Urban Land Ceiling
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the urban land

(ceiling and regulation)

act, 1976

introduction

URBAN LAND CEILING

India is the second largest populated country in the world and stands next only to China in terms of population. The population of the country is growing rapidly, leading to unemployment in the rural areas. As a result the rural population has been migrating to the urban areas in search of employment. At the same time the urban population also is growing at a phenomenal rate. Unfortunately, the land does not grow in proportion to the growth in population. Further, a peace loving country like India does not expand its territory by annexation or conquest which are forbidden by International law. Therefore it becomes inoperative for the State to accommodate the ever growing population within the area available. Since the density of population in urban area is more compared to the density in rural areas, the land became scarce, in urban areas and cities. Another reason for this undesirable development is the concentration of more land only in a few people thereby depriving others of their due share.

The Indian constitution provides in Art. 38 that the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social economic and political, shall inform all the institutions of the natural life1 and "in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different arrear in different vocations."2 Therefore, the state has realised the need to eliminate the inequalities in status, and facilities among the individuals residing in different areas in different vocations, consequently It has been considered necessary to take measures for exercising social control over the scarce resource of urban land with a view to ensuring its equitable distribution among the various sections of

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1.    Article 38 (2).

2.    Ibid.

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the society and also avoiding speculative transactions relating to land in urban agglomerations.

"Land' is a state subject, as per the scheme of distribution of legislative powers under the Indian Constitution therefore, only the states can make laws in respect of the urban land during normal times. However with a view to ensuring uniformity in approach, the Government of India had addressed the State Government in this regard and eleven States including the state of Andhra Pradesh have passed resolutions under Article 252(1) of the constitution empowering the parliament to undertake legislation in this behalf. The parliament had passes the urban land (Ceiling & Regulation) Act, 1976 which has the following objectives.

Objectives of the Act :--The Act is primarily intended to achieve the following objectives :

(i) to prevent the concentration of urban property in the hands of few persons and to arrest the speculation and profiteering in the urban property;

(ii) to bring about socialisation of urban land in urban agglomerations to subserve the common good by ensuring its equitable distribution;

(iii) to discourage construction of luxury housing leading to cospicuous consumption of scarce building materials and to ensure equitable distribution and utilisation of such materials; and

(iv)   to secure orderly urbanisation; The Act provided for the following

(i) imposition on ceiling on both ownership and possession of vacant land in urban agglomerations. The ceiling would be on the basis of classification of urban agglomeration.

(ii) acquisition of the excess vacant urban land by the state governments. The Governments are conferred the powers to dispose of the vacant land to subserve common good;

(iii) payment of an amount for acquisition of land in excess, in cash and bonds;

(iv) granting exemptions in respect of certain specific categories of vacant land;

(v) regulating the transfer of vacant land within the ceiling limit

(vi)   regulating the transfer of urban land or construction of future residential buildings; and

(vii)   restricting the plinth area for the construction of future residental buildings; and

(viii) other procedural matters.

A reference to the main provisions of the Bill and the Act, throws some light on the scheme of the Act. Some of the expressions used in the preamble and the statement of aims and objects shows that they have been borrowed from Article 39, clauses (b) and (c).

The Constitution of India, containing a very important directive principle of state policy. Article 39, clauses (b) and (c) read as under:

Article 39 : Certain principles of policy to be followed by the State :-The State shall, in particular direct its policy towards securing—

(a)   ..............

(b)   that the ownership and control of the material reasources of the community are so distributed as best to subserve the common good;

(c)   that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment...

Therefore the Act gives effect to the above two Directive principles namely (i) Distribution of ownership and control of the material resources of the community, to subserve common good; and (ii) to prevent the concentration of wealth in the hands of few. The legislation sets the limit beyond which no person will be entitled to hold urban land.

The examination of the relevant provisions of the Act shows a clear intention of the legislation and reveals a dfinite scheme. It has to be admitted that the provisions of the Act as are drafted have not succeeded in translating into words the clear intention of the legislature and to that extent the Act is an inelegant and confused piece of drafting. However, since the intention is clear, a harmoniouss reading of all the provisions consistent with that intention is necessary to interpret and understand each of the said provisions. The intention of the legislature is to acquire all vacant land in excess of the ceiling limit prescribed by the Act and the main purpose of the Act, as stated earlier, is three-fold, viz., (i) to prevent concentration of the urban land in the hands of a few

persons and to prevent speculation and profiteering therein; (ii) to distribute the urban land equitably and (iii) to regulate the construction of buildings on the urban lands.1

Application of the urban land (ceiling and Regulation) Act, 1976 :—The parliament has no power to make lows for the States, on the matters in the state list except as provided in Articles 249 and 250 of the Constitution. However under Article 252 (1) of the Constitution, two or more state legislations may pass resolutions to authorise the parliament to pass a legislatures on a state subject. In pursuance of clause (1) of Article 252 resolutions have been passed by all the Houses of the Legislatures of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh, and West Bengal requesting the parliament to legislate in respect of urban land and the parliament has accordingly passed the Act of 1976. The Act came into force in these states on 17-2-1976, when the Act received the assent of the president.

The following states have adopted the Act subsequently on the dates mentioned against them.

State                                Date of adoption

Assam                                          25-03-1976

Bihar                                           01-04-1976

M.P.                                              09-09-1976

Manipur                                       12-03-1976

Meghalaya                                   07-04-1976

Rajasthan                                    09-03-1976

However, unfortunately, public opinion is nearly unanimous that the Act has failed to achieve what was expected of it. On the other hand, it has pushed up the land prices in urban areas to unconscionable levels and practically, brought the housing industry to stop and provided copious opportunities for corruption. The centre as well as a few states felt that there is a wide clamour for removing this most potent clog on housing. Since, the parliament has no power to repeal or amend the Act by itself, unless resolutions are passed by two or more states as required under Article 252(2) of the

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1.    S. Vasudeva vs. State of Karnataka, (1993) 3 SCC 467 at p. 483.

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Constitution, It had to wait till the legislatures of Haryana and Punjab have passed resolutions empowering parliament to repeal the Acts in those States in 1998.

In pursuance of the resolutions passed for the punjab and Haryana legislatives, the president has promulgated the Urban Land (ceiling and Regulation) Repeal Ordinance, 19991 repealing the Urban Land (Ceiling and Regulation) Act, 1976.

Subsequently the parliament has passed the Urban land (Ceiling and Regulation) Repeal Act, 1999.2

Effect of the Repeal Act, 1999 :--The Jrban Land (Ceiling & Regula-tion) Repeal Act, 1999 is applicable in the first instance to the whole of the States of Haryana and Punjab and to all the Union Territories.3 The Act will be applicable to such other states which adopt this Act by resolution passed in that behalf under Cl. (2) of Art. 252 of the Constitution.

Effect of Repealing the Urban Land (Ceiling and Regulation) Act, 1976 :--Where certain land of a person was declared as surplus under the Urban Land Ceiling Act, 1976 but the possession of the said surplus land was not taken over by the prescribed, authority under the Act owing to the 'status quo order' granted by a court, pending an appeal the effect of repeal of the ULCA, 1976 under the urban Land (Ceiling and Regulation) Repeal Act, 1999 under Section 4 would be that the legal proceedings would be abated. However if the possession was already taken over by the prescribed authority, the same shall not abate.4

Effect of repeal in general:—Section 6 of the General clauses Act, 1897 deals with the effect of repealing a statute. The Section reads as under—

6. Effect of repeal .--Where this Act, or any 5[Central Act] or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not-

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1.    Promulgated by the president on Jan., 11, 1999 and pub. in the Gazette of India, Extra., Part II, Sec. 1, dt. llth Jan., 1999, pp. 1-2 No. 15.

2.    No. 15 of 1999, which received the assent of the president on march, 22, 1999 and published in the Gazette of India, Extra., Part II, Section 1, dated 22nd March, 1999, pp. 1-2, No. 20.

3.    Vide Section 1(2) of the Repeal Act,  1999.

4.    P.T. Madan Swaroop Shrotiya Public Charitable Trust vs. State of U.P. (2000) 6 SCC 325 = 2000 (3) JT 391 = 2000 (5) Supreme 155 = 2000 (6) SLT 813 = 2000 (10) SRJ 460.

5.    Subs, for "Act of the Governor-General in Council" by A.O.,  1937.

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(a)   revive anything not in force or existing at the time at which the repeal takes effect; or

(b)    affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or

(c)   affect any right, privilege,  obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d)   affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e)   affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed.

Thus all the provisions of the (repealed) Act would, under Sec. 6 continue in force for the purpose of enforcing the liability incurred when the Act was in force and any investigation, legal proceeding or remedy may instituted continued or enforced as if the Act has not expired.1 At common law, the normal effect of repealing a statute is to obliterate it from the statute book as completely as if it had never been passed, and the statute must be considered as a law that never existed. To this rule, an exception is engrafted by the provisions of Sec. 6, and there may also be special savings in special Acts dealing with the effect of repeal.2 Therefore the effect of repeal is qualified by two words "unless a different intention appears", in Sec. 6 of the General Clauses Act, 1897.

The Repeal Act, 1999 has two saving clauses in Section 3 and 4. Section 3 of the Act provides that the principal Act i.e., the original act of 1976 shall not affect.

(a)   the vesting of any vacant land under Section 10(3), possession of which has been taken, over by the state Government or any person duly authorised by the State Government in this behalf or the competent authority.

(b)   the validity of any order granting exemption under Sec.  20(1) or any action taken thereunder,  not withstanding any judgment of any court to the contrary; and.

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1.    AIR 1976 SC 958 (964).

2.    AIR 1958 Bom. 507(509).

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(c) any payment made to the State Government, as a condition for granting exemption under Section 20(1) other related and like matters.

Section 4, provides for the abatement of all proceedings relating to any order made or deemed to be made under the principal Act pending immediately before the Commencement of the repeal Act, before any court, tribunal or other authority.

However, the proviso to Section 4 in case of proceeding relatable to the land the possession of which has been taken over by the Government or any duly authorised competent authority.

Thus the repeal legislation, along with some other incentives and simplification of administrative procedures is expected to revive the stagnant housing industry and provide affordable living accommodation for those who are in a state of underserved want and are entitled to public assistance.1 In other words the repeal legislation appears to have been made with a view to give effect to the directive principle of state policy contained in Article 47 of the constitution which directs the state inter alia to make effective provisions for securing....... public assistance in cases of unemployment, old age, sickness etc., and in other cases of undeserved want.

The Repeal Act, whether Applicable to Andhra Pradesh:-As could be seen from the langauge of Sec. 1(2) of the Repeal Act, it applies in the first instance to the states of Haryana and Punjab and to all the Union Territories. Further It shall apply to such other state which adopts this Act by resolution passed in that behalf under clause (2) of Article 252 of the constitution. In the State of Andhra Pradesh, the State Legislative has, so far not passed any resolution under Article 252(2) of the Constitution and therefore the repeal legislation is not applicable to the state. In other words, the Urban Land (Ceiling and Regulation) Act, 1976 continues to be applicable to the state of A.P. till the state choses to repeal the same by doing the needful under Article 252(2).

The Repealing Act was later adopted by the States of Gujarat and Uttar Pradesh. However, as far as the State of Andhra Pradesh is concerned, its Legislature had neither passed a resolution requesting the Parliament to repeal the Ceiling Act, nor did it adopt the Repealing Act. Therefore, the Repealing Act by itself cannot put an end to the operation and applicability of the Ceiling Act as far as the State of Andhra Pradesh is concerned.2

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1.   The statement of objects and Reasons, to The Urban Land (Ceiling and Regulation) Repeal Bill, 1998.

2.    M.A. Sultan Mohiuddin vs. Govt. of A.P., AIR 2002 A.P.  105.      

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(i) The Land :--

General scheme of the Act :— The Urban Land (Ceiling & Regulation) Act, 1976 is primarily intended for the acquisition of vacant land situated in certain specified urban areas called urban agglomerations. The Act deals with four types of land viz.,

(i)   the land which is mainly used for the purpose of agriculture;

(ii) the land on which a building of any kind stands at the time of commencement of the Act and the land appurtenant to such land;

(iii)   the land on which there is a building with a dwelling unit in it; and

(iv)   the vacant land;

The first kind of land i.e, the agricultural land is excluded from the definition of 'urban land' and therefore the ceiling limit and acquisition of excess land in that case does not arise. The second kind of land is not acquired but it is taken into account to determine the excess vacant land owned or possessed by a person in any capacity.

With regard to the third kind of land mentioned above, if a person holds vacant land and holds all the land occupied by buildings and the land appurtenant to it, the latter also is taken into account for calculating the extent of vacant land held by him. But the land occupied by a building, whether with dwelling unit or not, shall not be acquired under the Act at all.1

(ii) The persons amenable to the Act .—Section 2(i) of the Act defines a person as including an individual, a family, a firm, a company, or an association or body of individuals, whether incorporated or not. Therefore, the Act is applicable to both the natural as well as artificial persons. All such persons, if holding vacant land in excess of the ceiling limit, are required to file statements under Section 6 of the Act, specifying the location, extent, value and such other particulars of vacant lands etc. The Act does not make any reference to the Hindu Undivided Family (HUF) and does not recognise (HUF) as a separate entity like the Income Tax Act, but it recognises a new kind of person i.e., "Family". According to Section 2(f) of the Act family in relation to a person, means the individual, the wife or husband, as the case may be, of such individual and their unmarried minor children.

(iii) "Ceiling Limit" :—Since the Act is all about imposition of ceiling on urban land and regulation of it, it would be essential to understand the meaning and nature of urban land and urban

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1.    See Section 2(o), 4(11) and 4(9) of the Act for statutory provisions.

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agglomeration. An urban land or agglomeration is made up of main town together with the adjoining areas of urban growth and is treated as one urban spread. The population covered by such areas is categorised as urban. Each such agglomeration may be made up of more than one statutory town, adjoining one another such as a municipality and the adjoining cantonment, etc., and also the other urban growths such as a Railway colony, university campus, etc.

The term 'urban agglomeration' has been defined under Section 2(n) of the Act. Three kinds of urban agglomerations are comprised in the definition.

(1) the urban agglomeration in relating to a State or a Union territory, specified in column (i) of Schedule I to the Act, consisting of the areas specified in column (2) and including the peripheral areas mentioned in column (3) of the corresponding entry.

For instance, in case of State of Andhra Pradesh, the entries in Schedule I are as under :

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State/Union                   Towns                       Peripheral              Category

territory                                                              area

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(1)                                (2)                               (3)                          (4)

--------------------------------------------------------------------------------

STATES

1. Andhra Pradesh     1. Hyderabad U.A.    ..                             5 Kms. B

(a)  Hyderabad                 .'.      M. Corp.

(i) Hyderabad

Division

(ii) Secunderabad Division

(b)  Secunderabad

Cantonment                                             Cantt.

(c)  Malkajgiri                  ..     P. (d)Alwal                         ..      P.

(e) Uppal Khalsa            ..      P.

(f)  Balanagar                  ..      P.

(g)  Fatehnagar                ..     P.

State/Union                    Towns                       Peripheral              Category

territory                                                                area

(1)                                 (2)                                 (3)                           (4)

(h) Macha Bolaram         ..     P.

(i) Osmania University

(j) Lalaguda

(k) Kukatpalle..                     P.

(1) Moosapet                 ..      P.

(m)Bowenpalle

(n) Zamistanpur

2.  Visakhapatnam U.A...       5 Kms.               C (a) Visakhapatnam

(i) Visakhapatnam             M.

(ii) Gajuvaka (O.G.)

3.  Vijayawada U.A.         ..                             5 Kms.       C

(a) Vijayawada            ..         M.

(b)  Patamata              ..         P.

(c)  Gunadala              ..         P.

4.  Guntur                                M.                1 Km. D

5.  Warangal                             M.                1 Km. D

In the above illustration from Schedule I to the Act, the Hyderabad Urban Agglomeration has to be understood as consisting of the area covered by the Hyderabad Municipal corporation along with a peripheral area of 5 kms. Secundrabad cantonment, Malkajgiri and other 6 panchayats, and Osmania University campus etc., The category of UA is "B" for the purpose of ceiling limits.

The U.A. also includes any other area which may be declared as part of urban agglomeration, having regard to relevant factors like its location and population.

Urban Land :--This expression is defined by Section 2(o) of the Act as meaning (i) any land situated within the limits of an

urban agglomeration and called as such in the master plan1 or (ii), in a case where there is no master plan, or where such plan does not refer to any land as urban land, any land within the limits of UA and situated in any area included within the local limits of a municipality, a notified/town area committee, a cantonment board or a panchayat etc. In other words the area covered within a UA is the urban area and very often the UA and the Urban Area are used interchangeably.

What is not Urban Land :—The urban land does not include any land within the limits of a UA, if it is mainly used for the purpose of agriculture. However, in order to be treated as an exception to the urban land, being used for agricultural purposes, the following conditions have to be satisfied : —

(1)    the land must be used for "agriculture" which includes horticulture but does not include (i) raising if grass (ii) dairy farming (iii) poultry farming,  (iv) breeding of livestock;  and (v)  other prescribed purposes;

(2)    the land should have been entered in the revenue or land records, as used for the purpose of agriculture mainly, before the appointed date i.e, the day of coming into force of this Act; and

(3)    the land should not have been mentioned as a land for any other purpose other than agriculture in the master plan;

Urbanisable land :--Under Section 2(p) of the Act, it means the land situated within an urban agglomeration, but not being urban land: Es: Agricultural land within UA.

Vacant land :—Section 2(Q) of the Act defines the expression vacant land. Vacant land means the land in an UA. It does not include the land, mainly used for the purpose of agriculture, in an urban agglomeration, and further it does not include—

(i)   the land in UA, on which construction of a building is not permissible under the relevant law;

(ii) the land occupied by any building which was constructed before or on the appointed day, with the approval of competent authority, in an area where there are building regulations, including the land appurtenant to such building.

(iii)   the land occupied by any building, constructed before or is being constructed on the appointed day, in an

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1.   Defined under Section 2 (h) of the Act.

