18/12/1987
Department of Rehabilitation
To
All the Deputy Commissioners in the State.
No. PIV/2(505)Part VII/19789-801, dated Chandigarh, the 18th Dec, 1987
Sub:
Disposal of surplus rural evacuee houses/sites and urban evacuee land –Urban
evacuee land to be sold after carving out plots of 300 m size
Memorandum:
The State Government has revised the
policy with regard to the disposal of surplus rural evacuee houses/sites and
urban evacuee land. One of the decisions pertains to the revision of prices
indicated in sub-rule (3) of Rule 5 of the Punjab Package Deal Properties
(Disposal) Rules, 1976 and also the prices entered in the Registers Sikni. As
per decision taken, the prices entered in the Register Sikni and also in the
Rules ibid, have been enhanced by five times. It has also been decided that a
taur of 10 Marlas upto the value of Rs. 1,000/- and a house upto the value of
Rs. 1,000/-, which is transferred at a concessional price to the members of the
Scheduled Castes and Backward Classes @ Rs. 10/- and Rs. 30/- respectively,
under the extant policy will now be transferred to such persons at two times of
the price as entered in the Register Sikni and where the registers are not
available, the price should be assessed at two times the rate indicated in
sub-rule (3) of Rule 5 of the Rules ibid. Necessary amendment in the Rules, is
being carried out and will be intimated in due course. Till Rules are amended
disposal of evacuee houses/taurs should not be started.
2. Besides,
it has also been decided that henceforth, the urban evacuee land other than
what is required for public purposes is to be disposed of only by public
auction after carving out residential plots of size not exceeding 300 sq. mtrs.
subject to marginal adjustment, if any, and in case of commercial sites, after
carving out a plot of more than 300 sq. mtrs., with the prior approval of the
Financial Commissioners (Revenue) no transfers of urban evacuee land are to be
made on the basis of possession except in the case of lessees/sub-lessees of
urban agricultural lands who have been in cultivating possession on or prior to
Ist January, 1956, if any. However, it is not likely that any such old case
would still be pending. While conducting auctions, requirements of procedure
should be carefully complied with so that subsequent litigation is minimized.
The reserve price of all sub-urban and urban evacuee land will be fixed by
Financial Commissioner (Revenue) hereafter on the recommendations of the Collectors/Commissioners. Necessary
amendment in the Punjab Package Deal Properties (Disposal) Rules, 1976 in order
to make provision to this effect, is being carried out and will be intimated to
you in due course. The work regarding disposal of urban evacuee land, be taken
in hand immediately on receipt of further instructions alongwith a copy of the
amended Rules.
3. It
is, however, made clear that no change in the existing policy for the disposal
of urban evacuee properties i.e. houses, built-up plots etc. has been made and
therefore, the disposal of such properties should continue to be made on a top
priority basis.
Deputy Secretary (Reh)
For Financial Commissioner Revenue
&
Secretary to Govt. Punjab,
Rehabilitation Department.
18/12/1987
Department of
Rehabilitation
From
The Financial Commissioner ( Revenue) and
Secretary to Government, Punjab Rehabilitation,
Chandigarh
To
All the Deputy Commissioners in the
State
No.PIV/2(505) Part/1952-63, dated
Chandigarh, the 18th December, 1987.
Sub: Disposal of surplus rural evacuee
agricultural land on the basis of possession since Rabi 1984.
Memorandum
1. The
State Government has revised the policy with regard to disposal of surplus
rural evacuee agricultural land. One of the decisions pertains to the transfer
of land to sitting occupants unto the limit of 3 ordinary acres, if it is
situated within 2 to 5 miles and unto 10 ordinary acres, when situated beyond 5
miles of the Municipal limits provided that the over-all holding of an occupant
does not exceed 10 ordinary acres, inclusive of his own holding, if any.
