Policy for creating Land Bank for the Government Department including Boards and Corporations

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EXTRAORDINARY

EXTRAORDINARY

Published by Authority

© Govt.of Haryana

No. 128–2021/Ext.] CHANDIGARH,

CHANDIGARH, TUESDAY, AUGUST 10, 2021 (SRAVANA 19, 19

, 1943 SAKA)

HARYANA GOVERNMENT

REVENUE & DISASTER MANAGEMENT DEPARTMENT

REVENUE & DISASTER M

Notification

The 10th August, 2021

No. 8719-CFMS-R-5-2021/5727.—

This policy may be called the policy for creating Land Bank for the Government Department Short title This policy may be called the policy for creating Land Bank for the Government Department 1. This policy may be called the policy for creating Land Bank for the Government Department including Boards and Corporations. including Boards and Corporations.

Introduction It is observed that landowners at times have to make distress sale of their land It is observed that landowners at times have to make distress sale of their land 2. (i) It is observed that landowners at times have to make distress sale of their land especially those living abroad due to slump in market or due to pandemic, pressure of especially those living abroad due to slump in market or due to pandemic, pressure of especially those living abroad due to slump in market or due to pandemic, pressure of middle man in the market or various plethora of reasons. middle man in the market or various plethora of reasons.

ve mentioned reasons, the State Government has been experiencing a (ii) As a result of above mentioned reasons, the State Government has been experiencing a ve mentioned reasons, the State Government has been experiencing a Departments of the State to cater lot of difficulty in making land available to the various Departments of the State to cater lot of difficulty in making land available to the various for essential services i.e. water works, day to day needs especially in providing land for essential services i.e. water works, day to day needs especially in providing land power sub-stations, colleges and other specialized institutions of higher learning stations, colleges and other specialized institutions of higher learning stations, colleges and other specialized institutions of higher learning including universities, medical colleges & other hospitals and polytechnics etc. including universities, medical colleges & other hospitals and polytechnics etc. including universities, medical colleges & other hospitals and polytechnics etc.

(iii) Many Departments of the Government have acquired land long ago under the Land Many Departments of the Government have acquired land long ago under the Land Many Departments of the Government have acquired land long ago under the Land Acquisition Act, 1894 (Central Act 1 of 1894) and some part of the said land is not Acquisition Act, 1894 (Central Act 1 of 1894) and some part of the said land is not Acquisition Act, 1894 (Central Act 1 of 1894) and some part of the said land is not required by them. Consequently, in the absence of a well-defined policy, there is not a policy, there is not a required by them. Consequently, in the absence of a well a land bank for the entire single Department to consolidate the same, so as to provide Department to consolidate the same, so as to provide a land bank for the entire state for other departments etc. state for other departments etc.

(iv) There are provisions in many of the statutes/rules to utilize the land by the

There are provisions in many of the statutes/rules to utilize the land by the Departments Departments of the State Government viz the Haryana Evacuee Properties (Management & (Management & of the State Government viz the Haryana Evacue Land (Transfer) Rules, Disposal) Act, 2008 (Haryana Act No.7 of 2008), the Nazul Land (Transfer) Rules, Disposal) Act, 2008 (Haryana Act No.7 of 2008), the Nazul Act 1961 (Punjab Act No. 18 of 1956, The Punjab Village Common Land (Regulations) Act 1961 (Punjab Act No. 18 of 1956, The Punjab Village Common Land (Regulations) 1961) and rules framed thereunder for transferring/selling the lan d to Government 1961) and rules framed thereunder for transferring/selling the land to Government Departments including Boards and Corporations. Yet, no heed was given to such Departments including Boards and Corporations. Yet, no heed was given to such Departments including Boards and Corporations. Yet, no heed was given to such the same, the land bank could not be created in the provisions and in the absence of the same, the land bank could not be created in the provisions and in the absence of desired manner.

(1975)1976 HARYANA GOVT. GAZ. (EXTRA.), AUG. 10, 2021 (SRVN. 19, 1943 SAKA) (v) In case, there is surplus land in the land bank by examining all the necessities including future needs of all the Departments of the Government and Boards & Corporations, especially land purchased from a landowner by the Government for this land bank to minimize distress sale of land, the Government can dispose of the same in a transparent manner by e-auction.

To achieve the above objective, there is need to frame a policy in the matter.

Definitions 3. In this policy unless the context otherwise requires means:

(i) "Land Bank" as per explanation given in section 101 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013), means a governmental entity that focuses on private land to be purchased under the policy, the conversion of Government owned vacant, abandoned, unutilized acquired lands.

(ii) "Land and Rate Scrutiny Committee" means a committee to scrutinize the offer made by the landowner/farmer and to examine the same in the context of prevailing Fair Value (Collector) rates specified under Indian Stamp Act, 1899 (Central Act No. II of 1899) and various lands available or likely to be available in the land bank, (constitution of committee at Annexure A).

(iii) "Land Bank Committee" means a committee to consolidate the recommendation of Land and Rate scrutiny Committee as well as unutilized acquired land of various Government Departments and its Boards/Corporations including land available for transferring to Government Departments etc. under various statutes/rules/standing orders, (constitution of committee at Annexure B).

(iv) "High Powered Land Bank Committee" means a committee to take a decision about transferring unutilized acquired land of various Government Departments and its Boards/Corporations including land available for transferring to Government Departments etc. under various statutes/rules/ standing orders, besides, auctioning of unutilized land, if any, and to finalize the purchase of land of private persons, (constitution of committee at Annexure C).