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area where  there  are  no building regulations including the land appurtenant to such building ; and

(iv) if the land situated in a village falling under a UA, the extent of land ordinarily used by any person for keeping his cattle, other than for the purpose of dairy farming or breeding of live stock.1

Thus, on a clear analysis of the definition it becomes clear that the factors like using the land for agriculture, for keeping cattle and time of construction of a building are relevant for deciding whether a land is a vacant land under the Act in an UA.

Further it is expressly stated in Section 2(o) which defines urban land that the explanation to Section 2(o) applies not only to Section 2(o) but also to section 2(Q). This is with regard to the meaning of 'agriculture' and 'purpose of agriculture'.

Ceiling Limit :-Section 4 of the Act deals with the ceiling limit. Under the said provision, in the case of every person, the ceiling limit will be.

(a)   where the vacant land is situated in an UA falling within category "A" specified in Schedule I, 500 Sq. mtrs.

Thus in Greater Bombay of Maharashtra, Madras Urban Agglomeration of Tamil Nadu, Calcutta Urban Agglomeration of West Bengal, and Delhi Urban Agglomeration of Delhi, the ceiling limit is 500 Sq.meters and no person can hold a vacant land of more than 500 Sq.meters in such areas.2

(b)   where such land is situated in an UA falling within category "B" specified in Schedule I, 1000 Sq. metres.

Therefore in the Hyderabad UA of the Andhra Pradesh, Ahmedabad UA of Gujarat, Bangalore UA of Karnataka, Poona UA of Maharashtra, and Kanpur UA of U.P., the ceiling limit is 1000 Sq.metres per person.

(c)   where such land is situated in an UA falling within category "C" in Schdule I, 1500 Sq. metres.

Thus is Viskhapatnam UA, Vijayawada UA, of Andhra Pradesh, Patna IA, Dhanbad UA, Jamshedpur IA of Bihar, Rajkot municipality of Gujarat and Vadodara UA and Surat UA's of the same state,

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 1.    As per the proviso to Section 2(9).

2.    This is subject to the Repeal Act,  1999 depending on whether the ULCA has been repealed in such areas.

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Srinagar UA of J&K, Mysore Municipality, Hubli-Dharwar Municipal Corporation of Karnataka, Calicut, Cochin and Trivandrum corporation of Kerala, Gwalior UA, Indore UA, Bhopal UA, Jabalpur UA of Madhya Pradesh, Ulhasnagar UA, Sholapur Municipal Corporation, Nagpur UA of Maharashtra, Amritsar UA, and Ludhiana UA of Punjab, Jaipur UA, Jodhpur Corporation of Rajasthan, Salen UA, Coimbatore UA, Madurai UA, Tiruchinapalli UA of Tamil Nadu, Barailly UA, Meerut UA, Agra UA, Allahabad UA, Lucknow UA and Varanasi UA of Uttar Pradesh, the ceiling limit is 1500 sq. metres.

(d)   In urban agglomerations falling within category "D" of Schedule I, 2000 sq. metres.

Thus, in Guntur and Warangal municipalities of AP, Gauhati IA of Assam, Ranchi UA, of Bihar, Jamnagar UA, Bhavanagar UA of Gujarath, Mangalore UA, Belgaum UA of Karnataka, Ujjain UA, Durg-Bhailainagar UA, Raipur UA of Madhya Pradesh, Thana UA, Nasik UA, Sanghi UA, Kolhapur UA of Maharahstra, Cuttak UA of Orissa, Jullundhur Municipal Corporation of Punjab, Bikaner UA, Ajmer UA, Kota Municipalities of Rajasthan Tirinelvai UA of Tamil Nadu, Moradabad UA, Dehradun UA, Gorakhpur Municipal Board, Aligarh Municipal Board and Saharanpur Municipality of Uttar Pradesh, Asansol UA and Durgapur UA of West Bengal, and the Chandigarh UA of the Union Territory of Chandigarh, the ceiling limit under the Act is 2000 Sq. metres.

In case, a person holds vacant land situated in two or more categories of UA, specified in the Schedule I, then the extent of vacant land held by him should be calculated according to the following equations.

(i) 1 Sq. metre of vacant land in "A" category UA = 2 Sq. metres of vacant land in "B" category UA = 3 Sq. metres in "C" category UA = 4 Sq. metres in "D" category UA

(ii)   1 Sq. metre in "B" category = 1 1/2 Sq. metres in "C" category  =2 Sq. metres in "D" category ;

and

(iii)   1 Sq. metres in "C" =1  1/3 Sq. metres in category "D".

Provided taht not more than one dwelling unit in the group housing should be owned by one single person.

Procedure for determination of vacant land :-Sections 4 and 5 of the Act lay down an elaborate procedure for determination of

the extent of vacant land or the excess vacant land, for the purpose of calculating the extent of vacant land held by a person, the transfers made by him on or after 17th February, 1975 but before the appointed day, by way of sale, mortgage, gift, lease or otherwise have to be taken into consideration.1 Similarly where the person is a firm or other legal person, the rights/interest of any person in the vacant land held by such legal person2 the share of a beneficiary in a private trust holding vacant land3 if the person is a member of Hindu Undivided Family (HUF), his estimated share in the vacant land held by HUF4, and if the person is a housing coopertive society, the extent of land held by a member5 are the relevant factors for deciding the extent of vacant land by the competent authority.

Filing of statements by persons holding excess vacant land

:--Under Section 6 of the Act every person holding vacant land in excess of the ceiling limit at the commencement of the Act, should file a statement before the competent authority specifying following

— the location

—  the extent

—   the value

and such other particulars like the existence of a dwelling unit, building and specifying his right title or interest in the same.

Such a statement has to be filed, (i) in case of an individual, by the individual himself, (ii) in case of a family, by the husband or wife (iii) in the case of a company, by its principal officer, (iv) in case of a firm, by any of its partners, (v) in case of any other association, by any of its members etc.

Where a person holds vacant land in excess which is situated within the jurisdiction of two or more competent authorities, he should file his statement, before the competent authority within the jurisdiction of which the major part of such vacant land is situated.6

Preparation of draft statement as to vacant land in excess of ceiling limit :-On the basis of the statements filed by persons

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1.    Under Section (4)(a).

2.    Section4(5).

3.    Under Section 4(6).

4.    Section 4(7).

5.    Under Section 4(8).

6.    Under Section 7 of the Act.

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under Section 6 and after conducting an inquiry, if found necessary, the competent authority should prepare a draft statement containing the following particulars :-

(i)   the name and address of the person

(ii) the particulars of all vacant lands and of any other land on which there is a building, whether or not with a dwelling unit therein, held by such person.

(iii)   the particulars of vacant land, which such person desires to retain within the ceiling limit;

(iv) the particulars of the right, title or interest of the person in the vacant land etc.

This draft statement should be served on the person concerned, together with a notice calling upon him to prefer objections if any.1

After the disposal of the objections, if any received under Section 8(1), the competent authority is required to make necessary alterations in the draft statement and thereafter should prepare the final statement. A copy of the final statement2 should be served on the person concerned and if the land is held under a lease, mortgage or hire-purchase etc, on the person in possession of the vacant land.

Acquisition of Excess vacant land :--It is provided in Sections 6 to 11. Every person holding vacant land in excess of the ceiling limit is required to file a statement before the competent authority in the prescribed form which provides for furnishing details of every kind of land held by the person filing the statement (Section 6). On its basis a draft statement is prepared and served on the person concerned to enable him to file objections (Section 8). Objections when filed are considered, disposed of an final statement with alterations consequent on the decision of objections is prepared (Sec. 9). Then follows a notification acquiring the excess vacant land by the concerned State Government [Sec. 10(1)]. All persons interested in such vacant land file their claims at this stage and their claims are determined, followed by a declaration vesting the property in the State free from all encumbrances w.e.f. a date specified in the declaration [Sec. 10(2) and (3)]. Sec. 11 lays down the principles on which the amount payable for such acquisition is determined. The amount payable to any person shall in no case

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1.    Under Section 8 of two Act.

2.    Under Section 9.                                                                                  

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exceed Rs. two lakhs [Sec. 11(6)]. It is ascertained on the basis of income by taking the net average annual income for the preceding five years and multiplying it by 8-1/3. Where the vacant land does not yield any income the amount payable cannot exceed Rs.ten per sq. metre in respect of land in category A or B and Rs. five per Sq. metre in respect of land in category C or D. The rate can be less, determinable on a number of considerations mentioned in section 11(3). In respect of leasehold land from the Central or State Government, nothing is payable for the unexpired period of the lease. As a person filing a statement may have land in more than one State to which the Act applies, provision is made to determine the competent authority before whom the statement is to be filled (Sec. 7). A decision of the competent authority on the matter of amount payable under Section 11 is appealable to an Urban Land Tribunal (Sec. 12). Second appeal from the Tribunal order lies to the High Court (Section 13). An order of demolition under section 30(1) in respect of the construction of a building on more than permissible plinth area is also appealable to the Tribunal and there after to the High Court [Section 30(2)]. Certain powers of the Civil Court have been conferred on the competent authority (Section 31). Power and procedure of the Tribunal is regulated by the Code of Civil Procedure Jurisdiction of tribunals and of competent authorities in special cases is provided for in Sec. 32.

In respect of other orders of the competent authority an appeal is provided to an appellate authority to be constituted for the purpose [Section 33(1)]. Where no appeal lies or no appeal has been filed, power of revision of the decisions of the competent authority has been conferred on the State Government (Section 34).

Exemptions from the Act :--The persons or authorities exempted from the application of the Act are mentioned in Section 19(1). Banks, financial institutions, trusts; educational, cultural, etc., institutions; United Nations agencies, societies registered under the Societies Registration Act, Foreign States, come within this clause. Power to exempt has also been conferred on the State Government [Section 20(1)]. The competent authority may exclude excess land from acquisition in certain cases, where the concerned person undertakes to build dwelling units for the accommodation of the weaker sections of the society (Section 21).

Power of State Government to Sell Excess Land :—In S.

Vasudeva vs. State of Karnataka,1 the Supreme Court per majority held that the provisions of Section 20 (1) (b), of the Act do not permit

- - -

1.    (1993) 3 SCC 467.

- - -

the State Government to give exemption tothe vacant land in excess of the ceiling limit for the purposes of transferring the same. Consquently the State Government has no power to grant permission to sell the land under Section 20 of the Act and any permission given to any person for sale of the excess land would be void ab initio having been passed without jurisdiction.

Disposal of acquired vacant land :-The State Government has been given very wide powers of allotment in respect of excess vacant land deemed to be acquired under this Act, or under any other law, to any person for any business, profession, trade, undertaking or manufacture on any terms and conditions. It may also retain or reserve any vacant land to be used for the benefit of the public. It may dispose of any such vacant land to subserve the common good (Section 23).

We have seen that an owner of land is likely to lose his land if some of this land is in possession of a tenant who holds vacant land in excess of his ceiling limit. In such a case, where the owner owns vacant land within the ceiling limit only, provision is made for the assignment of land to him on his paying the amount paid by the State Government on acquisition of his land to the extent it is so assigned (Section 24). The provision is intended to prevent injustice to the owner of vacant land holding vacant land within ceiling limit but deprived of it because of the obligation of the tenant who may be in possession of his land

Offences and penalties :—Non-compliance with the obligations laid upon a person under the Act is made punishable, such as the obligation to file a statement; lesser penalty is provided for contravention of any other provision of the Act, for which no penalty has been expressly provided. Offences by companies are dealt with in Section 39 p'n the standard pattern. Only the competent authority or any officer authorised by the competent authority in this behalf can initiate criminal prosecution (Section 41).

Other miscellaneous provisions :—There is an indemnity section (Section 40). Act overrides other laws (Section 42). Court fees (Section 43). Officers are public servants (Section 44). Correction of clerical errors (Section 45). Rule-making power (Sec. 46). Removal of difficulties(Section 47). Prohibition on registration of documents (Section 28). Central Government's power to issue directions to States (Section 35). Submission of Returns and Reports (Section 37).

the urban land

(ceiling and regulation)

act, 1976

 

STATEMENT OF OBJECT AND REASONS

 

There has been a demand for imposing a ceiling on urban property also, especially after the imposition of a ceiling on agricultural lands by the State Governments. With the growth of population and increasing urbanization, a need for orderly development of urban area has also been felt. It is, therefore, considered necessary to take measures for exercising social control over the scarce resource of urban land with a view to ensuring its equitable distribution amongst the various sections of society and also avoiding speculative transactions relating to land in urban agglomerations.

With a view to ensuring uniformity in approach Government of India addressed the State Governments in this regard, eleven States have so far passed resolutions under Article 252(1) of the Constitution empowering Parliament to undertake legislation in this behalf. The present proposal is to enact a parliamentary legislation in pursuance of these resolutions.

The Bill is intended to achieve the following objectives :

(i) to prevent concentration of urban property in the hands of a few persons and speculation and profiteering therein;

(ii) to bring about socialization of urban land in urban agglomerations to subserve the common good by ensuring its equitable distribution;

(iii) to discourage construction of luxury housing leading to conspicuous consumption of scarce building materials and to ensure the equitable utilisation of such materials; and

(iv) to secure orderly urbanization. The Bill mainly provides for the following :

(i) Imposition of a ceiling on both ownership and possession of vacant land in urban agglomerations, the ceiling being on a graded basis according to the classification of the .urhajrj agglomeration;

(ii) acquisition of the excess vacant land by the State Government with powers to dispose of the vacant land to subserve the common good;

(iii) payment of an amount for the acquisition of the excess vacant land, in cash and in bonds;

(iv) granting exemptions in respect of certain specific categories of vacant land;

(v)  regulating the transfer of vacant land within the ceiling limit;

(vi) regulating the transfer of urban or urbanizable land with and building (whether constructed before or after the commencement of the proposed legislation) for a period of 10 years from the commencement of the legislation of the construction of the building, whichever is later;

(vii) restricting the plinth area for the construction of future residential buildings; and

(viii)  other procedural and miscellaneous matters.

 

ACT 33 OF 1976

 

The Urban Land (Ceiling and Regulation) Bill was passed by both the Houses of Parliament and came on the statute books as the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976).

An Act to provide for imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few person sand speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good.

WHEREAS it is expedient to provide for the imposition of a ceiling on vacant land in urban agglomerations for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good;

AND WHEREAS Parliament has no power to make laws for the states with respect to the matters aforesaid except as provided in articles 249 and 250 of the Constitution;

AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of Legislatures of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal that the matters aforesaid should be regulated in those States by Parliament by law;

Be it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows:-

 

CHAPTER --1

PRELIMINARY

 

1. Short title, application and commencement :--(!) This Act may be called the Urban Land (Ceiling and Regulation) Act, 1976.

(2)    It applies in the first instance to the whole of the States of Andhra Pradesh,  Gujarat,  Haryana,  Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and to all Union territories and it shall also apply to such other State which adopts this Act by resolution passed in that behalf under clause  (1)  of article 252 of the Constitution.

(3)    It shall come into force in the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and in the Urban territories at once and in any other State which adopts this Act under clause (1) of the article 252 of the Constitution, on the date of such adoption; and, save as otherwise provided in this Act, any reference .in this Act to the commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory.

 

CHAPTER -- II

DEFINITIONS

 

2.    Definitions :--In this Act, unless the context otherwise requires,-

(a)  "appointed day" means,-

(i) in relation to any State to which this Act applies in the first instance, the date of introduction of the Urban Land (Ceiling and Regulation) Bill, 1976 in Parliament; and

(ii) in relation to any State which adopts this Act under clause (1) of article 252 of the Constitution, the date of such adoption;

(b)  "building regulations" means  the regulations contained in the master plan, or the law in force governing the construction of buildings;

(c)   "ceiling limit" means the ceiling limit specified in section 4;

(d)   "competent authority" means any person or authority authorised by the State Government, by notification in the Official Gazette, to perform the functionsof the competent authority under this Act for such area as may be specified in the notification and different persons or authorities may be authorised to perform different functions;

(e)  "dwelling unit", in relation to a building or a portion of a building, means a unit of accommodation, such building or portion, used solely for the purpose of residence;

(f)   "family",   in  relation  to  a person,   means the individual, the wife or husband, as the case may be, of such individual and their unmarried minor children.

Explanation :~For the purpose of this clause, "minor" means a person who has not completed his or her age of eighteen years;

(g)   "land appurtenant", in relation to any building means-

(i) in    an    area    where    there    are    building regulations,   the  minimum  extent  of land required under such regulations to be kept as open space for the enjoyment of such building, which in no case shall exceed five hundred square meters; or

(ii) in an area where there are no building regulations, an extent of five hundred square meters contiguous to the land occupied by such building, and includes, in the case of any building constructed before the appointed day with a dwelling unit therein, an addition extent not exceeding five hundred square meters of land, if any, continuous to the minimum extent referred to in sub-clause (i) or the extent referred to in sub-clause (ii), as the case may be;

(h) "master plan", in relation to an area within an urban agglomeration or any part thereof, means the plan

(by whatever name called) prepared under any law for the time being in force or in pursuance of an order made by the State Government for the development of such area or part thereof and providing for the stages by which such development shall be carried out;

 

COMMENTS

 

Merely because the land was entered in the revenue records and shown in Master Plan as agricultural, it would not mean that it was being mainly used for agricultural purposes. It is unmaterial if a small portion of the land was being used for the purpose of agriculture as well. State of U.P. us. Nand Kumar Agarwal.1 Development & town planning are ongoing processes and they go on changing from time to time depending upon the local needs. State of A.P. vs. N. Audikesava Reddy.2 Also see Her Highness Maharani Shantidevi P. Gaikwad vs. Savyibhai Haribhai Patel.3

(i) "person" includes an individual, a family, a firm, a company, or an association or body of individuals, whether incorporated or not;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "State" includes a Union territory and "State Government", in relation to any land or building situated in a Union territory or within the local limits of a cantonment declared as such under Section 3 of the Cantonments Act, 1924 (2 of 1924), means the Central Government ;

(1) "to hold" with its grammatical variations, in relation to any vacant land, means-

(i) to own such land; or

(ii) to possess such land as owner or as tenant or as mortgage or under an irrevocable power of attorney or under a hire-purchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities.

