Chapter VIII 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 of 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 Kota Region should be acquired, the State Government may acquire the land under and in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No. 30 of 2013).

Where any land is taken in possession of the State Government, it 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 102A of that Act in Kota 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, Kota North, Municipal Corporation, Kota South, Municipal Board, Kaithoon or Municipal Board, Keshavraipatan 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, Kota North, Municipal Corporation, Kota South, Municipal Board, Kaithoon, Municipal Board, Keshavraipatan or any Department of the State Government, as the case may be, on such terms and conditions as may be deemed fit.
4. (4) All lands 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) Any land deemed to have been placed at the disposal of the Authority under section 90-A of the Rajasthan Land Revenue Act. 1956 (Act No.15 of 1956) shall be available for allotment or regularisation by the Authority to the person or persons, as the case may be, specified in that section subject to the terms and conditions prescribed, and on payment to the Authority of the urban assessment or premium or both leviable and recoverable, under that section.
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 49 or section 50 shall be either on free hold basis or on lease hold basis.
2. (2) Any land sold, allotted, regularised or otherwise transferred on lease hold basis may be converted in free hold basis subject to such terms and conditions, and on payment of 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.

1. (1) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, if, at any time, before or after the lease deed, executed and registered, in respect of land disposed of under this Chapter either on lease hold basis or on free hold basis, the Authority has reasons to believe that allotment of land has been obtained, and lease deed has been executed, by way of misrepresentation of facts or on the basis of false documents or with collusion or in contravention of law, it shall issue in the manner hereinafter provided a notice in writing to show cause why an order of revocation of allotment and cancellation of the lease deed of the land should not be made.
2. (2) The notice shall-
   • (a) specify the grounds on which an order of revocation of allotment and cancellation of the lease deed of the land is proposed to be made; and
   • (b) require all persons concerned, that is to say, all persons who are or may be, in occupation of or claim interest in, the land, to show cause, if any, against the proposed order on or before such date as is specified in the notice being a date not earlier than seven days from the date of issue thereof.
3. (3) If, after considering the cause, if any, shown by any person in pursuance of a notice under sub-section (1) and any evidence he may produce in support of the same and after giving him, a reasonable opportunity of being heard, the Authority is satisfied that the lease is obtained by misrepresentation of facts or on the basis of false documents or with collusion or in contravention of law, the Authority may, make an order of revocation of allotment and cancellation of the lease deed of the land and also make an order of eviction, for reasons to be recorded therein, directing that the land shall be vacated by all persons who are or may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the land.

1. (1) Any person who holds non-agricultural land within the jurisdiction of the Authority otherwise than under a lease or license issued by the Authority may, in the prescribed manner, surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta.
2. (2) Any person who holds any order or patta issued under any other law may also surrender his rights in such land in favour of the Authority for the purpose of obtaining free hold rights from the Authority, the Authority may accept such rights and may issue free hold patta. In case such land is on leasehold basis the free hold patta shall be issued on depositing one time lease money as may be prescribed.
3. (3) On acceptance of rights by the Authority under subsections (1) and (2), all the rights of the holder in the said land shall vest in the Authority and the Authority shall, subject to the other provisions of this Act and the rules made thereunder and on payment by the holder such fee or charges as may be determined by the State Government, issue free hold patta to the holder of the said land.
4. (4) The free hold patta issued under sub-section (3) shall be subject to all the covenants and encumbrances which were attached to the land and existed immediately before acceptance by the Authority of the rights under sub-sections (1) and (2).