#THE DELHI AND AJMER-MERWARA LAND DEVELOPMENT ACT, 1948 
_________ 

##ARRANGEMENT OF SECTIONS 
__________ 

###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 

###CHAPTER II 

*Land Development Boards and Land Development Schemes*

3. Constitution of Land Development Boards. 
4. Matters for which land development schemes may provide. 
5. Inquiry into, and sanctioning of, schemes. 
6. Publication of schemes. 
7. Power to make regulations. 
8. Power to make grant of advance loan. 
9. Penalty. 
10. Works to be carried out by Government at owner’s expense. 
11. Contribution by owners of other land benefiting by work. 
12. Recovery of contributions. 
13. Power to carry out works and recover expenses from owners. 
14. Statement and map showing details of work. 
15. Repairs and renewals of work. 
16. Enhancement of rent on account of improvement effected by work. 
17. Rights of entry, etc. 
18. Appeals. 
19. Power of control. 

###CHAPTER III 

*Reclamation of Waste-land*

20. Definitions. 
21. Order for taking possession of waste-land. 
22. Arrangement for reclamation. 
23. Claim for arrears of rent not to be enforced against Government, etc. 
24. Termination of possession on completion of reclamation. 
25. Compensation for period of possession. 
26. Accounts. 
27. Recovery of net expenditure incurred by Government. 
28. Appeals. 
29. Continuance of liability for land revenue rates and cesses. 

###CHAPTER IV 

*Control over Forests and Lands not being the Property of Government*

30. Amendment of Act XVI of 1927 in Delhi. 
31. Application of Chapter V, Act XVI of 1927 to Ajmer. 

###CHAPTER V 

*Supplementary*

32. Power to make rules. 
33. Protection of action taken under the Act. 



#THE DELHI AND AJMER-MERWARA LAND DEVELOPMENT ACT, 1948 

##ACT NO. 66 OF 1948 

[24th September, 1948.] 

An  Act  to  provide  for  the  preparation  and  execution  of  land  development  schemes,  the 
  reclamation of waste-land and the control of private forests and grass-land, in the Provinces 
  of Delhi and Ajmer-Merwara. 

  WHEREAS it is expedient to provide for the preparation and execution of land development schemes, 
the reclamation of waste-land and the control of private forests and grass-land in the Provinces of Delhi 
and Ajmer-Merwara; 

  It is hereby enacted as follows:— 

###CHAPTER I 

###PRELIMINARY 

1. **Short title, extent and commencement.**—(1)  This  Act  may  be  called  the  Delhi  and 
Ajmer-Merwara Land Development Act, 1948. 

(2) It extends to the States of Delhi and Ajmer. 

(3) It shall come into force in each of the said States on such date as the Chief Commissioner of 
that State may, by notification in the Official Gazette, appoint in this behalf. 

2. **Definitions.**—In this Act, unless there is anything repugnant in the subject or context,— 

  (a) “Board” means the Land Development Board constituted for the State under section 3; 

  (b) “owner”, in relation to any land, means— 

     (i) a person having a proprietary right in the land and includes a usufructuary mortgagee of 
such right and, in the State of Ajmer, an *istimrardar, a jagirdar a muafidar,* and a *bhumia*; 
and 

     (ii) a tenant of the land as hereinafter defined; 

  (c) “prescribed” means prescribed by rules made under this Act; 

  (d) “reclamation” includes cultivation, afforestation and any other improvement of land; and 

  (e) “tenant” includes a usufructuary mortgagee of the rights of a tenant. 

###CHAPTER II 

*Land Development Boards and Land Development Schemes*

3. **Constitution of Land Development Boards.**—(1) As soon as may be after the commencement of 
this Act, the Chief Commissioner shall, by notification in the  Official Gazette, appoint an officer to be 
called  the  Land  Development  Commissioner  and  constitute for  the State a Land Development  Board 
consisting of the following members, namely:— 

  (a) the Land Development Commissioner, who shall be the Chairman of the Board, 

  (b) two  official  members  who  shall  be  persons  of  experience  in  agriculture  or  irrigation 
engineering, and 

  (c) two non-official members. 

