POLICY REGARDING DISPOSAL OF GOVERNMENT LANDS
SN Category
1. Nazool Land
6. Urban Evacuee Land/Property
1. NAZOOL LANDS
A. Definition : Land escheated to the state government under section 29 of The Hindu Succession Act 1956.
B. Rules / Instructions : Nazool Land (Transfer) Rules 1956
FCR Standing Order No. 28
Memo 14/26/81-LR-III/1716 dated 20/2/1984
Memo 14/26/81-LR-III/9324 dated 4/9/1984
Memo 26/59/85-LR-III/11543 dated 29/8/1985
Memo 26/60/98-LR-III/5584 dated 23/8/2001
C. Methods of Disposal: For the purpose of disposal the nazool land can be divided into 5 categories:
1.
TRANSFER OF RURAL NAZOOL LAND TO SC/BC MEMBERS
2.
TRANSFER OF RURAL NAZOOL LAND TO SC CO-OPERATIVE SOCIETY
3.
SALE OF RURAL NAZOOL LAND IN RESTRICTED AUCTION
5.
URBAN NAZOOL LAND ON WHICH PUCCA CONSTRUCTION RAISE
6.
URBAN/SUB-URBAN NAZOOL LANDS
1.
Rules/Instructions Rule 3 (a), 3 (b) Nazool Land
Rules.
2.
Category Rural Nazool Land less than 10 acre in a
village. Rural Nazool land more than 10acres but no SC Cooperative Society has
been formed before 16/5/64.
3.
Mode of disposal Allotment to members of scheduled
caste of the village who are lessees of the land. May also be allotted to
members of BC if the Nazool Land is under their self-cultivation.
4.
Eligibility SC/BC members who are lessees of the land.
5.
Maximum area that can be allotted 3 acres irrigated or 6 acres
un-irrigated or 9 acres Banjar including the own land holding of the allottee.
(Rule 3 (a))
6.
Officer competent to transfer the land District Collector (Rule 10)
7.
Alienation No alienation and the land will go only in
inheritance. (Rule-7)
8.
Fixation of Price - 90 times the land revenue or Rs.
200 per acre which ever is less. (Rule 8)
9.
Recovery: The amount will be
recovered in 20 equal 6 monthly installments.
(Rule 9).
10.
Penalty for non payment Can be recovered as arrears of
land revenue (Rule 9 A(i)). Allotment may be cancelled for default of 2
installments (Rule 9-A (ii)).
11.
Remarks Conveyance deed to be issued after
deposit of all the installments. (Rule-11).
1.
Rules/Instructions Rule 3 (b) Nazool Land Rules.
2.
Category
Rural Nazool Land
more than or equal to 10 acre and where SC Cooperative Society was formed
before 16/5/64.
3.
Mode
of disposal To SC Cooperative Societies formed before
16-5-64 --,Individual SC members (Rule 3 (b).
4.
Eligibility
SC Cooperative
Society/SC Members (Rule 3(b)).
5.
Maximum
area that can be allotted Number of members x
(Eligibility of each member 3 acre irrigated or 6 acre un-irrigated or
9 acre Banjar including their own land holding) (Rule (5))
6.
Officer
competent to transfer the land District Collector (Rule 10)
7.
Alienation
No alienation and
the land will go only in inheritance.
(Rule-7)
8.
Fixation
of Price - 90 times
the land revenue or Rs. 200 per acre which ever is less. (Rule 8)
9.
Recovery: The amount will be recovered in 20
equal 6 monthly installments. (Rule
9).
10.
Penalty
for non payment
Can be recovered as arrears of land revenue (Rule 9A(i)). Allotment may be
cancelled by the DC for default of 2 installments (Rule 9-A (ii)).
11.
Remarks Conveyance
deed to be issued after deposit of all the installments. (Rule-11).
1.
Rules/Instructions Rule 3 (d) Nazool Land Rules,
instructions dated 4/9/1984.
2.
Category
Rural Nazool Land
which can not be allotted as per Rule 3 (a),(b),(c)
3.
Mode
of disposal
Restricted Auction among the SCs of the village/Patwar Circle/Kanungo Circle
(Rule 3(d), (e))
4.
Eligibility
SC members.
5.
Maximum
area that can be allotted 10 acres including the own land holding (Rule 3(d))
6.