Condition
of eligibility
2. The conditions applicable for the transfer of
land on the basis of possession has already been prescribed in the Punjab
Package Deal Properties (Disposal) Rules, 1976, which should be followed
meticulously. However, the main conditions are that the cultivating possession
of an occupant is established to be continuous and undisputed from the entries
in the Khasra Girdawaris from Rabi, 1984, he is the head of his family and is
self-tiller. A widow who is occupant and is getting the land cultivated by her
son(s) or by employing servant(s), or otherwise shall be considered as
self-tiller. An occupant who is minor provided he is not a legal heir of an
occupant who has died after making an application by the prescribed date or
such woman whose husband is alive but is not disabled or incapacitated, an
allottee (Displaced Person) or his vendee, the allotment whereof has been
cancelled and who has already purchased surplus rural evacuee agricultural land
on the basis of possession or in restricted auction and has disposed of the
same or has ceased to be entitled to hold the land by reasons of default in the
terms and conditions of the transfer of sale shall not be entitled to the
transfer of the land in their possession.
Correction
of khasra girdawari entries
3. Cultivating possession of an occupant shall be
determined strictly on the basis of the entries appearing in the Khasra
Girdawari. Doubtful and tampered with Khasra Girdawaris shall be ignored.
Similarly, corrections of the Khasra Girdawaris secured on the basis of
application filed after 23rd November, 1987, shall not be taken into
consideration.
Reserve
Price
4. The price of land shall be charged at the following
rates except where a variation in the price has been approved by the Financial
Commissioner (Revenue):
(a) For
Non-Scheduled Caste Occupants.
(i) For Chahi/Nehri land and the land Rs.
20,000/-per ordinary
irrigated by private or
Government acre.
tube-well.
(ii) For Barani land Rs. 10.000/-per
ordinary acre.
(b) For
Scheduled Caste Occupants :
|
(i) For Chahi/Nehri land and the land irrigated by private or Govt tubewells |
1/3rd of the rate as applicable to the Non Scheduled Castes occupants i.e. Rs. 6,667/- per ordinary acre. |
|
(ii) For Barani Land |
1/3rd of the rate as applicable to the non Scheduled Castes occupants i.e. Rs. 3333.35 per ordinary acre. |
Assessment
& recovery of price of trees
5. The
price of the standing trees in the land to be transferred should be assessed by
the Tehsildar (Mahal)-cum-(Sales) in consultation with the village Panchayat
and amount so assessed recovered at the time of transfer alongwith the first
installment.
Assessment
& recovery of rent
6. Rent
and damage charges in respect of the evacuee land which remained in an
unauthorized occupation of the applicant should be assessed for the entire
period, if not assessed earlier, unto the date of transfer of land and
recovered from him in lump-sum at the time of transfer of land alongwith first
instalment. The Sub Divisional Officer (Civil)cum-Sales commissioner can,
however, allow an applicant to make payment of the arrears of rent outstanding
against him in such number of instalments, as may be fixed by him, by a
specific order keeping in view the circumstances of each case as provided in
sub-rule 6(2) of Rule 3 of the Punjab Package Deal properties (Disposal) Rule. 1976. If
sale case orders are passed by the Sales commissioner for making recovery of
the arrears of rent in instalments , the Tehsildar (Mahal)-cum-Sales should
indicate, in his order the amount of arrears of rent to be recovered from the
applicant in instalments . In case, full recovery of rent has been made at the
time of transfer from the applicant, the Tehsildar (Mahal)-cum-Sales should
make it clear in his order that the total amount due from the applicant has
been recovered. A certificate in this regard should also be placed on the file.
Type of
land to which policy applies and limits for each type
7. This
policy decision shall apply to the transfer of land to an occupant, which is
situated beyond 2 miles from the Municipal limits and the kind of soil which
Chahi/Nehri Barani or Sailabi. Each sitting occupant would be entitled to the
transfer of land unto the limit of 3 ordinary acres, if it is situated beyond 2
to 5 miles and unto 10 ordinary acres when situated beyond 5 miles of the
Municipal limits provided that the over-all holding of an occupant does not
exceed 10 ordinary acres inclusive of his own holding, if any For, the purpose
of classification of the land i.e. irrigated or un-irrigated quality of land
for urban, sub-urban or rural location, the prescribed date will be the date of
disposal of the application by the Tehsildar (Sales).