(2) A non-official member may, at any time by notice in writing to the Chairman, resign his office. 

(3) The Chief Commissioner may, at any time, remove from the Board any member who is guilty of 
any action involving moral turpitude. 

(4) No  act  done  by  the  Board  shall  be  questioned  on  the  ground  merely  of  the  existence  of  any 
vacancy in, or any defect in the constitution of, the Board. 

(5) If there is a difference of opinion among the  members of the Board regarding any question the 
decision of the majority of the members present and voting shall prevail, and in case of equality of votes 
the Chairman shall have a casting vote. 

(6) The Board may appoint one of the official members to be the Secretary of the Board. 

(7) The Chief Commissioner may invest the Land Development Commissioner with all or any of the 
powers of a Deputy Commissioner or a Collector under any law for the time being in force in the State 
of Delhi or Ajmer, as the case may be. 

4. **Matters for which land development schemes may provide.**—(1) The Board shall prepare a land 
development scheme for the State providing for one or more of the following matters, namely:— 

  (i) preservation and improvement of soil; 

  (ii) prevention of soil erosion; 

  (iii) improvement  of  water  supply  by  the  utilization  of  water  in  rivers  or  rivulets,  tube-wells, 
boring or construction of wells, conservation of rain water by constructing dams, or by use of power; 

  (iv) improvement in the methods of cultivation; 

  (v) introduction of dry farming methods; 

  (vi) supply of seed, improved implements of agriculture, manure and fertilizers; 

  (vii) development of horticulture and planting of fruit trees; 

  (viii) reclamation  of  land  lying  waste  through  water-logging,  accumulation  of  sand,  growth  of 
jungle, soil erosion or any other cause. 

  (ix) cultivation of land lying uncultivated owing to the negligence or incapacity or absence of the 
owner; 

  (x) regulation or prohibition of grazing and browsing; 

  (xi) control and maintenance of tree-growth. 

  (xii) regulation or prohibition of firing of vegetation; 

  (xiii) planting or sowing of trees, shrubs and grasses for the purpose of afforesting uncultivable 
land or providing shelter-beds against wind or sand or for any other purpose; 

  (xiv) protection from locusts and other pests; and 

  (xv) any other matter which may be prescribed. 

(2) Every scheme prepared under sub-section (1) shall contain the following particulars, namely:— 

  (i) the objects of the scheme; 

  (ii) details of the area to be covered by the scheme; 

  (iii) the work or kind of work to be carried  out under the scheme; 

  (iv) the agency or agencies through which the work shall be carried out; 

  (v) the approximate estimated cost of the scheme and the method of financing it; 

  (vi) the duties and obligations, financial or other, of the Government as well as of the owners of 
the area concerned; and 

  (vii) any other particulars which may be prescribed. 

5. **Inquiry into, and sanctioning of, schemes.**—(1) The Chief Commissioner shall, after the Board 
has prepared the scheme under section 4— 

  (a) appoint an Inquiry Officer, and 

  (b) cause the scheme to be published in the manner prescribed inviting suggestions from persons 
affected by it within such time and in such manner as may be prescribed. 

(2) The Chief Commissioner shall, after considering the record of the inquiry and the report of the 
Inquiry  Officer  and  after  consulting  the  Board,  submit  the  scheme  with  his  report  to  the  Central 
Government which may either sanction the scheme with or without modification or reject it. 

6. **Publication of schemes.**—Every  scheme  sanctioned  under  section  5  shall  be  published  by  the 
Land  Development  Commissioner  in  the  prescribed  manner  and  shall  come  into  force  on  such  date  as 
may be specified by him. 

7. **Power to make regulations.**—The  Board  may,  by  notification  in  the  Official  Gazette,  make 
regulations  for  the  purpose  of  carrying  out  the  objects  of  the  scheme  or  in  respect  of  any  matter 
supplementary or incidental thereto, and any regulations so made shall also be published by the Board in 
the manner prescribed. 

