Alienation Procedure

DESCRIPTION:
                           Powers of alienation
                           Procedure for alienation of State Land
                           Records to be enclosed along with the proposal
                           Transfer of State Govt. Lands from one Dept. to another

                   Alienation of land means grant of State land for bonafide public purposes to a person, institution or local body either free of cost or on payment of full or concessional market value.

                   Under Board Standing Orders (BSO) 24 Government Land is given to a local authority for un-remunerative public purpose without any charges.  In case pf grant to local authority for remunerative public purposes and of grant to a Company, private Individual or institutions for any public purposes the market value will be collected. According to BSO 22 (8) the Collector is empowered to transfer any extent of State Government Land to any other State Government or Central Government irrespective of extent and value. After the alienation process is over, the Assistant Director, Survey & Land Records {AD (S & LR)} will send Supplementary Sethwar and Final Check Memo to the Mandal Revenue Officer (MRO) to make necessary changes in revenue records.

                   Applications have to be made in the form prescribed in Appendix XXIX to B.S.O 24. The provisions contained in B.S.O.24 and the instructions issued by the Government from time to time have to be followed. For alienation of land within the Municipal areas the resolution of the Municipal Council/Corporation is necessary. The lands alienated can be resumed in case of infringement of any of the conditions of the grant.

POWERS OF ALIENATION :

Competent Authority

Competent To Local Bodies Authority i.e. Gram Panchayats, Mandal Parishads, Zilla Parishads, Municipalities, Municipal Corporations.

Companies, Pvt. Industries, Private Associations Corporations and Individuals

1. COLLECTOR

Market Value Rs.5.00 lakhs or upto Ac 5-00 Cents whichever is less Where no conversion of tank bed lands involved
(G.O.Ms. 725 Rev. Dt. 19-9-98)

1. For individuals Market Value upto Rs.10,000/- and upto Acs 0-25 Cts whichever is less

2. CCLA

Market Value beyond Rs. Five lakhs or above Ac.5.00 whichever is less

 

3. GOVERNMENT

: All other cases.

 

(G.O.Ms.No.635 Revenue (Assignment. III) Department dt.2-7-1990)

Competent authority

Industrial use and State Corporation.

Collector

Market value upto Rs. 2.0 Lakhs and an extent of upto Ac.10-00

CCLA

Market Value upto Rs.10.00 Lakhs and an extent of Ac. 10-00 (G.O. Ms. No. 252, dt. 9-4-98)

            The Collector and the Chief Commissioner, Land Administration are empowered to permit to enter the land, pending sanction for formal alienation only in cases where they are competent to sanction the alienation.

            No land shall be alienated to any alienee without the orders of the Government irrespective of its value. Proposals for grant of land to individuals for services rendered to the State, or to be performed to the community, shall be submitted to Government.

           Patta lands can be acquired at the cost of private institutions/Associations under L.A. Act for educational or other bonafide public purposes. After acquisition, such land shall be alienated to the Requisitioning institution/ Association concerned through an order under B.S.O.24 para 6 (ii).

           The Government have instructed that except lands for Agricultural purposes all other cases should be referred to Government.

Procedure for Alienation of State Land :

           On receipt of application for alienation of land, the land should be identified and if it is free from encroachments and if it is not proposed for other purposes previously:- A-1 notice calling for objections within 15 days should be published in the village and to be served on the Local Body concerned. Objections received, if any, shall be disposed off on merits. If the land applied for belongs to any department other than the Revenue Department, it should be got handed over to the Revenue Department first before alienating the land. If it is within a belt of one mile to the town-ship, Heads of Departments and Housing Board are to be consulted.

The following records duly attested by MRO are to be enclosed to the alienation proposals :

  1. Application in prescribed form (BSO 24 Appendix XXIX)

  2. Resolution of the local body agreeing to the alienation.

  3. Scrutinised sub division record in triplicate.

  4. Combined sketch showing the land applied for alienation and the adjoining lands.

  5. Check Memo duly answered.

  6. Extract of 'A' register / Settlement Fair Adangal and Village Account No.3.

  7. Note on the valuation of the land with registration statistics and statistics from basic value register.

  8. Tree valuation statement if there are standing trees.

  9. Consent statement of the applicant agreeing to pay the value of the trees and structures on the land.

  10. Permission of the Railway or Port Authorities, as the case may be, if the land is situated within half a mile from railway line or port limits.

  11. Consent letter of the applicant to pay the cost of Acquisition, if the land applied for was previously acquired at the expense of the Government.

  12. Application for waiver of land Revenue if the alienation is for non-remunerative purpose (BSO.Appx XXX)

  13. In Municipal areas the consent of the Municipal Commissioner.

  14. Notes of Inspection

NB :

  1. With regard to alienation of tank bed lands or other irrigation sources the procedure prescribed by the CCLA should be followed. The alienation proposal should be accompanied by check Memo.

  2. After issue of orders by competent authority, after handing over possession of the land on collection of land value if any, the changes in the Mandal/Village records have to be incorporated.

  3. It is also to be checked, whether cases of alienation done in the past were incorporated after duly verifying the state of things on ground, and inform the Collector.

Transfer of State Govt. Lands from one Dept. to another:

A) Under B.S.O. 22 Para 8, the Collectors are empowered to transfer Govt. lands from one Dept. to another subject to the following conditions:

  1. That there are no requests for the land from another Govt. dept. besides the one to which it is proposed to be transferred;

  2. That the land is not transferred to a Commercial Govt. Dept.,

  3. That only vacant land is involved

  4. That in every case, where the land is taken away from the Control of one Dept. to another, the consent of the Head of the Dept. concerned is obtained before the transfer is effected;

  5. That the competent authority, viz., the Collector ensures that the purpose for which the land is transferred is fulfilled in a reasonable time otherwise the orders of the transfer should be revoked and the land can be resumed by the Rev. Dept.

B) Under B.S.O. 23 para 1, the Collectors are empowered to transfer State Govt. lands to Railways and other Central Govt. Depts. for bonafide purpose upto value of Rs. 25,000/- or upto Ac.0-50 cents, whichever is less (G.O.Ms.No. 635, Rev. Assignment. Dept., Dt. 2-7-90) on permanent basis on payment of Market Value.

ACTS

1. The Andhra Pradesh (Telangana Area) Alienation of State Lands and Land Revenue rules. 1975

2. Board Standing Orders