Officer
competent to transfer the land State Government (Para 2, instructions dated 4/9/84). DC to issue the
sale certificate after full payment (Para 9(i) Instructions dated 4/9/84)
7.
Alienation
No alienation to
Non-SC members for 20 years (Para 8(i) Instructions dated 4/9/84). No
cultivation by Non-SC. DC to cancel the sale for broach of terms &
conditions. Para 8(ii) (iii) of instructions dated 4/9/84.
8.
Fixation
of Price Reserve
Price will be 75% of the market price to be determined by DC if the price
worked out is less than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but
is upto Rs. 50 lac by the Divisional Commissioner and when it exceeds Rs. 50
lac then by the Financial Commissioner Revenue. (Para 3 (i) (ii) of
instructions dated 4/9/84)
9.
Recovery:
5 % of the bid at the time of bid and remaining 95 % will be recovered
in 20 equal 6 monthly installments with 10 % interest (Rule 9, Para 3
(ix),(xiii), (xv) instructions dated
4/9/84)
10.
Penalty
for non payment
Penal interest at the rate of 3½ % for not depositing the installments. DC to
cancel the allotment if arrears are not cleared by the 7th
installment. (Para 3 (xv) of instructions dated 4/9/84).
11.
Remarks (i) ADC/SDM to supervise the auction. (Para 3
(vi) of instructions dated 4/9/84)
(ii) 5 %
of the bid to be deposited at the time of bid (Para 3 (ix) of instructions
dated 4/9/84)
(iii) DC
to put the bidder to possession after deposit of first installment. (Rule 11 A
(1) Nazool Rules, Para 9(i) of instructions dated 4/9/84)
(iv) The
Sale Certificate conferring the P rights shall be issued on completion of
payment of all the installments by the DC. (Rule 11A (1) of Nazool Rules, para
9(i) of instructions dated 4/9/84)
(v) Conveyance
deed to be registered and mutation to be sanctioned. (Para 9 (ii) (iii) of
instructions dated 4/9/84)
1.
Rules/Instructions Rule 15 of Nazool Land Rules.
2.
Category
Rural Nazool
House/House Site.
3.
Mode
of disposal To
persons/institutions as decided by the Government on the recommendations of DC.
4.
Eligibility
As decided by the
State Government.
5.
Maximum
area that can be allotted State Government to decide on case to case basis.
6.
Officer
competent to transfer the land State Government.
7.
Alienation
State Government
to decide.
8.
Fixation
of Price Average
market value locality and as finalised by the State Government.
9.
Recovery: State Government to decide.
10.
Penalty
for non payment
State Government to decide
11.
Remarks
---
TRANSFER OF
URBAN GOVERNMENT NAZOOL / EVACUEE / INFERIOR EVACUEE LAND ON WHICH PUCCA
CONSTRUCTION HAS BEEN RAISED BEFORE 1/1/1996.
1. Rules / Instructions: Govt. instruction dated 23/8/2001.
2. Category: - Land of any type i.e. Government, Nazool, Evacuee and Inferior Evacuee.
-Pucca construction raised before 1/1/1996 and continuous possession since then.
-Situated within MC limit, (Para 2 of instructions dated 23/8/2001)
3. Mode of disposal- Transfer to unauthorised occupant (Para 2 of instructions dated 23/8/2001).
4. Eligibility: - -Pucca construction raised before 1/1/996 (Para 2 of instructions dated 23/8/2001).
-Continuous possession since 1/1/1996 (Para 2 of instructions dated 23/8/2001)
-Submitted application by 23/10/2001 (Para 9 of instructions dated 23/8/2001)
-Only one property can be transferred (Para 3 of instructions dated 23/8/2001)
5. Maximum area that can be allotted: -No restriction (Para 4 of instructions dated 23/8/2001)
6. Officer competent to transfer the property: - Tahsildar to recommend and SDM to allot the land. Appeal to Deputy Commissioner ( Para 7, 8, 13 of instructions dated 23/8/2001)
7. Alienation: - No restriction (Para 14, 15 of instructions dated 23/8/2001).
8. Rate and price fixation: The following rate to be charged:
Area A |
Rate as % of market rate |
|
A £ 5 Marla |
20% |
|
5 Marla < A £ 10 Marla |
30% |
|
10 Marla < A £ 1 Kanal |
40% |
|
1 Kanal < A |
100% |
(Para 4 of instructions dated 23/8/2001)
The market rate of the land will be determined by a committee headed by Deputy Commissioner. (Para 5 of instructions dated 23/8/2001)
9. Recovery: - Ό of price within 1 month of offer of allotment.
- Ύ of price 10 six monthly instalments (Para 6 of instructions dated
23/8/2001).
