Complications in Land Records and issues faced by Entrepreneurs while purchasing and managing Land in Himachal Pradesh: A Comprehensive Legal and Economic Analysis
DOI:
https://doi.org/10.53573/rhimrj.2025.v12n6.010Keywords:
Land Records, Entrepreneurs, Economic Analysis, Land Reforms Act, 1972Abstract
This research paper conducts a comprehensive legal and economic analysis of the complexities in Himachal Pradesh’s land records system and their adverse impact on entrepreneurial confidence in land acquisition under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972. The study identifies key procedural bottlenecks, ambiguous judicial interpretations, bureaucratic inefficiencies, and policy inconsistencies that deter industrial investment and economic development in the state. Through case studies, empirical data, and an examination of judicial precedents, the paper highlights how regulatory constraints—designed to protect agricultural land—often create unintended barriers for legitimate investors. The analysis also explores the socio-economic implications of these restrictions, including stalled projects, litigation risks, and reduced private sector participation in the state’s industrialization. The study concludes with policy recommendations to streamline land acquisition processes, enhance transparency in land records, and strike a balance between investment facilitation and agrarian protections. Proposed reforms include digital land record modernization, single-window clearances, and amendments to Section 118 to accommodate industrial growth while safeguarding local interests.
References
Himachal Pradesh Tenancy and Land Reforms Act, 1972
Government of Himachal Pradesh, Revenue Department.
Judicial Precedents on Section 118
M/S Sozin Flora Pharma LLP vs. State of H.P. & Another
Reckitt Benckiser (India) Pvt. Ltd. vs. State of HP & Another (CWP No. 1293 of 2019, decided on 29.02.2020)
M/s Janta Land Promoters Pvt. Ltd. vs. State of HP & Others (CWP No. 4364 of 2019, decided on 02.09.2020)
Gurdas Ram vs. State of HP & Others (CWP No. 2518 of 2012, decided on 30.09.2020)
Tikender Singh Panwar vs. State of HP & Others (CWP No. 8945 of 2011, decided on 14.05.2024)
State of HP vs. D.C. Shankhla & Others (CWP No. 1423 of 2007, decided on 28.09.2016)
Reports on Land Reforms and Investment in Himachal Pradesh
Economic Survey of Himachal Pradesh, 2023-24
Digital India Land Records Modernization Programme (DILRMP)
Ministry of Rural Development, Government of India.
Special Economic Zones (SEZ) Policy in Himachal Pradesh
Department of Industries, Government of Himachal Pradesh.
National Land Use Policy Framework, NITI Aayog (2023)
Legal Interpretations and Case Law on Land Reforms in India
Supreme Court of India & High Court judgments on land tenure and tenancy reforms.