Explanation .-—Where the same vacant and is held by one person in one capacity and by another person in another capacity, then for the purposes of this Act, such land shall be deemed to be held by both such persons;

1.     (1997) 11 SCC 754.

2.     2002(1) SCC 227 = AIR 2002 SC 5.

3.     (2001) 5 SCC 101.

(m)"Tribunal"  means   the   Urban   Land   Tribunal constituted under section 12;

(n) "urban agglomeration",-

(A)    in relation to any State or Union territory specified in column (1) of Schedule I, means,-

(i) the urban agglomeration specified in the corresponding entry in column (2) thereof and includes'the peripheral area specified in the corresponding entry in column (3) thereof; and

(ii) any other area which the State Government may, with the previous approval of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the Official Gazette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category D in that Schedule and the peripheral area therefor shall be one kilometer;

(B)    in relation to any other State or Union territory, means any area which the State Government may, with the previous approval of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the Official Gazette, declare to be an urban agglomeration and any agglomeration so declared s'hall be deemed to belong to category D in Schedule I and the peripheral area there shall be one kilometre;

 

C O M M E N TS

 

Merely because the land was entered in the revenue records and shown in Master Plan as agricultural, it would not mean that it was being mainly used for agricultural purposes. It is unmaterial if a small portion of the land was being used for the purpose of agriculture as well. State of U.P. vs. Nand Kumar Agarwal.1

(o)  "urban land" mearis,-

(i) any land situated within the limits of an urban agglomeration and referred to as such in the master plan; or

 

- - -

1. (1997)  11 SCC 754.

- - -

 

(ii) in a case where there is no master plan, or where the master plan does not refer to any land as urban land, any land within the limits of an urban agglomeration and situated in any area included within the land local limits of a municipality (by whatever name called), a notified area committee, a town area committee, a city and town committee, a small town committee, a cantonment board or a panchayat,

but does not include any such land which is mainly used for the purpose of agriculture.

Explanation —For the purpose of this clause and clause (q),-

(A)    "agriculture" includes  horticulture,  but does  not include-

(i) raising of grass, (ii) dairy farming, (iii) poultry farming, (iv) breeding of live-stock, and

(v) such cultivation, or the growing of such plant, as may be prescribed;

 

COMMENTS

 

Merely because the land was entered in the revenue records and shown in Master Plan as agricultural, it would not mean that it was being mainly used for agricultural purposes. It is unmaterial if a small portion of the land was being used for the purpose of agriculture as well. State of U.P. vs. Nand Kumar Agarwal.1 The land which is mainly used for the purpose of agriculture, even if it is situated within the limits of urban agglomeration or is not shown in the master plan as urban land, does not become urban land.2

(B)  land shall not be deemed to be used mainly for the purpose of agriculture, if such land is not entered in he revenue or land records before the appointed day as for the purpose of agriculture:

Provided that where on any land which is entered in the revenue on land records before the appointed day as for the

 

- - -

1.     (1997)  11 SCC 754.

2.     Sri Bhavanarishi Co-operative House Building Society vs. Joint Collector, 2003 (1) ALT 182.

- - -

 

purpose of agriculture, there is a building which is not in the nature of a farm-house, then, so much of the extent of such land as is occupied by the building shall not be deemed to be used mainly for the purpose of agriculture:

Provided further that if any question arises whether any building is in the nature of a farm-house, such question shall be referred to the State Government and the decision of the State Government thereon shall be final;

(C) Notwithstanding anything contained in clause (B) of this Explanation, land shall not be deemed to be mainly used for the purpose of agriculture if the land has been specified in the master plan for a purpose other than agriculture;

(p) "urbanisable land" means land, situated within an urban agglomeration, but not being urban land;

(q) "vacant land" means land, not being land mainly used for the purpose of agriculture, in an urban agglomeration, but does not include-

(i) land on which construction of a building is not permissible under the building regulations in force in the area in which such land is situated;

(ii) in an area where there are building regulations, the land occupied by any building which has been cons-tructed before, or is being constructed on, the appointed day with the approval of the appropriate authority and the land appurtenant to such building; and

(iii) in an area where there are no building regulations, the land occupied by any building which has been constructed before, or is being constructed on, the appointed day and the land appurtenant to such building:

Provided that where any person ordinarily keeps his cattle, other than for the purpose of dairy farming or for the purpose of breeding of livestock, on any land situated in a village within an urban agglomeration (described as a village in the revenue records), then, so much extent of the land as has been ordinarily used for the keeping of such cattle immediately before- the appointed day shall not be deemed to be vacant land for the purposes of this clause.

 

COMMENTS

 

Once exemption is granted under Section 20; it is not permissible for any other authority to require to exemptee to obtain an order of conversion of that land for non-agricultural purposes.1

Where a land was classified as agricultural land by the Tahsildar under the A. P. Land Reforms Act and the same was corroborated by the report of the Special Dy. Collector and further the land with a number of fruit bearing trees, was in possession of the tenant, the said land cannot be treated as 'vacant land1 and therefore it has to be excluded from the provisions of the Act.2

 

CHAPTER -- III

CEILING ON VACANT LAND

 

3.    Persons not entitled to hold vacant land in excess of the ceiling limit :--Except as otherwise provided in this Act, on and from the commencement of this Act, no person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories to which this Act applies under sub-section (2) of Section 1.

 

COMMENTS

 

If the person is holding the balance of the vacant land of what is excluded under Sec. 2(q) which is regarded as vacant land and if that balance land is less than the permissible ceiling limit, then the other provisions of the Act with regard to surrender, does not apply.3

4.    Ceiling limit :--(!) Subject to the other provisions of this section, in the case of every person, the ceiling limit shall be,-

(a)  where the vacant land is situated in an urban agglomeration falling within category A specified in Schedule I, five hundred square metres;

(b)  where   such   land   is   situated   in   an   urban agglomeration falling within category B specified in Schedule I, one thousand square metres;

(c)  where   such   land   is   situated   in   an   urban agglomeration falling within category C specified in

 

- - -

1.     Hubli Dharwad Urban Development Authority vs. Vidyaranya Sangha, (1998) 8 SCC 365.

2.     Govt. of A.P. vs. A.V.P. Sastry, 2000 (4) ALD 191 = 2000 (4) ALT 69 (D.B).

3.     AIR 1988 Del. 60.

- - -

 

Schedule I,  one thousand five hundred square metres;

(d) where such land is situated in an urban agglomeration falling within category D specified in schedule I, two thousand square metres.

(2)   where any person holds vacant land situated in two or more categories of urban agglomeration specified in Schedule I then, for the purpose of calculating the extent of vacant land held by him,-

(a)  one square metre of vacant land situated in an urban agglomeration falling within category A shall be deemed to be equal to two square metres of vacant land situated in urban agglomeration falling within category B, three square metres of vacant land situated in an urban agglomeration falling within category C and four square metres of vacant land situated in an urban agglomeration falling within category D;                                                     

(b)  one square metre of vacant land situated in an urban agglomeration falling within category B shall be deemed to be equal to one and one-half square metres  of vacant land  situated in  an  urban agglomeration falling within category C and two square metres of vacant land situated in an urban agglomeration falling within category D; and

(c)  one square metre of vacant land situated in an urban agglomeration falling within category C shall be deemed to be equal to one and one-third square metres  of vacant  land  situated  in  an  urban agglomeration falling within category D.

(3)   Notwithstanding anything contained in sub-section (l), where in respect of any vacant land any scheme for group housing has been sanctioned by an authority competent in this behalf immediately before the commencement of this Act, then, the person holding such vacant land at such commencement shall be entitled to continue to hold such land for the purpose of group housing:

Provided that not more than one dwelling unit in the group housing shall be owned by one single person:

Provided further, that the extent of vacant land which such person shall be entitled to hold shall, in no case, exceed-

(a)  the extent required under any building regulations governing such group housing; or

(b)  the extent calculated by multiplying the number of dwelling  units  in  the  group  housing  and  the appropriate ceiling limit referred to in sub-sec. (1),

whichever is less.

Explanation :—For the purposes of this sub-section and sub­section (10),-

(i) "group housing" means a building constructed or to be constructed with one or more floors, each floor consisting of one or more dwelling units and having common service facilities;

(ii)  "common service facility" includes facility like staircase, balcony and verandah.

(4) (a) In any State to which this Act applies in the first instance, if, on or after the 17th day of February, 1975, but before the appointed day, any person has made any transfer by way of sale, mortgage, gift, lease or otherwise (other than a bona fide sale under a registered deed for valuable consideration) of any vacant land held by him and situated in such State to any other person, whether or not for consideration, then, for the purposes of calculating the extent of vacant land held by such person the land so transferred shall be taken into account, without prejudice to the rights or interests of the transferee in the land so transferred :

Provided that the excess vacant land to be surrendered by such person under this chapter shall be selected only out of the vacant land held by him after such transfer.

(b) For the purpose of clause (a), the burden of proving any sale to be a bona fide one shall be on the transferor.

Explanation :—Where in any State aforesaid, there was or is in force any law prohibiting transfer of urban property in that State except under the .circumstances, if any, specified therein, then, for the purposes of this sub-section, any transfer by way of sale of such property, being vacant land, made by any person under a registered deed for valuable consideration in accordance

with the provisions of such law or in pursuance of any sanction or permission granted under such law, shall be deemed to be a bona fide sale.

(5)   Where any firm or unincorporated association or body of individuals holds vacant land or holds any other land on which there is a building with a dwelling unit therein or holds both vacant land and such other land, then, the right or interest of any person in the vacant land or such other land or both, as the case may be, on the basis of his share in such firm or association or body shall also be taken into account in calculating the extent of vacant land held by such person.

(6)   Where a person is beneficiary of a private trust and his   share   in  the   income   from   such  trust  is  known   or determinable, the share of such person in the vacant land and in any other land on which there is a building with a dwelling unit therein, held by the trust,  shall be deemed to be in the same proportion as his share in the total income of such trust bears  to  such total income  and the  extent of such land apportionable to his share shall also be taken into account in calculating the extent of vacant land held by such person.

(7)   Where a person is a member of a Hindu undivided family, so much of the vacant land and of any other land on which there is a building with a dwelling unit therein, as would have fallen to his share had the entire vacant land and such other land held by the Hindu undivided family been partitioned amongst its members at the commencement of this Act shall also be taken into account in calculating the extent of vacant land held by such person.

(8)   Where a person, being a member of a housing co­operative society registered or deemed to be registered under any law for the time being in force, holds vacant land allotted to him by such society, then, the extent of land so held shall also be taken into account in calculating the extent of vacant land held by such person.

(9)   Where a person holds vacant land and also holds any other land on which there is a building with a dwelling unit therein, the extent of such other land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held by such person.

(10) Where a person owns a part of a building, being a group housing, the proportionate share of such person in the land occupied by the building and the appurtenant thereto shall also be taken into account in calculating the extent of vacant land held by such person.

(11) For the removal of doubts it is hereby declared that nothing in sub-sections (5), (6), (7), (9) and (10) shall be construed as empowering the competent authority to declare any land referred to in sub-clause (ii) or sub-clause (iii) of clause (q) of section 2 as excess vacant land under this Chapter.

Explanation/--For the purposes of this section and sections 6, 8 and 18 a person shall be deemed to hold any land on which there is a building (whether or not with a dwelling unit therein) if he-

(i) owns such land and the building; or

(ii) owns such land but possesses the building or possesses such land and the building, the possession, in either case, being as a tenant under a lease, the unexpired period of which is not less than ten years at the commencement of this Act, or as mortgage or under an irrevocable power of attorney or a hire-purchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities; or

(iii) possesses such land but owns the building, the possession being as a tenant under a lease or as a mortgagee or under an irrevocable power of attorney or a hire-purchase agreement or partly in one of the said capacities or partly in any other of the said capacity or capacities.

5. Transfer of vacant land :-- (1) In any State to which this Act applies in the first instance, where any person who had held vacant land in excess of the ceiling limit at any time during the period commencing on the appointed day and ending with the commencement of this Act, has transferred such land or part thereof by way of sale, mortgage, gift, lease or otherwise, the extent of the land so transferred shall also be taken into account in calculating the extent of vacant land held by such person and the excess vacant land in relation to such person shall, for the purposes of this Chapter, be selected out of the vacant land held by him after such transfer and in case the entire excess vacant land cannot be so selected, the balance, or where no vacant land is held by him after the transfer, the entire excess vacant land, shall be selected out of the vacant land held by the transferee:

 

Provided that where such person has transferred his vacant land to more than one person, the balance, or, as the case may be, the entire excess vacant land aforesaid, shall be selected out of the vacant land held by each of the transferees in the same proportion as the area of the vacant land transferred to him bears to the total area of the land transferred to all the transferees.

(2)    Where any excess vacant land is selected out of the vacant land transferred under sub-section (1), the transfer of the excess vacant land so selected shall be deemed to be null and void.

(3)    In any State to which this Act applies in the first instance and in any State which adopts this Act under clause (1) of article 252 of the Constitution, no person holding vacant land in excess of the  ceiling limit immediately before  the commencement of this -Act shall transfer any such land or part thereof by way of sale, mortgage, gift, lease or otherwise until he has furnished a statement under Section 6 and a notification regarding the excess vacant land held by him has been published under sub-section (1) of section 10; and any such transfer made in contravention of this provision shall be deemed to be null and void.

6. Persons holding vacant land in excess of ceiling limit to file statement :--(!) Every person holding vacant land in excess of the ceiling limit at the commencement of this Act shall, within such period as may be prescribed, file a statement before the competent authority having Jurisdiction specifying the location, extent, value and such other particulars as may be prescribed of all vacant land and of any other land on which there is a building, whether or not with a dwelling unit therein, held by him (including the nature of his right, title or interest therein) and also specifying the vacant land within the ceiling limit which he desires to retain:

 

COMMENTS

 

Obligation to file statement under the Act arises when a person comes to hold any vacant land is excess of the ceiling limit. It would all depend on the facts and circumstances of each case.1 The crucial date for determination, of excess land in possession of the declarant is the date of declaration and the question of intestate or testamentary succession to his property by his L.R.s. would not affect the same.2

 

- - -

1.     State of A.P. vs. N. Audikesava Reddy, 2002(1) SCC 227 = AIR 2002 SC 5.

2.     State of U.P. vs. Sher Singh, (1997) 2 SCC 680.

- - -

 

The land which is not the subject-matter of declaration cannot be taken posession of by the authorities under the garb of excess vacant land.1

The date of commencement of the Act in a case where the land, which was not vacant earlier, would be the date on which such land becomes vacant land.2

Provided that in relation to any State to which this Act applies in the first instance, the provisions of this sub-section shall'have effect as if for the words "Every person holding vacant land in excess of the ceiling limit and the commencement of this Act", the words, figures and letters "Every person who held vacant land in excess of the ceiling limit on or after the 17-02-1975 and before the commence-ment of this Act and every person holding vacant land in excess of the ceiling limit at such commencement" had been substituted.

Explanation :—In this section, "commencement of this Act" means,-

(i) the date on which this Act comes into force in any State;

(ii) where any land, not being vacant land, situated in a State in which this Act is in force has become vacant land by any reason whatsoever, the date on which such land becomes vacant land;

(iii) where any notification has been issued under clause (n) of sec. 2 in respect of any area in a State in which this Act is in force, the date of publication of such notification.

(2)   If the competent authority is of opinion that—

(a)  in any State to which this Act applies in the first instance, any person held on or after the 17th day of February, 1975 and before the commencement of this Act or holds at such commencement; or

(b)  In any State which adopts this Act under clause (1) of article 252 of the Constitution, any person holds at the commencement of this Act,

vacant land in excess of the ceiling limit, then, notwithstanding anything contained in sub-section (1), it may serve a notice upon

 

- - -

1.     Kothuru Babu Surendra Kumar vs. Special Officer & Competent Authority, U.L.C., 2000 (4) ALD 596 = 2000 (4) ALT 694 = 2000 (3) LS 209.

2.     Government of A.P. vs. J. Sridevi, (2002) 5 SCC 37.

- - -

 

such person requiring him to file, within such period as may be specified in the notice, the statement referred to in sub-section (1).

(3)    The competent authority may, if it is satisfied that it is necessary so to do, extend the date for filing the statement under this section by such further period or periods as it may think fit; so, however, that the period or the aggregate of the periods of such extension shall not exceed three months.

(4)    The statement under this section shall be filed,-

(a)  in the case of an individual,  by the  individual himself; where the individual is absent from India, by the individual concerned or by some person duly authorised by him in this behalf; and where the individual is mentally in capacitated from attending to his affairs, by his guardian or any other person competent to act on his behalf;

(b)  in the case of a family, by the husband or wife and where the husband or wife is absent from India or is mentally incapacitated from attending to his or her affairs, by the husband or wife who is not so absent or mentally incapacitated and where both the husband and the wife are absent from India on are mentally incapacitated from attending to their affairs, by any other person competent to act on behalf on the husband or wife or both;

(c)  in the case of a company, by the principal officer thereof;

(d)  in the case of a firm, by any partner thereof;

(e)  in the case of any other association, by any member of the association or the principal officer thereof; and

(f)   in the case of any other person, by that person or by a person competent to act on his behalf.

Explanation :--For the purposes of this  sub-section, "principal officer"-

(i) in relation to a company,  means the secretary, manager or managing-director of the company;

(ii) in   relation   to   any   association,   means   the secretary,  treasurer,  manager or agent of the association, and includes any person connected with the management of the affairs of the company or  the association, as the case may be, upon whom the competent authority has served a notice of his intention of treating his as the principal officer thereof.

 

COMMENTS

 

Merely because the land was entered in the revenue records and shown in Master Plan as agricultural, it would not mean that it was being mainly used for agricultural purposes. It is immaterial if a small portion of the land was being used for the purpose of agriculture as well.1

7. Filling of statement in cases where vacant land held by a person is situated within the jurisdiction of two or more competent authorities:--(l) Where a person holds vacant land situated within the jurisdiction of two or more competent authorities, whether in.the same State or in two or more States to which this Act'applies, then, he shall file his statement under sub-section (1) of section 6 before the competent authority within the jurisdiction of which the major part thereof is situated and thereafter all subsequent proceedings shall be taken before that competent authority to the exclusion of the other competent authority or authorities concerned and the competent authority, before which the statement is filed, shall send intimation thereof to the other competent authority or authorities concerned.