10. Penalty of non payment: - No allotment.
11. Remarks : (1) Pucca construction and continuous possession to be supported by Electricity, Water Bill etc. (Para 2 of instructions dated 23/8/2001)
(2) P-Rights to be given and registered after recovery of full price.(Para 14, 15 of instructions dated 23/8/2001)
Last date of applications Dated 23/10/2001
(Para 9 of instructions dated 23/8/2001).
1. There
are three ways of disposal of Nazool Lands situated within MC limits or within
2 miles of MC limits:
A.
Transfer
to other departments
B.
Transfer
to MC/PSUs
C.
Open
Auction
2. Before
the land in Urban or Sub-Urban areas is sold by open auction, it needs to be
carefully examined whether the land is required by any Government Department,
Municipal Council and Improvement Trust, PSUs for any public purpose
immediately or in the near future. In order to ensure that Government land is
disposed of with proper care a committee headed by DC is constituted to
determine whether any particular piece of land is required for the purpose of
any Government Department or for providing civic amenities in the municipal
areas. Only the land which according to this committee is not required for any
such purposes and is not likely to be so required in future may be disposed of
in public auction (Para 11 instructions dated 20/2/84).
A. TRANSFER
TO OTHER DEPARTMENTS:
1.
Rules/Instructions Instructions dated 20/2/84 and
4/9/84, FCR SO 28.
2.
Category
Nazool Lands
situated within municipal limits or within 2 miles from the municipal limits.
3.
Mode
of disposal
Retain the land for Revenue Department if it is required. If not required then
transfer it to the other department for whose scheme it is required. (Para 8(a)
of instructions 20/2/84, para 3A of FCR SO 28)
4.
Eligibility
All departments.
5.
Maximum
area that can be allotted No restriction.
6.
Officer
competent to transfer the land FCR : if no objection from the either department.- CMM/CM: in case of
dispute/objection and in case land is being transferred free of cost to
departments from whom payment should be taken. (Para 6 of FCR SO 28)
7.
Alienation
No restrictions.
8.
Fixation
of Price (i) Land will be transferred free of cost
to the Punjab government departments (except the departments of colonization,
irrigation, power)
(ii) Market rate from central government departments and
departments of colonisation, irrigation and power of Punjab Government. (Para
2.2, 6A-1, 6A-2 of FCR SO 28)
(iii) The current market price to be determined
by DC if the price worked out is less than or equal to Rs. 10 lac, when it
exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional Commissioner and
when it exceeds Rs. 50 lac then by the Financial Commissioner Revenue. (Para 3
(i) (ii) of instructions dated 4/9/84).
9.
Recovery: Debit/Credit, Cash Payment (Para
6, 6A-3, of FCR SO 28)
10.
Penalty
for non payment
11.
Remarks DC to
submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84,
Para 3-A-1 of FCR SO 28)
1.
Rules/Instructions Instructions dated 20/2/84, 4/9/84,
FCR SO 28.
2.
Category
Nazool Lands
situated within municipal limits or within 2 miles from the municipal limits.
3.
Mode
of disposal
Transfer to MCs, Improvement Trusts and PSUs (Para 8(b) of instructions
20/2/84, para 3A(b) of FCR SO 28).
4.
Eligibility
All PSUs, MCs/ITs
etc.
5.
Maximum
area that can be allotted No restriction.
6.
Officer
competent to transfer the land FCR : if no objection from the either department and payment is being
made. -CMM/CM : in case the land is being transferred free of cost and if there
is any dispute/objection. (Para 6 of FCR SO 28)
7.
Alienation
No restrictions.
8.
Fixation
of Price (i) - At
the current market price to be determined by DC if the price worked out is less
than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but is upto Rs. 50 lac
by the Divisional Commissioner and when it exceeds Rs. 50 lac then by the
Financial Commissioner Revenue. (Para 8(b) of instructions dated 20/2/84, Para
3 (i) (ii) of instructions dated 4/9/84, Para 3A(b) of FCR SO 28).
(ii) Urban
Nazool lands which were given to MCs for management by the Revenue Department
can be transferred to them at 50% of the market rate. (Para 19 of instructions
dated 23/8/2001)
9.
