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LEGAL CHAT

— Photo: N. Balaji

For a purpose: The assignment of land can be made free of value or on a stipulated payment.

The assignment lands are assigned to individuals by the government for specific purposes. Firms and Societies may also be eligible for assignment. Lands which are assigned for industrial or commercial purposes are dealt with on a separate basis and not considered for the purposes of this discussion.

It may be noted that the assignment of land can be made free of value or on a stipulated payment. In both cases, conditions are usually imposed for dealing with the land. These conditions should be strictly complied with. In certain cases, there could be certain special conditions. The assignee has to comply with all the conditions imposed.

Usually, there is an indication as to whether the assignment is temporary or otherwise. Unless the assignment is purely temporary, it can be taken that the intention is to provide the assignment on an outright basis. However, the nature of conditions could be such that it permanently restricts or limits the further dealings of the assignees to the property.

The normal stipulation of conditions will include that the assignee should use the property for a specific purpose from the date of assignment upto a limited period of time. This could be something like ten years or any other period specified in the conditions. During this period, the title to the lands is such that the same can be inherited by the legal heirs of the assignee. However, the assignee or the legal heirs will not be in a position to sell or alienate the property. In other words, the title is inheritable, but inalienable during the said period.

If the assignee complies with the conditions fully and the grant is of a permanent nature and has not infringed any of the conditions, providing the power to the Government to resume the land, the assignee may have a power to alienate the land. The acquisition of title to the land will be governed by the conditions and not by the general provisions under the Transfer of Property Act. If a condition is imposed that the land should be utilised within a specified period for a specific purpose, then the land should be so utilised. If any restrictions are imposed, such restrictions have to be followed for the length of time prescribed. It is only then the assignee will acquire a title to the property.

It is to be noted that even if the assignee has complied with the conditions, but has alienated the property before the specified period has expired, the land can still be resumed by the Government. If there is a specific condition that the assignee should not dispose the property as the land was granted free of value, then the lands cannot be alienated for any length of time. This would be so even if the lands were acquired by assignment on payment of value. In such cases, the nature of assignment will be that the assignee can utilise the land for the purpose assigned, so long as the assignee fulfils the conditions. Any violation or infringement of the conditions, may lead to the lands being resumed by the Government.

Some of the assignment may contain a condition that the Government may resume the land without compensation. The conditions may be specifically to the effect that this will be the case even if structures are put up or improvements made by the assignee. In such cases, if there is a violation of the conditions, then the Government may resume the land without payment of compensation. At times, there may not be reference to payment of compensation for the land. However, there may be a condition that there will be no compensation for structures erected or improvements made. In such cases, the implication is that there will be no compensation for lands as well.

There are also cases in which there are specific conditions which will permit the assignee to dispose the property after the expiry of a particular time limit. In such cases, if the assignee has complied with all other conditions and the time limit has also expired, then the assignee will get good title to the property and can deal with the property as per the provisions of the Transfer of Property Act.

Basically, assignments are made in respect of lands which are not reserved for special purposes. This type of land could be assessed or unassessed. A land reserved for special purpose means that it is earmarked as being required or likely to be required for a specific purpose. The land records relating to such reserved lands have to disclose the purpose if it is so reserved. Lands classified as “Poramboke” or lands reserved for special purposes are not normally assigned. There could be certain stipulations relating to the roads within certain types of lands assigned.

Lands which are assigned are also usually so assigned on the basis that there are no objections for such assignment. Lands acquired for communal purposes are not assigned. Lands like grazing ground Porambokes are normally not assigned. Lands which formed tank beds are not assigned. Lands acquired for housing sites and social or communal purposes are not assigned. Lands which have dense and valuable forests growth are not assigned. There could be a prohibition for assignment of land within a specified belt area from a particular town or city. All these are general rules and there could be some permissible exceptions within the framework of the legal provisions. Lands can also be assigned specifically for the purpose of alleviating troubles and problems of the downtrodden or socially or otherwise backward persons or for scheduled caste and tribes. Such lands are usually not alienable.

The assignment should be made by the proper authority concerned. The assignment can also be made on specific applications made by persons on consideration of such applications. Assignments can also be made by an auction. There could be restrictions even after the expiry of specific period that permission from Tahsildar or Revenue Divisional Officer should be obtained.

There are several other matters governing such grants. It will be advisable to obtain professional advise on all the aspects relating to the assignment, and the conditions relating to the dealing with assigned lands before transactions are effected.

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