Disposal of inferior evacuee land-Policy regarding (Rabi 1984)

17/6/1988

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