Mode of
application
8. The form of application to be tendered by
eligible occupants has been prescribed and is being got printed, As soon as
these are printed, same will be supplied duly numbered for distribution, free
of cost. The proper account of these Forms should be kept by the Tehsildar
(Mahal)-cum- (Sales). Un-used forms should be returned to this office after the
expiry of the date prescribed for the receipt of applications. All the
applications received in a Tehsil shall be entered in a chronological order,
daily in a separate register, duly page marked and bearing certificate of the
Tehsildar (Mahal)-cum- (Sales) concerned recording the total number of pages of
the register. On receipt of an application, whether by post or by hand,
official receiving the applications will give, on top of the application, its
receipt number and the date on which it was received and the same shall be
initialed by the Tehsildar (Mahal)-cum- (Sales) concerned and a receipt printed
on the bottom of the application issued to the applicant. The Tehsildar
(Mahal)-cum- (Sales) shall record a certificate at the end, indicating the
total number of applications received within time. The application received
after the prescribed date shall also be entered in the same Register after the
Tehsildar (Mahal)-cum- (Sales) has recorded the above certificate.
Last date
for submission of application
9. The
last date for receipt of applications in the prescribed form from the eligible
occupants, has been fixed as May 23 1988. A press Note to this effect has been
issued and a copy of the same is enclosed at Annexure-l. The Tehsildar
(Mahal)-cum- (Sales) should be asked to ensure proper publicity of these decisions
in each village, through the Village Patwaries and Rapats with regard to same
entered in the Roznamcha Waqiati.
Steps to
be taken after receipt of application
10. The work regarding scrutiny and disposal of applications, as and when
received, should be taken in hand by the Tehsildar (Mahal)-cum- (Sales). The
documents to be supplied by the applicant i.e. copies of the Jamabandi and
Khasra Girdawaris in respect of the land sought to be transferred by him,
should be carefully verified with the original revenue record by the Kanungo
and Tehsildar (Mahal)-cum-(Sales) and they should record a certificate on them
that they have compared with the original record and entries appearing in the
copies are correct. Similarly, the Tehsildar (Mahal)-cum-(Sales) should also
satisfy himself that the applicant is self-tiller and head of the family and
living separately from his parents. In this regard, he may place document(s) on
the file, such as receipts regarding payment of Chullah Tax and Chowkidara by
the applicant and a Photostat copy of the Ration Card.
Since
the applicant's own holding is to be taken into account while transferring
evacuee land to him on the basis of its possession, the Tehsildar (Mahal)-cum-
(Sales) should verify personally the exact holding of the applicant and also
place on the file a certificate clearly indicating the holding of the
applicant, his wife and that of dependent children and also the particulars of
Nazool, evacuee or inferior evacuee land., if any. already purchased from the
Revenue and Rehabilitation Department, on instalment basis or otherwise even if
its price is not fully paid, before passing order for the transfer of evacuee
land. No order should be passed by the Tehsildar (Mahal)-cum-(Sales) without
giving a reasonable opportunity of being heard to the person concerned as
required under sub class (c) of Rule 16 of the Punjab Package Deal Properties
(Disposal) Rules, 1976. Proper account in respect of the evacuee land
transferred to occupants on the basis of the their possession should be
maintained and kept unto date by the Tehsildar (Mahal)-cum (Sales).
Each transfer file should be entered daily in the V-S Register and sent to the Sales Commissioner for
confirmation immediately after the expiry of 30 days from the date of transfer.
The Sub Divisional Officer (Civil)-cum-Sales Commissioner will then, after due
scrutiny of the case referred to him, either confirm or reject or modify the
recommendation the Tehsildar (Sales) in respect of the transfer of evacuee land
to an occupant and return the case to the Tehsildar (Mahal)-cum- (Sales) within
15 days. The Tehsildar (Mahal)-cum- (Sales) shall then work out the instalment
to be recovered in each case and prepare Khatouni in respect thereof as already
prescribed mentioning there in the total mount recoverable from the transferee
including the amount of rent. All this process should be completed within two
months from the date of transfer at any cost and the Tehsildar (Sales) and Sub
Divisional Officer (Civil)-cum-Sales Commissioner will be personally
responsible to ensure meticulous compliance of the time limit mentioned above.
