Chapter VIII Acquisition and Disposal of Land

The Authority may enter into an agreement with any person for the purchase, leasing or exchange by the Authority from such person, or any land which the Authority is authorised to acquire or any interest in such land.

Where, on any representation from the Authority, it appears to the State Government that, in order to enable the Authority to perform any of its functions or to discharge any of its. duties or to exercise any of its powers, or to carry out any of its projects or schemes or development programmes, it is necessary that any land in any part of the Jodhpur Region should be acquired, the State Government may acquire the land under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894).

Where any land is taken in possession of the State Government shall make that land available to the Authority for the purpose of performing its functions, discharging its duties and exercising its powers.

1. (1) Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), the land as defined in section 103 of that Act, excluding land referred to in sub-clause (ii) of clause (a) of the said section and nazul land placed at the disposal of a local authority under section 102-A of that Act in Jodhpur Region shall immediately after establishment of the Authority under section 3 of this Act, be deemed to have been placed at the disposal of and vested in the Authority which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act and may dispose of the same by way of allotment, regularisation or auction subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe: Provided that the Authority may dispose of any such land -
   • (a) without undertaking or carrying out any development thereon; or
   • (b) after undertaking or carrying out such development as it thinks fit, to such person, in such manner and subject to such covenants and conditions, as it may consider expedient to impose for securing development according to plan.
2. (2) No development of any land shall be undertaken or carried out except by or under the control and supervision of the Authority.
3. (3) If any land vested in the Authority is required at any time by the Municipal Corporation, Jodhpur for carrying out its functions, or by the State Government for any other purpose, the State Government may, by notification in the official Gazette, place such land at the disposal of the Municipal Corporation, Jodhpur or any Department of the State Government on such terms and conditions, as may be deemed fit.
4. (4) All land acquired by the Authority, or by the State Government and transferred to the Authority, shall be disposed of by the Authority in the same manner as may be prescribed for land in sub-section (1).

1. (1) All land which are deemed to have been placed at the disposal of the Authority under section 90-B of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) upon resumption or surrender of tenancy rights and interest of khatedars thereof, as the case may be, shall be available for allotment, or regularisation, preferably to the persons having possession over such land or part thereof, as the case may be, on the basis of allotment made or Patta given to them by the Housing Co-operative Society or on the basis of any other document of transfer of land to them either by tenant or any other person claiming through the tenant, whose tenancy rights have been resumed or surrendered, under the said provision on such terms and conditions and subject to payment to the Authority of such charges of premium or both, as the case may be, and at such rates of as may be prescribed by the State Government in this behalf: Provided that no allotment or regularisation of any land shall be made which-has been duly earmarked for public utilities/services such as park, nursery, civil or military aviation, us stand, transport terminal, railways, public roads, highways, footpath, sewage lines water supply, electricity supply, telephone lines, hospital, school educational institution university, cremation ground, graveyard and such other purposes as the State Government may specify by notification in the official Gazette.
2. (2) The charges realised under sub-section (1) shall be credited to the Consolidated fund of the State and to the fund of the Authority as may be determined by the State Government.

1. (1) Every transfer of land under section 48 or section 49 shall be either on free hold basis or on lease hold basis.
2. (2) Any land sold, allotted, regularized or otherwise transferred on lease hold basis may be converted in free hold basis subject to such terms and conditions, and on payment oi such conversion charges, as may be prescribed. Explanation. - For the purposes of this section, "free hold" means tenure in perpetuity with right of inheritance and alienation.