Recovery: Lump-sum through Cheque/Draft
10.
Penalty
for non payment
12.
Remarks DC to
submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84,
para 3A-1 of FCR SO 28)
1.
Rules/Instructions Instructions dated 20/2/84,
4/9/84 and 29/8/85, FCR SO 28
2.
Category
Nazool Lands
situated within municipal limits or within 2 miles from the municipal limits.
3.
Mode
of disposal Open
auction (Para 8 (c) of instructions 20/2/84, 3A(c) of FCR SO 28).
4.
Eligibility
If land is not
required by the Government Departments, MCs, PSUs (Para 8, 11 of instructions
dated 20/2/84, 3A(c) of FCR SO 28).
5.
Maximum
area that can be allotted No restriction.
6.
Officer
competent to transfer the land Approval of FCR required before putting the land to auction
(instruction dated 29/8/85). State Government to approve the auction. (Para 2
of instructions dated 4/9/84)
7.
Alienation
No restrictions.
8.
Fixation
of Price Reserve
Price to be the current market price to be determined by DC if the price worked
out is less than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but is upto
Rs. 50 lac by the Divisional Commissioner and when it exceeds Rs. 50 lac then
by the Financial Commissioner Revenue. (Para 3 (i) of instructions dated 4/9/84,
para 8(c) of instructions dated 20/2/84 and para 3A(c) of FCR SO 28)
9.
Recovery: 25 % at the time of bid ( Para 3
(ix) of instructions dated 4/9/84), remaining 75 % within 15 days of acceptance
of bid. (Para 3 (xiii) of instructions dated 4/9/84)
10.
Penalty
for non payment
If full payment is not received within 15 days, DC shall cancel the sale and
forfeit the amount already paid. (Para 3 (xiv) of instructions dated 4/9/84).
12.
Remarks (i) ADC/SDM to supervise the auction. (Para 3 (vi)
of instructions dated 4/9/84)
(ii) DC
to put the bidder to possession after deposit of full payment first
installment. (Para 3 (xiii), 9 (i) of instructions dated 4/9/84).
(iii) The
Sale Certificate conferring the P rights shall be issued on full payment (Para
9 (i) of instructions dated 4/9/84).
(iv) Conveyance
deed to be registered and mutation to be sanctioned. (Para 9 (ii) (iii) of
instructions dated 4/9/84).
(v) District Collector can be approached for
setting aside the auction and sale. (Para 5 of instructions dated 4/9/84)
A. Instructions
/Rules : Memo No.
14/26/81-LR-3/1716, dated 20/2/1984
Memo
No. 14/26/81-LR-3/9324, dated 4/9/1984
Memo
No. 26/59/85-LR-III/11543 dated 29/8/1985
FCRs Standing Order No. 28
Memo No. 26/60/98-LR-III/5584 dated
23/8/2001
B. Methods
of Disposal: The
Provincial Government Land can be divided into three categories for the purpose
of disposal:
1.
RURAL PROVINCIAL GOVERNMENT LANDS
2.
URBAN PROVINCIAL GOVT LANDS ON WHICH PUCCA CONSTRUCTION RAISED
3.
URBAN/SUB-URBAN PROVINCIAL GOVERNMENT LANDS
4.
LAND ACQUIRED BY GOVERNMENT FOR PUBLIC PURPOSES BUT THEREAFTER
SURRENDERED
The provincial government land
situated in rural areas i.e. lands situated beyond 2 miles from the limits of municipal areas should be
disposed of in the following manner:
A TRANSFER
TO FOREST/HORTICULTURE DEPARTMENT:
1.
Rules/Instructions Instructions dated 20/2/84, FCR
SO 28
2.
Category
Provincial
government lands situated in rural areas i.e. lands situated beyond 2 miles of
MC limits.(Para 10 of instructions dated 20/2/84)
3.
Mode
of disposal
Transfer to Forest/Horticulture Department. (Para 10(a),13 of instructions
dated 20/2/84)
4.
Eligibility
Forest/Horticulture Dept. (Para 10(a) of instructions 20/2/84)
5.
Maximum
area that can be allotted No limit.
6.
Officer
competent to transfer the land FCR: (Para 13 of 20/2/84 and para 6 of FCR SO 28)
7.
Alienation
8.
Fixation
of Price Free of Cost (Para 6A-1 FCR SO 28)
9.
