The Waste Land (Claims) Act, 1863

The Waste Land (Claims) Act has been incorporated on 1th March, 1863. This Act has been established to make special provision to adjudicate the claims with regards to waste lands as it is an expedient. This provision is especially made in case of sale of waste lands on account of State Government and such other disposition of such waste lands.

This sale of the waste land shall be done by any Collector of land revenue or any such Officers allotted for the land revenues in whatever name he may be designated shall dispose these lands by advertising and within three months they shall dispose the waste lands. In case of any legal proceeding or claims with regards to this, they shall enquire or investigate under this provision of this Act.

The Collector or such other Officer shall first call upon the claimant or any other aggrieved party to produce the necessary documents to prove his genuine in claiming. The Officer shall enquire further and decide based on the merit of the case. They either admit their claim or reject the objection. While selling the waste lands all the terms and conditions shall be notified with the intention to follow by the purchaser. Based on the Order the sale shall be postponed. It shall also postpone in case if the claim or legal proceedings are pending.The Collector or such other Officers shall stop the sale in case if the claim has been rejected. Such rejection Order shall be made a copy and given to the claimant. The claimant upon such copy of the rejection Order, if still aggrieved should appeal within one week. In case if he fails to appeal within the time limit, then the Order shall stand final.

 The State Government shall within twelve months Order to transfer the matter to Court. They shall try the case with the help of Civil Procedure Code depending upon the Jurisdiction. In case if necessary a Special Court shall be constituted and such constitution of the Court shall be notified. The procedures shall be performed based on the civil procedure Code. In certain cases or upon certain Orders there shall be no appeal or revision as the Order made in pursuance to this Act. In case if there arise any questions of law or any issues that are to be resolved with the opinion of the Higher Court, on such occasion they go for the High Court or for the supreme Higher Courts for Appeal or revisions in the place where the issue land is situated. This High Court or any other higher Courts shall give its opinion but not decide the case. This case has been decided only by the Court that is specified by this Act.

The Court specified under this Act shall even pass the Order against the opinion of the Higher Courts or in contingent to its reference made to the higher level Courts.  These cases shall be maintained as a record in the Civil Court Original Jurisdiction of the District where the disputed land is situated. There shall be no dispute or claim on such land that has been disposed off and the waste lands have been handed over to the purchaser by the State Government. Nobody can claim for the disposed land at the expiry of three years from the date of disposal to the end of third year. If any aggrieved party on such transfer of lands within three years shall claim for compensation or to transfer of such land to him. In order to entertain such matter the Court specified, the aggrieved party should show his genuine interest towards such waste lands. If the Court satisfied it will call back the records and proceed with the case and decide to its merit. The State Government shall never be barred from paying compensation to the aggrieved parties being eligible to receive such compensation in pursuance to this Act upon satisfaction of the State Governments. In case if there is a Board of revenue or financial Commissioner or such other person or association, the functions of the State Government under this Act shall be delegated to such Board or Commissioners, etc. In case of repealing clause, the Interpretation Clauses represented by the Repealing and Amending Act, 1914 has been repealed.

Adv. C.Srivenkatesh Prabhu