(2)    Where the extent of vacant land held by any person and situated within the jurisdiction of two or more competent authorities within the same State to which this Act applies is equal, he shall file his statement under sub-sec.  (1) of sec. 6 before any one of the competent authorities and send intimation thereof in   such  form   as   may   be   prescribed   to   the   State Government and thereupon,  the State  Government shall,  by order,  determine  the  competent  authority  before which  all subsequent proceedings under this Act shall be taken to  the exclusion of the other competent authority or authorities and communicate that order to  such person and the competent authorities concerned.

(3)    Where the extent of vacant land held by any person and situated within the jurisdiction of two or more competent authorities in two or more States to which this Act applies is equal, he shall file his statement under sub-section (1) of section 6 before  any  one  of the  competent  authorities  and   send intimation thereof in such form as may be prescribed to  the Central Government and thereupon,  the Central Government

 

- - -

1. .   State of U.P. vs. Nand Kumar Agarwal, (1997)  11 SCC 754.

- - -

 

shall, by order, determine the competent authority before which all subsequent proceedings shall be taken to the exclusion of the other competent authority or authorities and communicate that order to such person, the State Governments and the competent authorities concerned.

8. Preparation of draft statement as regards vacant land held in excess of ceiling limit :--(!) On the basis of the statement filed under sec. "6 and after such inquiry as the competent authority may deem fit to make the competent authority shall prepare a draft statement in respect of the person who has filed the statement under Section 6.

(2)    Every statement prepared under sub-section (1) shall contain the following particulars, namely :-

(i) the name and address of the person;

(ii) the particulars of all vacant land and of any other land on which there is a building, whether or not with a dwelling unit therein, held by such person;

(iii) the particulars of the vacant lands which such person desires to retain within the ceiling limit;

(iv) the particulars of the right, title or interest of the person in the vacant land; and

(v)  such other particulars as may be prescribed.

(3)    The draft statement shall be served in such manner as may be prescribed on the person concerned together with a notice stating that any objection to the draft statement shall be preferred within thirty days of the service thereof.

'(4) The competent authority shall duly consider any objection received, within the period specified in the notice referred to in sub-section (3) or within such further period as may be specified by the competent authority for any good and sufficient reason, from the person whom a copy of the draft statement has been served under that sub-section and the competent authority shall, after giving the objector a reasonable opportunity of being heard, pass such orders as it deems fit.

 

COMMENTS

 

Service of notice on persons likely to be affected is mandatory and therefore non-issue of notice vitiates the entire proceedings under Section 8 (4) of the Act.1

 

- - -

1.    Kothuru Babu Surendra Kumar vs. Spl. Officer and Competent Authority, ULC, Vijayawada, 2000 (4) ALD 596 = 2000 (4) ALT 694 = 2000 (3) LS 309.

- - -

 

9.    Final Statement :- After the disposal of the objections, if any, received under sub-section (4) of section 8, the competent authority shall make  the necessary alterations in the draft statement in accordance with the orders passed on the objections aforesaid and shall determine the vacant land held by the person concerned in excess of'the ceiling limit and cause a copy of the draft statement as so altered to be served in the manner referred to in sub-section (3) of section 8 oil the person concerned and where such vacant land is held under a lease, or a mortgage, or a hire-purchase agreement, or an irrevocable power of attorney, also on the owner of such vacant land.

 

COMMENTS

 

When a statutory authority is vested with the power to determine the question as to the applicability of the provisions of the Act, it is ordinarily desirable to leave the question to be decided by such authority.1

10.  Acquisition of vacant land in excess of ceiling limit.-

(1) As soon as may be after the service of the statement under section 9 on the person concerned, the competent authority shall cause a. notification giving the particulars of the vacant land held by such person in excess of the ceiling limit and stating that-

(i) such  vacant  land  is  to  be   acquired  by  the concerned State Government; and

(ii) the claims of all person interested in such vacant land may be made by them personally or by their agents giving particulars of the nature of their interests in such land, to be published for the information of the general public in the Official Gazette of the State concerned and in such other manner as may be prescribed.

(2)    After considering the claims of the persons interested in the  vacant  land,   made  to  the  competent  authority  in pursuance of the notification published under sub-section (1), the competent authority shall determine the nature and extent of such claims and pass such orders as it deems fit.

(3)    At any time after the publication of the notification under   sub-section   (1)   the   competent  authority   may,   by

 

- - -

1.     Govt. of A.P., vs. J. Sridevi, (2002) 5 DSCC 37.

- - -

 

notification published in the Official Gazette of the State concerned, declare that the excess vacant land referred to in the notification published under sub-section (1) shall, with effect from such date as may be specified in the declaration, be deemed to have been acquired by the State Government and upon the publication of such declaration, such land shall be deemed to have vested absolutely in the State Government free from all encumbrances with effect from the date so specified.

(4)    During the period commencing on the date of publication of the notification under sub-section (1) and ending with the date specified in the declaration made under sub-section (3)-

(i) no person shall transfer by way of sale, mortgage, gift, lease or otherwise any excess vacant land (including any part thereof) specified in the notification aforesaid and any such transfer made in contravention of this provision shall be deemed to be null and void; and

(ii) no person shall alter or cause to be altered the use of such excess vacant land.

(5)    where   any   vacant   land   is   vested   in   the   State Government under sub-section (3), the competent authority may, by notice in writing, order any person who may be in possession of it to surrender or deliver possession thereof to the  State Government or to any person duly authorised by the  State Government in this behalf within thirty days of the service of the notice.

(6)    If any person refuses or fails to comply with an order made under sub-section (5), the competent authority may take possession of the vacant land or cause it to be given to the concerned State Government or to any person duly authorised by  such  State  Government in this  behalf and  may for  that purpose use such force as may be necessary.

Explanation :—In this section, in sub-section (1) of sec.  11 and in sections 14 and 23, "State Government", in relation to-

(a)  any vacant land owned by the Central Government, means the Central Government;

(b)  any vacant land owned by any State Government and situated in the Union territory or within the local limits of a cantonment declared as such under section 3 of the Cantonments Act, 1924, means that State Government.

11. Payment of amount for vacant land acquired.- (1)

Where any vacant land is deemed to have been acquired by any State Government under sub-section (3) of section 10, such State Government shall pay to the person or persons having any interest therein,-

(a)  in a case where there is any income from such vacant land, an amount equal to eight and one-third times the net average annual income  actually derived from such land during the period of five consecutive years immediately proceeding the date of publication of the notification issued under sub­section (1) of Section 10; or

(b)  in a case where no -income is derived from such vacant land,  an amount calculated at a rate not exceeding-

(i) ten rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category A or category B specified in Schedule I; and

(ii) five rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category C or category D specified in that Schedule.

(2)    The net average annual income referred to in clause (a) of sub-section (1) shall be calculated in the manner and in accordance with the principles set out in Schedule II.

(3)    For the purpose of clause (b) of sub-section (1), the State Government shall-

(a)  divide, by notification in the Official Gazette, every urban agglomeration situated within the State into different zones, having regard to the location and the general use of the land situated in an urban agglomeration, the utility of the land in that urban agglomeration for the orderly urban development thereof and such other relevant factors as  the circumstances of the case may require; and

(b)  fix, subject to the maximum rates specified in that clause, the rate per square metre of vacant land in each zone,  having regard to the availability of vacant land in the zone, the trend of price rise of vacant land over a period of twenty years in the zone before the  commencement of this Act, the amount invested by the Government for the Development of the zone, the existing use of vacant land in the zone and such other relevant factors as the circumstances of the case may require.

(4)    Different rates may be fixed under clause (b) of sub­section (3) for vacant land situated in different zones within each urban agglomeration.

(5)    Notwithstanding anything contained in sub-section (1) where any vacant land which is deemed to have been acquired under sub-section (3) of section 10 is held by any person under a grant,  lease or other tenure from the Central Government or any State Government and-

(i) the terms of such grant, lease or other tenure do not provide for payment of any amount to such person on the termination of such grant, lease or other tenure and the resumption of such land by the Central Government or the State Government, as the case may be; or

(ii) the terms of such grant, lease or other tenure provide for payment of any amount to such person on such termination and resumption,

then,-

(a)  in a case falling under clause (i), no amount shall be payable in respect of such vacant land under sub­section (1); and

(b)  in  a  case  falling  under clause  (ii),  the  amount payable in respect of such vacant land shall be the amount payable to him under the terms of such grant, lease or other tenure on such termination and resumption or the amount payable to him under sub­section (1), whichever is less.

(6)    Notwithstanding anything contained in sub-section (1), or sub-section (5), the amount payable under either of the said sub-sections shall, in no case, exceed two lakhs of rupees.

(7)    The competent authority may,  by order in writing, determine  the  amount to  be  paid in accordance  with  the provisions of this section as also the person, or, where there are several persons interested in the land, the persons to whom it shall be paid and in what proportion, if any.

(8)    Before determining the amount to be paid, every person interested shall be given an opportunity to state his case as to the amount to be paid to him.

(9)    The competent authority shall dispose of every case for determination of the amount to be paid as expeditiously as possible and in any case within such period as may be prescribed.

(10) Any claim or liability enforceable against any vacant land which is deemed to have been acquired under sub-section (3) of section 10 may be enforced only against the amount payable under this section in respect of such land and against any other property of the owner of such land.

 

COMMENTS

 

Absence of provision for making payment for excess vacant land acquired, at market rate is not violative of second proviso to Article 31-A (I).1

12. Constitution of Urban Land Tribunal and appeal to Urban Land Tribunal.- (1) The State Government may, by notification in the Official Gazette, constitute one or more Urban Land Tribunal or Tribunals.

(2)    The Tribunal shall consist of a sole member who shall bean officer of the rank of a Commissioner of a division or a member of the Board of Revenue.

(3)    The Tribunal shall have jurisdiction over such area as the State Government may, by notification in the Official Gazette, specify.

(4)    If any person is aggrieved by an order of the competent authority under section  11, he may, within thirty days of the date on which the  order is communicated to him,  prefer an appeal to the Tribunal having jurisdiction over the area in which the vacant land  (in relation to which the  amount has been determined) is situated or where such land is situated within the jurisdiction of more than one Tribunal to the Tribunal having jurisdiction over the area in which a major part of such land is situated or where the extent of such land situated within the jurisdiction of two more Tribunals, is equal,  to any of those Tribunals:

- - -

1. Shivagonda Anna Patil vs. State of Maharashtra, (1999) 3 SCC 5 1999 SC 2281. AIR

- - -

 

Provided that the Tribunal may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(5) In deciding appeals the Tribunal shall exercise all the powers which a civil court has and follow the same procedure which a civil court follows in deciding appeals against the decree of an original court under the Code of Civil Procedure, 1908.

13.  Second  appeal  to  High  Court   :--Subject  to  the provisions of the Code of Civil Procedure,   1908, applicable to appeals from original decrees, an appeal shall lie to the High Court from the decision of the Tribunal under section 12.

14.  Mode   of  payment   of  amount   :--(!)   The   State Government shall, within a period of six months from the date of the order of the competent authority determining the amount to be paid under section 11, or, in a case where an appeal has been preferred against such order under Section  12 or under Section 13, within a period of six months from the date of the final appellate order, pay the amount referred to in section 11 to the person entitled thereto.

(2) Twenty-five percent of the amount or twenty-five thousand rupees, whichever is less, shall be paid in cash and the balance in negotiable redeemable after the expiry of twenty years carrying an interest at the rate of five percent, per annum with effect from the date on which the vacant land is deemed to have jieen acquired by the State Government under sub-section (3) of section 10.

15.  Ceiling limit on future acquisition by inheritance, bequest or by sale in execution of decrees, etc., :- (1) If, on or after the commencement of this Act, any person acquires by inheritance, settlement or bequest from any other person or by sale in execution of a decree or order of a civil court or of an award or order of any other authority or by purchase or otherwise, any vacant land the extent of which together with the extent of the vacant land, if any, already held by him exceeds in the aggregate the ceiling limit, then he shall, within three months of the date of such acquiring, file a statement before the competent authority having jurisdiction specifying the location, value and such other particulars as may be prescribed of all the vacant lands held by him and also specifying the vacant lands within the ceiling limit which he desires to retain.

(2) The provisions of sections 6 to 14 (both inclusive) shall, of are as may be, apply to the statement filed under this section and to the vacant land held by such person in excess of the ceiling limit.

16. Certain persons to file statements when the Act is adopted subsequently by any State :--(!) Where any person holds any vacant land in any State to which this Act does not apply in the first instance but which suibsequently adopts this Actunder clause (1) of article 252 of the Constitution and the extent of such land together with the extent of the vacant land, if any, already held by him in any other State to which this Act applies in the first instance, exceeds in the aggregate the ceiling limit, then   he shall, within three months of the commencement of this Act in the State first mentioned, file a statement before the competent authority having Jurisdiction specifying the location, extent, value and such other particulars as may be prescribed of all vacant land held by him in that State and m such other State and also specifying the vacant land within the ceiling limit which he desires to retain.

(2) The provisions of section 6 to 14 (both inclusive) shall, so far as may be, apply to the statement filed under this section and to the vacant land held by such person in excess of the ceiling limit.

17. Power to enter upon any vacant land :- The competent authority or any person acting under the orders of the competent authority may, subject to any rules made in this behalf and at such' reasonable times as may be prescribed, enter upon any vacant land or any other land on which there is a building with such assistance as the competent authority such person considers necessary and make survey and take measurements thereof and do any other act which the competent authority or such perspn considers necessary for carrying out the purposes of this Act.

18. Penalty for concealment, etc., of particulars of vacant land :--(!) If the competent authority, in the course of any proceedings under this Act, is satisfied that any person has concealed the particulars of any vacant land or of any other land on which there is a building, whether or not with a dwelling unit therein, held by him or furnished inaccurate particulars of such land or of the user thereof, it may, after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any the penalty to which he may be liable under this Act, such person shall pay, by way of penalty, a sum which shall not be less than, but which shall not exceed twice, the amount representing the value of the vacant land or of such the land or both, as the case may be, in respect of which particulars have been concealed or in respect of which inaccurate particulars as aforesaid have been furnished.

(2) Any amount payable under this section, if not paid, may be recovered as if it were an arrear of land revenue.

19. Chapter not to apply to certain vacant lands :- (1) Subject to the provisions of sub-section (2), nothing in this Chapter shall apply to any vacant land held by-

(i) the Central Government or any State Government or any local authority or any Corporation established by or under a Central or Provincial or State Act or any Government Company as defined in section 617 of the Companies Act, 1956 (1 of 1956);

(ii) any military, naval or air force institution; (iii) any bank;

Explanation :—In this clause, "bank" means any banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949), and includes-

(a)  the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934);

(b)  the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);

(c)  a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959 (38 of 1959);

(d)  a corresponding new bank constituted under section 3  of the  Banking  Companies  (Acquisition  and Transfer of Undertakings) Act, 1970 (5 of 1970);

(e)  the  Industrial  Finance   Corporation  of India, established     under     the     Industrial     Finance Corporation Act, 1948 (15 of 1948), the Life Insurance Corporation of India, established under the  Life Insurance Corporation Act, 1956 (31 of 1956), the Unit Trust of India, established under the Unit Trust of India  Act,   1963   (52   of  1963),   the   Industrial Development Bank of India, established under the Industrial Development Bank of India Act, 1964 (18 of 1964), the Industrial Credit and Investment Corporation of India, the Industrial Reconstruction Corporation of India and any other financial institution which the Central Government or the State Government concerned may, by notification in the Official Gazette, specify in this behalf;

(iv) any public charitable or religious trust (including wakf) and required and used for any public charitable or religious purposes:

Provided that the exemption under this clause shall apply only so long as such land continues to be required and used for such purposes by such trust;

COMMENTS

A Wakf land, partly meant for the benefit of settlor and his family and partly for other religious/charitable purposes, is not exempted under the Act.1

(v) any co-operative society, being a land mortgage bank or a housing co-operative society, registered or deemed to be registered under any law relating to co-operative societies for the time being in force:

Provided that the exemption under this clause, in relation to a land mortgage bank, shall not apply to any vacant land held by it otherwise than in satisfaction of its dues;

(vi) any  such educational,  cultural,  technical or scientific   institution   or  club   [not  being  a Cof^otatiotY established h^ or xmder a Central or Provincial or State Act referred to in clause \i) or a society referred to in clause (vii)]  as may be approved for the purposes of this clause by the State Government by general or special order, on application made to it in this behalf by  such institution or club or otherwise:

Provided that no approval under this clause shall be accorded by the State Government unless that Government is satisfied that it is necessary so to do having regard to the nature and scope of the activities of the institution or club concerned,

- - -

1.    Raizur Rehman Khan vs. State of U.P., (1997) 2 SCC 248.

- - -

the extent of the vacant land required bona fide for the purposes of such institution or club and other relevant factors;

(vii) any society registered under the Societies Registration Act, 1860, or under any other corresponding law for the time being in force and used for any non-profit and non-commercial purpose;

(viii) a foreign State for the purpose of its diplomatic and consular missions or for such other official purposes as may be approved by the Central Government or for the residence of the members of the said missions;

(ix) the United Nations and its specialised agencies for any official purpose or for the residence of the members of their staff;

(x) any international organisation for any official purpose or for the residence of the members of the staff of such organisation:

Provided that the exemptions under this clause shall apply only if there is an agreement between the Government of India and such international organisation that such land shall be so exempted.

(2) The provisions of sub-section (1) shall not be construed as granting any exemption in favour of any person, other than an authority, institution or organisation specified in sub-section (1), who possesses any vacant land which is owned by such authority, institution or organisation or who owns any vacant land which is in the possession of such authority, institution or organisation:

Provided that where any vacant land which is in the possession of such authority, institution or organisation, but owned by any other person, is declared as excess vacant land under this Chapter, such authority, institution or organisation shall, notwithstanding anything contained in any of the foregoing provisions of this Chapter, continue to possess such land under the State Government o.n the same terms and conditions subject to which it possessed such land immediately before such declaration.

