Punjab Government Department of Rehabilitation
Sub : Transfer of Urban Evacuee land on which house etc has been constructed – Land purchased by Punjab Government vide Arrangement of 1970
1. In exercise of the powers delegated under Rules 87 and 88 of the Displaced Persons (Compensation and Rehabilitation) Rules of 1955,- vide Notification No.3(1)/IRT/71, dated February 24, 1971 of the Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Rehabilitation), I, Randhir Singh, Deputy Secretary to Government, Punjab, Rehabilitation Department exercising the powers of Authorized Chief Settlement Commissioner direct that the urban evacuee property which is a house or a shop or a building plot or a site or agricultural land as has been used for residential or commercial or industrial purpose, transferred to the State Government by, the Central Government in the Administrative and Financial Arrangement of 1970, may be sold by negotiations an occupant on he prevailing market price.
his possession over the same is continuous from January 1, 1977 and he has applied for its transfer by the prescribed date of December 31, 1977 and provided in the case of a building plot or a site or agricultural land as has been used for residential or commercial or industrial purpose, construction has been raised thereon on or before January 1, 1977.
2. (i) A building plot or a site or agricultural land as has been used for construction of residential building, an occupant shall be transferred area up to 20 marlas ;
(ii) A building plot or a site or agricultural land as has been used for commercial or industrial purpose, an occupant shall be transferred area upto 1000 sq. Yards ;
(iii) Where area of a building plot or site on agricultural land being used or residential commercial or industrial purpose by an occupant exceeds the limits prescribe in clause (i) & (ii) above the excess area may be sold to the occupant by negotiation by an authority duly authorized to do so with such additional price up to 25 per cent of the market price in the case of residential plot and up to 50 per cent of the market price in the case of a commercial or industrial plot, as would be fixed, keeping in view the location and potential of each plot, but, in no case the total area transferred will exceed the ceiling fixed under the Urban Land Ceiling (Regulation) Act of 1976.
3 (i) Each transferee, other than a member of the Scheduled Castes and Backward Classes shall be required to pay 25 per cent of the price alongwith the arrears of rent or damages in cash, of urban evacuee property to be transferred, within 30 days of determination of his eligibility and the balance shall be payable in lumpsum or in three equated bi-annual instalments bearing such rate of interest as may be prescribed.
(ii) the arrears of rent or damages shall be paid in lump sum or in such number of instalments as may be fixed by the Settlement Commissioner, keeping in view the circumstances of each case and the number of instalments so fixed shall not exceed the number of instalments in which price of the urban evacuee property is to be recovered; and
(iii) In the case of default of any instalments, penal interest as may be prescribed shall be charged on the amount under default excluding the amount due on account of rent or damages. If the transferee fails to pay nay installment with interest on account of the balance price, or installment on account of rent or damages within three months of the date on which it becomes due, or within the time extended by the Settlement Commissioner or the Chief Settlement Commissioner, the amount of defaulted instalments with such penal interest as may be prescribed, shall be recovered as 'arrears of land revenue', provided that the penal interest shall be chargeable only on the defaulted amount of balance price.
4. The occupants who are members of the Scheduled Castes and Backward Classes shall .be entitled to the following concessions:
(i) They may purchase properties in their possession at the rate of 25 per cent of the market price;
(ii) the price of the properties in transferred, will be recoverable in twelve equated half-yearly instalments the first instalments being payable by a transferee within thirty days of the officer of sale ;
(iii) If a Scheduled Castes or Backward Classes transferee does not pay the Instalments by the due date, penal interest as may be prescribed will be charged on the amount under default. If he fails to pay the instalments and interest due thereon, within six months of the date on which installment becomes due, or within the time extended by the Settlement Commissioner or Chief Settlement Commissioner, the amount of defaulted installment with such interest as may be prescribed shall be recovered as 'arrears of land revenue'.
(iv) Where it is established that a member of the Scheduled Castes had built a house before 15th August, 1947 on the land which became urban evacuee land, such a person shall be entitled to retain the house without any further payment;
(v) The Scheduled Castes and Backward Classes occupants who are occupying two urban evacuee properties, one for residential purpose and the other for commercial or industrial purpose, shall be entitled to the transfer of both the properties at 25 per cent of the market price;
Provided in the case of a building plot or a site or agricultural land being used for residential or industrial or commercial purpose, any excess area above the limit prescribed in clause (i) and (ii) of para 3 above, shall be transferred to an occupant at the prevailing market price, as laid down in clause (iii) of the said para.
5. Where a property is in occupation of an individual it shall be transferred to him if he is found eligible. However, where a property is occupied by more than one family in district portions, which are divisible, such portions shall be transferred to them separately, provided there is no dispute between them and the applications for the transfer of the portions under their respective possessions are made separately by them by the prescribed date. But, where there is dispute between the persons occupying a property and it is indivisible, it shall be disposed of by sale in auction.
