Land right to slum dweller.

(1) Notwithstanding anything contained in any other State law for the time being in force, and subject to provisions of sub-section (2), every landless person, occupying land in a slum in any urban area by such date as may be notified by the State Government, shall be entitled for settlement of land and certificate of land right shall be issued in accordance with the provisions of this Act. (2) The land shall be settled in favour of a slum dweller to the extent specified hereinafter, namely: — (a) A slum dweller shall be entitled to a land as nearly as may be,— (i) where the slum is situated within the Municipal Council area, not exceeding forty-five square meter; (ii) where the slum is situated within the Notified Area Council area, not exceeding sixty-square meter: Provided that where a slum dweller is not getting in-situ settlement, in such event the maximum limit of land in a relocation site shall not exceed thirty square meter: Provided further that where the slum dweller is in occupation of land in any of the area mentioned in sub-clauses (i) or (ii), less than the maximum area mentioned therein, the land in actual occupation of such slum dweller shall be settled accordingly. (b) Where the slum dweller belongs to EWS category,— (i) the land shall be settled free of cost; and (ii) where settlement of land is made in excess of thirty square meter subject to maximum limit fixed in clause (a), the cost of such excess land shall be calculated at such percentum of the benchmark value of land as may be determined by the State Government, from time to time. (c) where the slum dweller belongs to any category other than EWS, the land shall be settled at such cost which shall be calculated at such percentum of the benchmark value of the land, as may be determined by the State Government, from time to time; and (d) where a slum dweller occupies land beyond the maximum permissible limit provided under clause (a), he shall voluntarily vacate such excess land and the Authorised Officer shall take over the possession of such excess land before the issue of the certificate of land right. (3) The land so settled as per sub-section (1) shall be heritable but not transferable by sub-lease, sale, gift, or any other manner whatsoever: Provided that, the land so settled may be mortgaged for the purpose of raising finance in the form of housing loan from any financial institution. (4) The certificate of land right shall be issued jointly in the name of both the spouses in case of married persons and in the name of single head in the case of a household headed by a single person. (5) If the slum dweller, with whom the land has been settled or right has been accrued for allotment of any land under this Act, transfers such land except by way of mortgage under sub-section (3) or uses the said land for any purpose other than residential purpose, the following consequences shall follow, namely:— (a) the certificate of land right issued under sub-section (1) shall stand automatically cancelled; (b) such transfer shall be null and void; (c) no right shall accrue to the transferee in respect of such land; (d) the Authorized Officer shall dispossess the person who is in actual possession of such land; (e) such slum dweller shall be debarred from getting any land in future under this Act; and (f) such slum dweller shall be guilty of an offence under this Act. (6) The slum dweller, with whom the land has been settled under this Act, shall not hold any certificate of land right in any other urban area of the State and if he holds any such certificate, he shall surrender all such certificates to the Authorised Officer in such manner as may be prescribed. (7) If any slum dweller is found to have obtained more than one certificate of land rights by way of misrepresentation of facts, the Authorised Officer shall, after giving reasonable opportunity of being heard to the slum dweller, cancel all the certificate of land rights and, without prejudice to the penalty that may be imposed under this Act, dispossess the person from such land. (8) The evidence for grant of certificate of land right under sub-section (1) in favour of slum dweller shall include — (a) Government authorized documents such as Aadhaar Card, voter identity card, ration card under National Food Security Act, 2013, smart card under Rashtriya Swasthya Bima Yojana (RSBY) or passport; or (b) Government records such as Census, survey, maps, satellite imagery, plans, reports, reports of committees and commissions, Government orders, notifications, circulars, resolutions. (9) The certificate of land right granted under sub-section (1) shall be acceptable as evidence for address proof of residence.