Chapter IX LAND POOLING SCHEME

The land pooling scheme is intended for land owners volunteering to surrender their land against a guaranteed return of a developed and reconstituted plot/land.

(1) The reservation and allotment of land for various purposes in the land pooling scheme may be as specified below:- (a) ten percent of total area of the scheme for parks, playgrounds, gardens and open spaces; (b) thirty percent of total area of the scheme for roads and utility services; (c) five percent of total area of the scheme for social amenities such as school, dispensary and other community facilities; (d) at least five percent of total area of the scheme for providing affordable housing for the poor; (e) a share of total area of the scheme specified by the Authority for reconstituted plots / land for re-allotment to land owners; (f) a share of total area of the scheme specified by the Authority in lieu of the cost of development towards the provision of infrastructure, amenities, trunk infrastructure and other costs and expenses to be incurred for the scheme. The Authority may use this land for development of capital city area or for residential or commercial or public or semipublic or any other purposes as may be approved by the Authority: Provided that the percentage of the allotment of land as specified in Clauses from (b) to (d) may be

The developer entity intending to undertake a land pooling scheme shall obtain a license from the Commissioner to formulate and implement a land pooling scheme containing such particulars and details as may be prescribed: Provided that,- (1) the developer entity shall submit the application to formulate and implement a land pooling scheme only after a notification is issued by the Authority as stated at sub-section (3) of section 43 under the Act; (2) the requirements of the Scheme as prescribed under this Act shall be complied with; (3) the costs for development of the development scheme shall factored into the project before the developer undertakes the development work; (4) the developer entity shall obtain all necessary permissions from the Commissioner as required under the Act duly paying the prescribed fees and charges to undertake the scheme; (5) The developer entity shall mortgage a part of the scheme area as prescribed in favour of the Authority in order to comply with the conditions of the development scheme and the same shall be re-conveyed by the Commissioner while issuing the completion certificate of the scheme.

(1) Competent Authority for Land Pooling shall be the Commissioner and includes such other officers along with staff, appointed by Government for the purpose. (2) The area for the land pooling scheme may be identified by the Commissioner either on his own or based on the applications received from the land owners or developer entity. (3) The Commissioner shall obtain the approval of the Authority and initiate land pooling scheme for the identified area: Provided that no such approval shall be necessary in case of any area notified by the Government under sub-sections (5) and (6) of section 43. (4) The Competent Authority for Land Pooling shall issue notification declaring its intention (hereinafter referred to as the ‘declaration of intention’) to make the land pooling scheme in respect of such an area in the prescribed manner within prescribed time period, calling for objections or suggestions as well as consent, from owners or interested parties whose lands are included in the land pooling scheme within a period of 30 days from the date of publication of such notification. (5) The Authority shall hear all such objections and suggestions within prescribed time period and approve the area with or without modifications within prescribed time period. (6) The Competent Authority for Land Pooling within prescribed time period shall notify the modified area of the land pooling scheme for the preparation of draft land pooling scheme. (7) Verification of the title and extent of consenting land owners shall be done under sub-section (1) of section 48. (8) Disputed ownership shall be resolved under section 50.

(1) The Competent Authority for Land Pooling shall make a draft land pooling scheme of the area in accordance with sanctioned development plans in consultation with land owners within the prescribed time period. Such consultations shall be related to the provisions made under section 44 of this Act and each such consultation has to be recorded in writing and has to be signed by the Competent Authority for Land Pooling on behalf of the Authority. (2) The Authority shall approve and publish the notification of draft land pooling scheme within prescribed time period along with the conditions if any for carrying out the provisions of the scheme, calling for objections or suggestions from the land owners whose lands are included in the land pooling scheme giving a time period of thirty days from the date of publication of the notification.

(1) If any person affected by such scheme communicates in writing to the Authority, any objections relating to such scheme, the Authority shall consider such objections and may at any time before approving the final land pooling scheme modify such scheme as it thinks fit. (2) The notified area under the final land pooling scheme shall vest absolutely with the State Government and Authority acting on behalf of Government, free from all encumbrances, for reconstituting and implementing the land pooling scheme. The lands shall be managed by the Authority for the purposes of this Act. (3) After publication of the final land pooling scheme within the prescribed time period, the Competent Authority for Land Pooling shall issue a land pooling ownership certificate. (4) The land pooling ownership certificate shall contain details of the land owner’s original land and that of the reconstituted plot/land, including its original ownership details, along with a sketch of reconstituted plots, and such certificate shall be the conclusive evidence of the title of the property in respect of the reconstituted plot/land and shall be eligible for transfer of rights of the property in accordance with the provisions of the Registration Act, 1908. (Central Act XVI of 1908). (5) After notification of the final land pooling scheme, the same shall be incorporated in the notified plans under section 38 as the case may be. (6) All lands reserved for the parks, play grounds and open spaces, and all lands allotted for roads, social amenities and affordable housing shall be deemed to be handed over to the Authority upon notification of the final land pooling scheme. (7) All lands allotted for the Authority or the developer entity, as the case may be, shall also be deemed to be handed over to the Authority or the developer entity, as the case may be. (8) The notified final land pooling scheme shall be a deemed layout development permission by the Authority. (9) The owner of the reconstituted plot will be responsible for the following, namely,- (a) for providing all the required infrastructure within the reconstituted plot and for obtaining development permissions as per applicable regulations; (b) to obtain all permissions and requisite ‘No Objection Certificates’ required for the development of the reconstituted plot; and (c) to pay necessary fees and charges as per the rules for the sanction of development permission before commencing any construction activity on reconstituted plots.

(1) The permission for the final land pooling scheme shall remain valid for a period as may be prescribed. (2) The physical demarcation of roads and plots of the final land pooling scheme shall be commenced immediately on final sanction and shall be completed within the prescribed time period. (3) The Competent Authority for Land Pooling shall hand over the reconstituted plots to the land owners after formation of the roads as per the final land pooling scheme within a period as may be prescribed. (4) The remaining infrastructure shall be developed in a phased manner in a period as may be prescribed. (5) If the works are not completed within the prescribed period, the final sanction and permission shall be revalidated by the Authority for a maximum period as may be prescribed.

(1) The Commissioner shall, duly furnishing the details of completion of the works along with the necessary infrastructure plans, publish a notice of completion of the final land pooling scheme within the period as may be prescribed. (2) The Commissioner shall also publish the details of re-allotment of reconstituted plots / lands along with land mutation records and land pooling ownership certificates. (3) On verification of the details in sub-section (1) and sub-section (2), the Commissioner shall issue the Completion Certificate along with layout of final land pooling scheme.

(1) Reconstituted plot/land owners shall have to pay for the usage, consumption and maintenance charges levied by the local bodies or agencies responsible for the common infrastructure and respective services including roads, street lighting, solid waste management, sewerage treatment facility, water supply, parks and play grounds and other amenities. (2) The Authority may maintain the common infrastructure and facilities either on its own or authorize a Local body or an elected resident welfare association duly collecting the necessary charges for such maintenance.