URBAN EVACUEE LAND AND PROPERTY

A. Definition: Land and Property situated in urban area that is within the municipal limits.

B. Rules & Instructions:

a.Rules 8, 9, 10 & 11 of Punjab Package Deal Properties (Disposal Rules) 1976

b.Memo No. 26/60/98-LR-III/5584 dated 23/8/2001

c.Memo No. PIV/2(505) Part/9837-48 dated 13/11/1990

d.Instructions dated 28/11/1975 regarding widows of soldiers.

e.Instructions dated 30/8/1979 for disposal of urban evacuee property purchased by the state government from government of India under Administrative and Financial Arrangement of 1970

C. Methods of Disposal: The Urban Evacuee Land & Property will be disposed of in the following manner.

1.URBAN PROVINCIAL GOVT LANDS ON WHICH PUCCA CONSTRUCTION RAISED

2.TRANSFER OF URBAN PROPERTY

3.TRANSFER OF URBAN PROPERTY TO WIDOWS OF SOLDIERS ETC.

4.SALE BY NEGOTIATIONS TO GOVERNMENT DEPARTMENTS ETC.

5.TRANSFER OF URBAN EVACUEE AGRICULTURAL LAND TO LESSEES

6.SALE BY PUBLIC AUCTION

1. URBAN NAZOOL LAND ON WHICH PUCCA CONSTRUCTION RAISE

TRANSFER OF URBAN GOVERNMENT NAZOOL / EVACUEE / INFERIOR EVACUEE LAND ON WHICH PUCCA CONSTRUCTION HAS BEEN RAISED BEFORE 1/1/1996.

1. Rules / Instructions: Govt. instruction dated 23/8/2001.

2. Category: - Land of any type i.e. Government, Nazool, Evacuee and Inferior Evacuee.

-Pucca construction raised before 1/1/1996 and continuous possession since then.

-Situated within MC limit, (Para 2 of instructions dated 23/8/2001)

3. Mode of disposal- Transfer to unauthorised occupant (Para 2 of instructions dated 23/8/2001).

4.Eligibility: - -Pucca construction raised before 1/1/996 (Para 2 of instructions dated 23/8/2001).

-Continuous possession since 1/1/1996 (Para 2 of instructions dated 23/8/2001)

-Submitted application by 23/10/2001 (Para 9 of instructions dated 23/8/2001)

-Only one property can be transferred (Para 3 of instructions dated 23/8/2001)

5. Maximum area that can be allotted: -No restriction (Para 4 of instructions dated 23/8/2001)

6. Officer competent to transfer the property: - Tahsildar to recommend and SDM to allot the land. Appeal to Deputy Commissioner ( Para 7, 8, 13 of instructions dated 23/8/2001)

7. Alienation: - No restriction (Para 14, 15 of instructions dated 23/8/2001).

8. Rate and price fixation: The following rate to be charged:

(Para 4 of instructions dated 23/8/2001)

The market rate of the land will be determined by a committee headed by Deputy Commissioner. (Para 5 of instructions dated 23/8/2001)

9. Recovery: - ¼ of price within 1 month of offer of allotment.

- ¾ of price 10 six monthly installments (Para 6 of instructions dated

23/8/2001).

10. Penalty of non payment: - No allotment.

11. Remarks : (1) Pucca construction and continuous possession to be supported by Electricity, Water Bill etc. (Para 2 of instructions dated 23/8/2001)

(2)P-Rights to be given and registered after recovery of full price.(Para 14, 15 of instructions dated 23/8/2001)

Last date of applications – Dated 23/10/2001

(Para 9 of instructions dated 23/8/2001).

1.Rules/Instructions – Rule 9, 10, 11 of Package Deal Rules and Instructions dated 13/11/1990.

2.Category -Houses, shops, buildings, plots, sites or agricultural land which are being used for residential, commercial or industrial purpose.(Rule 9(a))

- Land locked urban plots unfit for independent construction and occupied by the owners of the adjoining houses. ( Rule 9(h))

3.Mode of disposal – Transfer to unauthorized occupants. (Rule 9(a),9(h))

4.Eligibility – Continuous possession since 31/12/1988

-Construction before 31/12/1988

-Submitted application by 31/1/1991

(Para (v) of instructions dated 13/11/1990)

5.Maximum area that can be allotted - Normally 500 sq yards for residential, 1000 sq yards for commercial and industrial purpose but the excess area can also be purchased at enhanced rates. (Rule9(b))

- Total area transferred shall not exceed the ceiling fixed under the Urban Land Ceiling ( Regulation) Act 1976. ( Proviso Rule 9(bb))