Explanation :—For the purposes of this sub-section, the expression "to possess vacant land" means to possess such land

either as tenant or as mortgagee or under a hire-purchase agreement or under an irrevocable power of attorney or partly in one of the said capacities and partly in any other of the said capacity or capacities.

20. Power to exempt :- (1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter—

(a)  where any person holds vacant land in excess of the ceiling limit and the State Government is satisfied, either on its own motion or otherwise, that, having regard to the location of such land, the purpose for which such land is being or is proposed to be used and    such    other    relevant    factors    as    the circumstances  of the  case  may  require,   it  is necessary or expedient in the public interest so to do, that Government may, by order, exempt, subject to such conditions, if any, as may be specified in the order, such vacant land from the provisions of this Chapter;

(b)  where any person holds vacant land in excess of the ceiling limit and the State Government, either on its own motion or otherwise, is satisfied that the application of the provisions of this Chapter would cause  undue  hardship  to   such  person,   that Government may by order, exempt, subject to such conditions, if any, as may be specified in the order, such  vacant land  from  the  provisions  of this Chapter:

Provided that no order under this clause shall be made unless the reasons for doing so are recorded in writing.

COMMENTS

Where the land owner and the society to whom exemption was granted, violated the conditions subject to which exemption was granted, cancellation of such exemption is justified. Tulsi Co-operative Housing Society vs. State of A.P.'

Application for grant of exemption can be maintained even after the vesting of excess land in Government under Section 10.2

- - -

1.           (2000)  1 SCC 533.

2.     Special Officer and Competent Authority, Urban Land Ceilings, Hyd., vs. P.S. Rao, 2000 (2) ALD 48 (SC) = AIR 2000 SC 843.

- - -

(2) If at any time the State Government is satisfied that any of the conditions subject to which any exemption under clause (a) or clause (b) of sub-sec. (1) is granted is not complied with by any person, it shall be competent for the State Government to withdraw, by order, such exemption after giving a reasonable opportunity to such person for making a representation against the proposed withdrawal and thereupon the provisions of this Chapter shall apply accordingly.

COMMENTS

Once exemption is granted under Section 20, it is not permissible for any other authority to require to exemptee to obtain an order of conversion of that land for non-agricultural purposes.1 The Repeal of the Act in 1999 would not have any effect on a transaction pertaining to sale of excess land under the original Act of 1976.

21.  Excess vacant land not to be treated as excess in certain cases :--(!) Notwithstanding anything contained in any of the foregoing provisions of this Chapter, where a person holds any vacant land in excess of the ceiling limit and such person declares within such time, in such form and in such manner as may be prescribed before the competent authority that such land is to be utilised for the construction of dwelling units (each such dwelling unit having a plinth area not exceeding eighty square meters) for the accommodation of the weaker sections of the society,  in  accordance with  any   scheme  approved  by  such authority as the State Government may, by notification in the Official Gazette,  specify in this behalf,  then,  the competent authority may, after making such inquiry as it deems fit, declare such land not to be excess land for the purposes of this Chapter and permit such person to continue to hold such land for the aforesaid purpose, subject to such terms and conditions as may be prescribed, including a condition as to the time limit within which such building are to be constructed.

(2) Where any person contravenes any of the conditions subject to which the permission has been granted under sub­section (1), the competent authority shall, by order, and after giving such person an opportunity of being heard, declare such land 'to be excess land and thereupon all the provisions of this Chapter shall apply accordingly.

22.  Retention     of    vacant     land     under     certain circumstances :--(!) Notwithstanding anything contained in any

- - -

1.     Hubli Dharwad Urban Development Authority vs. Vidyaraiiya Sangha, (1998) 8 SCC 365.

- - -

of the foregoing provisions of this Chapter, where any person demolishes any building on any land held by him or any such building is destroyed or demolished solely due to natural cause and beyond the control of human agency and as a consequence thereof, in either case, the land on which such building has been constructed becomes vacant land and the aggregate of the extent of such land and the extend of any other vacant land held by him exceeds the ceiling limit, then, he shall, within three months from the date of such jurisdiction specifying the location, value and such other particulars as may be prescribed, of all the vacant land held by him.

(2) Where, on receipt of a statement under sub-section (1) and after such inquiry as the competent authority may deem fit to make, the competent authority is satisfied that the land which has become vacant land is required by the holder for the purpose of redevelopment in accordance with the master plan, such authority may, subject to such conditions and restrictions as it may deem fit to impose, permit the holder to retain such land in excess of the ceiling limit for such purpose and where the competent authority is not so satisfied and does not so permit, the provision of sections 6 to 14 (both inclusive) shall, so far as may be, apply to the statement filed under sub-section (1) and to the vacant land held by such person in excess of the ceiling limit.

COMMENTS

The Repeal of the Act in 1999 would not have any effect on a transaction pertaining to sale of excess land under the original Act of 1976.

23. Disposal of vacant land acquired under the Act:--(l) It shall be competent for the State Government to allot, by order, in excess of the ceiling limit any vacant land which is deemed to have been acquired by the State Government under this Act or is acquired by the State Government under any other law, to any person for any purpose relating to, or in connection with, any'industry'or for providing residential accommodation of such type as may be approved by the State Government to the employees of any industry and it shall be lawful for such person to hold such land in excess of the ceiling limit.

Explanation :— For the purposes of this section-

(a) where any land with a building has been acquired by the State Government under any other law and such building has been subsequently demolished by the State Government, then, such land shall be deemed to be vacant land acquired under such other law;

(b) "industry" means any business, profession, trade, undertaking or manufacture.

(2)    In making an order of allotment under sub-section (1), the State Government may impose such conditions as may be specified therein including a condition as the period within which the industry shall be put in operation or, as the case may be, the residential accommodation shall be provided for:

Provided that if, on a representation made in this behalf by the allottee, the State Government is satisfied that the allottee could not put the industry in operation, or provide the residential accommodation, within the period specified in the order of allotment for any good and sufficient reason, the State Government may extent such period or periods as it may deem fit.

(3)    Where any condition imposed in an order of allotment is not complied with by the allottee, the State Government shall, after giving an opportunity to the allottee to be heard in the matter, cancel the allotment with effect from the date of the non-compliance of such condition and the land allotted shall revest in the State Government free from all encumbrances.

(4)    Subject to the provisions of sub-sections (1), (2) and (3), vacant land deemed to have acquired by the State Government under this Act shall be disposed of by the State Government to subserve the common good on such terms and conditions as the State Government may deem fit to impose.

(5)    Notwithstanding anything contained in sub-sections (1) to  (4),  where the  State Government is  satisfied  that  it is necessary to retain or reserve any vacant land, deemed to have been acquired by that Government under this Act, for the benefit of the public, it shall be competent for the State Government to retain or reserve such land for the same.

24. Special provisions regarding disposal of vacant land in favour of certain persons :--(1) Notwithstanding anything contained in section 23, where any person, being the owner of any vacant land, has leased out or mortgaged with possession such land or had given possession of such land under a hire-purchase agreement to any other person and as a consequence thereof he has no vacant land in his possession or has vacant land in his possession less in extent than the ceiling limit, and where the land so leased or mortgaged or given possession of is deemed to have been acquired by the State Government under this Chapter, then, such person shall be entitled to make an application to the State Government in such form and containing such particulars as may be prescribed within a period of three months from the date of such acquisition of the assignment to him-

(a)  in a case where he has no land in his possession, of so much extent of land as is not in excess of the ceiling limit; or

(b)  in a case where he has land in his possession less in extent than the ceiling limit, of so much extent of land as is required to make up the deficiency:

Provided that nothing in this sub-section shall be deemed to entitle a person for the assignment of land in excess of the extent of the land leased or mortgaged with possession or given possession under a hire-purchase agreement as aforesaid by such person.

(2) On receipt of an application under sub-section (1), the State Government shall, after making such inquiry as it deems fit, assign such land to such person on payment of an amount equal to the amount which has been paid by the State Government for the acquisition of the extent of land to be assigned.

CHAPTER--IV

REGULATION OF TRANSFER AND

USE OF URBAN PROPERTY

25.  Definition :~In this Chapter, "plinth area", in relation to-

(i) a dwelling unit in a building consisting of only one floor, means the area of the dwelling unit at the floor level and includes the thickness of the outer walls thereof;

(ii) a dwelling unit in a building consisting of two or more floors, means the area of the dwelling unit at the floor level where the'dwelling unit is proposed to be situated and includes the thickness of the outer walls thereof and he proportionate area intended for any common service facility at the floor level aforesaid.

Explanation --For the purposes of this clause, "common service facility", shall have the same meaning as in sub-clause (ii) of the Explanation below sub-section (3) of section 4.

26.  Notice to be given before transfer of vacant land.- (1)

Notwithstanding anything contained in any other law for the time being in force, no person holding vacant land within the ceiling limit shall transfer such land by way of sale, mortgage, gift, lease or otherwise except after giving notice in writing of the intended transfer to the competent authority.

(2)    Where a notice given under sub-section (1) is for the transfer of the land by way of sale, the competent authority shall have the first option to purchase such land on behalf of the State Government  at  a  price  calculated  in  accordance  with  the provisions of the Land Acquisition Act,   1894 or of any other corresponding law for the time being in force and if such option is not exercised within a period of sixty days from the date of receipt of the notice, it shall be presumed that the competent authority has no intention to purchase such land on behalf of the State Government and it shall be lawful for such person to transfer the land to whomsoever he may like :

Provided that where the competent authority exercises within the period aforesaid the option to purchase such land the execution of the sale deed shall be completed and the payment of the purchase price thereof shall be made within a period of three months from the date on which such option is exercised.

(3)    For the purpose of calculating the price of any vacant land under sub-section (2), it shall be deemed that a notification under sub-section (1) of section 4 of the Land Acquisition Act, 1894 or under the relevant provisions of any other corresponding law for the  time  being in force,  had  been  issued  for  the acquisition of such vacant land on the date on which the notice was given under sub-section (1) of this section.

27.  Prohibition  on  transfer  of urban  property   :--(!) Notwith-standing anything contained in any other law for the time being in force, but subject to the provisions of sub-section (3) of section 5 and sub-section (4) of section 10, no person shall transfer by way of sale, mortgage, gift, lease for a period exceeding ten years, or otherwise, any urban or urbanisable land with a building (whether constructed before or after the commencement of this Act) or a portion only of such building for a period of ten years of such commencement or from the date on which the building is  constructed,  whichever is later,  except with  the previous permission in writing of the competent authority.

(2)  Any person desiring to make a transfer referred to in sub-section  (1),  may make an  application in writing to  the competent authority in such form and in such manner as may be prescribed.

(3)    On receipt of an application under subjection (2), the competent authority may, after making such inquiry as it deems fit, by order in writing grant or refuse to grant the permission applied for:

Provided that the competent authority shall not refuse to grant the permission applied for unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant.

(4)    Where within a period of sixty days of the date of receipt of an application under this section the competent authority does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the competent authority shall be deemed to have granted the permission applied for.

(5)   (a)  Where the permission applied for is for the transfer of the land with the building or, as the case may be, a portion only of such building referred to in sub-section (1) by way of sale, and the  competent  authority is  of the  opinion  that  such permission may be granted, then, the competent authority shall have the first option to purchase such land with building or a portion only of such building on behalf of the State Government at such price as may be agreed upon between the competent authority and the applicant or, in a case where-there is no such agreement,  at such price calculated in accordance with the provisions of the Land Acquisition Act,   1894 or of any other corresponding law for the time being in force.

(b) If the option referred to in clause (a) is not exercised within a period of sixty days from the date of receipt of the application under this section, it shall be presumed that the competent authority has no intention to purchase such land with building or a portion only of such building on behalf of the State Government and it shall be lawful for such person" to transfer the land to whomsoever he may like:

Provided that where the competent authority exercises within the period aforesaid the option to purchase such land with building or a portion only of such building, the execution of the sale deed shall be completed and the payment of the purchase price thereof shall be made within a period of three months from the date on which such option is exercised.

(6) For the purpose of calculating the price of the land and building or, as the case may be, a portion only of such building under clause (a) of sub-section (5), it shall be deemed that a notification under sub-section (1) of section 4 of the Land Acquisition Act, 1894 or under the relevant provision of any other corresponding law for the time being in force, had been issued for the acquisition of that land and building or, as the case may be, a portion only of such building on the date on which the application was made under sub-section (2).

28.  Regulation of registration of document in certain cases:- Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of clauses (a) to (e) of sub-section (1)  of section  17 of the Registration Act,   1908  (16 of 1908), purports to transfer by way of sale,  mortgage,  gift,  lease or otherwise any land or any building  (including any portion thereof), -

(a)  in the case of any transfer referred to in section

26,  no registering officer appointed under that Act shall  register  any  such  document  unless   the transferor produces before such registering officer evidence to show that he has given notice of the intended transfer to the competent authority under that section and, where such transfer is by way of sale, the period of sixty days referred to in sub­section (2) of that section has elapsed;

(b)  in the case of any transfer referred to in section 27,  no registering officer appointed under that Act shall  register  any such  document  unless  the transferor produces before such registering officer the   permission   in   writing   of the   competent authority  for  such  transfer  or  satisfies   the registering officer that the period  of sixty days referred to in sub-section (4) of that section has elapsed.

29.  Regulation of construction of building with dwelling units.- No person shall construct any building with a dwelling unit having a plinth area,-

(a)  where the building proposed to be constructed is situated in an urban agglomeration falling within category A or category B specified in Schedule I, in excess of three hundred square meters.

(b)  where the building proposed to be constructed is situated in an urban agglomeration falling within category C. or category D specified in Schedule I, in excess of five hundred square meters.

30. Demolition and stoppage of building in certain cases and appeal :--(!) Where the construction of a building has been commenced on or after the commencement of this Act, and is carried on and completed in contravention of the provisions of section 29, the competent authority having jurisdiction over the area in which the building is situated may make an order directing that such construction shall be demolished, either wholly or partly, or modified by the person at whose instance the construction has been commenced and is being carried on and completed, to the extent such demolition or modification does not contravene the provisions of that section, within such period (not being less than fifteen days and more than thirty days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order for the demolition or modification:

Provided that no order for the demolition or modification shall be made unless the person has been given by means of a notice served in such manner as the competent authority may think fit, a reasonable opportunity of showing cause why such order shall not be made:

Provided further that, where the construction has not been completed, the competent authority may, by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the construction until the expiry of the period within which an appeal against the order for the demolition or modification, if made, may be preferred under sub-section (2).

(2) Any person aggrieved by an order of the competent authority made under sub-section (1) may prefer an appeal against the order to the Tribunal having jurisdiction over the area in which the building is situated within the period specified in the order for the demolition or modification of the construction to which it relates.

 

(3)    Where an appeal is preferred under sub-section  (2) against the order for the demolition or modification, the Tribunal may stay the enforcement of that order on such terms, if any, and for such period, as it may think fit:

Provided that, where the construction of any building has not been completed at the time of the making of the order for the demolition or modification, no order staying the enforcement of the order for the demolition or modification shall be made by the Tribunal unless security, sufficient in the opinion of the Tribunal, has been given by the appellant for not proceeding with such construction pending the disposal of the appeal.

(4)    The provisions of sub-section (5) of section 12 and of section  13 shall apply to or in relation to an appeal preferred under sub-section (2) as they apply to or in relation to an appeal preferred under sub-section (4) of section 12.

(5)    Save  as  provided  in  this  section,  no  court  shall entertain any suit, application or other proceeding for injunction or other relief against the competent authority to restrain him from taking any action or making any order in pursuance of the provi'sions of this section.

(6)    Where no appeal has been preferred against an order for the  demolition or modification  made  by the  competent authority under sub-section  (1),  or where an order for the demolition or modification made by the competent authority under that sub-section has been confirmed on appeal, whether with of without variation, the person against whom the order has been made shall comply with the order within the period specified therein, or, as the case may be, within the period if any, fixed by the Tribunal or High Court on appeal on the failure of the person to comply with the order within such period, the competent authority may himself cause the construction  to which the order relates to be demolished or modified and the expenses of such demolition or modification shall be recoverable from such person as an arrear of land revenue.

CHAPTER -- V

MISCELLANEOUS

31.  Powers of competent authority :--The competent authority shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure,  1908 (5 of 1908), in respect of the following matters, namely :-

(a)  summoning and enforcing the attendance of any person and examining him on oath;

(b)  requiring the  discovery and  production of any document;

(c)  receiving evidence on affidavits.

(d)  requisitioning any public record or copy thereof for many court or office;

(e)  issuing  commissions  for  the  examination  of witness or documents; and

(f)   any other matter which may be prescribed.

32.  Jurisdiction of competent authorities and Tribunals in special cases :--Where under sub-section (2) or sub-section (3)  of section   7,   the   State   Government  or  the   Central Government,  as the case may be,  determines the competent authority or where, for the reason that the extent of the vacant land situated within the jurisdiction of two or more Tribunals is equal, an appeal has been preferred to any one of the Tribunal under sub-section  (4) of section   12,  then,  such  competent authority or Tribunal, as the case may be, shall, notwithstanding that any portion of the vacant land to which the proceedings before the competent authority or the appeal before the Tribunal relates, is not situated within the area of its jurisdiction, exercise all the powers and functions of the competent authority or Tribunal, as the case may be, having jurisdiction over such portion of the vacant land under this Act in relation to such proceedings or appeal.

33.  Appeal :--(!) Any person aggrieved by an order made by the competent authority under this Act, not being an order under section 11 or an order under sub-section (1) of section 30, may, within thirty days of the date on which the order is communicated to him, prefer an appeal to such authority as may be prescribed (hereafter in this section referred to as the appellate authority):

Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2)    On receipt of an appeal under sub-section (1),  the appellate authority shall, after giving the appellant an opportunity of being heard,  pass such orders thereon as it deems fit as expeditiously as possible.

(3)    Every order passed by the appellate authority under this section shall be final.

34.  Revision   by   State   Government    :--The   State Government may, on its own motion, call for and examine the records of any order passed or proceeding taken under the provisions of this Act and against which no appeal has been preferred under section 12 or section 30 or section 33 for the purpose of satisfying itself as to the legality of propriety of such order or as to the regularity of such procedure and pass such order with respect thereto as it may think fit:

Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter.