8. **Power to make grant or advance loan.**—(1) The Land Development Commissioner may, with 
the approval of the Board, make a grant or advance a loan to any person for carrying out any work under 
any scheme on such terms and conditions as may be prescribed. 

(2) The amount of loan, or any instalment thereof or interest thereon which may be due but not repaid 
in accordance  with  the  terms  and  conditions  of  the  loan  may,  without  prejudice  to  any  other  remedy 
provided by law, be recovered as arrears of land revenue. 

9. **Penalty.**—(1) In making any scheme or any regulation under section 7, the Board may provide that 
the contravention of such provisions of the scheme or of such regulations as may be specified by it, shall 
be punishable with simple imprisonment for a term which may extend to one month, or with fine which 
may extend to fifty rupees, or with both. 

(2) No  person  shall  be  prosecuted  for  any  contravention  specified  in  sub-section  (1)  except  on 
complaint in writing by the Land Development Commissioner. 

10. **Works to be carried out by Government at owner’s expense.**—(1) Where under the scheme 
any work is to be carried out on any land at the expense of the owner or owners thereof, and such owner, 
or any of such owners, is willing to carry out the work, he may give notice to that effect in writing to the 
Land Development Commissioner within twenty-one days of the coming into force of the scheme. 

(2) On receipt of such notice the Land Development Commissioner shall furnish the owner with full 
details of the work, and fix the date before which the owner shall carry out the work. 

(3) If the owner fails to carry out the work to the satisfaction of the Land Development Commissioner 
before the date fixed by him, or if the owner at any time informs the Land Development Commissioner in 
writing of his inability to do so, the Land Development Commissioner may get the work carried out by 
such agency as he thinks fit and the expenses incurred by him in carrying out the work shall be recovered 
from the owner as arrears of land revenue. 

(4) Where any work is carried out in pursuance of this section by one or more of several owners, the 
other owners shall be liable to contribute towards the expenses incurred by him or them such amount as 
the Board may determine. 

11. **Contribution by owners of other land benefiting by work.**—Where  under  the  scheme  any 
work is carried out by the owner or by the Land Development Commissioner at the expense of the owner, 
and  the  work  is in the  opinion  of the  Board  likely  to  benefit  any  other  land in the area  covered  by  the 
scheme, the owners of such other land shall be liable to contribute towards the expenses of carrying out 
the work such amount as the Board may determine: 

  Provided that the Chief Commissioner may remit the whole or any part of the contribution so payable 
in respect of any work carried out on land belonging to the Government. 

12. **Recovery of contributions.**—The  amount  of  contribution  determined  by  the  Board  under  sub-
section (4) of section 10 or section 11 shall be paid by the persons concerned within such time as may be 
specified by the Board, and in default of such payment shall be recovered from those persons as arrears of 
land revenue and paid to the persons entitled to the contribution. 

13. **Power to carry out works and recover expenses from owners.**—Notwithstanding  anything 
contained in the scheme, the Board may direct that the work to be carried out or remaining to be carried 
out or any land by the owners thereof shall be carried out by the Land Development Commissioner, and 
that the whole or any specified part of the expenses of carrying out the work shall be recovered as arrears 
of land revenue from the owners of the land in such proportion, at such times, and in such instalments, as 
the Board may fix, having regard to the amount to be recovered and the nature and extent of the rights of 
the owners in the land. 

14. **Statement and map showing details of work.**—(1) On the completion of any work under the 
scheme, the Land Development Commissioner shall prepare— 

  (a) a statement in such form, and containing such particulars, as may be prescribed, and 

  (b) a map showing the location and other material details of the work. 

(2) Every statement and map so prepared shall, on approval by the Board, form part of the settlement 
record, or, as the case may be, the record-of-rights of the estates specified in the statement, and the said 
record shall wherever necessary be corrected in accordance with the statement. 