6. Land-locked urban plots or plots unfit for independent construction and occupied by the owners of the adjoining houses or located within commercial or industrial premises, shall be sold to the occupants by negotiation at the current market price, provided their possession is undisputed. Where the possession is disputed, the plot shall be disposed of by auction, which shall be confined to the owners of the adjoining properties.
7 (a) The eligibility of every applicant will be determined by the Managing Officer, by holding such enquiry as he may consider necessary and after affording the applicant reasonable opportunity to establish his claim ;
(b) If after making the enquiry, the Managing Officer finds that the applicant is not eligible for transfer of an urban evacuee property, be shall reject the application after giving a hearing to the applicant and record the reasons for such rejection and shall also determine the amount recoverable as damages for use and occupation of the property.
(c) Every transfer of urban evacuee property shall be subject to approval by the Settlement Commissioner;
(d) When the transfer is approved by the Settlement Commissioner, the transferee shall produce before the Managing Officer, within thirty days of the receipt of the intimation by him of such approval, a challan showing the deposit into treasury of the amount payable;
Provided that the Settlement Commissioner may extend the aforesaid period up to sixty days in deserving cases. The Chief Settlement Commissioner may, in case of exceptional hardship, grant such further extension for the payment of the price, as he may consider reasonable;
(e) If the balance is not paid within the period specified above, the amount of defaulted instalments shall be recovered as 'arrears of land revenue'.
8. In case of properties in which the price has already been determined by the Settlement Organization of the Government of India, the following criteria shall be followed for fixation of price:
(i) The year in which the price of a particular urban property was fixed, shall be taken as the base year and from that year onwards, till the date of reassessment, the price of the plot area of the urban property shall be enhanced by 10 per cent of the price already assessed per year; the price of the superstructure remaining the same. The Managing Officer shall in case where the price so enhanced does not get equated with the prevailing market price, make a report through the Settlement Commissioner indicating price so enhanced and the prevailing market price further so as to equate it with the prevailing market price.
(ii)(A) In all other cases, while fixing the market price, the following criteria will be kept in view:
(a) the value of the property in the neighbourhood.
(b) the general prevailing market price of similar urban property in that locality .
(c) in case, in a particular locality, no transaction is found to have been made, the last transaction in that locality or in the adjoining locality, be taken as the basis for assessing the market price by enhancing its price by 10 per cent per year of the amount of the last transaction.
(d) the rent of the other local properties in that particular locality.
(e) rental value, if any, as mentioned in the Municipal Property Register.
(B) The assessment of market price on the basis of the criteria specified in sub clause (A) will be made by the Managing Officer subject to approval by the Settlement Commissioner.
(C) In a case where the price of superstructure is to be fixed, it may be assessed by a Managing Officer in collaboration \"-ith the local Public Works Department authorities. The price thus fixed shall be subject to approval by the Settlement Commissioner.
(D) (i) In the case of a building plot or a site or agricultural land being used for commercial or industrial purpose, the current market price shall be assessed by the Valuation Board comprising SDO (Civil), Executive Engineer, PWD, B and R or his representative, not less than the status of an SDO., District Industries Officer and the Settlement Officer (Urban) provided the area thereof is 500 sq. Yards or above.
(ii) Additional price of the area transferable to the occupants over and above the limits of 20 Marlas and 1000 sq. Yards prescribed in clauses (i) and (ii) of para 2 above, which may be sold by negotiation by an authority authorised to do so, shall also be assessed by the above Board as laid down in clause (iii) of the said para 2.
(9) (i) Any person claiming to be entitled to the transfer of an urban property, may apply within such time as may be determined, to the Tehsildar (Sales)-cum-Managing Officer or Naib Tehsildar ( Sales )-cum- Managing Officer concerned ;
Provided that any application made after the date so prescribed shall be forwarded to the Deputy Secretary (Reh) (Chief Settlement Commissioner) who shall refer it to the Tehsildar (Sales)-cum-Managing Officer or Naib Tehsildar (Sales)-cum-Managing Officer for disposal.
(ii) Such applications shall be accompanied by an affidavit, duly attested by a Magistrate Ist Class, or Notary Public, or an Oath Commissioner, certifying the contents of the application.
10. No Officer or other person having any duty to perform in connection with valuation or sale of any urban evacuee property, or having any official connection with the Rehabilitation Department, shall either directly or indirectly bid for, or otherwise, acquire or attempt to acquire any interest in such property, except with the prior permission of the competent authority.
11. An urban evacuee property which is not transferred on the basis of possession or is not required for sale by negotiation to any cooperative Society, Government Company or local authority or to any Corporate body for a public purpose, excluding such urban evacuee agricultural land as is transferable to lessees or sub-lessees under Chapter V-A of the Displaced Persons (C & R) Rules of 1955, shall be disposed of by auction according to the procedure laid down in rule 90 of the Rules ibid,
12. This order shall supersede the order dated February 2, 1977.
Deputy Secretary to Government Punjab
Chief Settlement Commissioner, Jullundur
Dated: August 30, 1979.