
Ashok Khemka was Director General Consolidation of Land holdings in Haryana. He
exposed how land consolidation related provision were misused in Faridabad
district of Haryana. modus operandi was following:
the real estate mafias/dalal type elements would first buy small patches of
unfertile land scattered in Aravalli hills (using xyz farmers under benami
transection.)
Then they would bribe local tehsildar, patwari to get fragment farms exchanged
for consolidated big farms near the foothills where national/state highways are
to be constructed in future can be sold at extremely high prices after 5-10-15
years truckload of profit with minimum effort. Thus, original purpose of land
consolidation i.e., to increase agricultural productivity is defeated.
Written By: Shashank Harshit Singh
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