Recovery:
N.A.
10.
Penalty
for non payment
N.A.
11.
Remarks DC to
submit a self-contained proposal to FCR for his orders (Para 13 of instructions
dated 20/2/84).
B. TRANSFER
TO GALLANTRY AWARD WINNERS:
1.
Rules/Instructions Instructions dated 20/2/84.
2.
Category
Provincial
government land in rural areas i.e. lands situated beyond 2 miles from the MC limits. (Para 10(a) of 20/2/84)
3.
Mode
of disposal
Transfer to Gallantry Award Winners (Para 10 (b) instructions dated 20/2/84)
4.
Eligibility
Recipient of
Mahavir Chakra or Vir Chakra (Para 10(b) of instructions dated 20/2/84)
5.
Maximum
area that can be allotted 5 acre for Vir Chakra and 10 acres for Mahavir Chakra. (Para 10(a) of
instructions dated 20/2/84).
6.
Officer
competent to transfer the land FCR
7.
Alienation
Not specified.
8.
Fixation
of Price Free of cost (Para 10(b) of instructions
dated 20/2/84)
9.
Recovery:
NA
10.
Penalty
for non payment
NA
11.
Remarks --
C. OPEN
AUCTION:
1.
Rules/Instructions Instructions dated 20/2/84,
4/9/84 and 29/8/85
2.
Category
Provincial
government land in rural areas i.e. lands situated beyond 2 miles of MC limits
which remain un-allotted (Para 10,
10(c) of instructions dated 20/2/84)
3.
Mode
of disposal Open
auction (Para 10 (c) of instructions 20/2/84).
Prior approval of FCR (Instructions
dated 29/8/85)
4.
Eligibility
Open auction.
5.
Maximum
area that can be allotted Not specified.
6.
Officer
competent to transfer the land Approval of FCR required before putting the land to auction
(instruction dated 29/8/85). State Government to approve the auction. (Para 2
of instructions dated 4/9/84).
7.
Alienation
No restrictions.
8.
Fixation
of Price Reserve
price will be the current market price to be determined by DC if the price
worked out is less than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but
is upto Rs. 50 lac by the Divisional Commissioner and when it exceeds Rs. 50
lac then by the Financial Commissioner Revenue. (Para 3 (i) of instructions
dated 4/9/84, para 10(c) of instructions dated 20/2/84)
9.
Recovery: 25 % at the time of bid (Para 3
(ix) of instructions dated 4/9/84), remaining 75 % within 15 days of acceptance
of bid. (Para 3 (xiii) of instructions dated 4/9/84)
10.
Penalty
for non payment
If full payment is not received within 15 days, DC shall cancel the sale and
forfeit the amount already paid. (Para 3 (xiv) of instructions dated 4/9/84).
11.
Remarks (i) ADC/SDM to supervise the auction. (Para 3
(vi) of instructions dated 4/9/84)
(ii) DC
to put the bidder to possession after deposit of full payment, (Para 3 (xiii),
9 (i) of instructions dated 4/9/84).
(iii) The
Sale Certificate conferring the P rights shall be issued on full payment (Para
9 (i) of instructions dated 4/9/84).
(iv) Conveyance
deed to be registered and mutation to be sanctioned. (Para 9 (ii) (iii) of
instructions dated 4/9/84).
(v) District Collector can be approached for
setting aside the auction and sale. (Para 5 of instructions dated 4/9/84)
TRANSFER OF
URBAN GOVERNMENT NAZOOL / EVACUEE / INFERIOR EVACUEE LAND ON WHICH PUCCA
CONSTRUCTION HAS BEEN RAISED BEFORE 1/1/1996.
1. Rules / Instructions: Govt. instruction dated 23/8/2001.
2. Category: - Land of any type i.e. Government, Nazool, Evacuee and Inferior Evacuee.
-Pucca construction raised before 1/1/1996 and continuous possession since then.
