National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Classification and use of land
54. Application of categories of land use to lands alienated before commencement
Feedback & supportThe State Authority may, by notification in the Gazette, specify any area of the State, and prescribe a date (not being less than one year from the date on which the notification is published) on which the provisions of this section are to take effect therein; and, on the date so prescribed—
all land in that area which was alienated before the commencement of this Act shall become subject to a category of land use determined as provided by subsection (2) (which category shall, on or before that date, be endorsed on the register document of title thereto); and
the conditions to which any such land is subject shall become as mentioned in subsection (3):
Provided that—
the provisions of this section shall not apply to any land in the area which has previously become subject to any category of land use pursuant to an application by the proprietor under section 124, or to any direction given by the State Authority under subsection 147(3) on sanctioning its amalgamation with any other land; and
the State Authority may in any such notification exempt any land in the area from the operation of this section.
80
National Land Code 119
The category of land use to which land becomes subject by virtue of this section shall be—
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
in the case of land previously subject to the implied condition specified in subsection 53(2), the category
“agriculture”;
in the case of land previously subject to the implied condition specified in subsection 53(3), the category
“building”;
in the case of land previously subject to any express condition requiring its use for a particular purpose, such category as is appropriate to that purpose.
Where any land becomes subject to a category of land use by virtue of this section—
it shall become subject also to such express conditions as the State Authority may have directed under section 123, and to such implied conditions as are applicable thereto by virtue of section 115, 116 or 117; and
all conditions to which the land was previously subject shall cease to have effect, except those implied under section 114.
No order under subsection 129(4) or (5) declaring land forfeit to the State Authority shall have effect with respect to any land for breach of any condition to which it is subject by virtue of this section except upon payment of such compensation as may be agreed or determined under section 434:
breach
“breach”, in relation to any condition, covenant or agreement, includes any default in the observance thereof;
Provided that this subsection does not apply to any express condition which has been subsequently varied on the application of the proprietor under section 124.
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Copies of any notification under this section shall be published in accordance with section 433.
81
Use of Lands Approved for Alienation before Commencement