All the Deputy Commissioners
In Punjab State.
Memo No. 3/1/84-LR(I)15245
Chandigarh dated 22/8/1988
Sub: Disposal of inferior evacuee land-Policy regarding.
Ref: In continuation of this department Memo No. 3/1/84-LRI/10920, dated 17/6/1988.
After the issue of instructions referred to above clarifications on the following points have been sought by certain Deputy Commissioners:
- There might be instances in which the original lessees of inferior evacuee land would have expired, whether legal representatives of original lessees have also to be allowed an opportunity to purchases this land.
- Whether allotment of the basis of possession has to be effected after providing opportunity to original lessees or straightway?
Both these points are clarified as under :
- There is already a provision under Explanation below para 2 of above government instructions that legal heirs of an occupant who dies after making an application by the prescribed date shall also be allowed to get the land transferred on the basis of possession. However, there is no provision for those legal heirs of an occupant who dies before making an application, it has therefore, been decided that legal heirs of such lessees should also be allowed an opportunity to get the land transferred on the basis of possession. The word ‘before’ in between the word ‘died’ and ‘after’ should be added in line 4 of the Explanation below para 2 of the instructions dated 17/6/1988.
- The concession of the transfer of inferior evacuee land to the lessees who could not purchase the land under their lease in accordance with the policy letter dated 29/8/1961 in the year 1961 which has now been extended vide policy letter dated 17/6/1988 is applicable to only those lessees who have been in possession of the land under their lease and not for those who hadabandoned their lease although they may be lessees at one stage or the other. In those cases where the lessees have abandoned their lessee rights and consequently the lands have been occupied by some other persons, such lessees shall, obviously not entitled for this concession. So in such cases, there is no need to provide an opportunity to the original lessees and the land is transferred to the eligible occupants on the land of possession straightway.
(for Deputy Commissioner Patiala only)
This also dispose of his DO No. 2413/SK dated 28/6/1988.
Under Secretary to Govt Punjab