6.Officer competent to transfer the property – Naib Tahsildar/Tahsildar subject to the approval of Sales Commissioner. ( Rule 10(b),(c))

7.Alienation – No restriction

8.Price fixation -General Category - (1) - Market rate prevailing on the date of application for residential buildings of area upto 500 sq yards and for industrial / commercial buildings upto 1000 sq yards. (Rule 9(a),(b))

(2)General Category: For area in excess of above limits: At such additional price not exceeding 25 % of the market price for residential buildings; at such price not exceeding 50 % of the market price in case of commercial/industrial built up sites.( Rule 9(bb))

(3)SC/BC occupants: To pay 50 % of the market price for prescribed area and only the market price for the excess area. ( Rule 9(e)(i))

(4)Market price for urban properties for which price already fixed by the Settlement Organisation of GOI- To be enhanced by 10 % every year and CSC to fix it after increasing / decreasing the enhanced price so as to equate it with the prevailing market rate. ( Rule 11(i))

(5)Market price not fixed by the SO – (i)Building plot, site or agriculturalland used for residential purpose irrespective of size; Building plot, site or agriculturallandmeasuring less than 500 sq yards and being used for commercial and industrial purpose by the Tahsildar with the approval of Sales Commissioner. (Rule 11(ii)(D)(i), 11(ii)(B))

(ii) Building plot, site or agricultural land measuring 500 sq yards or more and being used for commercial and industrial purpose by the valuation board comprising of SDM, XEN PWD(BR), GM DIC, Settlement Office (urban). (Rule 11(ii)(D)(i))

(iii) Additional price of the area transferred in excess of the limits will also be fixed by the valuation board comprising of SDM, XEN PWD(BR), GM DIC, Settlement Office (urban). (Rule 11(ii)(D)(ii))

9. Recovery - Non SC/BC : 25 % within 30 days of determination of eligibility and the balance 75 % in lump sum or 3 equal 6 monthly installments. ( Rule 9(d)(i))

-SC/BC : Total price to be recovered in 12 equal 6 monthly installments. ( Rule 9(e)(ii)).

10. Penalty for non payment - Non SC/BC : Recovery as arrears of land revenue with interest if no payment within 3 months of due date. ( Rule 9(d)(iii))

- SC/BC: As arrears of land revenue with penal interest if no payment within 6 months of due date. (Rule 9(e)(iii))

11. Remarks – (1) The occupant shall have to furnish electricity meter bills, water supply connection bill, ration card in token of proof of his possession. (Annexure E with instructions dated 13/11/90)

(2)After recovery of purchase price, the purchaser will be issued a Sale Certificate, which will be registered. (Rule 13)

(3)Last date of application 31/1/1991 (instructions dated 13/11/1990)

• Rules/Instructions – Instructions dated 26/11/1975, 2/1/1976. There is no provision under the Package Deal Rules.
• Category – Plots/Houses in urban areas.

5.Mode of disposal – Allotment to:Widows of the personnel of Armed Forces, Border Security Force and Punjab Armed Police killed in the Indo-Pakistan conflict of 1971. (Instruction dated 26/11/1975)

6.Eligibility – Widows of the personnel of Armed Forces, Border Security Force and Punjab Armed Police killed in the Indo-Pakistan conflict of 1971 not owning a plot in any urban area and who has not been allotted 10 acres of agricultural evacuee land.( Para 2 of instructions dated 26/11/1975 )

• Maximum area that can be allotted – 500 sq yards : widow of commissioned officer.
  • 250 sq yards : widow of non commissioned officer

(Para 1(A)(3) of instructions dated 26/11/1975 )

• Officer competent to transfer the land – State government.
• Alienation – No alienation for 10 years. (Para 1(A)(4) of instructions dated 26/11/1975)
• Fixation of Price – Free of cost.(Instructions dated 26/11/1975 )
• Recovery-
• Penalty for non payment –

13.Remarks–

• Rules/Instructions – Rule 9(f) of Package Deal Rules, Para 3C of FCR SO 28
• Category – Land and urban properties situated in urban areas.

3.Mode of disposal – Sale to government departments, semi government departments, cooperative societies, corporate bodies, local authority.( Rule9(f) )

4.Eligibility –All the above bodies.

5.Maximum area that can be allotted –No restriction.