35.  Power of State  Government to issue  orders and directions to the competent authority :--The State Government may issue such orders and directions of a general character as it may consider necessary in respect of any matter relating to the powers and duties of the competent authority and thereupon the competent authority shall give effect to such orders and directions.

36.  Power to give directions to State Government :--(!) The Central Government may give such directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule made thereunder.

(2) The Central Government may require any State Government to furnish such returns, statistics, accounts and other information, as may be deemed necessary.

37.  Returns and reports :--The competent authority shall furnish  to  the  State  Government  concerned  such  returns, statistics,   accounts  and  other  information  as  the   State Government may, from time to time, require.

38. Offences and punishment :--(!) If any person who is under an obligation to file a statement under this Act fails, without reasonable cause or excuse, to file the statement within the time specified for purpose, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.

(2)    If any person who, having been convicted under sub­section (2) continues to fail, without reasonable cause or excuse, to file the statement, he shall be punishable with fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

(3)    If any person who is under an obligation to file a statement under this Act files a statement which he knows or has reasonable belief to be false, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

(4)    If any person contravenes any of the provisions of this Act for which no penalty has been expressly provided for, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

39. Offences by companies :--(!) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributabie to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly

Explanation ;—For the purposes of this section,-

(a)  "company" means any body corporate and includes a firm or other association of individuals; and

(b)   "director", in relation to a firm; means a partner in the firm.

40.  Indemnity :--No suit or other legal proceeding shall lie against the Government or any officer of Government in respect of anything which is in good faith done or intended to be done by or under this Act.

41.  Cognizance   of  offences   :--No   court   shall   take cognizance of any offence punishable under this Act except on complaint in writing made by the competent authority or any officer authority by the competent authority in this behalf and no court inferior to that-of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any such offence.

42.  Act to override other laws :--The provisions of this Act shall have effect notwithstanding anything contained therewith in any other law for the time being in force or any custom, usage or agreement or decree or order of a court, tribunal or other authority.

43.  Court-fees :—Notwithstanding anything contained in the Court-fees Act, 1870 (7 of 1870), every application, appeal or other proceeding under this Act shall bear a court-fee stamp of such value as may be prescribed.

44.  Certain officers to be public servants :--Every officer acting under, or in pursuance of, the provisions of this Act or under the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

45.  Correction of clerical errors :—Clerical or arithmetical mistakes in any order passed by any officer or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer  or authority either on his or its own motion or on an application received in this behalf from any of the parties.

46.  Power to make rules :--(!) The Central Government may,  by notification in the  Official Gazette,  make rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a)  the cultivation or growing of plant which will not be agriculture under clause (A) of the Explanation to clause (o) of section 2;

(b)  the period within which the statement may be filed under section 6;

(c)  the form of intimation under sub-section (2) and (3) of section 7;

(d)  the particulars to be mentioned in the statement referred to in sub-section (1) of section 6,  sub­section (2) of section 8, sub-section (1) of Sec.  15 and sub-section (1) of Sec. 16;

(e)  the manner of serving the draft statement under sub-section (3) of section 8;

(f)   the manner of publishing the notification under sub­section (1) of section 10;

(g)  the  time which  the  competent authority  shall dispose of a case under sub-section (9) of section 11;

(h) the times during which the competent authority or any person acting under the orders of such authority may enter upon any vacant land under section 17;

(i) the time within which and the form and manner in which declaration under sub-section (1) of section 21 shall be made before the competent authority.

(j) the terms and conditions subject to which a person permitted under sub-section (1) of section 21 may hold land in excess of the ceiling limit;

(k) the particulars to be mentioned in the statement referred to in sub-section (1) of section 22;

(1) the form in which an application under sub-section (1) of section 24 may be made and the particulars to be mentioned in such application;

(m)the form and the manner in which an application for transfer of land may be made under sub-sec. (2) of Section 27;

(n) the powers of the competent authority under clause (f) of section 31;

(o) the appellate authority under sub-section (1) of Sec. 33;

(p) the value of the court-fee stamp to be affixed on an application, appeal or other proceeding under section 43;

(q) any other matter which is to be, or may be, provided for by rules under this Act.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

47. Power to remove difficulties :--(!) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.

(2) No order under sub-section (1) shall be made after the expiration of a period of two years from the commencement of this Act.

SCHEDULE -- I

[See Section 2(n) 4, 11, and 29]

Note I :~An Urban Agglomeration is made up of main town together with the adjoining areas of urban growth and is treated as one urban spread. The population covered by such spreads is categories as urban. Each such agglomeration may be made up of more than one statutory town, adjoining one another such as a Municipality and the adjoining Cantonment, etc., and also other urban growths such as a Railways Colony, University Campus, etc. Such outgrowth (O.G.) which did not qualify to be treated as individual towns in their own right and have pronounced urban characteristics are shown as constituents of the agglomeration.

Note II :--The following abbreviations have been used in this Schedule:-

C.                                            - - -                  Corporation

Cantt.                                      - - -                  Cantonment

C.B.                                         - - -                  Cantonment Board

C.T.                                         - - -                  Census Town

E.G.                                         - - -                  Estate Office

G.P.                                         - - -                  Gram Panchayat

 M.                                          - - -                  Municipality

M.B.                                        - - -                  Municipal Board

M.C.                                        - - -                  Municipal Committee

M. Corp.                                 - - -                  Municipal Corporation

N. or N.C.                               - - -                  Notified Committee

N.A.C.                         - - -                  Notified Area Committee

N.A.                                        - - -                  Notified Area

N.M.                                       - - -                  Non-Municipal

N.P.                                         - - -                  Nagar Panchayat

O.G.                                        -- -                   Outgrowth

P.                                             - - -                  Panchayat

S.B.                                         - - -                  Sanitary Board

S.A.                                         - - -                  Special Area

T.A.                                         - - -                  Town Area

T.B.                                         - - -                 Town Board

T.C.                                         - - -                  Town Committee

T.P.                                         - - -                  Town Panchayat

T.S.                                - - -              Township

U.C.                                        - - -                  Union Committee

 U.A.                                       - - -                  Urban Agglomeration

V.P.                                         - - -                  Village Panchayat

****

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

STATES

 

 

 

1.  Andhra Pradesh

1. Hyderabad U.A. (a)    Hyderabad

(i)  Hyderabad Division

(ii)  Secunderabad Division

(b)   Secunderabad Cantonment

(c)    Malkajgiri

(d)   Alwal

(e)    Uppal Khalsa

(f) '   Balanagar

(g)    Fatehnagar

(h)   Macha Bolaram

(i)     Osmania University

(j)     Lalaguda

(k)    Kukatpalle    

 (1)     Moosapet

(m)  Bowenpalle

(n)   Zamistanpur

M. Corp.

P.

P.

P.

P.

P.

P.

P.

5 Kms.     B C

 

 

 

2. Visakhapatnam U.A. (a)   Visakhapatnam (i) Visakhapatnam (ii)  Gajuvaka (O.G.) (b)   Gopalapatnam

               M.

P.

 

 

3. Vijayawada U.A. (a)   Vijayawada (b)   Patamata (c)    Gunadala

M. P P

5 Kms.     C

 

4. Guntur

M

1 Km.       D

 

5. Warangal

M

1 Km.       D

2. Assam Gauhati U.A.

(a)    Gauhati-(i)  Gauhati

M

 

 

 

State/ Union territory

Towns                                 

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(ii)  New Gauhati Railway Colony (O.G.)

(iii)  Bamunimaidan (O.G.) (iv) Japarigog (Part) (O.G.) (v)  Noonmati (O.G.) (vi)  Ulubari (O.G.) (vii)  Refinery Colony (O.G.) (viii)  Dispur (O.G.) (ix)  Maligaon (O.G.) (x)  Ramchahil Grant (O.G.)

 

 

 

(b) Pandu-(i)  Pandu

(ii)  Gauhati University (Uttar Maj & Panchim

Jhalukbari) (O.G.) (iii)   Maligon (O.G.) (iv)  Sadilapu (O.G.) (v)  Garpandu Kumarpara (O.G.) (c) Kamakhya

 

 

3.  Bihar

1. Patna U.A.— (a) Patna (i)  Patna (ii)  Pataliputra Housing Colony (b) Phulwari

 

M. Corp.

 

5Kms.  C

 

 

2. Ranchi U.A.-(a) Ranchi        (b) Jagannathnagar (c) Doranda

M

N

1Km.    D     

 

   3. Dhanbad U.A.-(a) Dhanbad (b) Kerkand

(c) Sindri (d) Jharia

M

N N

5 Kms   C

 

 

 

State/ Union territory

Town

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(e) Jorapokhar (f)  Tisra (g) Bhowrah (h) Bhuli (i)   Loyabad (j)   Bhagatdih (k) Jamaboda                    (1)   Sijua (m)Pathardih (n) Kenduadih (o) Bera

 

 

 

4. Jamshedpur U.A.-(a) Jamshedpur-(i) Jamshedpur Notified Area

(ii)  Railway Colony (O.G.)

(b) Adityapur (c) Bagbera (d) Jugsalai (e) Kalimati

N. N:

N.

5 Kms.  C

 

4. Gujarat

1. Jamnagar U.A.-(a) Jamnagar (i) Jamnagar (ii) Jamnagar (iii)  Railway Colony (O.G.) (iv)  Port Area (O.G.) (b) Bedi

M. N.P.

1 Km.    D

 

2. Rajkot

M

5 Kms. C

 

3. Bhavnagar U.A.-(i)  Bhavnagar (ii)  Ruva (O.G.)

M

1 Km.    D

 

4. Ahmedabad U.A.-(a) Ahmedabad-(i) Ahmedabad

M. Corp

5 Kms.  B

.

 

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(ii) Rajpur Hirpur (O.G.) .(iii) Bagefardosh (O.G.) (iv) Rakhial (O.G.) (v) Asarwa (O.G.)

(vi) Khokhara Mehmedabad (O.G.)

(b) Sardarnagar (c) Sahijpur Bogha (d) Naroda (e) Danilimbda (f) Odhav (g) Ahmedabad Cantonment

(h) Ranip

N.A.C. N.P. N.P. V.P. V.P.

Cantt. V.P.

 

 

5. Vadodara U.A.-(a) Vadodara (b) Makarpura (O.G.)

M. Corp.

5 Kms. C

 

6. Surat U.A.-(a) Surat (b) Udhana (c) Katargam

M. Corp. V.P. V.P.

5 Kms. C

5. Jammu and Kashmir

Srinagar U.A.-(a) Srinagar-(i) Srinagar (ii) Natipora (O.G.) (iii) Bagat Barzala (O.G.) (iv) Bemina (O.G.) (v) Kursu Padshahi BaghO.G.

(b) Badamibagh Cantonment

M.C.

 

Cantt.

5 Kms.  C

6. Karnataka

1. Bangalore U.A.-(a) Bangalore City Corporation and Trust Board Area

(b) H.A.L. Sanitary Board (excluding H.A.L. Township)

; M. Corp.

))       S.B.

5 Kms. B

 

 

State/ Union territory

Towns                                

 Peripheral area

Category

(1)

(2)

(3)

(4)

 

(c) Devarajeevanahalli (d) H.A.L. Township

(e) Jalahalli (excluding H.M.T. Township)

(I)   H.M.T. Township

(g) I.T.I. Notified Area Committee (Duravaninagar)

(h) B.E.L. Township (i)   Kadugondanahalli

T.P. S.A.

P. S.A.

N.A.C. S.A. P.

 

 

2. Mysore

M.

5Kms.    C

 

3. Mangalore U.A.-(a) Mangalore (b) Ullal (c) Padavu (d) Kankanadi (e) Derebail

M. T.P. T.P. P. P.

1 Km.    D

 

4. Belgaum U.A.-(a) Belgaum (b) Belgaum Cantonment

M. C.B.

1 Km.    D

 

5. Hubli-Dharwar

M.Corp.

5 Kms.  C

7.  Kerala

I.Calicut 2. Cochin 3. Trivandrum

C. C. C.

5 Kms.  C 5 Kms.  C 5 Kms.  C

8.  Madhya Pradesh

1. Gwalior U.A.-(i) Gwalior (ii) Morar (O.G.) (iii) Jaderua Kalan (O.G.) (iv) Mudia Pahad (O.G.) (v)  Giwai (O.G.) (vi) Ajaipur (O.G.) (vii) Birpur (O.G.) (viii)  Bhoderi (O.G.) (ix) Jaderua Khurd (O.G.) (x)  Melara (O.G.)

M.Corp.

5 Kms.  C

 

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(xi) Sewage Farm (O.G.) (xii) Kishenbag (O.G.) (xiii)  Raj man (O.G.) (xiv)  Kalyanbag (O.G.)

 

 

 

2. Ujjain U.A.— (i)  Ujjain (ii)  Railway Colony (O.G.) (iii)  Nagziri (O.G.) (iv)  Panwasa (O.G.) (v)  Malanwasa (O.G.)    .. (vi)  Lalpur (O.G.) (vii)  Goyala (O.G.)

M.Corp.

1 Km.    D

 

3. Indore U.A.-(i)  Indore (ii)  Piplaya Hana (O.G.) (111)   Sukliya (O.G.) (iv)  Bijalpur (O.G.) (v) Khajrana (O.G.) (vi)  Savind Nagar (O.G.) (vii)  Sirpur (O.G.) (viii)  Banganga (O.G.) (ix)  Hukumkhedi (O.G.)..

M.Corp.

5 Kms.  C

 

4. Bhopal U.A.-(i)  Bhopal (i)  Bhopal (ii)  Sevania Gond (O.G.) (iii)  Hatiakheda (O.G.) (iv)  Singarcholi (O.G.) (v)  Halapur (O.G.) (vi)  Chhola (O.G.) (vii)  Neori (O.G.) (viii)  Kararia urf Sajidabad (O.( (ix)   Nareea Shankri (O.G.) (x)  Nishatpura (O.G.)

M.Corp. 30

5 Kms.  C

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(xi)  Bhanpur (O.G.) (xii)  Kolua Khurd (O.G.) (xiii)  Nayapura (O.G.) (xiv)  Semra Kalan (O.G.) (xv)  Kohphija (O.G.) (b) Govindpura (H.E.L.) (c) Bairagarh — (i)  Bairagarh

(ii)  Bairagarh Kalan (O.G.)

(iii)  Gondermau (O.G.) (iv)   Laukhedi (O.G.) (v)  Pipalner (O.G.)

N.M.

N.A.

 

 

5. Jabalpur U.A.-(a) Jabalpur-(i) Jabalpur

(ii)   Heavy Vehicle Factory Area (Richhai-Madhai) (O.G.)

(iii)  Manegaon (O.G.) (iv)  Maharajpur (O.G.) (v)  Bilpura (O.G.) (vi) Amkhera (O.G.) (vii)  Suhagi (O.G.) (viii)  Karmeta (O.G.) (ix)  Regwa (O.G.) (x)  Kheri (O.G.) (xi)  Pipariya (O.G.) (b) Jabalpur Cantonment (c) Khamaria — (i)  Khamaria (O.F.A.) (ii)  Khamaria (G.C.F.) (O.G) (iii)   Pipariya (O.G.) (iv) Tighra (O.G.) (v)   Ghana (O.G.)

M.Corp.

Cantt.

N.M.  

5 Kms.  C

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

6. Durg-Bhilainagar U.A.-(a) Bhilainagar —

(i)   Bhailainagar

 (ii)  Bhailaigaon (O.G.)

(iii)  Supela (O.G.)

(iv)  Kohka (O.G.)

(v)  Chhaoni (O.G.)

(b) Durg-

(i)  Durg

(ii)  Urla (O.G.)

(iii)  Baghera (O.G.)     ..

N.M. M.

1 Km.     D

 

7. Raipuf U.A.-(i)  Raipur

 (ii)  Railway Colony (O.G.)

(iii) Telebandha (O.G.O

(iv)  Pandri-Tarai (O.G.)

(v)  Khamtarai (O.G.)

(v)  Khamtarai (O.G.)

(vi)  Kota (O.G.)

(viii)  Chirhuldih (O.G.)

(ix)  Dumartalab (O.G.)

 (x)  Mowa (O.G.)

(xi)  Dungania (O.G.)

(xii)  BSD Kapa (O.G.)

(xiii)  Tatibandh (O.G.)

 (xiv)  Hirapur (O.G.)

(xv)  Lalpur (O.G.)

M.Corp.

1 Km.    D

9. Maharashtra

1. Greater Bombay

2. Ulhasnagar U.A.-

(a) Ulhasnagar

 (b) Kalyan

(c) Ambaranath            

 (d) Dombivli

(e) Mohone

(f)   Katemanivali

M.Corp.

M. M. M. M. M.

8 Kms. A 5 Kms.  C

 

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

3. Poona U.A.-(a) Poona

(b) Pimpri-Chinchwad New Township

(c) Poona Cantonment

(d) Kirkee Cantonment    ..

(e) Dehu Road Cantonment

(f)  Lohagaon

(g) Khadakvasla

(h) Dehu

M.Corp.

M. Cantt. Cantt.

Cantt.

5 Kms.  B

 

4. Thana U.A.-(a) Thana       (b) Majivade   (c) Kalwa

M.

1 Km. D

 

5. Nasik U.A.-  (a) Nasik

(b) Nasik Road Deolali

(c) Deolali Cantonment (d) Bhagur

M. M.

Cantt. M.

1 Km.    D

 

6. Sangli U.A.-(a) Sangi (b) Mi raj (c) Madhavnagar

M. M.

1 Km.    D

 

7. Sholapur

M.Corp.

5 Kms. C

 

8. Kolhapur U.A.-(a) Kolhapur (b) Gandhinagar

M. M.

1 Km.    D

 

9. Nagpur U.A.-(a) Nagpur (b) Kamptee (c) Kampetee Cantonment

M. Corp. M.

5 Kms. C

10. Orissa

Cuttak U.A.-

 

1 Km.    D

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(i)  Cuttack

(ii) Cuttack Industrial Estate (O.G.)

(iii) Cuttack C. R.R.I. and other Government Colony (O.G.)

