Unowned Lands.Central

Section 42 of The Central Provinces Land-Revenue Act, 1881

Whenever a claim to the exercise or enjoyment of any right (not amounting to the right of exclusive possession) in, to or over, any land comprised in such notification is established, either before the Settlement-officer or before the Court constituted under the said Act No. XXIII of 1863, section seven, the Settlement-officer may assign to the claimant as his property a definite portion of such land, or, with the sanction of the Chief Commissioner, he may otherwise compensate the claimant; and such assignment or compensation shall be held to extinguish all claims on account of such exercise or enjoyment.

Summary

This provision explains what happens when someone proves they have a limited right over land that was notified as having no owner.
A limited right means a right to use the land, but not the right to exclusively possess or own it.
If this right is proven, the Settlement-officer can give the person a specific piece of that land as their own private property.
Alternatively, the officer can choose to compensate the person in a different way, but this requires special permission from the Chief Commissioner.
Once the person receives the piece of land or the compensation, all their previous claims to use that land are completely cancelled.

Practical examples

1In May 1884, local resident Mary proves she has a customary right to gather firewood on a notified empty lot, but she does not own the lot. Under Section 42, the Settlement-officer gives her a small, specific one-acre corner of the lot to own fully, which cancels her firewood gathering rights on the rest of the land.

2A group of villagers proves they have a right of way across a notified waste land in 1886. Instead of giving them land, the Settlement-officer gets approval from the Chief Commissioner under Section 42 to pay them a cash sum of 500 rupees, ending their right of way forever.

FAQ

1. What happens if I prove a right to use land under Section 42 of The Central Provinces Land-Revenue Act, 1881?

Under Section 42 of the 1881 land revenue law, the Settlement-officer can assign you a definite portion of the land as your property, or provide other compensation with the Chief Commissioner's sanction.

2. Does getting compensation under Section 42 of the 1881 Act end my rights to the land?

Yes, Section 42 of The Central Provinces Land-Revenue Act, 1881 states that receiving an assignment of land or other compensation extinguishes all your claims regarding the exercise or enjoyment of that land.

3. Who must approve alternative compensation under Section 42 of the land revenue rules?

Under Section 42 of the 1881 Act, the Settlement-officer must get the sanction of the Chief Commissioner to compensate a claimant in a way other than assigning a definite portion of land.

Test yourself

Q1.Under Section 42 of The Central Provinces Land-Revenue Act, 1881, what action may a Settlement-officer take if a person establishes a limited right over notified land?

Q2.Whose sanction is required under Section 42 of The Central Provinces Land-Revenue Act, 1881, for a Settlement-officer to compensate a claimant in a way other than assigning land?

Q3.According to Section 42 of The Central Provinces Land-Revenue Act, 1881, what is the legal effect of providing compensation to a person with a limited land right?

Q4.Under Section 42 of The Central Provinces Land-Revenue Act, 1881, before which two authorities can a claim to a limited right be established?

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