Occupancy price

The Maharashtra Resettlement of Project Displaced Persons Act, 1976

General197632 sections

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Statutory text

(1) Subject to the provisions of this section, the occupancy price payable in respect of land to be granted under section 17 shall—
- (a) in the case of agricultural lands acquired from holdings in a benefited zone or from any villages or areas specified under section 10, be equal to the amount of compensation paid for their acquisition or the current market value thereof, whichever is more, and also the amount of expenses incurred on demarcation of all the lands so acquired, on levelling of such lands, on joint measurements on land improvement, if any, on fixing boundary marks or stones and on labour;
- (b) in the case of any Government agricultural lands, be in accordance with the provisions of the rules made under the Code for disposal of Government land; Explanation.—(i) In cases of unassessed lands, the occupancy price shall be payable having regard to the assessment leviable on the adjacent lands of similar quality and similarly situated.
  - (ii) The question whether adjacent lands are of similar quality or are similarly situated shall be decided by the State Government and the decision of the State Government on the question shall be final and conclusive;
- (c) in case of lands in a new gaothan established on lands acquired for the purpose, be equal to the amount of compensation paid for their acquisition in addition to the amount of expenses referred to in clause
- (a) including such expenses in respect of lands reserved for public purposes;
- (d) in case of lands in a new gaothan established on Government land, be equal to the amount of the expenses referred to in clause (c).
(2) For the purpose of determining the occupancy price payable under clause
- (a) of sub-section
(1) by a displaced person for the land granted to him, there shall be worked out first the occupancy price payable per hectare of such land by dividing, the sum of the amount of compensation or market value, whichever is more, and the amount of expenses referred to in the said clause
- (a) by the total area of the acquired lands in hectares, referred to in that clause. Thereupon the occupancy price payable in respect of such land shall be equal to the amount of occupancy price payable per hectare of land so worked out multiplied by the area in hectares of such land.
(3) For the purpose of determining the occupancy price—
- (a) payable under clause
- (c) of sub-section
(1) for each plot of land, there shall be worked out first the occupancy price payable per square metre of land by dividing the sum of the amount of compensation and the amount of expenses referred to in that clause by the total area of land in square metres required for the purposes of a new gaothan or for purposes of extension of the existing gaothan. Thereupon, the occupancy price payable in respect of each plot of land shall be equal to the amount of the occupancy price payable per square metre of land so worked out multiplied by the area in square metres of each such plot.
- (b) payable under clause
- (d) of sub-section
(1) for each plot of land, there shall be worked out first the occupancy price payable per square metre of land by dividing the amount of expenses referred to in that clause by the total area of the land in metres on which the gaothan or the extended part of an existing gaothan is established; and thereupon the provisions of clause
- (a) of this sub-section shall apply for determining the occupancy price payable for each plot of land.
(4) Where the amount of occupancy price payable in respect of land granted under this Act to any displaced person in a new gaothan or in an extended part of an existing gaothan under this section is in excess of the amount of compensation received by him in respect of his land in the old gaothan, then irrespective of the area of his land in the old gaothan or the area of his land in the new gaothan or in the extended part of an existing gaothan, the occupancy price payable by him in respect of the land granted to him in the new gaothan under this Act shall be equal to the amount of compensation received by him in respect of his land in the old gaothan; and the excess amount of occupancy price shall be borne by the State Government.
(5) Where a displaced person who has been granted land in a new gaothan has not received any compensation in respect of his land in the old gaothan for any reason, then no occupancy price shall be payable by such displaced person in respect of the land granted to him in the new gaothan or in the extended part of an existing gaothan.
(6) In addition to the occupancy price payable as aforesaid, the grantee shall be liable to pay such amount of the value of trees, if any, standing on the land as may be determined by the Deputy Director in consultation with the Divisional Forest Officer of the District.
(7) The occupancy price shall be payable in such manner and in lump sum or in such instalments as may be prescribed.

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