Waste Lands - Law Dictionary Search Results
Home Dictionary Name: waste landsWaste lands
Waste lands, the expression 'waste lands' has a well-defined legal connotation. It means lands which are desolate, abandoned, and not fit ordinarily for use for building purposes. In Shorter Oxford English Dictionary, 3rd Edn., Vol. 2, p. 2510, the meaning of the word 'waste' is given as: 1. Waste or desert land, uninhabited or sparsely inhabited and uncultivated country; a wild and desolate region; 2. A piece of land not cultivated or used for any purpose, and producing little or no herbage or wood. In legal use, a piece of such land not in any man's occupation but lying common. 3. A devastated region. In the sequence in which the expression 'waste lands' appears in the two relevant sections, it cannot but have its ordinary etymological meaning as given in the Shorter Oxford Dictionary i.e., land lying desolate or useless, without trees or grass or vegetation, not capable of any use. In Rajanand Brahma Shah v. State of Uttar Pradesh, ((1967) 1 SCR 373: AIR 1967 SC 1081: (1967) 2 SCJ 8...
Waste land, and arable land
Waste land, and arable land, the expression 'waste land' as contrasted to 'arable land' would, therefore, mean 'land which is unfit for cultivation or habitation, desolate and barren land with little or no vegetation thereon, Raja Anand Brahma Shah v. State of Uttar Pradesh, AIR 1967 SC 1081 (1085): (1967) 1 SCR 373. [Land Acquisition Act, 1894, s. 17(1)(u)]...
Common
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
Estate
Estate [fr. status, Lat.; etat, Fr.], the condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a legal estate or an equitable estate, land being an immovable is capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a good legal or equitable estate at the same time; again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the quantity of interest, e.g., estate in fee simple, for life, for years, etc., in either legal or equitable estates. In practice its most important division is into real estate and personal estate, altho...
Kumki lands
Kumki lands, the district of Sough Kanara had peculiar land tenures. Wargas formed prior to 1886 are termed as 'kadim warg' lands and the Govern-ment-owned waste lands within 100 yards of such wages, are called 'kumki lands'. Owners of the 'warg' lands enjoy certain privileges in respect of 'kumki' lands. Such privileges include the use of 'kumki' lands for grazing cattle, cutting and coll-ecting leaves, timber and other forest produce for agricultural and domestic purposes of the kumki-dar, State of Mysore v. K. Chandrasekhara Adiga, AIR 1976 SC 853 (854): (1976) 2 SCC 495....
Cultivable land
Cultivable land, waste lands covered with shrubs, jungle and the like cannot be held to be uncultivable merely on that account or on account of their being not cultivated for a long time. Land which can be brought under cultivation is cultiv-able land unless some provision of law provides for holding it otherwise in certain circumstances, Athamanthaswami Devasthanam v. K. Gopalaswami, AIR 1965 SC 338 (340): (1964) 3 SCR 736. [T.N. Estates Land Act, 1908, (1 of 1908), s. 3(16)]...
Common land
Common land, means land subject to rights of common (which includes cattlegates or beastgates and rights of sole or several vesture or herbage or of sole of several pasture, but not rights held for a term of years or from year to year). Whether those rights are exercisable at all time or only during limited periods, and waste land of a manor not subject to rights of common, but does not include a town or village green or any land forming part of a Highway, Commons Registration Act, 1965, s. 22(1); Animals Act, 1971, s. 11 (UK) Halsbury's Laws of England, Vol. 2, para 474, p. 240....
Janmam rights
Janmam rights, Janman rights in the States of Madras and Kerala are rights of hereditary proprietorship in land. These rights, like the rights created by grant of jagir or inam relating to land which included agricultural lands or waste lands or forests and hills are brought within the definition of the word 'estate', and are liable to be acquired by the State under art. 31A(1)(a), State of Kerala v. Gwalior Rayon Silk Manufacturing (Wvg.) Co. Ltd., AIR 1973 SC 2734 (2742): (1973) 2 SCC 713: (1974) 1 SCR 671. Constitution of India Art. 31A(2)(a)(i)....
Squatter
Squatter, a squatter is one who settles or locates on land enclosed with no bona fide claim or color of title and without the consent of the owner, AIR 1968 Punj 470 (473). (Motor Vehicles Act, 1939, s. 76)If a squatter wrongfully encloses a bit of waste land, and builds a hut on it, and lives there, he acquires an estate in fee-simple by his own wrong iin the land which he has enclosed. He may, of course, be turned out by legal process until his title is confirmed by the Statute of Limitations; but as long as he remains he has an estate in fee-simple: Williams on Seisin, p. 7. It has even been held that he will be bound by the restrictive covenant of a former owner even after he has acquired a statutory title, Re Nisbet and Pott's Contract, (1906) 1 Ch 386.1. A person who settles on property without any legal claim or title 2. A person who settles on public land under a government regulation allowing the person to acquire title upon fulfilling specified conditions, Black's Law Diction...
Lal Lanier
Lal Lanier, means boundary of Abadi deh (Abadi deh means such land which is inhabited by villagers including plots of land in which cattles are penned, manure is stored and straw is staved and other waste attached to the village site which is not assessed to land revenue), Ishwar Singh v. State of Haryana, AIR 1996 P&H 30....
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