The Waste Lands (Claims) Act, 1863
The Waste Lands (Claims) Act, 1863, Act No. XXIII of 1863, was passed by the Governor-General of India in Council and received the Governor-General's assent on 10 March 1863. It creates a process for deciding claims and objections concerning government waste land proposed for sale or another form of disposal. The printed text reflects amendments, and identifies section 24 as repealed.
What the Act governs
The Waste Lands (Claims) Act, 1863 applies when a person claims waste land that the State Government proposes to sell or otherwise deal with, or objects to the proposed disposal. It provides for an initial inquiry by the District Collector or another officer performing the duties of a Collector of Land Revenue.
A claim or objection must be made within the period stated in the advertisement for the proposed sale or disposal. That advertised period cannot be less than three months.
Inquiry and decision
The Waste Lands (Claims) Act, 1863 requires the Collector or other authorised officer to:
- Ask the claimant or objector to produce supporting evidence and documents.
- Make any further inquiry considered appropriate.
- Admit or reject the claim or objection by an order.
- Notify intending purchasers if the land is to be sold subject to a condition or reservation.
- Postpone the sale or other disposal while the inquiry is pending.
If the claim or objection appears established and the disposal should not proceed, the officer must stop it. The disposal may later continue if the claimant or objector fails to establish the case in a suit directed by the Local Government.
Contesting an adverse order
The Waste Lands (Claims) Act, 1863 requires a copy of an adverse or conditional order to be delivered to the claimant or objector. A person intending to contest it must give written notice to the Collector within one week after delivery, unless further time is granted for a recorded special reason.
The matter is then reported to the superior Revenue Authority, which may confirm, modify or reverse the order. Where an adverse part remains, the matter may proceed to the specially constituted Court. The Local Government may also direct a suit within twelve months after a claim or objection has been admitted by the Collector.
Special Courts and later claims
The Waste Lands (Claims) Act, 1863 provides for Special Courts with an uneven number of at least three members. Once their constitution is proclaimed, other courts cannot hear claims or objections of the class assigned to them. Parties may appear through a pleader or agent, and proceedings are generally regulated by the Code of Civil Procedure.
The listed provisions also address claims concerning land already sold or otherwise dealt with, compensation where a claim is established, and awards made in full satisfaction. Section 24 is shown as repealed.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can I object before government waste land is sold?
Yes. A claim or objection may be submitted within the period stated in the sale or disposal advertisement, which must allow at least three months.
Will the land be sold while my claim is being examined?
The Collector or other authorised officer must postpone the sale or other disposal while the inquiry is pending. Further postponement is required after rejection to allow the claimant or objector to contest the decision.
How quickly must I challenge the Collector's order?
Written notice of an intention to contest must be given within one week after a copy of the order is delivered. The Collector may allow further time for a special reason that is recorded.
Does this Act cover an ordinary private property sale?
The text concerns waste land proposed to be sold or otherwise dealt with on account of the State Government. It does not describe a process for ordinary private property sales.