Joint cultivation by more than one person to be
considered as one unit
11. Where evacuee land is cultivated jointly by more than one person,
maximum area to the extent of 10
Ordinary Acres shall be transferred to all the occupants in equal shares
provided they have applied in time in the prescribed form and fulfil all other
conditions. For example if four persons are cultivating 30 acres of land, they
would be eligible for the transfer of 10 Ordinary Acres of land only in equal
proportion of shares as mentioned in the record and the remaining land under
their possession would be retrieved and disposed of under the rules.
Mode of
payment
12. The price will be payable in 20 equal six-monthly instalments. The first
instalment shall be recovered at the time of transfer and on the balance
instalments, interest @ 10% shall be charged. In the event of default, penal
interest @ 15% per annum shall be chargeable. If the transferee wishes to pay
the price in fewer instalments or in lump-sum, he should be permitted to do so.
Action in
case of default in payment of price
13. In the event of three successive defaults, committed by any transferee,
the transfer of land made in his favour, should be cancelled and land resumed.
Steps to be taken in case of variation in price
14. It has also been decided that if at the local level the situation and
quality of a particular land justifies a variation from the prices fixed by the
Government, then the concerned Collectors will send up proposals through the
Commissioners to the Financial Commissioner (Revenue) with suitable
justification for increasing or decreasing the price, In this connection a
proforma has been prescribed, which is at Annexure-Il, The Tehsildar
(Mahal)-cum- (Sales) shall submit the proposals in this regard to the concerned
Sub Divisional Officer (Civil) within one month, From the date of issue of
these instructions who, then after making thorough verification will refer the
case to the Deputy Commissioner. The Deputy Commissioner shall refer the case
to the Commissioner with his recommendations giving detailed reasons for the
proposed increase or decrease in the reserve price within one month who will
then submit the case to the Financial Commissioner (Revenue) for orders within
one month from the receipt of recommendations from the office of Deputy
Commissioner, The proposal containing all the necessary details in this regard
should be sent in duplicate. in the prescribed form" accompanied by the
required documents, duly authenticated. In this regard, a separate register at
the Tehsil as well as at the district level should be maintained,
Allotment
letter
15. The Tehsildar (Mahal)-cum- (Sales) shall issue an allotment/transfer
letter to the applicant in the prescribed form at Annexure-III. after the
transfer of land made by him is confirmed by the Sub-Divisional-Officer
(Civil)-Sales Commissioner and the first instalment in respect of the land
proposed to be transferred, is deposited by the transferee, The conveyance Deed
shall be issued in favour of the transferee only after making the full recovery
from him on account of price of the land, rent and price of the trees etc,
Procedure for auction of surplus rural evacuee
land
16. The
new policy besides transferring the land to the sitting occupants as described
above, envisages the disposal of the remaining rural evacuee land, which would
be left after transferring the land to the eligible occupants, by allotment of
land to the displaced land claimants in satisfaction of their claims or
transfer of land by negotiation to, Government Departments, village Panchayats,
Registered Religious Institutions for public purposes etc., through auction.
25% of the over-all agricultural land available for auction will be disposed of
in restricted auction limited to the members of Scheduled Castes and Backward
Classes as notified by the Government. However, in case the available area for
auction is less than one acre in any village. the same shall be disposed of in
open auction only. These auctions would be subject to the revised reserve price
which has been fixed by the Government i.e. Rs. 20,000/- per acre for
Chahi/Nehri land and the land irrigated by Private and Government tube-wells
and Rs. 10,000/- for Barani land. At the local level, if the situation of a
particular land justifies a variation from the above fixed prices, then the
concerned Collectors will send up the proposals, through Commissioners, to the
Financial Commissioner (Revenue) with suitable justification for increasing or
decreasing the reserve price in the prescribed proforma at Annexure-II.