Creation of Land Bank

4. (i) The unutilized land of various Government Departments and their entities i.e., Boards and Corporations shall be clubbed at one place under the Revenue and Disaster Management Department as a Nodal Department.

(ii) In the Haryana Evacuee Properties (Management and Disposal) Act, 2008 (Haryana Act No. 7 of 2008) and the Haryana Evacuee Properties (Management and Disposal) Rules, 2011, wherein, there is provision of Sale through negotiation to any Department of the State Government and Boards & Corporations, Nazul Land (Transfer) Rules, 1956 to retain it within municipal limit and upto two miles beyond thereof by the Revenue Department for its own schemes/projects and if not needed by it, it can be transferred to other Government Departments. Hence, a land bank of these two categories of land shall be maintained by the Revenue Department, being Nodal Department also.

(iii) In the Punjab Village Common Land (Regulations) Act, 1961 (Punjab Act No.18 of 1961) and the Punjab Village Common Land (Regulations) Rules, 1964, wherein, there is provision of selling land in 'shamilatdeh' vested in a panchayat for office building of any Government Department, Government owned companies and Public Sector Undertakings, all the Departments including Boards & Corporations shall endeavor to explore such lands and Revenue Department shall put up all such lands in the land bank for their optimum utilization.

(iv) In the Haryana Municipal Act, 1973 (Haryana Act No. 24 of 1973) and the Haryana Municipal Corporation Act, 1994 (Haryana Act No. 16 of 1994), wherein there is provision of transferring the immovable property to the State Government, all the Departments including Boards & Corporations shall endeavor to explore such lands and Revenue Department shall put up allsuch lands in the land bank for their optimum utilization.

(v) To prevent distress sale of land by farmers, it shall be optional for the farmers to apply on online portal of the Director Land Records to make offer of his land in the State of Haryana by giving complete details of land including negotiable price of the same. Further, Revenue Department shall keep it in the said land bank for present or future requirements of all the Departments of the Government and Boards & Corporation and shall transfer to them as per relevant rules/standing orders/ policies including price thereof, if any.

Note: It is made clear that this is an offer and this should not be considered as a commitment to purchase the land of private individuals for land bank or any other specific project. The provision of Land Bank is made to remove the fear of distress sale due to any contingency on the part of landowner as well as market trends.

Procedure 5. Landowners deciding selling their land to avoid distress sale due to any eventuality including market trends can offer to obtain a competitive price from the Government for its present & future needs for providing essential infrastructure including future projects to create a land bank. The procedure for the same shall be as under: -

(i) Online portal for taking offers: An online portal shall be created by the Director Land Records, so as to enable the land owners/farmers to make offer to sell his land at any time by mentioning land details in the columns mentioned in the portal.

(ii) Verification by Revenue team of the Directorate:

a. The title of the property including ownership, khasra numbers shall be verified online from the Web-HALRIS portal by the officers/officials of the Directorate. It is to be ensured that the offer of land is in complete khasra number(s) with specific karukan (length & breadth i.e. field book) and not in share in any manner, as per ownership column of the jamabandi.

b. The Directorate of Land Records shall upload details of lands of various Government Departments, and their entities i.e. the Boards and Corporations, Panchayat Deh and Municipal Bodies in all the revenue estates of the State by taking the assistance of Asset Management Cell of the Department etc. so as to examine the feasibility of making optimum use of such lands in accordance with the relevant statutes, rules and policies applicable.

(iii) Examination by land and Rate Scrutiny Committee: This Committee shall examine the report made by the O/o Director, Land Records. This Committee shall ensure that there is no court case pending on the land being sold and shall finalize the offers as early as possible so as to enable to inform the landowner/farmer about the decision taken within a maximum period ofsix months from the date of offer made. Further, this committee shall make recommendation regarding creating land bank out of the lands mentioned in para 5(ii)(b).

(iv) Principal Decision of Land Bank Committee: This Committee shall finalize in principle the land offers made by the farmers for creating a land bank as well as mentioned in para 5(ii i) and making recommendation to High Powered Land Bank Committee by having detailed deliberations keeping in view the immediate and future needs of the Government as well as a land bank.

(vi) Effecting the purchase of land and disposal thereof:

a. Upon clearance by the Land Bank Committee, the offer made by the land

owners/farmers shall be placed before the High Powered Land Bank Committee.

b. Immediately after finalization of land purchase, a sale deed shall be got executed in favour of State Government in the Revenue Department by taking possession thereof simultaneously by the Deputy Commissioner concerned. This will be a part of land bank.

c. If the land purchased from private individuals is not required for a long time, this committee can take decision to e-auction it by a transparent manner, so as to be in unison with the State Revenue, on the recommendation of Land Bank Committee after exploring all possibilities of present and future requirements of various Departments of Government including Boards & Corporations etc.

Annexure A

Annexure B

Note: The Chairperson may co-opt/invite any other officer/expert to be a member of the committee to participate in its meeting.

Annexure C

Note: The Chairperson may co-opt/invite any other officer/expert to be a member of the committee to participate in its meeting.

Summary flow Chart

Land and Rate Scrutiny Committee

Land Bank Committee

High Powered Land Bank Committee

Used Not Used

Project etc. e-auction

SANJEEV KAUSHAL, Financial Commissioner Revenue and Additional Chief Secretary to Government, Haryana, Revenue and Disaster Management Department.

9269—C.S.—H.G.P. Pkl.