Recording of Khasmahal, Nazul, Gramakantha Parambok and Abadi Land

Khasmahal The word Khasmahal denotes “ the estate under self” (Govt. Estate). The estate were under direct management of Govt. Khasmahal land were controlled and regulated under Bengal Land Revenue Settlement Regulation (Regulation VIII of 1822) and regulation XI of 1828. In Khasmahal areas leases were being granted to persons for a term of year subject to renewal, the lessees were not allowed to transfer their holdings in full or in part without previous permission of the land lord.

Nazul Land Nazul lands carry the characteristics of escheated properties. In the after math of sepoy mutiny the then Governor escheated properties of large number of persons suspecting their involvement in the mutiny or for some other reason. The escheat of the property by govt. continues even after 1857. The properties taken over by the Govt. were managed directly by the Govt. and in certain cases were used for public purposes like Bazar, Market, Club House and in some cases were placed at the disposal of local bodies for their management. The Nazul lands are situated in Sambalpur, Jharsuguda, Kesinga, Bhawanipatana, Junagarh and a few other Urban areas. The Nazul lands were leased out ordinarily for a period of 30 years with options of renewal with certain terms and conditions of the lease deed.

Gramakantha Parambok Land Parambok is a compound Tamil word which means “excluded places”. These are un cultivated lands in the villages reserved for certain purposes. These lands are set apart for public purposes such as village sites, Tanks, Roads, Channels. It includes hills, jungles, communal lands are one of the species of the parambok lands.

Abadi Lands The term Abadi(Basti) is defined in section 71 of the Central Provinces land Revenue Act. 1917. The section provides that the Settlement Officer in every inhabitated villages ascertain and determine the area to be reserved for the residence of the inhabitants or for ancillary purposes. Abadi lands are noticed in Sambalpur, Jharsuguda, Baragarh & Nuapada.

Provision for Settlement In the year 2009, sub section 4 of Sec 3 of the OGLS Act. 1962 has been substituted providing for settlement of these lands with permanent, heritable and transferable rights with the persons who is in occupation of such land either on the basis of lease or otherwise for a period of at least 3 years prior to the appointed date i.e. 26.02.2009 subject to payment of such amount to Govt. as may be prescribed. The Odisha Govt. Land Settlement (Amendment) Rules 2010 prescribes the procedure for settlement of these lands for homestead purposes. Similarly The Odisha Govt. Land Settlement (Amendment) Rules 2014 deals with the matter relating to settlement of lands other than homestead and agriculture.

Eligibility for Settlement For Gramkantha Paramboke or Abadi (Basti) he must be in possession in accordance with customary right or usage. Or In possession by way of transfer through a registered sale deed from a person who was in lawful possession of such land in accordance with any customary right or usage. For Khasmahal of Nazul land he must be in possession on the basis of lease granted by Government whether renewed or expired. In possession by way of registered sub-lease including Subsequent sub-lease by leasee or sub-leasee.

Settlement of Homestead land As per Government notification Dt. 17.02.2010 Khasmahal and Nazul Land leased out, and Gramkantha Paramboke and Abadi land occupied prior to 26.02.2006 and used for homestead purpose shall be settled. The Tahasildar on receipt of application / claim petition shall initiate case case record, make general proclamation inviting objection. The Tahasildar shall make inquiry about (i) eligibility of the applicant (ii) purpose for which the land is used (iii) actual extent of land under possession and on sabik status of land (Gramakantha Paramboke, Abadi, Nazul or Khasmahal, Gharabari, Pattadar as the case may be) The lease includes Sub-leasee and Sub-sequent leasee. The person or his lawful predecessor-in-interest must be in possession of such land at least 3 years prior to 26.02.2009. The Tahasildar is competent to settle the land in rural area and maximum limit in Ac. 0.04 dec. The land used for community purpose like road, playground, public places of worship, Government Institutional Buildings be recorded in “Rakhit Khata”. For urban area Sub-Collector can sanction Ac. 0.04 dec on reference by the Tahasildar.Similarly if area exceeded Ac. 0.04 dec and not less than Ac. 0.10 dec in rural area and Ac 0.04dec in urban area confirmation from Collector is required. The settlement of land shall be made on payment of Salami and Rent and on Rayati basis.

Non-Homestead land As per Govt. notification dt. 10.11.2014, Khasmahal and Nazul land leased out and Gramkhantha Paramboke and Abadi land occupied prior to 26.02.2006 and used for the purpose other than homestead and agriculture shall be settled. The procedure is same as mentioned at Homestead purpose. But power to settle vests with Sub-Collector up to Ac. 0.10 Dec in rural area and Ac. 0.04 dec in urban area and subject to prior approval of Collector. Prior approval of Collector is also required for settlement in favour of charitable and “not for profit” Organization.