Necessary amendments in the Punjab Package Deal Properties (Disposal) Rules,
1976, are being made and you will be informed of the same in due course to
enable you to take in hand the work regarding disposal of evacuee land by
auction.
Entry in jamabandi – in regard to
restricted auction:
17. As and when any land is sold in restricted auction among the members of
Scheduled Castes and Backward Classes, necessary entries to that effect, should
be made in the Jamabandi in remarks column.
Monitoring
18 A register should be maintained at the Tehsil
level indicating therein the total number of applications received, disposed of
and the area transferred etc. and progress report duly consolidated in respect
of the entire district, sent in the prescribed form at Annexure- IV fortnightly
i. e. by Ist and 16th of each month without fail.
These instructions should be brought
to the notice of all concerned for meticulous compliance.
Deputy Secretary (Reh. )
for Financial Commissioner( Revenue
)
Secretary to Government, Punjab,
Rehabilitation Department, Chandigarh.
Endst. No. PIV/2(505) Part V1I/19964-66m dated
Chandigarh, the 18th December. 1987
A copy, alongwith its enclosures, is
forwarded to the Commissioners Patiala Jul1ndur and Ferozepur Division, for
their information and necessary action.
Deputy Secretary (Reh.)
for Financial Commissioner( Revenue
)
Secretary to Government, Punjab,
Rehabilitation Department,
Chandigarh.
ANNEXURE II
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
SN |
Name
of village with Hadbast No./ Tehsil / Distt. Where the land is situated. |
Name
of the occupant with parentage and his full address |
Particulars
of the land i.e. Kh.Nos. area and kind of soil, the reserve price in respect
of which is proposed to be increased or decreased supported with copies of
the latest jamabandies & Khasra Girdawaries. |
Location/ situation of the land. The
distance Exact dis- Between
the tance from Village
and the nearest Nearby pacca Municiap road(s). Committee _______ __________ |
Average
market price in respect of similar land prevailing in the village on the
basis of last one year transactions. |
Reasons
for making recommendations for the increase / decrease of the fixed price by
the Govt. supported by documentary evidence, if any. |
Remarks |
Signature
of Collector
Recommendation of the Commissioner
Signature
of Commissioner
ANNEXURE-III
From
The
Tehsildar (Mahal)-cum-Sales
----------------------------------------
To
Shri-----------------------------------
----------------------------------------
----------------------------------------
No. (File
No. )/ Dated:
Sub: Allotment
of rural evacuee land on the basis of possession.
Memorandum
Reference your application dated--------------regarding
transfer of evacuee land on the basis of possession.
2. You
are hereby informed that it has been decided to allot you rural evacuee land
measuring--------------comprised in Khasra No (s)------- -----situated in
Village------------------/H.B.
No"----------------Tehsil------------------District------------------ on
the basis of possession from Rabi, 1984, on the terms and conditions mentioned
hereunder: -
(i) The transfer of land shall be governed
b)- the provisions of Punjab Package Deal Properties (Disposal) Act, 1976 and
the rules made thereunder as amended from time to time.
(ii) The sum of Rs. ---------- paid by you at
the time of transfer, has been adjusted towards the Ist instalment.
(iii) The balance price of the land i.e. 90%
shall be payable by you in nine equated half yearly instalments together with
interest thereon @ 10% per annum as per details given on page 2.
(iv) In the event of default in payment of any
instalment after it becomes due, penal interest @ 15% per annum shall be
pa)'able alongwith the amount of instalment(s).
(v) The transfer / allotment shall stand
cancelled and land resumed in the event of default of three consecutive
instalments.
(vi) You will become owner of this land on
payment of entire consideration money together with interest due to the State
Government and Conveyance Deed will be issued in your favour thereafter.
(vii) Until the entire consideration money
together with interest/penal r interest, rent/damage charges for the use and
occupation of this land prior to its allotment and other amount, if any due to
the State Government in respect of the land under transfer is paid, the land
shall continue to belong to the State Government.
