Modes of Disposal of Land
There are following modes of disposal of land:-
- By auction
- By negotiation
- By allotment
- By transfer to the unauthorized occupants
1. By Auction
The rural evacuee agricultural land exceeding one acre is disposed of amongst the members of Scheduled Castes in restricted auction 12-1/2% of the highest bid is recovered as earnest money at the time of auction and the balance is recovered in 15 half yearly interest free instalments. The instalments starts after one year of the delivery of the possession. The land purchased in restricted auction cannot be alienated for a period of 10 years from the date of confirmation of the auction by the competent authority. The Scheduled Castes persons of Haryana are only eligible to participate in such restricted auctions. A Scheduled caste family can purchase land upto 5 standard acres including own holding, if any. No stamp duty is charged from such scheduled caste persons who purchases the land in restricted auction.
Rural land less than one acre and urban land is sole in open auction in which everyone can participate. 1/4th of the highest bid is recovered as earnest money and the balance is recovered within one month after confirmation of auction.
Every auction is conducted after its reserve price has been fixed. Prior to 1996 the reserve price for the purpose of auction was being fixed by the State Government in terms of Standard acres for the entire state but it was not considered realistic as it did not depict the market price. In 1996 Committees were constituted for each district under the Chairmanship of Divisional Commissioners to recommend the reserve price to the Government for the purpose of auction. Thereafter in 2001 it was decided that reserve price so fixed by the Committee and approved by the Government be increased by 5% annually subject to the condition that if the reserve price so increased is less than Collector rate for the said land then the said reserve price be got re-fixed from the Committee. Guide lines were also issued to the Committee that while determining the reserve price it shall take into consideration the prevailing market price, potential for commercial/industrial, relative location, kind of soil, and other relevant factors which may have bearing on the price. Fresh guide lines were issued to the field staff so that the auction are conducted in a transparent manner and more revenue is generated for the State. In 2006 fresh instructions have been issued that collector rates or 5% annual increased rates, whichever is higher, be adopted as reserve price. On the basis of this new pattern auctions were conducted but Govt. have stayed the auction in March 2007.
2. By Negotiation
As per policy of the Government rural/urban lands and properties are also transferred to the Government Departments/ Boards/ Corporations/ Gram Panchayats and other Registered Institution at the price fixed by the Committee headed by Divisional Commissioner. In order to transfer the land under this scheme to Private Institution, Government have also framed a policy on16.9.2002 according to which the application for transfer of land by the said Private Institution is required to be given to Tehsildar (Sales) concerned and thereafter it was to be considered by Deputy Commissioner for final recommendation to the Government for transfer of the land. All such proposals required approval of the Government.
3. By Allotment
At the initial stage the main function of the Department was to resettle the Displaced Persons who migrated from Pakistan . This work almost completed by the year 1961 but certain claimants remained unsatisfied and the land was being allotted to them. Such allotments were made under the provisions of Displaced Persons (Compensation & Rehabilitation) Act. The Government has imposed a ban on allotment on 21.6.2006. Now the Parliament have repeated the Displaced Persons (Compensation & Rehabilitation) Act 1954 and other connected Acts and Government of India have issued Notification on 6.9.2005 for repealing of the said Acts. With the repealment of the Act, the powers which ere being exercised by the authorities have ceased to exist and now there is no authority to allot the land and to dispose of the lands and properties which were earlier being disposed off under the provisions of Displaced Persons (Compensation & Rehabilitation)Act, 1954. The Government of India have also conveyed the opinion of ministry of law that after repealment of the Act the proceedings pending under the Act have come to an end. The opinion of Ministry of Law has also been affirmed by the L.R. Haryana.
The State Government had constituted a Cabinet Sub-Committee under the Chairmanship of Hon’ble Revenue Minister to frame the State At for the disposal of evacuee lands and properties. The said committee has finalized the draft Act. The Draft Act has also been vettedby LR and the same has been submitted to the Government for final approval.
Thus in view of the repealment of the Act urban properties are not being disposed off because there are no authority to dispose of such properties and the disposal will be taken up after the enactment of the said Act.
4. By Transfer To The Unauthorised Occupants.
The State Government have framed a policy for transfer of land to the unauthorized occupants on 1-11-2001 . The sailent features of the new policy were that all the rural/urban evacuee agricultural lands which were under continuous unauthorized occupation since Kharif 1947, Kharif 1985 & Kharif 1995 can be transferred to the unauthorized occupants at 20%, 40% and 60% of the market price respectively. The market price was to be fixed by a Committee headed by Divisional Commissioners. Unauthorized occupants of urban/rural, houses/sites who were occupying these properties since 1.1.1995 or earlier can also get the properties transferred in their name at the pr5ice to be fixed by the Government. The unauthorized occupants of rural agricultural land were required to pay the sue and occupation chares fixed by the Government from time to time whereas the unauthorized occupants of houses/sites were required to pay 10% of the total price of the site as use and occupation charges. The evacuee lands and properties which were under unauthorized occupation of Haryana Government Departments, panchayat etc. and were being used for public purposes were to be transferred to them free of cost. The unauthorized occupants of all categories of land belonging to Scheduled Castes were given 25% concession in price. The unauthorized occupants were required to apply for transfer of land upto 28.2.2002. The prices of the land were to be recovered in10 equal half yearly instalments and in case of default in payment of instalment 18% per annum interest was to be charged 10% rebate in total price was admissible to the persons who agreed to pay balance amount in lump-sum with in 30 days.