-Situated within MC limit, (Para 2 of instructions dated 23/8/2001)
3. Mode of disposal- Transfer to unauthorised occupant (Para 2 of instructions dated 23/8/2001).
5. Eligibility: - -Pucca construction raised before 1/1/996 (Para 2 of instructions dated 23/8/2001).
-Continuous possession since 1/1/1996 (Para 2 of instructions dated 23/8/2001)
-Submitted application by 23/10/2001 (Para 9 of instructions dated 23/8/2001)
-Only one property can be transferred (Para 3 of instructions dated 23/8/2001)
5. Maximum area that can be allotted: -No restriction (Para 4 of instructions dated 23/8/2001)
6. Officer competent to transfer the property: - Tahsildar to recommend and SDM to allot the land. Appeal to Deputy Commissioner ( Para 7, 8, 13 of instructions dated 23/8/2001)
7. Alienation: - No restriction (Para 14, 15 of instructions dated 23/8/2001).
8. Rate and price fixation: The following rate to be charged:
Area A |
Rate as % of market rate |
|
A £ 5 Marla |
20% |
|
5 Marla < A £ 10 Marla |
30% |
|
10 Marla < A £ 1 Kanal |
40% |
|
1 Kanal < A |
100% |
(Para 4 of instructions dated 23/8/2001)
The market rate of the land will be determined by a committee headed by Deputy Commissioner. (Para 5 of instructions dated 23/8/2001)
9. Recovery: - Ό of price within 1 month of offer of allotment.
- Ύ of price 10 six monthly instalments (Para 6 of instructions dated
23/8/2001).
10. Penalty of non payment: - No allotment.
11. Remarks : (1) Pucca construction and continuous possession to be supported by Electricity, Water Bill etc. (Para 2 of instructions dated 23/8/2001)
(3) P-Rights to be given and registered after recovery of full price.(Para 14, 15 of instructions dated 23/8/2001)
Last date of applications Dated 23/10/2001
(Para 9 of instructions
dated 23/8/2001).
1. The provincial government land situated in urban areas i.e. land within the municipal limits and upto 2 miles beyond these limits shall be disposed of in the following manner :
2. Before
the land in Urban or Sub-Urban areas is sold by open auction, it needs to be
carefully examined whether the land is required by any Government Department,
Municipal Council and Improvement Trust, PSUs for any public purpose immediately
or in the near future. In order to ensure that Government land is disposed of
with proper care a committee headed by DC is constituted to determine whether
any particular piece of land is required for the purpose of any Government
Department or for providing civic amenities in the municipal areas. Only the
land which according to this committee is not required for any such purposes
and is not likely to be so required in future may be disposed of in public
auction (Para 11 instructions dated 20/2/84).
A. TRANSFER
TO OTHER DEPARTMENTS:
1.
Rules/Instructions Instructions dated 20/2/84 and
4/9/84
2.
Category
Urban and
sub-urban provincial government lands i.e. land situated within municipal
limits or within 2 miles from the municipal limits.
3.
Mode
of disposal
Retain the land for Revenue Department if it is required. If not required then
transfer it to the other department for whose scheme it is required. (Para 9,8
(a) of instructions 20/2/84).
4.
Eligibility
All departments.
5.
Maximum
area that can be allotted No restriction.
6.
Officer
competent to transfer the land FCR : if no objection from the either department. -CMM/CM : in case of
dispute/objection and in case land is being transferred free of cost to
departments from whom payment should be taken. (Para 6 of FCR SO 28)
7.
Alienation
No restrictions.
8.
Fixation
of Price (i) Land will be transferred free of cost
to the Punjab government departments (except the departments of colonization,
irrigation, power)
(ii) Market rate from central government
departments and departments of colonisation, irrigation and power of Punjab government. (Para 2.2, 6A-1,
6A-2 of FCR SO 28)
(iii) The current market price to be determined
by DC if the price worked out is less than or equal to Rs. 10 lac, when it
exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional Commissioner and
when it exceeds Rs. 50 lac then by the Financial Commissioner Revenue. (Para 3
(i) (ii) of instructions dated 4/9/84).
9.
Recovery: Debit/Credit, Cash Payment (Para
6A-3, of FCR SO 28)
10.
Penalty
for non payment
NA
11.
Remarks DC to
submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84,
Para 3-A-1 of FCR SO 28)
1.
Rules/Instructions Instructions dated 20/2/84 and
4/9/84, FCR SO 28
2.
Category
Urban and
sub-urban provincial government lands situated within municipal limits or
within 2 miles from the municipal limits.
3.
Mode
of disposal
Transfer to MCs, Improvement Trusts and PSUs (Para 8 (a) (b) of instructions
20/2084).
4.
Eligibility
All PSUs, MCs,
ITs etc.
5.
Maximum
area that can be allotted No restriction.
6.