• Officer competent to transfer the land – FCR : if no objection from the either department.- CMM/CM: in case of dispute/objection and in case land is being transferred free of cost to departments from whom payment should be taken. (Para 6 of FCR SO 28)
• Alienation – No restriction.
• Fixation of Price –
  • Land will be transferred free of cost to the Punjab government departments (except departments of colonization, irrigation, power)

• Market rate from Central Government Departments and Departments of Colonisation, Irrigation and Power of Punjab Government. (Para 6A-1, 6A-2 of FCR SO 28)

• Market rate from PSUs/ MCs/ ITs/ to other bodies.

• The market price will be the current price to be determined by DC if the price worked out is less than or equal to Rs. 10 lac, when it exceeds Rs. 10 lac but is upto Rs. 50 lac by the Divisional Commissioner and when it exceeds Rs. 50 lac then by the Financial Commissioner Revenue. (Para 3 (i) (ii) of instructions dated 4/9/84)

• Recovery – Lump sum where required.
• Penalty for non payment –

11.Remarks -

• Rules/Instructions – Chapter V of DPCR Rules

2. Category – Agricultural lands covered under 1970 agreement, in urban areas and leased out to displaced persons.

3. Mode of disposal – Transfer to lessee/sub lessee for value upto Rs 10,000. The lessee/sub lessee has to be a displaced person.

2.Eligibility –Lessee/Sub lessee who is a displaced person and in possession since 1/1/1956 as lessee/sub lessee.

3.Maximum area that can be allotted –For value Rs 10,000.

• Officer competent to transfer the land – Regional Settlement Commissioner.
• Alienation – No restriction.
• Fixation of Price – To be assessed by an officer appointed by the Regional Settlement Commissioner.
• Recovery – Lump sum at the time of transfer.
• Penalty for non payment –

9.Remarks – It is necessarythat the applicant is lessee/sub-lessee and a displaced person. The applicant should be asked to give an affidavit to the effect that he was a displaced person. In addition he be asked to produce refugee card, copy of claim/verified claims etc. (Instruction dated 17/7/1974)

1.Rules/Instructions - Rule 8,9(g), 9(h)of Package Deal, Rule 19 of DPCR)

2.Category – (1) Urban evacuee land and property not transferred to unauthorized occupants and not sold to government departments etc.

1.Land locked urban plots the possession of which is disputed. ( Rule 9(g),(h))

3.Mode of disposal -Open public auction. ( Rule 8, 9(g), 9(h)

4.Eligibility – Any one can participate in the auction.

5.Maximum area that can be transferred –10 acres including own land holding (Section 4 of Package Deal Act).

6.Officer competent to transfer the land - The Tahsildar / Naib Tahsildar to conduct the public auctionand the bid to be confirmed by the Sales Commissioner. ( Rule 8(a), 8(h), 8(j))

7.Alienation - No restriction

8.Price fixation – (1) Reserve price to be fixed. (Rule 8(f))

(2)Market price for urban properties for which price already fixed by the Settlement Organisation of GOI- To be enhanced by 10 % every year and CSC to fix it after increasing / decreasing the enhanced price so as to equate it with the prevailing market rate. ( Rule 11(i))

(3)Market price not fixed by the SO – (i) Building plot, site or agricultural land used for residential purpose irrespective of size; Building plot, site or agriculturallandmeasuring less than 500 sq yards and being used for commercial and industrial purpose by the Tahsildar with the approval of Sales Commissioner. (Rule 11(ii)(D)(i), 11(ii)(B))

(4)Building plot, site or agricultural land measuring 500 sq yards or more and being used for commercial and industrial purpose by the valuation board comprising of SDM, XEN PWD(BR), GM DIC, Settlement Office (urban). (Rule 11(ii)(D)(i))

(5)The reserve price of urban land, plot or site which is not being used for residential, commercial or industrial purpose shall be assessed by a district level committee headed by the DC/ADC and comprising SDM, DDLG. The reserve price so assessed will be approved by the Divisional Commissioner. ( Rule 11(ii)(D)(iii))

9.Recovery - 20 % of the bid at the time of auction and remaining 80 % within 15 days of the confirmation. (Rule 8(h), (k))

10.Penalty for non payment – Forfeiture of earnest money (20 %)and reauction.(Rule 9(l))

11.Remarks –(1)Sale certificate to be issued after full payment. (Rule 14)

(2)The urban evacuee land should be sold by carving out plots of 300 sq. meter for residential purposes and above 300 sq meter site for commercial purposes. (Instructions dated 29/7/1988, Para V (e) of instructions dated 13/11/1990).

(3)Rule 8(d) leaves it to the discretion of Tehsildar to give advertisement in the press but instructions dated 17/2/1989 make it mandatory that every sale be advertised in at least 2 newspapers.