(i) If price is agreed upon between the parties such price should be accepted;
(ii) If no price is agreed upon and accepted, it shall be determined and fixed having regard to-
(a) the rates at which similar land in the village or in its neighborhood were sold during the last three years;
(b) results of inquiry into the value of land if maintained under Section 45 (1), in the village or its neighboring villages;
(c) If no sales have taken place in the villages or in its neighborhood, or if there is nor record of results of inquiries under clause (b), the price may be determined as far as possible in accordance with the provisions of Land Acquisition Act, 1894, ignoring the extra 15 % for compulsory acquisition.
168. (1) In determining the amount of reduction, the Deputy Commissioner shall-
(i) in the case of reduction under clause (i) of sub section (1) of Section 158, work out after survey, if necessary the actual area of the survey numbers or plot numbers which has been wholly or partly rendered unfit for cultivation;
Note: - No reduction in revenue shall be allowed if the area which has become unfit for cultivation in holding is less than half a hectare.
(ii) In case of reduction under clause (ii) of Sub-section (1) of Section 158, the Deputy Commissioner shall ascertain by inquiry on the spot and from entries in settlement and land records the area of numbers which has diminished for any reason below the area in relation to which the land revenue was assessed.
(2) Subject to sub-rule (1) the reduction in revenue to be granted by Deputy Commissioner shall be worked out in the following manner: -
(i) under clause (i) of Sub-section (1) of Section 158-
(a) if the entire area has been rendered unfit, the amount equal to assessment entered under Section 52 in the records if any, of the affected survey numbers,
(b) if only part of survey numbers or plot numbers are rendered unfit for cultivation and their assessment is not separately recorded in any land records, reduction equal to the assessment of the affected area calculated and settlement rates applicable to the village.
(ii) under clause (ii) of Sub-section (1) of section 158- If the area of the holdings has decreased by acquisition of land under the Land Acquisition Act or for any other lawful reason, the reduction shall be calculated for the land going out of the holding on the basis of settlement soil classification and settlement rates.
Section 155 (4) Section 158 (1) 31 Section 160
(iii) while calculating the reduction in revenue a fraction of Paisa shall be ignored.
* 168 (A) Permission under sub-section (9) of section 159, to a licence to transfer his interest in any non-agricultural land being a house site shall not be granted, unless the following conditions are satisfied namely: -
(a) the licensee concerned shall not be a defaulter in payment of any government dues;
(b) in the case of a house site in the Port Blair Municipal area the licensee shall have constructed a dwelling housebuilding on such site in accordance with the building plan duly approved by the Port Blair Municipal Board as prescribed by the Town Planner;
Provided that this condition shall not be applicable to a house site in the Port Blair Municipal area, on which the licensee had constructed and/or had commenced the construction of a residential house/building prior to coming into being of the Port Blair Municipal Board or prior to the inclusion of the area within the limits of the Port Blair Municipal area as the case may be.
(c) in the case of non urban areas the licensee should have constructed a roofed structure made of whatever material at a dominant place on such site and such structure should be of a permanent character capable of affording protection of shelter and used for human inhabitation;
(d) the licensee should not have in his possession any area of land in excess of the area which was actually allotted to him i.e. he shall not be an encroacher. Permission to an encroacher shall be granted only after duly vacated; and
(e) a period of not less than two years should have lapsed from the actual date of completion of the construction of the residential house/building on the site before permission is granted.
Provided that this condition may be relaxed for special reasons by the Chief Commissioner.
169. (1) If on receipt of a report from Patwari or any other source it is found that any transfer of any right in a land is made in contravention of the provisions of Clause (ii) of sub-section (2) of Sec 159, the Sub- Divisional Officer shall after hearing the transferor and the transferee and make such other inquiries as he may deem fit and if he finds that the transfer of land was in contravention of the previous referred to above he shall pass an order forfeiting the interest in land to be specified therein to the Government. Such order shall come into force from the commencement of agricultural year next following the date of such order.
(2) The land revenue assessed on the transferred holding shall be apportioned on the basis of settlement soil classification and settlement rates.
------------------------------------------------------------------------------------------ * Inserted vide Notification No. 180/74-F 52. 4. J.I. dt 5.11.1974.
32 B. DISPOSAL OF INOCCUPIED LAND