Tehsildar
(Mahal)-cum-Sales,
No. Dated
Copy to the Patwari (Mahal), Village
for information. He should keep account of such persons in a separate register.
Details of
installments.
Ist
installment will be Due
Date Amount Tehsildar (Mahal)-cum-sales
Months from
the
Date of
transfer.
Ist
2nd
3rd
4th
5th
6th
7th
8th
9th
ANNEXURE IV
Statement showing the progress
report in respect of the applications received for the transfer of Rural
Evacuee Land on the basis of possession from Rabi 1984 and disposal made during
the fortnight ending Ist/15th of the month---------in respect of
district---------
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
|
|||||||||||
|
SN |
Name of district |
Total
No. of applications received upto the end of last fortnight |
No.
of applications received during the fortnight under report |
Total applications received upto date |
No.
of appli-cations disposed of. |
Balance
for disposal at the end of fortnight under report |
Area transferred to |
|
|||||||||||
|
Schedule
Castes occu-pants |
Non
Scheduled Castes occupants |
|
|||||||||||||||||
|
From
Scheduled Castes occupants |
From
Non Scheduled Castes occupants |
|
|||||||||||||||||
|
Disposal upto the end of
the last fort night |
Disposal during the fort-
night under report |
No. of cases |
Area transferred |
No. of cases |
Area transferred |
|
|||||||||||||
|
|
|
|
|
|
|
Accepted |
Rejected |
Accepted |
Rejected |
|
|
|
|
|
|||||
Government of Punjab
Department of Revenue
(Land Revenue Branch)
To
All the Deputy
Commissioners in the Punjab State
Memo No. 3/1/84-LR-1/10920
Chandigarh dated 17/6/1988
Sub: Disposal of inferior
evacuee land – Policy regarding (Rabi 1984).
The State Government has revised the policy with regard to
disposal of inferior evacuee land situated beyond two miles of the municipal limits
as contained in memo No. 3/7/78-LR-1/14529 dated 10/7/1979 and paragraph 4 of
memo No. 14/26/81-LR-III/1716 dated 20/2/1984 as per details given below:
1. 45 days time to 1961 lessees: The lessees of inferior
evacuee land who had obtained lease of the land under the policy laid down in
memo No. 7881-JN(IV)-61/2699 dated 29/8/1961 during 1961 and who have hitherto
not purchased the same, be given another opportunity for purchasing the land in
accordance with terms and conditions laid down in the aforesaid policy within
45 days of fresh notices to be issued by the Collectors concerned.
2. Transfer to occupants since Rabi 1984: The
unauthorized occupants of inferior evacuee land which was not leased out to
them under the policy laid down in memo dated 29/8/1961 during 1961, may be
transferred the same subject to the limit of ten ordinary acres, including land
if any, already owned by the occupants provided their cultivating possession is
continuous from Rabi 1984. The occupant who is head of his family and is
self-tiller would be eligible for the transfer of land on the basis of his
possession.
Explanation:
(1) Head of the family means, a person living separately form his
parents, may be, in one and the same house and who is paying chulha tax,
chowkidara or any other cess. The legal heirs of an occupant, who died after
making an application by the prescribed date or such woman whose husband is
alive but is disabled or incapacitated, shall also be allowed to get the land
transferred on the basis of possession.
A widow, who is occupant & is getting the land cultivated by her
son(s) or by employing servant(s) or otherwise shall be eligible for transfer
of such land. Where inferior evacuee land is cultivated jointly by more than
one person, maximum are to the extent of 10 acres shall be transferred to all
occupants in equal proportion of shares provided they had applied in time and
fulfilled all other conditions. However, an occupant who has already purchased
inferior evacuee land on the basis of possession or in a restricted auction
& has disposed of the same or has ceased to be entitled to hold the land by
reasons of default in the terms and conditions of the transfer of sale, shall
not be entitled to the transfer of inferior evacuee land in their possession.
(2) The ceiling shall be reduced to 3 acres in the case of land
situated beyond 2 miles but within 5 miles of the existing municipal limits.
