Chapter III ACQUISITION AND DISPOSAL OF LAND

Infrastructure1977111 of 112 sections available7 chapters

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14. Compulsory acquisition of land

Statutory text

(1) When any land, other than the land owned by the Central Government, is required for the purposes of this Act, the State Government may, at the request of the Authority proceed to acquire it under the provisions of the Land Acquisition Act, 1894 as amended from time to time, and on payment by the Authority of the compensation awarded under that Act and of any other charges incurred in acquiring the land, the land shall vest in the Authority.
(2) For the purposes of the Land Acquisition Act, 1894, [and any other law for the time being in force] the Authority shall be deemed to be a local authority.

Chapter III ACQUISITION AND DISPOSAL OF LAND

15. Disposal of land

Statutory text

(1) Subject to any directions given by the State Government under this Act and to the provisions of sub-section (5), the Authority may dispose of-
- (a) any land acquired by it or transferred to it by the State Government without undertaking or carrying out any development thereon; or
- (b) any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such terms and conditions, as it considers expedient for securing development.
(2) Nothing in this Act shall be construed as enabling the Authority to dispose of land by way of gift, but subject to this condition, reference in this Act to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease or by the creation of any easement right or privilege or otherwise.
(3) Subject to the provisions hereinbefore contained the Authority may sell, lease, or otherwise transfer whether by auction allotment or otherwise, any land or building belonging to it on such terms and conditions as it may, by regulations, provide.
(4) The consideration money for any transfer under sub-section
(1) shall be paid to the Authority in such manner as may be provided by regulations.
(5) Notwithstanding anything contained in any other law, for the time being in force, any land or building or both, as the case may be, shall continue to belong to the authority until the entire consideration money together with interest and other amount, if any, due to the Authority on account of the sale of such land or building or both is paid.
(6) Until the conditions provided in the regulations are fulfilled, the transferee shall not transfer his rights in the land or building except with the previous permission of the Authority, which may be granted on such terms and conditions, as the Authority may deem fit.

Chapter III ACQUISITION AND DISPOSAL OF LAND

16. Imposition of penalty and mode of recovery of arrears

Statutory text

(1) Where any person makes default in the payment of-
- (i) any rent due in respect of any lease of any land or building or both, as the case may be, under section 15: or
- (ii) any fee or contribution payable under this Act in respect of any land or building or both, the Estate Officer may direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered from the person by way of penalty: Provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter.
(2) Where any person makes default in the payment of any amount being the arrears or penalty or both directed to be paid under sub-section (1), such amount may be recovered from him, in the same manner as arrears of land revenue.

Chapter III ACQUISITION AND DISPOSAL OF LAND

17. Resumption and forfeiture for breach of conditions of transfer

Statutory text

(1) Where any transferee makes default in the payment of any consideration money, or any instalment, on account of the sale of any land or building or both under section 15, the Estate Officer may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why a penalty, which shall not exceed ten per cent of the amount due from the transferee, be not imposed upon him.
(2) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer may, for reasons to be recorded in writing, make an order imposing the penalty and direct that the amount of money due along with the penalty be paid by the transferee within such period as may be specified in the order.
(3) If the transferee fails to pay the amount due together with the penalty in accordance with the order made under sub-section (1), or commits a breach of any other condition of sale, the Estate Officer may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why an order of resumption of the land or building or both, as the case may be, and forfeiture of the whole or any part of the money, if any, paid in respect thereof which in no case shall exceed ten per cent of the total amount of the consideration money, interest and other dues payable in respect of the sale of the land or building, should not be made.
(4) After considering the cause, if any, shown by the transferee in pursuance of a notice under sub-section
(3) and any evidence that he may produce in support of the same and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer, may for reasons to be recorded in writing, make an order resuming the land or building or both as the case may be, and directing the forfeiture as provided in sub-section
(3) of the whole or any part of the money paid in respect of such sale.
(5) Any person aggrieved by an order of the Estate Officer under section 16 or under this section may, within a period of thirty days of the date of the communication to him of such order, prefer an appeal to the Chief Administrator in such form and manner as may be prescribed: Provided that the Chief Administrator may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(6) The Chief Administrator may, after hearing the appeal, confirm, vary or reverse the order appealed from and may pass such order as he deems fit.
(7) The Chief Administrator may, either on his own motion or on an application received in this behalf, at any time within a period of six months from the date of the order, for the purpose of satisfying himself as to the legality or propriety of such order and may pass such order in relation thereto as he thinks fit: Provided that the Chief Administrator shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
(8) Any person aggrieved by an order of Chief Administrator under sub-section
(6) may within a period of ninety days of the date of the communication to him of such order, prefer a revision petition to the Secretary to Government, Haryana, Town and Country Planning Department, in such form and manner as may be prescribed: Provided that the Secretary to Government, Haryana, Town and Country Planning Department, may entertain the revision petition after the expiry of the said period of ninety days, if he is satisfied that the petitioner was prevented by sufficient cause from filing the revision petition in time.
(9) The Secretary to Government, Haryana, Town and Country Planning Department, may, after hearing the revision, confirm, vary or reverse the order appealed from and may pass such order as he deems fit: Provided that the Secretary to Government, Haryana, Town and Country Planning Department, shall not pass an order under this section without hearing the parties.

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