Punjab Government Department of Rehabilitation
All the Tehsildars (Sales), in the State.
No. MTC/U. 1/11388-95, dated, Jullundur, the 21st July, 1981.
Subject: Disposal of sites left-un-developed due to revised layouts in the Model Colonies viz., Model Towns, Model Houses, 8 Marla Cheap Tenements, 4 Marla Cheap Tenements, Shopping Centres and Mud hut Colonies, etc., set up by the State Rehabilitation Department in Punjab-Occupation and illegal construction raised thereon.
The question of disposal of open sites left undeveloped in the Rehabilitation Colonies, as a result of revised lay-outs prepared by the Public Works Department, at the execution stage and subsequently, which are under unauthorised occupations, has been engaging the attention of Government. It has now been decided that these open sites may be sold by private treaty to- the unauthorised occupants at a fixed valuation', as may be determined by the Government, subject to the following conditions:
(i) The possession of an occupant is un-disputed and continuous from January 1, 1977 and he has raised construction thereon, on or before the said date.
N .B. In no case, such open sites as are under temporary constructions, thatched huts, Khokhas, etc., should be transferred ;
(ii) The intended transferee should be head of the family, having independent means of livelihood;
(iii) A transferee shall be liable to pay damage charges for the use and occupation of the site, as may be approved by the Deputy Secretary (Reh)-cum-Collector;
(iv) It is not proposed to invite applications from the unauthorised occupants of the open sites. The Rehabilitation Authority (Tehsildar Sales) posted in a District will inspect each site, obtain application from the occupant on the spot and process it for the purposes of determining his eligibility, in accordance with the procedure laid down for the transfer of urban Package Deal/Administrative and Financial Arrangement, Properties.
(v) The 'fixed valuation' shall be the market price which may be assessed by the Rehabilitation Authority (Tehsildar Sales), keeping in view the following criteria:-
(a) The value of the property in the neighbourhood.
(b) The general prevailing market price of the similar urban property in that locality, which may be worked out on the basis of sale transactions held during the preceding one year .
(c) In case, in a particular locality no transaction is found to have been made in the preceding one year , the last , transaction if any, in that locality or in the adjoining locality, be taken as the basis and the market price be fixed by enhancing the amount of the last transaction by 10 per cent per year.
(d) In absence of any sale transaction in the locality or in the adjoining locality, the transactions held during the preceeding one year in the neighbouring localities should be adopted as the basis. In case) no transaction in the preceeding one year in the neighbouring localities is found, then last transaction should be adopted as the basis and the market price be fixed by enhancing the amount of the last transaction by 10 per cent per year.
(e) The market price shall be subject to approval by the Deputy Secretary (Reh)-cum-Deputy Commissioner, except in . the cases falling under ( d) above) which shall be subject to -the approval by Government.
(vi) In the case of a' Scheduled Castes/Backward Classes occupant, 'fixed valuation' shall be 25 per cent of the market price) determined for a site.
(vii) Each transfer shall be subject to approval by the Deputy Secretary (Reh)-cum-Deputy Commissioner.
(viii) A successful transferee, other than a member of the scheduled Castes/Backward Classes) shall make payment of the earnest money equivalent to 25 per cent of the market price to the. Rehabilitation Authority (Tehsildar Sales) at the time of determination of his eligibility by the latter. A successful transferee who is a member of the Scheduled Castes/Backward Classes shall be liable to pay earnest money equivalent to 25 per cent of the price recoverable from him.
(ix) After the confirmation of the transfer by the Deputy Secretary (Reh)-cum-Deputy Commissioner, the balance price shall be payable by the transferee in lump-sum within 15 days of the receipt of notice by the transferee to this effect or in such period as may be extended by a competent Rehabilitation Authority.
(x) Such of the transferees as are desirious of making payment of the balance price in instalments shall pay the same as follows: -
(a) Scheduled Caste/Backward Class occupants
In 12 half yearly equated instalments with interest at 4 per cent per annum; the earnestly money paid by them being the first instalment; and
(b) Non-Scheduled Castes and non-Backward Classes occupants.
In three half-yearly equated instalments with interest at 6 per cent per annum, excluding the amount of earnest money already paid by them.
(xi) In the event of default in the payment of any instalment by a transferee, penal interest at 9 per cent per annum shall be charged on the defaulted amount.
(xii) If a transferee commits default in the payment of two consecutive instalments, the Deputy Secretary (Reh)-cum-Deputy Commissioner, shall be competent to proceed with the recovery of the defaulted amount as arrears of land revenue, provided no order to this effect is made by him, without giving to the person concerned a reasonable opportunity of being heard. An order thus made by him would be subject to revision and appeal as provided in the East Punjab Refugees Rehabilitation (Building and Building Sites) Act, 1948.
2. While transferring the above sites, due care should be taken that the plots notified as Parks or reserved for common or public purposes are not transferred to the unauthorised occupants. Such plots should be got vacated and the same may be transferred to the Municipal Committee concerned.
3. The plots earmarked for commercial purposes, i.e." shopping Centres or for any other commercial activities should not be transferred on the basis of possession. These plots should be got vacated and disposed of by open auction.
4. A survey of the Rehabilitation Colonies had already been undertaken with a view to determining the dimensions of the problem. The lists thus prepared contain the names of the unauthorised occupants and the area in each one's respective possession. While allowing the transfer of open sites, these lists should invariably be consulted to safeguard against the possibility of any undeserved transfer to an occupant, who has entered upon the possession of an open site after the crucial date of January 1, 1977.
5. Such of the open sites as are required to be sold by open auction should be disposed of after getting the market price thereof approved by the Government and after giving wide publicity in accordance with the procedure already laid down for the disposal of urban Package Deal and Administrative and Financial Arrangement properties.
6. It should be ensured that no open site in any Rehabilitation Colonies is allowed to be encroached upon or un-authorisedly occupied by any person. You should undertake constant survey of these colonies and if any fresh encroachment or unauthorised construction comes to your notice, immediate steps should be taken to remove the same, according to law.
For Secretary to Government, Punjab,