(3) The cultivating possession of an occupant shall be determined
strictly on the basis of the entries appearing in khasra Girdawari. Doubtful
and tampered with Khasra Girdawari shall be ignored. Similarly, corrections of
Khasri girdawari secured on the basis of application filed after 23/11/1987,
shall not be taken into consideration.
3. Reserve price and damages: The price of land may be
charged from non-scheduled castes occupants @ Rs. 20,000/- per acre for
irrigated (Chahi, Nehri or Irrigated by tubewells), Rs. 10,000/- per acre for
other types of land. 33 1/3 of the above rates shall be charged from the
occupants belonging to the Scheduled Castes. The total price of land to be
transferred to the occupants may be recovered in 20 equated six monthly
installments, 5% of the price being payable at the time of transfer. On the
balance amount of installments the rate of interest may be charged at 10 %. In
the event of default, penal interest @ 15 % (10 % + 5%) per annum shall be
chargeable. If the transferee, wishes to pay the price in fewer installments or
in lump sum he should be permitted to do so. In the event of three successive
defaults, committed by any transferee the transfer of land made in his favour
should be cancelled and land resumed. In addition, the unauthorized occupants
will be required to pay damages for use and occupation of the land from the
date of occupation till the date of transfer, at eight times the land revenue
in case of Scheduled Castes and Rai Sikhs occupants. For other occupants, the
rate of damages will be 8 times the land revenue upto July 1971 and thereafter
at 20 times the land revenue or Rs. 40/- per acre per harvest, whichever is
higher.
If at the local level the situation and quality of a
particular land justified a variation from prices fixed by the Government in
the case of unauthorized occupants, then the concerned Collector will send up
proposals through the Commissioners to the Financial Commissioner Revenue with
suitable justification for increasing or decreasing the price.
The price of standing trees in the land to be transferred
should be assessed by the Tehsildar in consultation with the village Panchayat
and amount so assessed recovered at the time of transfer along with the first
installment.
4. Urban/sub-urban land: Land situated in sub
urban/urban area will be disposed of through public auction. Sub urban area
will mean, in the case of Class A Municipal Corporation Land situated within a
distance of 3.2 kms from the municipal limit. For Class B Municipal Committee
it will mean land situated within a distance of 1.6 kms and for Class C
Municipal Committee/Notified Area Committee at a distance of 0.8 kms from the
Municipal/Notified Area Committee limits.
5. Restriction of alienation: In respect of land to be
transferred on the basis of possession, the allottee can not transfer the land
to any one else until he has secure the ‘P’ (Proprietary) Rights after paying
the entire price (Installments plus interest etc). In case of land disposed of
through ‘Restricted’ auctions (being not more than 25 % of land available in a
village after accommodating the claim of transferees on the basis of
possession), the auction purchaser will not be competent to dispose of the land
to any one else before expiry of a period of 10 years from the date of the
confirmation of auction in his favour.
6. Submission of applications: The unauthorized
occupants should be asked to submit their applications to the respective
Tehsildars within three (3) months of the announcement of the revised policy.
Any area under the unauthorized occupation which the occupants are not prepared
to get transferred in their favour under these terms and conditions should be
got vacated and disposed of through auction restricted to Scheduled Castes in
accordance with the existing policy instructions, subject to the above
mentioned minimum prices.
The unauthorized occupants shall make applications to the
concerned Tehsildars for the transfer of inferior evacuee land. On receipt of
an application, official receiving the application will give on top of the applications,
its receipt number & the date on which its was received & the same
shall be initiated by the Tehsildar concerned and a receipt printed on the
bottom of the application issued to the applicant. The Tehsildar shall record a
certificate at the end, indicating the total number of applications received
within time.
7. A register should be maintained at the Tehsil level
indicating therein the total number of applications received, disposed of and
the area transferred etc. & progress report duly consolidated in respect of
entire District, sent in the prescribed form at Annexure-I monthly by Ist of
each month.
8. All the inferior evacuee land available in the respective
districts shall be disposed of in accordance with the new policy within a
period of six months. After the expiry of six months, all the Deputy
Commissioners shall be required to submit a report indicating the details of
land, which remains un-transferred in their respective districts. Fresh policy
directions shall be issued for the disposal of this un-transferred land after
the receipt of reports from the districts in the State.
