E
© Govt.of Haryana
No. 128–2021/Ext.] CHANDIGARH
REVENU
No. 8719-CFMS-R-5-2021/5727.—
1.
This policy may be called the
including Boards and Corporat
2.
(i)
It is observed that lan
especially those living a
middle man in the mark
(ii) As a result of above me
lot of difficulty in makin
day to day needs espec
power sub-stations, co
including universities, m
(iii) Many Departments of t
Acquisition Act, 1894 (
required by them. Cons
single Department to co
state for other departmen
(iv) There are provisions in m
of the State Governm
Disposal) Act, 2008 (H
1956, The Punjab Villag
1961) and rules framed
Departments including
provisions and in the ab
desired manner.
(1975)
EXTRAORDINARY
Published by Authority
H, TUESDAY, AUGUST 10, 2021 (SRAVANA 19, 1
HARYANA GOVERNMENT
UE & DISASTER MANAGEMENT DEPARTMENT
Notification
The 10th August, 2021
policy for creating Land Bank for the Government De
tions.
ndowners at times have to make distress sale of t
abroad due to slump in market or due to pandemic, pr
ket or various plethora of reasons.
ntioned reasons, the State Government has been exper
ng land available to the various Departments of the Sta
ially in providing land for essential services i.e. wat
olleges and other specialized institutions of higher
medical colleges & other hospitals and polytechnics etc
the Government have acquired land long ago under
(Central Act 1 of 1894) and some part of the said la
equently, in the absence of a well-defined policy, ther
onsolidate the same, so as to provide a land bank for
nts etc.
many of the statutes/rules to utilize the land by the De
ment viz the Haryana Evacuee Properties (Manag
Haryana Act No.7 of 2008), the Nazul Land (Transf
ge Common Land (Regulations) Act 1961 (Punjab Act
d thereunder for transferring/selling the land to Go
Boards and Corporations. Yet, no heed was given
bsence of the same, the land bank could not be crea
1943 SAKA)
epartment
Short title
their land
ressure of
riencing a
ate to cater
ter works,
r learning
c.
the Land
and is not
re is not a
the entire
epartments
gement &
fer) Rules,
No. 18 of
overnment
n to such
ated in the
Introduction
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.
HARYANA GOVT. GAZ. (EXTRA.), AUG. 10, 2021(SRVN. 19, 1943 SAKA)
1977
(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.
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(iii) 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.
Procedure
1978
HARYANA GOVT. GAZ. (EXTRA.), AUG. 10, 2021 (SRVN. 19, 1943 SAKA)
Annexure A
Land and Rate Scrutiny Committee
1.
Administrative Secretary to Government Haryana, Urban Local Bodies
Department.
Chairperson
2.
Director, Urban Local Bodies, Haryana
Member
3.
Director, Development and Panchayats, Haryana
Member
4.
Secretary/Special Secretary Revenue
Member
5.
Director, Land Records, Haryana
Member Secretary
6.
Head of the Department concerned
Member
7.
Deputy Commissioner(s) of the concerned District
Member
8.
District Revenue Officer of the concerned District
Member
HARYANA GOVT. GAZ. (EXTRA.), AUG. 10, 2021(SRVN. 19, 1943 SAKA)
1979
Annexure B
Land Bank Committee
1.
Financial Commissioner Revenue and Additional Chief Secretaryto
Government Haryana, Revenue and Disaster Management Department.
Chairperson
2.
Administrative Secretary to Government Haryana, Urban Local Bodies
Department
Member
3.
Administrative Secretary to Government Haryana, Industries and Commerce
Department
Member
4.
Administrative Secretary to Government Haryana, Town & Country Planning
and Urban Estates Department
Member
5.
Administrative Secretary, Development and Panchayats Department
Member
6.
Head of Department(s) concerned
Member
7.
Director, Land Records, Haryana
Member Secretary
8.
Representative of Finance Department, Haryana
Member
9.
DeputyCommissioner(s)oftheconcerned District
Member
Note:
The Chairperson may co-opt/invite any other officer/expert to be a member of the committee to participate
in its meeting.
1980
HARYANA GOVT. GAZ. (EXTRA.), AUG. 10, 2021 (SRVN. 19, 1943 SAKA)
Annexure C
High Powered Land Bank Committee
1.
Chief Minister, Haryana
Chairperson
2.
Revenue Minister, Haryana
Member
3.
Finance Minister, Haryana
Member
4.
Urban Local Bodies Minister, Haryana
Member
5.
Development & Panchayats Minister, Haryana
Member
6.
Industries & Commerce Minister, Haryana
Member
7.
Financial Commissioner Revenue and Additional Chief Secretary to
Government Haryana, Revenue and Disaster Management Department.
Member
8.
Administrative Secretary to Government Haryana, Urban Local Bodies
Department
Member
9.
Administrative Secretary to Government Haryana, Industries &
Commerce Department
Member
10.
Administrative Secretary to Government Haryana, Town & Country
Planning and Urban Estates Department
Member
11.
Administrative Secretary, Development &Panchayats Department
Member
12.
Special Secretary Revenue/ Director, Land Records, Haryana
Member Secretary
Note: The Chairperson may co-opt/invite any other officer/expert to be a member of the committee to
participate in its meeting.
HARYANA GOVT. GAZ. (EXTRA.), AUG. 10, 2021(SRVN. 19, 1943 SAKA)
1981
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.