15. **Repairs and renewals of work.**—If any person shown in a statement prepared under section 14 
as liable to maintain and keep in repair the work fails to effect such repairs or renewals or to do so within 
such  time,  as  the  Land  Development  Commissioner  may  by  order  specify,  the  Land  Development 
Commissioner  may  get  the  repairs  or renewals  done  by  such  agency  as  he  thinks  fit,  and  the  expenses 
incurred by him in so doing shall be recovered from the said person as arrears of land revenue. 

16. **Enhancement of rent on account of improvement effected by work.**—Where  any  land  in 
which a tenant has a right of occupancy has benefited by work carried out under the scheme by or at the 
expense of the owner of the land, and the tenant has not made any contribution to the expenses thereof, 
the Revenue Officer having jurisdiction shall, on application made by the owner in this behalf, enhance, 
in accordance with such principles as may be prescribed, the rent payable by he tenant in respect of the 
land, anything contained in any law to the contrary notwithstanding. 

17. **Rights of entry, etc.**—(1)  Any  member,  officer,  subordinate  or  workman  of  the  Board  or  any 
other  person  authorised  by  the  Land  Development  Commissioner  in  this  behalf  may,  after  giving  such 
notice as may be prescribed to the owner in possession of any land, enter upon and survey the land, or do 
any acts, or carry out any work in or on the land for the purpose of preparing, inquiring into or executing 
any land development scheme the provisions of this Chapter. 

(2) Every  such  member,  officer  subordinate,  workman  or  person  shall  be  deemed  to  be  a  public 
servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

18. **Appeals.**—Any person aggrieved by— 

  (a) a determination of the Board under sub-section (4) of section 10 or section 11; or 

  (b) the  making  of  an  entry,  or  the  failure  to  make  an  entry,  in  a  statement  prepared  under 
section 14; or 

  (c) the order of the Land Development Commissioner under section 15; or 

  (d) the order of a Revenue Officer under section 16, 

may,  within  the  prescribed  time  and  in  the  prescribed  manner,  appeal  to  the  prescribed  authority,  and, 
notwithstanding anything contained in any law to the contrary, the decision of such authority, and, where 
no appeal is preferred, the determination, order or statement aforesaid shall be final and shall not be called 
in question in any court. 

19. **Power of control.**—The Central Government may from time to time call for any report or give 
any direction to the Board, and the Board shall submit such report and carry out such direction. 

###CHAPTER III 

*Reclamation of Waste-land*

20. **Definition.**—In this Chapter— 

  (a) “date of taking possession” means the date on which temporary possession of the land is taken 
on behalf of the Government under section 21; 

  (b) “waste-land”  means  any  land  lying  waste  through  water-logging,  accumulation  of  sand, 
growth  of  jungle,  soil  erosion  or  any  other  cause,  or  lying  uncultivated,  for  not  less  than  three 
consecutive years. 

21. **Order for taking possession of waste-land.-**—(1)  If  the  board  is  satisfied  that  for  purposes  of 
executing  any  scheme  of  reclamation  of  waste-land  sanctioned  under  section  5,  it  is  necessary  that 
temporary  possession  of  any  waste-land  should  be  taken,  it  may,  by  order  in  writing,  direct  the  Land 
Development Commissioner to take temporary possession of such land on behalf of the Government on 
such date as may be specified in that order. 

(2) The order shall be made in such form and brought to the notice of the owner of the land in such 
manner, as may be prescribed. 

(3) On the date specified in the order, the Land Development Commissioner or an officer authorised 
by him shall enter upon and take possession of the land on behalf of the Government. 

22. **Arrangement for reclamation.**—When  the  land  has  been  taken  possession  of  the  Land 
Development Commissioner may, with the approval of the Board, arrange for its reclamation— 

  (a) by retaining it under his management for such period as he thinks fit, or 

  (b) by settling it for such period and on such terms as may be fixed by the Board with the person 
who  on  the  date  of taking  possession  was in  lawful  possession  of the land,  or  was  entitled  to such 
possession, or, if such person is dead, with his successor in interest, or 

  (c) if such person refuses to take the land for such period or on such terms, by settling it with any 
other person, or 

  (d) by a combination of the methods aforesaid: 

  Provided that the total period for which the land is retained or settled under this section shall not 
exceed ten years. 