M.

 

1 1 . Punjab

1. Amritsar U.A.-(a) Amritsar (i) Amritsar (ii) Adarsh Nagar (O.G.) (iii) Rajinder Nagar (O.G.) (iv) Batala Road (O.G.) (v) Khanna Nagar (O.G.) (vi) Dolunji (O.G.)

(vii) Quarters Rattan Chand and Bihari Lai & Power House (O.G.)

(viii) Kotmit Singh (O.G.) (ix) Gobind Nagar (O.G.) (x) Mohkampura (O.G.) (xi)  Gopal Nagar (O.G.) (xii) Kangar Colony (O.G.) (xiii) Kot Amar Singh (xiv)' Dhaipai (O.G.) (xv) Jura Phatik (O.G.)

(xvii)  Mustafabad Tuni Pain (O.G.)

(xviii) Quarter Railway Line Kot Khalsa (O.G.)

(xx) Guru Arjan Nagar (O.G.)

(xxi)  Mustafabad (O.G.) (xxii) Vijay Nagar (O.G.) (xxiii) Anand Nagar (O.G.) (b) Chheharta

(c) Amritsar Cantonment

M.C.

M.C. C.B.

5 Kms.  C

 

 

 

State/ Union territory

To urns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

2. Ludhiana U.A.-(i)  Ludhiana

(ii) Basti Jodhewai (O.G.)

(iii)  Industrial Area A & C (O.G.)

(iv) Janta Colony (O.G.)

(v)' Railway Huts (O.G.)

M.C.

5 Kms.  C

 

S.Jullundur

M.C.

1 KM.    D

12. Rajasthan

1. Bikaner U.A.-(a) Bikaner (b) Gangashahar (c) Bhinasar

M. M. M.

1 Km.    D

 

2. Jaipur U.A. (a) Jaipur (b) Sanganer (c) Amber

M. C.T. M.

5 Kms. D

 

3. Ajmer U.A.-(i) Ajmer

(ii)  Subhash Nagar (O.G.)

(iii)   Regional College (O.G.)

M.

1 Km.    D

 

4.. Jodhpur 5. Kota

M. M.

5 Kms.  C 1 Km     D

13. Tamil Nadu

1. Madras U.A.-(1)  Madras (2) Thiruvattiyur (3) Avadi (4)  Alandur (5) Tambaram (6)  Pallavapuram (7) Ambattur (8)  Villivakkam

M.Corp M. T.S. M. M. M. T.S. P.

8 Kms. A

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(9)  St. Thomas Mount-cum- Pallavaram Cantonment.

(10)  Madhavaram

(11)  Poovirundhavalli

(12) Thiruvanmiyur

(13)  Kunrathur

(14)  Anakapathur

(15)  Kodambakkam

(16) Naravarikuppam

(17) Thirumazhisai

(18)  Pammal

(19)  Saligramam

(20) Velacheri

 (21) Virugambakkam

(22)  Kodungaiyur

(23)  Oragadam

(24) Thiruninravur

(25)  Polal

 (26)  Erukkancheri

(27) Thiruneermalai

(28) Chithalapakkam

(29)  Nerkundram

(30)  Koyambedu

(31)  Perungalathur

(32) Vallanur

(33)  Peerkankaranai

(34)  Sennirkuppam

(35) Nazarethpettai

(36)  Sembarambakkam ..

(37)  Polichalpur

(38)  Kannapalayam

(39)  Meenabakkam

(40)  Rallikaranai

(41) Thirusulam

Cantt.

 

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

 

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(42)  Thirumanglam

(43)  Kattupakkam

(44)  Kathivakkam

(45)  Melmanarnbedu

(46)  Soranjeri

(47)  Kathirvedu  

(48)  Perungudi

(49)  Nadukkuthagai

(50) Mathur

 (51) Varadharajapuram ..

 (52) Thiruverkadu

(53)  Veeraragavapuram ..

(54)  Vengavasal

(55)   Nemilicheri

(56)  Sadyankuppam

(57)  Mudichur

 (58)  Madipakkam

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

 P.

 P.

P.

P.   

p.

P.

 

 

2. Salem U.A.— (a) Salem

(b) Sufamanglam

 (c) Jarikondalampatti

(d) Annandanapatti

(e) Ammapalayam

(f)   Ammapet (g) Puthur

 (h) Kondalampatti

(i)  Thadampatti

(j)   Alagapuram

(k) Neikarapatti

(1)   Sivadampuram (m)Meyyanur

(n) Komarasamipatti

(o) Kandampatti

(p) Reddipatti

M.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

5 Kms.  C

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)      

(2)   

(3)

(4)

 

(q) Narasojipatti

(r) Pallapatti

P.

 P.

 

 

3. Coimbatore U.A.-

(a) Coimbatore

(b) Singanallur

(c) Kurichi

(d) Telungupalayam

(e) Sanganur

 (f)   Kuniamuthur

(g) Ganpathy

(h) Madukkarai

(i)   Komarapalayam

 (j)   Vellalore

(k) Sulur

(1)   Perianaickenpalayam..

 (m) Kurudumpalayam

(n) Kavundampalayam    ..

(o) Vilankuruchi

(p) Veerakeralam

(q) Perur Chettipalayam ..

(r) Perur

(s) Chinnavedampatti

(t)   Narasimhanaic-enpalayam

(u) Pallapalayam

(v) Coimbatore

(w) Muthugounden Pudur Railway Colony

M.

M.

P.

P.

P.

P.

P.

T.S.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

N.M.

Southern Railway Adminis tration

5 Kms.  C

 

 

4. Madurai U.A.-

(a) Madurai

 (b) Madakulam

(c) Avaniapuram

(d) Tirupparankundram ..

(e) Thallakkulam

M.

C.

P.

P.

P.

P.

5 Kms.  C

 

 

 

State/ Union          territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(f)  Ponmeni

(g) Pravai

 (h) Vilangudi

 (i)   Samayanallur

 (j)   Sathamangalam

(k) Beebikulam

 (1)   Harveypatti

 (m)Tirunagar

(n) Thathaneri

 (o) Thaigarajar Colony

P

P

 P

 P

P

P

T.S.

 P

P

P

 

 

5. Tiruchirapalli U.A.-

(a) Tiruchirapalli

(b) Srirangam (c) Ponmalai         

(d) Golden Rock Railway Colony

(e) Ariyamangalam

(f)  Alathur

(g) Abishekpuram

(h) Pirattiyur

(i)   Ulkadi Ariyamangalam

M.

 M.

P.

P.

P.

P.

P.

P.

P.

5 Kms.  C

 

6. Tirunelveli U.A.-

(a) Tirunelveli

(b) Palayambkottai

(c) Thatchanallur

(d) Naranammalpuram   ..

 (e) Thalaiyuthu

 (f)  Palayamkottai (N.M.) ..

(g) Sankarnagar

(h) Alganeri

(i)  Melanatham

 (j)   Pettai

 

M.

M

P.

P.

N.

M.

T.S.

P. P.

P.

1 Km.    D

14. Uttar Pradesh

1. Moradabad U.A.-

 

1 Km.    D

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(a) Moradabad

(b) Moradabad Railway Settlement

M.B.

N.A.

 

 

2. Bareilly U.A.-

(a) Bareilly M.B. and Northern Railway Colonies-

(i) Bareilly

fii) Northern Railway Colony

(b) Bareilly Cantonment ..

(c) Izatnagar Railway Settlement

M.B.

Cantt. N.A.

 

 

3. Dehra Dun U.A.-

(a) Dehra Dun M.B. 66 Forest Research Institute & College Area

(i) Dehra Dun

(ii) Forest Research Institute and College Area

(b) Debra Dun Cantonment

M.B.

Cantt.

1 Km.    D

 

 

4. Meerut U.A.-

(a) Meerut

(b) Meerut Cantonment

(c) Malyana

 

M.B.

Cantt.

5 Kms.  C

 

5. Agra U.A.-

(a) Agra

(b) Agra Cantonment

(c) Dayalbagh

(d) Swamibagh

 

M.C.

Cantt.

T.A. T.A.

5 Kms.  C

 

6. Kanpur U.A.-

(a) Kanpur M.C., Rawatpur Station-yard and Central Railway Colony-

 

5 Kms. B

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(i)  Kanpur

(ii)  Rawatpur Stationyard

(iii)  Central Railway Colony

(b) Kanpur Cantonment

(c) Armapur Estate

(d) Northern Railway Colony

(e) Chakeri (f)   I.I.T. Kanpur

M.C. Cantt.

 

 

7. Allahabad U.A.-

(a) Allahabad (M.C.) and Subedarganj Railway Colony-(i) Allahabad

(ii)  Subedargang Railway Colony

(b) Allahabad Cantonment

M.C. Cantt.

5 Kms.  C

 

8. Lucknow U.A.-(a) Lucknow

(b) Lucknow Cantonment

(c) Charbagh Alambagh ..

M.C.

Cantt.

N.A.

5 Kms.  C

 

9. Gorkhpur

M.B.

1 Kms.  D

 

10. Varanasi U.A.-

(a) Varanasi M.C. and Varanasi Railway Colony-

(i)  Varanasi

(ii) Varanasi Railway Colony

(b) Banaras Hindu University

(c) Varanasi Cantonment

M.C. Cantt.

5 Kms.  C

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

1 1 . Aligarh 12. Saharanpur

 

 

15. West Bengal

1. Calcutta U.A.

(1) Calcutta

(2)  Howrah

(3) South Suburban

 (4)  Bhatpara

 (5)  South Dum Dum     ..

(6)  Kamarhati

(7)  Garden Reach

(8) Panihati

(9)  Baranagar

(10)  Hooghly Chinsura   ..

(11)  Serampore

(12) Barrackpur

 (13) Tiragarh

(14) Naihati

(15)  Kanchrapara

(16)  North Barrackpur   ..

(17)  Chandannagar

(18) Halisahar

 (19) Uttarpara-Kotrung ..

 (20) North Dum Dum     ..

(21)  Rishra

(22)  Bansberia

(23)  Panchur

 (24) Champdani

(25)  Baidyabati

(26)  Bhadreswar

(27)  Garulia

(28)  Baly

(29)  Konnagar

(30) Khardaha

(31)  Dum Dum

 

M.

C.

M.

C.

M.

M.

M.

M.

M.

M.

M.

M.

M.

M.

M.

M.

M.

M.

M.

C.

M.

C.

M.

M.

M.

M.

M.

N.M.

M.

M.

M. N.

M.

M.

M.

M.

 

8 Kms. A

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(32) Deulpara

(33)  Barrackpur Cantonment

(34)  Kasba

(35)  Garfa

(36)  Sultanpur

(37)  Kalyani

(38)  Bansdroni

(39)  Santoshpur

(40)  Rajapur

(41) Jadabpur

(42)  Bademasar

(43)  Ichhapur Defence Estate

(44) Jagannathgarh

(45)  Sarenga

(46)  Makhla

(47)  Nabagram Colony   ..

(48)  Sankrail

(49)  Kolara

(50) Bankara

(51)  Nibra

(52)  Kambahari

(53)  Manikpur

(54)  Banupur

(55)  Patulia

(56)  Chakapara

(57)  Mahiari

(58)  Dhuilya

(59)  Garui

(60)  Gardaha

 (61)  Krishnagar

(62) Jhorhat

(63)  Madrail Fingapara  ..

(64)  Chakdaha

N.M.

Cantt.

N.M.

N.M.

N.M..

N.M.

N.M.

N.M.

 N.M.

 N.M.

 N.M,

N.M.

 N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

 

 

 

State/ Union territory

Towns

Peripheral area

Category

(1)

(2)

(3)

(4)

 

(65) Masila

(66) P,urba Putiari

(67) Bisarpara

(68) Panpur

(69) Bandra

(70) Kerulia

(71) Dum Dum Aerodrome Area

(72) Podara

(73) Andul

(74) Narayanpur

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

N.M.

 

 

2. Asansol U.A.-

(a) Asansol

(b) Outer Burnpur

(c) Burnpur

 

M.

N.M.

N.M.

1 Km.    D

UNION TERRITORIES:

1 . Chandigarh

3. Durgapur

Chandigarh U.A.-

(a) Chandigarh (b) Manimajra

 

N.M.

E.G. P.

1 Km.    D 1 Km.    D

2. Delhi

Delhi U.A. (a) Delhi (b) New Delhi (c) Delhi Cantonment

M. Corp. M.C. C.B.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE -- II

[See Section 11(2)]

Principles for Determination of the

Net Average Annual Income

1.   The competent authority shall first determine the gross income actually derived by the holder of the vacant land acquired during the period of five consecutive years referred to in clause (a) of sub-section (1) of section 11 including any income from any produce derived from cultivation of the land during the said period.

2.   For such determination the competent authority may-

(a)  hold any local inquiry and obtain, if necessary, certified copies of extracts from the property tax assessment books of the municipal or other local authority concerned showing the rental value of such land;

(b)  estimate the income from any produce from such land, after holding such local inquiry and taking such evidence as it thinks fit and after giving an opportunity to the person concerned of being heard in the matter

.3. The net average annual income referred to in clause (a) of sub-section (1) of section 11 shall be sixty per cent, of the average annual gross income which shall be one-fifth of the gross income during the five consecutive years as determined by the competent authority under paragraph 1.

4. Forty per cent, of the gross annual income referred to above shall not be taken into consideration in determining the net average annual income but shall be deducted in lieu of the expenditure which the holder of the vacant land would normally incur for payment of any tax to the municipal or other local authority and for collection and other charges including cultivation charges.

THE URBAN LAND

(ceiling and regulation)

rules, 1976

G.S.R. 85(E), dated 17th February, 1976.1 :—In exercise of the powers conferred by sub-section (1), read with sub-section (2) of Section 46 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), the Central Government hereby makes the following rules, namely :

1.   Short title and commencement :—(1) These rules may be called the Urban Land (Ceiling and Regulation) Rules, 1976.

(2) They shall come into force on the date2 of their publication in the Official Gazette.

2.   Definition :—In these rules, unless the context otherwise requires,—

(a)   Viet" means the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976);

(b)   "Form" means a form as given in the First Schedule;

(c)   "Schedule" means a schedule appended to these rules;

3[(cc) "scheme" means a scheme referred to in sub-section (1) of Section 21 and approved by the authority specified by the State Government under that sub-section];

(d)   "section" means a section of the act.

3.   Statement by person holding excess lands :—Every statement under section 6 shall be filed within 4[two hundred and twelve days] from the commencement of the Act and such statement shall contain the particulars specified in Form I];

Provided that where any vacant land exempted by Clause (iv) of sub­section (1) of section 19 or sub-section (1) of seciton 26 ceases to be so exempted, the statement referred to in sub-section (1) of section 6 in relation to such vacant land shall be filed within ninety days from the date on which such vacant land ceases to be so exempted.

Explanation :—In this rule, "commencement of the Act" shall have the meaning assigned to the expression "commencement of this Act" in the explanation to sub-section (1) of section 6.

- - -

1.    Published in the Gazette of India, Extraordinary, Pt.II, Section 3(i), dated 17th February,  1976.

2.    Enforced w.e.f. 17th February,  1976.

3.    Inserted by G.S.R.No.765(E), dated 19th December,  1977, published in the Gazette of India, -Extraordinary, Pt.II, Sec. 3(i), dt.  19th Dec., 1977.

4.    Substituted by G.S.R.1262, dated 20th August,  1976, for "one hundred and eighty days" published in the Gazette of India, Section 3(i), dated 29th August,  1976, p.2290.

- - -

4.   Intimation by person holding vacant lands equal in extent within the jurisdiction of two or more competent authorities :—The intimation to be sent to the State Government or the Central Government under sub-section (2) or sub-section (3), as the case may be, of section 7 shall be in Form II.

5.   Particulars to be contained in draft statement as regards vacant lands and manner of service of the same :—(1) Every draft statement prepared under sub-section (1) of section 8 shall contain the particulars specified in Form III.

(2)  (a) The draft statement shall be served, together with the notice referred to in sub-section (3) of section 8, on—

(i) the holder of the vacant lands, and

(ii) all other persons, so far as may be known, who have, or are likely to have, any claim to, or interest in the ownership, or possession, or both, of the vacant lands, by sending the same by registered post addressed to the person concerned—

(i) in the case of the holder of the vacant lands, to his address as given in the statement filed in pursuance of sub-section (1) of section 6, and

(ii) in  the  case  of other person  at  their last known addresses.

(b)  Where the draft statement and the notice are returned as refused by the addressee, the same shall be deemed to have been duly served on such person.

(c)   Where the effects to serve the draft statement and the notice, on the holder of the vacant lands or, as the case may be, any other person referred to in (a), in the manner specified in that clause is not successful for reasons other than the reason referred to in clause (b), the draft statement and notice shall be served by affixing copies of the same in a conspicuous place in the office of the competent authority and also upon some conspicuous part of the house (if any) in which holder of the vacant lands or, the case may be, the other person is known to have last resided or carried on business or personally worked for gain.

Draft statement not to be served on all interested persons :—If a person could not be said to be an aggrieved person under section 33(1) of the Central Act, he would not be entitled to notice under Rule 5(2) of the rules. The requirement of notice under Rule 5(2) of the Rules must be tested with reference to the nature of the adverse interest the person has, who is required to the nature of the adverse interest the person has, who is required to be given notice. State differently, if a person has no adverse interest vis-a-vis that of the declarant, he is not entitled to notice.

Person interested :—When a transfer converted by section 4(4)(a) of the Central Act is liable to be ignored for purposes of the Act, the Society cannot contend that it is entitled for a notice as required under the Rules as a 'person interested'. The land in question was sought to be transferred after 17-2-1975 under an unregistered ante dated agreement of sale which cannot create any right or interest in favour of the alleged transferee-society. Durga Society cannot take shelter under the decree of the Civil Court in O.S.No.208/91 as the same is noe est in law as per Section 42 of the Central Act. Though a suit for specific performance is maintainable against the declarant, the same has to be ignored for purpose of the Act under section 4(4)(a) of the Central Act and the land so transferred has to be computed, for arriving at the excess vacant land held by the declarant. Hence the society cannot contend that it is entitled for a notice as required under Rules as a 'person interested'.

