Punjab Government Department of Rehabilitation
All the Deputy Commissioner in the State.
No. 2(505)G-5/Policy-III/2931-43 dated Chandigarh, the 10-3-1989.
Sub:- Sale, by auction, of Banjar & Ghair Mumkin lands – Regularisation.
Please refer to this Department Memo No. 2(505)G-5/Policy-111/10273-04, dated Chandigarh, the July 7, 1981, followed by Memo. No. 2(505)G-5/Policy-111/5134-45, dated Chandigarh, the 14-3-1983, on the subject cited above.
2. Since the policy with regard to the sale, by negotiation of Banjar/Ghair Mumkin and, comprising of blocks of 20 acres or above to the Forest Department for aforestation, Industries Department for developing industry in rural areas and to the Panchayats Department for common purposes, was under Government, it was desired vide para 5 of this Department Memo. No. 2(505)G-5/Policy llI/10273-84 dated Chandigarh, the July 7 1981, that till further instructions from this Department, such chunks of land be not disposed of in auction. During the course of audit, it had been noticed that auction of such lands was going on in violation of the above said instructions. The matter was then clarified and it was communicated vide this Department consideration of the Memo. No 2(505)G-5/Policy-IW5134-45 dated Chandigarh, the 14-3-1983 that no Banjar/Ghair Mumkin land be sold till further instructions from this Department. It was also directed that the cases in which sales have been confirmed, may be sent to the Headquarters office for further action to set aside the sales under due process of law and in which the sales have not been confirmed, these may not be confirmed. In pursuance of these instructions confirmed cases were sent to this Department which were examined and suo-moto references made in most of the cases. Some of the Deputy Commissioners re-referred the matter to this Department for fresh consideration as the original communication dated 7- 71981, was not very clear on the subject.
3. The matter with regard to the sale, by auction, of Banjar & Ghair Mumkin lands made during the period 7- 71981 to 14-3-1983, in violation of the aforesaid instructions has been re-considered by the Government and it has been decided that the sales of such land carried out during the above said period, which do suffer from the solitary lacuna that these had been made in violation of the Government instructions, referred to above, may not be disturbed. These cases may now be processed further by the respective Tehsildars (Mahal)-cum-Sales for confirmation and recovery of balance sale price where these auctions stand confirmed. However, where there are other objections such as, the proclamation for the sale was defective, price of the land had not been assessed properly and even the price of trees standing in the land had not been charged from the successful auction purchaser, besides the main objection that the sale had been made in violation of the Government instructions, those sales should be regularized only after removing the objections raised in the audit. Further action with regard to getting confirmation and recovery of the balance price etc. should be taken only thereafter.
4. Necessary instructions in this behalf may be issued to all the Tehsildars (Mahal)/Naib Tehsildar (Mahal)-cum-Sales working under you to deal with the above type of cases in accordance with the Government decision, referred to above instructions would not apply in cases where dales have already been cancelled by the competent authority and such cancellation orders have attained finality and have not been challenged.
Receipt of this letter may be acknowledged.
Deputy Secretary (Rehabilitation)