23. **Claim for arrears of rent not to be enforced against Government, etc.**—No  claim  of  the 
landlord  to  any  arrears  of  rent  accrued  or  due  in  respect  of  the  land  for  the  period  prior  to  the  date  of 
taking possession shall thereafter be enforced by any court, whether in execution of a decree or otherwise, 
against the Government or against any person holding the land under the Government, or by the issue of 
any process against the land. 

24. **Termination of possession on completion of reclamation.**—(1) When  the  reclamation  of  the 
land  is  in  the  opinion  of  the  Land  Development  Commissioner  complete  and,  in  any  case,  before  the 
expiry  of  a  period  of  ten  years  from  the  making  an  inquiry  in  the  prescribed  manner  and  by  order  in 
writing,— 

  (a) declare that possession of the land shall be restored on such date as may be specified in the 
order to the owner who on the date of taking possession was in lawful possession of the land, or was 
entitled to such possession, or if he is dead, to his successor in interest; 

  (b) determine the person to whom possession is to be so restored; 

  (c) where such person is a tenant, determine the rent payable on account of the use or occupation 
of the land; and 

  (d) where the  land  or any part  thereof  has  been  afforested, regulate the  cutting of trees  in  such 
land. 

(2) On  the  date  specified  in  the  said  order,  possession  of  the  land  shall  be  deemed  to  have  been 
delivered by the Government to the person determined under clause (b) of sub-section (1). 

(3) The delivery of possession of the land to the person determined under clause (b) of sub-section (1) 
shall be final and full discharge of the Government from all liability in respect of such delivery, but shall 
not prejudice any right in respect of the land to which any other person may be entitled, by due process of 
law, to enforce against the person to whom the possession of the land has been so delivered. 

25. **Compensation for period of possession.**—(1)  As  soon  as  may  be  after  the  date  of  taking 
possession  of  the  land,  the  Land  Development  Commissioner  shall  make  an  inquiry  in  the  prescribed 
manner and determine— 

  (a) in respect of any land which on the said date was in the occupation of a tenant— 

     (i) the annual rent payable by him, and 

     (ii) the  average  net  annual  income,  if  any,  after  deducting  rent  derived  by  him  during  the 
three years immediately preceding the said date, and 

  (b) in respect of any other land, the average net annual income, if any, without deducting any land 
revenue payable, derived by the owner during the three years immediately preceding the said date. 

(2) There  shall  be  payable  by  the  Government  as  compensation  on  each  anniversary  of  the  date  of 
taking possession until the date referred to in sub-section (2) of section 24— 

  (a) in respect of such land as is referred to in clause (a) of sub-section (1), the amount determined 
under sub-clause (i) thereof to the landlord, and the amount determined under sub-clause (ii) thereof 
to the tenant, and 

  (b) in respect of any other land, the amount determined under clause (b) of sub-section (1) to the 
owner. 

(3) For the purposes of this section “landlord” means the person under whom the tenant holds land 
and to whom the tenant is, or but for a special contract would be, liable to pay rent for that land, and any 
reference to an owner, landlord or tenant shall be deemed to include a reference to the predecessors and 
successors in interest of the owner, landlord or tenant. 

26. **Accounts.**—The Board shall maintain, in such form and in accordance with such rules as may be 
prescribed, an  account  of all receipts and  payments by  the  Government  in respect  of  the land, and  any 
owner of, or other person saving an interest in, the land may, on payment of a fee of eight annas, inspect 
the account. 

27. **Recovery of net expenditure incurred by Government.**—(1) The net expenditure incurred by 
the Government on the reclamation of the land under the provisions of this Chapter or such part of that 
expenditure  as  the  Chief  Commissioner  may  by  general  or  special  order  direct,  together  with  interest 
calculated  at  the  prescribed  rate  and  in  the  prescribed  manner,  shall  be  recovered  as  arrears  of 
land  revenue  from  the  person  to  whom  possession  of  the  land  delivered  by  the  Government  under 
sub-section (2) of section 24. 