6.   Manner of publication of notification giving particulars of vacant lands :—The notification under sub-section (1) of section 10 shall be published for the information of the general public, in addition to the publication to be made in the Official Gazette of the State concerned, also in the following manner, namely :

(a)  by affixing copies of the notification in a conspicuous place in the office of the competent authority; and

'[(b) by affixing copies of the notification in a conspicuous place in the office of the District Collector, Tehsildar and Municipal Commissioner within the local limits of whose jurisdiction the vacant land to which the notification relates is situated :

Provided that where such vacant land is situated within the local limits of the jurisdiction of more than one District Collector, Tehsildar or Municipal Commissioner, the notification shall be affixed in a conspicuous place in the offices of all such District Collectors, Tehsildars or Municipal Commissioners.

Explanation 1:—For the purposes of this rule "Municipal Commissioner" means the Chief Executive Officer by whatever name called of any municipal corporation, municipal committee or board, a town area committee, a notified area committee or cantonment board, as the case may be.]

2[***]

7.   Time within which competent authority shall dispose of cases under sub-section (9) of section 11 :—Every case for determination of the amount to be paid to the person or persons having any interest in any vacant land shall be disposed of by the competent authority within one year from date on which such vacant land is deemed to have been acquired by the State Government.

8.   Particulars to be  mentioned in statements by person acquiring vacant lands  by inheritance,  etc.   on. or after the

- - -

1.    Subs, by G.S.R.1049, dated 8th July, 1976, published in the Gazette of India, dated 17th July, 1976.

2.    Omi. by G.S.R.1049, dated 8th July, 1976, published in the Gazette of India, dated 17th July, 1976.

- - -

commencement of the Act :—Every statement under sub-section (1) of Section 15 shall contain the particulars specified in Form IV.

9.   Particulars to be mentioned in statements under sub-section (1) of section 16 :—Every statement under sub-section (1) of section 16 shall contain the particulars specified in Form 1.

10.   Times during which the competent authority or any person acting under the orders of such authority may enter upon any vacant land under section 17 :—The competent authority or any person acting under the orders of the competent authority may enter upon any vacant land or any other land on which there is building for the purposes referred to in that section between sunrise and sunset.

11.   The time within which, and form in which, declaration under sub-section (1) of section 21 shall be made :—Every declaration under sub-section (1) of section 21 by a person holding vacant land shall be made within  '[one thousand,  one hundred and thirty-nine days] from the commencement of the Act and shall be in Form V :

Provided that—

(a)  where, on or after the commencement of the Act, any person acquires any vacant land in the manner provided in sub-section (1) of section 15, and on such acquisition, the extent of the land so acquired together with the extent of the vacant land, if any, already held by him exceeds in the aggregate the ceiling limit, then, the time within which such person may file the declaration referred to under sub-section (1) of section 21 shall be '[one thousand, one hundred and thirty-nine days] from the date on the which he acquires such vacant land in the manner aforesaid;

(b)  where any vacant land held by any person and exempted by clause (iv) of sub-section (1) of section 19 or sub-section (1) of section 20 ceases to be so exempted and as a consequence thereof the extent of such land, together with the extent of the vacant land, if any, already held by him, exceeds in the aggregate the ceiling limit, then the time within which such person may file the declaration referred to under sub-section (1) of section 21 shall be '[one thousand, one hundred and thirty-nine days] from the date on which such vacant land ceases to be so exempted.

2[11-A. Terms and conditions subject to which a person may be permitted to continue to' hold excess vacant land under sub-section (1) of section 21 :—The terms and conditions subject to which the competent authority may permit a person to continue to hold vacant land, in excess of the ceiling limit, under sub-section (1) of section 21, for the construction of

- - -

1.    Subs, by G.S.R.580(E), dated 18th December, 1978.

2.    Ins. by G.S.R.765(E), dt.  19th December,  1977, published in the Gazette of India, Extraordinary, Pt.II, section 3(i), dt.  19th Dec., 1977.

- - -

dwelling units for the accommodation of the weaker sections of the society in accordance with any scheme shall be the terms and conditions specified in Schedule I-A.]

12.   Particulars in a statement under sub-section (1) of section

22 :—Every statement under sub-section (1) of section 22 shall contain the particulars specified in Form VI.

13.   Form of and particulars in an application under sub-section (1) of section 24 :—Every application under sub-section (1) of section 24 shall be made in Form VII and shall contain the particulars specified therein.

14.   Form of application under sub-section (2) of section 27 :—

Every application under sub-section (2) of section 27 shall be in Form VIII.

15.   Supply of certified copies :—The competent authority may supply a party to any proceeding before it with certified copies of any document in relation to or produced in, that proceeding on an application made therefor '[which shall bear court-fees stamp of the value] as are specified in the Second Schedule in relation to that application.

2[15-A. Appellate authority :—(1) The authority to whom an appeal may be preferred, in the States or Union territories mentioned in col.(l) of the Second Schedule from an order referred to in col. (2) of the said schedule may by any competent authority under the Act [not being an order under section 11 of sub-section (1) of section 30] shall be, for the urban agglomerations specified in col.(3) of the said schedule, the authority specified in the corresponding entry in col. (4) thereof :

Provided that the authority so specified in col. (4) of the Second Schedule shall have no jurisdiction in relation to lands or buildings in cantonments declared as such under the Cantonments Act, 1924 (2 of 1924).

(2) The authority to whom an appeal may be preferred from the order [not being orders under section 11 or sub-section (1) of section 30] of the competent authorities, appointed for cantonments under the Act, mentioned in col.(l) of the Third Schedule shall be the authorities specified in the corresponding entry in col.(2) thereof.]

16.   Court-fees :—Every application, appeal or other proceeding under the Act, mentioned in the 2[the Fourth Schedule] shall bear court-fee stamps of the value specified against each such application, appeal or other proceeding in Col.3 of the said Schedule.

Shall

It is a well-known principle that in the interpretation of statutes that where the situation and the context warrants it, the word "shall" used in a section or rule of a statute has to be construed as "may".

- - -

1.    Subs. w.e.f.9th February, 1977 by G.S.R.183, dated 27th January, 1977.

2.    Ins. w.e.f.24th July, 1976 by G.S.R.I 107, dated llth July, 1976.

- - -

1[Schedule I]

Form I (To be furnished in triplicate)

(See rules 3 and 9)

Statement under sub-section (1) of section 6

Part A

Abstra ct of the total vacant land held by a person

1.    Name and address of the person filing the statement.

2.    Whether the statement relates    to   an individual or an association or body of individuals whether incorporated or not.

3.    The urban agglomeraton in which the vacant land is situated—

(a)  The urban agglomeration in which the major part of the vacant land is situated.

(b)  The urban agglomeration/urban agglomeration in which the other portions   of  the   vacant   land   is situated.

4.    The extent of each of the vacant lands referred to above and its location.

5.    State if the vacant land is—

(i)  only a vacant land,' (ii) land with a building, or

(iii) land with a building with a dwelling-unit therein.

6.    Have you made any transfer of any vacant land held by you as provided in section 4 of the Act after 17th February, 1975 and before the 28th January,  1976?   If so, the extent, location, mode and other details thereof (applicable only where the land is situated in a State to which the Act applies in the first instance).

7.    Have you made any transfer of any vacant land held by you as provided in section 5(1)   of  the   Act   during   the   period beginning with the 28th January, 1976

- - -

1.    Subs. w.e.f.  19th December,  1977 by G.S.R. 765 (E), dt.  19th Dec.  1977.

- - -

and ending with the commencement of the Act If so, the extent, location, mode and other details thereof (applicable only where the land is situated in a State to which the Act applies in the first instance).

8.   Have your acquired any vacant land on or after commencement of the Act under section 15(1) of the Act? If so, give details and particulars.

9.   Is any exemption from 'the ceiling limit being claimed or sought by you in respect of any vacant land held by you under section  19 or section 20?    If so, give details thereof.

10.  (a) Have you made any declaration under

sub-section (1) of section 21 in respect of any vacant land? If so, give particulars of that declaration.

(b) Have you attached a copy of the declaration to this statement?

Part B

Statement under sub-section (1) of section 6 of the Act

1.   Name and address of the person filing the statement.

2.   Whether the statement relates to an individual, a family, a firm, a company or an association or body of individuals, whether incorporated or not.

3.   Name and address of the person by whom the land is owned or held.

4.    (a) If the person specified in item 3 is mentally incapacitated from attending to his affairs, is the person specified in item 1—

(i) his guardian ; or

(ii) competent to act on his behalf?

(b) If the return relates to a family, is the person specified in item 1, the husband/wife/other         person competent to act on behalf of husband or wife or both.

(c) In the case of any other person, is the person referred to in item 1 competent to file the statement if not, what is the nature of his authority, to file the statement?

5.    If  the   return   relates   to   a   family, particulars of the members of the family:

(i)  Husband

(ii) Wife

(iii)  Unmarried minor children 1. 2.

6.    Have particulars of all vacant lands, with building proposed to be demolished and agricultural land owned; or possessed as owner or tenant or a mortgagee or under an irrevocable power-of-attorney or under a hire-purchase agreement or in any other capacity in the State, including lands   transferred   after   the    17th February, 1975 and lands exempted under section 19, by the person to whom the statement relates,  been furnished in Annexure A.

7.    (a) If there are any encumbrance on the lands included in Annexure A and, if so,

(b) have particulars of the encumbrances been furnished in Annexure B ?

8.    (a)  Is there any litigation pending in respect of any land included in Annexure A and if so,

(b) have particulars of the litigation been furnished in Annexure C ?

9.    (a)  Is there any arrears of land revenue or other amounts recoverable as arrears of land revenue or attachment or restraint or alienation in respect of any land included in Annexure A and, if so,

(b) have particulars of such arrears and of the proceedings pending for collection of such arrears or the particulars of such attachment or restraint on alienation been furnished in Annexure D ?

10.  (a) Is any land included in Annexure A in the possession of other persons by way of mortgage or otherwise and, if so,

(b) have particulars of such land been furnished in Annexure E ?

11.  (a) Is any land in respect of which exemption under section 19 of the Act is claimed included in Annexure A and, if so,

(b) have particulars of such land been furnished in Annexure F ?

12.  (a) Is any land in respect of which exemption is sought under section 20 of the Act included in Annexure A and, if so,

(b) have particulars of such land been furnished in Annexure G ?

13.  Have you filed a declaration under sub­section (1) of section 21?   If so, give particulars of the declaration and attach a copy of the same.

14.  Is there any other person interested in such land and if so have the name/ names and address/addresses and nature of interest of such person/ persons indicated in Annexure A ?

15.  (Applicable only where the land is situated in a State to which the Act applies in the first instance.)

(a) Whether any vacant land included in Annexure A has been transferred by you by way of sale, mortgage, gift, lease or otherwise —

(i) after the 17th February, 1975 and before the 28th January, 1976;

(ii) during the period beginning with the 18th January, 1975 and ending with the commencement of the Act, and if so;

(b) have particulars of each such transaction and the land or interest involved in such transaction been furnished in Annexure H.

16. Have the particulars of land which is desired to be retained and the land which is proposed to be surrendered been furnished in Annexure I ?

I hereby declare that to the best of my knowledge and belief the information furnished in this form and in Annexures A to I is the full and complete information of the entire holding of the person specified in item 3 within the State(S) of ................ and that the said person do not own or hold any other land either individually or jointly with others within any other State. In case any further clarification on any item is required, I shall furnish the same.

Signature of the person furnishing the statement.

Place    :

Date     :

To

The Competent Authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annexure A

SI.

No

State

District

Taluk

Village

Survey number and sub-division number or other identification number given for revenue purpose

Class of land, i.e. vacant land/and with building/ agriculture land

Extent in hectares and square metres

How acquired

1

2

3

4

5

6

7

8

9

 

 

 

Approved land use

Value in Rs.

In the case of land building the nature of building (i) whether residential or non-resi­dential or group hous­ing building-(ii) area occupied by that building and the area allowed for convenient enjoyment of the building, (iii) whether single storeyed or multi-stored

Nature with of interest in the land

Name & address of other persons, any, hav­ing inter­est in such lands and the nature of such interest

10

11

12

13

14    15

 

 

 

 

 

 

Particulars of all vacant lands, with building, land with building proposed to be demolished and agricultural land owned or possessed as owner or tenant mortgaged or under an irrevocable power-of-attorney or under a hire-purchase agree­ment or in any other capacity including lands transferred after the 17th February, 1975, by the person concerned.

Section I                        Land held as owner.

Section II                      Land held as tenant.

Section III                     Land held as mortgagee.

Section IV                      Land held under an irrevocable power-of-attorney.

Section V                       Land held under a hire-purchase agreement.

Section VI                      Land held in any other capacity.

Section VII               The right or interest of the person in land held by any firm or unincorporated association individuals on the basis of his share in such firm or association of individuals and the particulars of land held by such firm or association of individuals.

Section VIII         :         Share of theperson in the land held by a private trust, if he is a beneficiary of the private trust and his income from the private trust and the particulars of land held by the private trust.

Section IX           :          Share of the person in the land by a Hindu undivided family, if he is a member of the Hindu undivided family and the particulars of the land held by the Hindu undivided family.

Section X            :          Share of the person in the land held by a housing co-operative society and the particulars of land held by the housing co-operative society.

Notes :

(1)       The particulars should be furnished under different sections as shown above.

(2)       If the land for which particulars are furnished is not a registered sub-division, boundaries of it for easy identification should be mentioned against such each Serial No. in the remarks column.

(3)       A plan showing the location of the land should be furnished.

(4)       Attested copies of documents proving the title to the land should be attached.

Place :                                                          Signature of the person furnishing the statement

Date :

Annexure B

Particulars of encumbrances on the land included in Annexure A (Details of lands mortgaged to Government/Co­operative Societies and other bodies or Corporations as security for loans also be shown in this Annexure)

 

SI. No.

State

District

Taluk

Village

Survey number and sub-division number or other identification number given for revenue purposes

Extent in hectares and square metres

Particulars of encum­brances such as the names and addresses of the creditors, details of amount and document creating encumbrances

Remarks

1

2

3

4

5

6

7

8

9

 

 

 

 

 

 

 

 

 

 

Place   :                                                          Signature of the person furnishing the statement.

Date   :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annexure C

 

Particulars of any pending litigation in respect of the land included in Annexure A

 

SI. No.

State

District

Taluk

Village

Survey number and sub-division number or other identification number given for revenue purposes

Extent in hectares and square metres

Particulars of the litigation pending, the case number with the year, the name of the Court and the names of parties

Remarks

1

2

3

4

5

6

7

8

9

 

 

 

 

 

 

 

 

 

 

Place :                                                                                                          Signature of the person furnishing the statement.

Date   :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annexure D

Particulars of arrears of land revenue and other amounts recoverable as arrears of land revenue or attachment or restraint on alienation in force respect of land included in Annexure A

SI. No.

State

District

Taluk

Village

Survey number and sub-division number or other identification number given for revenue purposes

1

2

3

4

5

6

 

 

 

 

 

 

 

 

Extent in hectares and square metres

Amount of arrears in Rs. P.

Particulars of proceedings pending for collection of arrears of land revenue

Particulars of attachment

Particulars of restraint on alienation

Remarks

7

8

9

10

11

12

 

 

 

 

 

 

 

Place :                                                            Signature of the person furnishing the statement.

Date  :

 

Place :                                                       Signature of the person furnishing the statement.

Date   :

Annexure E

Particulars where the land or any building in the land is in the possession of others by way of lease on mortgage or otherwise

SI.

No.

State

District

Taluk

Village

Survey number and sub-division number or other identification number given for revenue purposes

1

2

3

4

5

6

 

 

 

 

 

 

 

 

Extent in hectares and square metres

Name and address of the person inpossession

The nature of the possession with details of document under which the person possesses

Remarks

7

8

9

10

 

 

 

 

 

Annexure F

Particulars of land in respect of which exemption under section 19 of the Act is claimed

SI.

No.

State

District

Taluk

Village

1

2

3

4

5

 

 

 

 

 

 

 

 

Survey number and sub-division number or other identification number given for revenue purposes

Extent in hectares and square metres

Purposefor which the land is now being used andfrom what date

Provision in section 19 under which exemption is claimed

Reasonfor claiming such exemption

Remarks

6

7

8

9

10

11

 

 

 

 

 

 

 

Place :                                                         Signature of the person furnishing the statement.

Date   :

Annexure G

Particulars of land for which exemption has been sought under section 20 of the Act

SI.

No.

State

District

Taluk

1

2

3

4

 

 

 

 

 

 

Village

Survey number and sub-division number or other identification number given for revenue purposes

Extent in hectares and square metres

Purpose for which exemption is sought, and particulars of application, if any, field for such exemption

5

6

7

8

 

 

 

 

 

Place :                                                                                                         Signature of the person furnishing the statement.

Date   :

 

 

 

 

Annexure H

Particulars of land or interest which have been disposed of on or after the 17th February, 1975/28-1-76/Commence-ment of the Act

SI. No.

State

District

Taluk

Village

Survey number and sub-division number or other identification number given for revenue purposes

Extent in hectares and square metres

1

2

3

4

5

6

7

 

 

 

 

 

 

 

 

 

How disposed of

To whom disposed of and his address

Reason for disposal

Date of disposal, number and year of the document the name of sub-Registry Office

If by way of gift, the name (of person), and the address to whom the gift was given

Remarks

8

9

10

11

12

13

 

 

 

 

 

 

 

Place :                                                      Signature of the person furnishing the statement.

Annexure I

Particulars of land desired to be retained and particulars of land proposed to be surrendered

Section (1)

 Land Desired to be retained

SI. No.

State

District

Taluk

Village

1

2

3

4

5

 

 

 

 

 

 

 

Survey number and sub-division number or other identification number given for revenue purposes

Extent in hectares and square metres

Whether mortgaged to Government or Co­operative Societies or other bodies or Corporations as security for loan

Remarks

6

7

8

9

 

 

 

 

 

Place :                                                     Signature of the person furnishing the statement.

Date   :

 

 

 

 

 

Section (2)

Land Proposed to be surrendered