You are requested to give widest publicity about the decision
of Government at the conspicuous places in the villages or abadis where these
lands are situated, and take steps to expedite disposal of inferior evacuee
land in the State in accordance with the above policy decision. Monthly
progress reports should also be sent to Government regarding the progress
achieved in this behalf in the proforma attached to this communication.
Under
Secretary to Govt Punjab
Revenue
Department
Department of Rehabilitation
To
All the Deputy Commissioner in the
State.
No. 2(505)Part-III/9706-17 dated Chandigarh,
the 29 July, 1988.
Sub: Disposal
of surplus rural evacuee agricultural land- open auction of urban land.
Reference
this Department Memo No. PIV/2(505)Part-IIIJl1952-63 dated, December 18, 1987
on the subject cited above.
2. Maximum area: The remaining rural evacuee land
after disposing of the applications received by 30.6.1988 in the prescribed
form from the sitting occupants for the transfer of land under their continuous
cultivating possession since Rabi, 1984 and the land which is not required for
allotment to the displaced persons in satisfaction of their claim, war widows
and for sale by negotiation to the village Panchayats, Registered Religious
Institutions etc. for public purpose shall be sold in auctions, as already
mentions under para 16 of the instructions refused to above. 75% of the land
available in a village after meeting with the demand of the above mentioned
categories, will be sold in open auction and the remaining 25% in restricted
auction amongst the members of Scheduled Castes and Backward Classes subject to
other conditions already prescribed in the Punjab Package Deal Properties
(Disposal) Act, 1976 and the rules framed thereunder. The maximum area that my
be sold to any person, including the area, if any, already owned by him shall
not exceed 5 standard acres or 10 ordinary acres, whichever may be less as
provided under Section 4 of the Act ibid. For the purpose of auction, the
reserve price earlier fixed by the Govt. in the year 1981 has also been
enhanced and fixed at Rs. 20,000/- per acre in respect of the Chahi/Nehri land
and the land irrigated by Tube-Wells and Rs. 10,000/-per acre in respect of
un-irrigated land. All the auctions shall be subjected to the above reserve
price Necessary amendment in the Punjab Package Deal Properties (Disposal)
Rules, 1976 has been carried out vide Notification dated the 22nd June 1988
published in the Punjab, Govt, Gazette on July, 1988, a copy of which is being
sent separately for record. The work with regard to the disposal of rural
evacuee land by open and restricted auction, should be taken in hand
immediately after the disposal of the applications received from the sitting
occupants for the transfer of rural evacuee land. Where, however, land less
than one acre only is available for disposal in a village that shall be sold in
open auction.
3. Sub
urban lands : Lands, which are sub-urban or potential residential or
commercial sites or under garden colonies shall be sold in open auction as
provided under clause (ii) of sub rule-(2) or Rule 6 of the Punjab Package Deal
Propertied (Disposal) Rules, 1976. The remaining sub-clauses of sub-rule (2)
i.e. sub-clauses (i), (iii) & (iv) have been deleted. The definition for
lands which are sub-urban for the purpose of sub-clause (ii) of sub-rule (2)
Rule 6 of 7 the Punjab Package Deal Properties (Disposal) Rules, 1976 has
already been defined vide order issued under Endst. No. 2(253)G-5/11000-174
dated 3.5.1979, according to which sub urban land which is situated within 3.2
Kilometres (2 Miles) of the limits of a Corporation or an 'A' Class Municipal
Committee within 1.6 KMS (1 Mile) of a limits of 'B' Class Municipal Committee
and within 0.8 Kilometre (1/2 Miles) of a
limits of a 'C' Class Municipal Committee, Notified Area Committee or
Small Town Committee.
4. These
instructions should be complied with meticulously and its receipt may be
acknowledged.
Deputy Secretary
for Financial Commissioner (Revenue) &
Secretary to Government of Punjab,
Rehabilitation Department.