(2) The amount to be recovered under sub-section (1) from any person shall be decided by the Board. 

28. **Appeals.**—Any person aggrieved by an order under section 21, section 24, section 25 or 
sub-section (2) of section 27 of the Board or the Land Development Commissioner, as the case may be, 
may, within the prescribed time and in the prescribed manner, appeal to the Chief Commissioner, and the 
decision of the Chief Commissioner on such appeal, and where no appeal is preferred the order aforesaid, 
shall be final and shall not be called in question in any court. 

29. **Continuance of liability for land revenue rates and cesses.**—The  taking  and  retaining  of 
possession of any land on behalf of the Government under provisions of this Chapter shall not affect the 
liability of any person for the payment of land revenue, rate or cess in respect of the land for any period 
whether before or after the date of taking possession. 

###CHAPTER IV 

*Control over Forests and Lands not being the Property of Government*

30. **Amendment of Act XVI of 1927 in Delhi.**—The  following  amendments  shall  be  made  in  the 
Indian Forest Act, 1927, in its application to the State at Delhi, namely:— 

(1) in sub-section (1) of section 35 of the said Act,— 

  (a) for  the  words  “any  forest  or  waste-land”  the  words  “any  forest,  waste-land”  or  grass-land” 
shall be substituted; 

  (b) for clauses (b) and (c) the following clauses shall be substituted, namely:— 

     “(b) the cutting of trees and timber; 

     (c) the disposal of any forest produce; 

     (d) the firing or clearing of vegetation; 

     (e) the cutting storage and conservation of grass or leaf fodder; or 

     (f) the admission, herding or pasturing of Cattle”; and 

  (c) after clause (v) the following shall be added:— 

     “(vi) for any other purpose conducive to public welfare.”; 

(2) in sub-section (2) of section 37 of the said Act, for the words “not less than three” the words “not 
less than seven” shall be substituted; and 

(3) in  sub-section  (1)  of  section  38  of  the  said  Act,  for  the  word  “two  thirds”  the  word  “one-half” 
shall be substituted. 

31. **Application of Chapter V, Act XVI of 1927 to Ajmer.**—Without prejudice to the provisions 
of sub-section (3) of section 1 of the Indian Forest Act, 1927, the provisions of Chapter V of that Act 
shall apply to the State of Ajmer as they apply to the State of Delhi. 

###CHAPTER V 

*Supplementary*

32. **Power to make rules.**—(1) The Central Government may, by notification in the Official Gazette, 
make rules for carrying out the purposes of this Act. 

(2) In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 
provide for all or any of the following matters, namely:— 

  (a) the  conduct  of  business  by  the  Board  and  the  procedure  to  be  followed  at  meetings  of  the 
Board; 

  (b) the procedure to be followed by Inquiry Officers under section 5; 

  (c) the manner of publication under sections 5, 6 and 7; 

  (d) the principles on which the amounts of contribution are to be determined by the Board under 
sub-section (4) of section 10, or section 11; 

  (e) the form of the statement under section 14 and the particulars to be stated therein; 

  (f) the principles of enhancement of rent under section 16; 

  (g) the manner of giving notice under sub-section (1) of section 17; 

  (h) the  authority  to  whom  appeal  may  lie  and  the  time  and  manner  of  such  appeal  under 
section 18; 

  (i) the form of notice under section 21 and the manner of its service; 

  (j) the manner of inquiry under section 24 and sub-section (1) of section 25; 

  (k) the form and method of maintaining accounts under section 26; 

  (l) the rate of interest and the method of its calculation under sub-section (1) of section 27; 

  (m) the time and manner of appeal under section 28; and 

  (n) any matter which may be prescribed. 

33. **Protection of action taken under the Act.**—(1) No suit, prosecution or other proceeding shall lie 
against any person for anything which is in good faith done or intended to be done in pursuance of this 
Act. 

(2) Save as otherwise expressly provided by or under this Act, no suit or other legal proceeding shall 
lie against the Government for any damage caused or likely to be caused by anything in good faith done 
or intended to be done in pursuance of this Act.