Officer
competent to transfer the land FCR : if no objection from the either department and payment is being
made. -CMM/CM : in case of dispute/objection and in case land is being
transferred free of cost and if there is any dispute. (Para 6 of FCR SO 28)
7.
Alienation
No restrictions.
8.
Fixation
of Price The price will be the current market price
to be determined by DC if the price worked out is less than or equal to Rs. 10
lac, when it exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional
Commissioner and when it exceeds Rs. 50 lac then by the Financial Commissioner
Revenue. (Para 3 (i) of instructions dated 4/9/84).
9.
Recovery: Lump-sum through Cheque/Draft
10.
Penalty
for non payment
NA
11.
Remarks DC to
submit a self contained proposal to FCR (Para 13 of instructions dated 20/2/84,
Para 3-A-1 of FCR SO 28)
1.
Rules/Instructions Instructions dated 20/2/84,
4/9/84 and 29/8/85, FCR SO 28)
2.
Category
Urban and
sub-urban provincial government lands situated within municipal limits or
within 2 miles from the municipal limits.
3.
Mode
of disposal Open
auction (Para 8 (c) of instructions 20/2/84).
4.
Eligibility
If land is not
required by the Government Departments, MCs, PSUs (Para 8 (c), 11 of
instructions dated 20/2/84).
5.
Maximum
area that can be allotted No restriction.
6.
Officer
competent to transfer the land Approval of FCR required before putting the land to auction
(instruction dated 29/8/85). State Government to approve the auction. (Para 2
of instructions dated 4/9/84).
7.
Alienation
No restrictions.
8.
Fixation
of Price Reserve
Price will be the current market price to be determined by DC if the price
worked out is less than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but
is upto Rs. 50 lac by the Divisional Commissioner and when it exceeds Rs. 50
lac then by the Financial Commissioner Revenue. (Para 3 (i) of instructions
dated 4/9/84, para 8(c) of instructions dated 20/2/84).
9.
Recovery: 25 % at the time of bid (Para 3
(ix) of instructions dated 4/9/84), remaining 75 % within 15 days of acceptance
of bid. (Para 3 (xiii) of instructions dated 4/9/84)
10.
Penalty
for non payment
If full payment is not received within 15 days, DC shall cancel the sale and
forfeit the amount already paid. (Para 3 (xiv) of instructions dated 4/9/84).
11.
Remarks (i) ADC/SDM to supervise the auction. (Para 3
(vi) of instructions dated 4/9/84)
(ii) DC
to put the bidder to possession after deposit of full payment, (Para 3 (xiii),
9 (i) of instructions dated 4/9/84).
(iii) The
Sale Certificate conferring the P rights shall be issued on full payment (Para
9 (i) of instructions dated 4/9/84).
(iv) Conveyance
deed to be registered and mutation to be sanctioned. (Para 9 (ii) (iii) of
instructions dated 4/9/84).
(v) District Collector can be approached for
setting aside the auction and the sale. (Para 5 of instructions dated 4/9/84)
Lands which were acquired by the government for some public purposes and if it is not required for some reason, such lands can be used for some other public purpose or will be sold.
A. USE FOR OTHER PUBLIC PURPOSE: (Para 87-A of SO 28) If the land in question is no longer required for the purpose for it was originally acquired then it can be used for another public purpose. It is a settled law that the land acquired for public purpose can be transferred to another public purpose. Paramount consideration will be service of the public purpose. The owner of the land can not claim that if the purpose is to be changed, the property should be returned to him.
B. SALE OF ACQUIRED LAND : (Para 87-A of SO 28) If the acquired land is not to be used for any other public purpose then it will be sold. If the land is agricultural and situated outside of the MC limits then the first preference will be given to the owners. No specific procedure has been prescribed for sale of such land and therefore the procedure prescribed for open auction of provincial government lands should be followed as discussed in above paras. The land which has been acquired by the government is provincial government land and therefore, it is to be disposed of by transfer to other departments or by sale through open auction. The land can be sold either in open auction or through tenders. The department by which the land is surrendered will be given an opportunity to comment upon any bid or tender before it is accepted (Para 88). The sums realized will be credited to the department for which the land was acquired (See para 1C, 2C above) regarding open auction.
C. RESTORATION TO ORIGINAL LAND OWNERS : Para 87 of SO 28 under which there was provision for restoration of acquired lands to the original land owners stands deleted vide notification dated 13/3/2000.