Thursday, October 25, 2001, Chandigarh, India





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Bonanza for encroachers
Tribune News Service

Chandigarh, October 24
The Haryana Cabinet today decided to give a bonanza to unauthorised occupants of evacuee land and property in the state.

The Cabinet, which met here under the chairmanship of the Chief Minister, Mr Om Prakash Chautala, approved the recommendations of a committee of Ministers (COM) regarding the transfer of such property to the unauthorised occupants.

According to a survey conducted by the Revenue Department, about 9500 acres of evacuee agricultural land in the rural areas, 750 acres evacuee agricultural land in the urban areas, 2,600 evacuee houses or sites in the rural areas and 1,300 houses or sites in the urban areas are available with the Rehabilitation Department and most of this property is under illegal occupation.

A COM comprising the Revenue Minister, the Agriculture Minister and the Minister of State for Urban Development was constituted to frame a policy on the transfer of such property to the illegal occupants. The COM decided that an illegal occupant, who has been cultivating rural evacuee agricultural land since kharif 1947, will have to pay 20 per cent of the market price of the land, which will be determined by a high-level Price Recommendation Committee to be constituted under the chairmanship of the Divisional Commissioner concerned.

Those who have been cultivating the land since kharif 1985 will have to pay 40 per cent of the market price. Those who have been cultivating the land since 1995 shall have to pay 60 per cent of the market rate. Unauthorised occupants will include their predecessors-in-interest, or successors-in-interest as the case may be.

However, “gair mumkin” land like “banjar qadim”, “banjar jadid”, “gair mumkin nadi or nullah”, “gair mumkin rait”, and “gair mumkin johar” will not be transferred under this policy to individuals on the basis of possession. The maximum ceiling for the transfer of land will be up to the permissible area under the Haryana Ceiling on Land Holdings Act, 1972, including the land already owned by the unauthorised occupant.

A piece of land not exceeding two acres surrounded by the land of one person and having no approach, and which cannot be disposed of in any other manner, can also be transferred to that person at half the market rate, even if the person is not an illegal occupant. All perpetual lessees, “bhondebars”, “dholidars”, etc. will be treated as unauthorised occupants.

In the case of rural evacuee houses or sites, illegal occupants who have raised constructions and have been in continuous possession since January 1, 1995, or earlier will be transferred the property at the reserve price already fixed, including any enhancement.

Urban evacuee agricultural land which has been under continuous possession of an unauthorised occupant since January 1, 1995, or before, and upon which construction has been raised before the cut-off date, will be transferred to him at the rate to be fixed by the Cabinet on the recommendations of the high-level Price Recommendation Committee.

Urban evacuee agricultural land, which is being used for agricultural purposes only, will be transferred on the terms and conditions as applicable to the unauthorised occupants of rural evacuee agricultural land. Similarly, an urban evacuee site or house which has been under continuous possession of an unauthorised occupant since January 1, 1995, or before and upon which construction has been raised, will be transferred to him on the same terms and conditions as applicable to urban evacuee agricultural land upon which construction has been raised.

Unutilised land of Model Towns and rehabilitation colonies will be transferred to the unauthorised occupants on the same terms and conditions which are applicable to the unauthorised occupants of urban houses and sites. Those who have gone to court can also apply for transfer.

Unauthorised occupants belonging to the Scheduled Castes will get a concession of 25 per cent of the total price of the property. The unauthorised occupant will have to deposit 25 per cent of the price within one month from the date of intimation of the transfer. The remaining cost will be recovered in 10 half-yearly instalments in five years. A penal interest of 18 per cent will be charged on delayed payments.

The Cabinet also revised the rates of use and occupation charges for rural and urban land. These will be Rs 1,600 per acre per harvest for “barani” land, Rs 3,200 per acre per harvest for “nehri” or “chahi” land and Rs 8,000 per acre per harvest for urban agricultural land.

The Cabinet also relaxed the minimum area required for the setting up of a residential or commercial colony in all towns except Faridabad, Gurgaon and Panchkula.

In the case of medium-potential towns of Panipat, Sonepat, Bahadurgarh and Manesar, a residential colony with plots can now be developed on 50 acres, a residential group housing colony on 5 acres and a commercial colony on a minimum area of 8,000 sq m and a maximum of 16,000 sq m.

In all other towns, a residential colony with plots can now be developed on 25 acres, a residential group housing colony on 5 acres and a commercial colony on a minimum area of 4,000 sq m and a maximum of 8,000 sq m.
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