Sections 33 and 81 of Delhi Land Reforms Act 1954

Syllabus: GS2/ Polity and Governance

Context

• The demands to repeal Sections 33 and 81 of the Delhi Land Reforms Act of 1954 resurfaced after allegations that the Union government failed to fulfill its promise.

Delhi Land Reforms Act, 1954

• The Delhi Land Reforms Act, 1954 was enacted to modify the Zamindari System and unify the tenancy laws in Delhi. 
• It repealed several other acts, including the Punjab Tenancy Act, 1887, the Agra Tenancy Act, 1901, and the Punjab Land Revenue Act, 1887.
• The act established two classes of land tenure holders: Bhumidhar and Asami. 
• When a village is declared as an urban area, it is no longer governed by the Delhi Land Reforms Act; it comes under the Delhi Municipal Act 1957 and the Delhi Development Act 1954.

Sections 33 and 81 of the Delhi land Reform Act 1954

• Section 33, prohibits the sale, gift, or transfer of agricultural land if such a transaction results in the owner holding less than 8 acres of land.
  • The objective is to prevent fragmentation of agricultural holdings to ensure economic viability for farming.
  • Exceptions: Transfers are permitted only to religious or charitable institutions and individuals associated with the Bhoodan movement.
• Section 81 states that a landowner can be ejected if the land is used for non-agricultural purposes such as housing or commercial activities.
  • The land, in such cases, would vest with the Gram Sabha.
  • The permitted activities under this section include agriculture, horticulture, animal husbandry, pisciculture, and poultry farming.

Why are these sections contested?

• Outdated Provisions: Delhi has shifted from a primarily agricultural region to an urban hub, making the laws less relevant.
• Urbanization Needs: Restrictions delay infrastructure development and housing expansion.
• Bureaucratic Hurdles: Complex procedures for obtaining permissions can lead to corruption.

Way Ahead

• Modification of Section 81 to impose monetary penalties for the misuse of agricultural land instead of transferring ownership to the Gram Sabha.
• Providing alternative livelihood opportunities and support for farmers with small landholdings could ensure better economic security while preventing exploitation.
• A balanced approach should be considered that preserves agricultural viability while allowing controlled development to benefit both rural communities and urban expansion needs.

Source: IE