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State of Mizoram - Section

Section 22 in Mizoram (Land Revenue) Act, 2013

22. Accrual of rights of land-holders.

(1)Every person who, at the commencement of this Act, holds any land from the Government for agricultural purposes or non-agricultural purposes as a Land Settlement Certificate holder including his successor or successors-in-interest shall be deemed to be the owner thereof on and from such commencement.Provided that in the case of more than one claim for ownership over one and the same plot or parcel of land, and all the related Land Settlement Certificates having been found valid and duly acted upon, subject to the decree of a competent Civil Court, if any, the first Certificate holder, if in actual and constructive possession of the land, in accordance with the satisfactory fulfillment of the conditions specified in his Land Settlement Certificate, shall become the owner.
(2)Every person who, at the commencement of this Act, holds land from the Government for purpose of agriculture as Periodic Patta holder and for non-agriculture as Pass Holder or Lease Holder, shall, subject to the proviso to sub-section (1) and provisions of sub-section (1), be entitled to the settlement of that land on fulfillment of such terms and conditions as may be prescribed.
(3)No rights shall accrue under sub-section (1) in respect of any land which
(i)forms a part of the bed of a river, a nullah, a water-fall, a stream or a public tank; or
(ii)has been acquired by the Government for any public purposes according to the provisions of any law in force for the time being relating to acquisition of land; or
(iii)has been in common use at any time during a period of five years immediately preceding the commencement of this Act for any public, community or village purpose; or
(iv)has been declared by the Government under any law in force as reserved or required for any public, community or village purpose, or as heritage site or area, or has been declared as unsafe or disaster-prone area.
(4)Objections to the accrual of any rights under sub-section (1) may be filed by any aggrieved person who has interest in the land either in his individual capacity or as a member of the village or community, before such revenue authority within such time and in such form and manner as may be prescribed.
(5)If any objection is filed under sub-section (4), the prescribed Revenue authority shall inquire into the objection in such manner as may be prescribed, and decide the same.
(6)Subject to the provisions of this Act, the decision of the prescribed Revenue Authority shall be final.
(7)Nothing in this section shall entitle any person to the sub-soil rights in respect of the land, of which he has become the owner under sub-section (1) or which has been settled with him under sub-section (2).