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Section 4: The Deputy Commissioner may permit the cutting of trees under the following circumstances

The Andaman and Nicobar Islands Land Revenue and Land Reforms Rules 1968Union territory Rules of Andaman and Nicobar Islands · 1966

(i) The Trees or parts thereof are likely to cause damage to life or property; or there is likelihood of pollution of drinking water;

(ii) the trees are dead or dying;

(iii) the removal of trees will facilitate cultivation of food or Agricultural crops;

(iv) the cutting of trees by a tenant is necessary for his bona fide domestic purposes.

AA- DIVERSION OF LAND USE 4 A (1) Any tenant holding land for any purpose may apply to the Sub- Divisional Officer for permission to divert all or part of the land in his holding for any other purpose in Form A.

(2) The Sub-Divisional Officer shall cause an enquiry to be made and shall, unless he rejects the application for reasons to be recorded in writing, forward the application along with the report of the enquiry and his own recommendation to the Chief Commissioner through the Deputy Commissioner for making grant under clause

(i) of the section 146 as the case may be in the appropriate form.

(3) The Sub-Divisional Officer shall not reject an application for permission to divert land held for one purpose for any other purpose except on the following grounds :-

(a) the land held by the applicant for agricultural purpose being well-suited for such purposes, should not be diverted for any other purpose;

(b) the applicant, being a non-occupancy tenant, has not acquired the right of occupancy in the holding;

------------------------------------------------------------------------------------------ Part AA inserted vide Notification No. 127. F-No. 51-21/81-M & R Dated 8.5.87 4

(c) the permission if given in respect of any part of the applicant’s agricultural holding will render the remaining agricultural holding uneconomic :

(d) the permission if given will result in the use of the land in question not in conformity with the use to which land in the vicinity has been put or can be put according to directions issued by the Chief Commissioner on Town and Country Planning consideration;

(e) the applicant, being incapable of putting the land in question efficiently and immediately to the alternative use as intended by him, is likely to hold the land in question for the alternative use only for speculative purposes.

Note: Norms for efficient and immediate use of land for various purposes shall be as specified by the Chief Commissioner from time to time, by notification in the Official Gazette.

(f) the applicant being a tenant seeking diversion of use of land for construction of dwelling house, already possess a house site or a house in a village well connected to the land in respect of which permission is sought, or has been granted similar permission in respect of which permission has been sought.

(g) The authority competent to make a grant or grant a licence for the intended alternative use has not made such a grant or granted such licence.

(4) Where an application of land use in any holding is not rejected by the SDO, he shall, on deposit by the applicant of the premium, if any, determinable under these Rules allow such diversion in accordance with the terms of the grant made or licence granted in pursuance of the recommendations made in sub rule (3).

B. VARIATION OF LAND REVENUE I. Diverting from a non-agricultural purpose to an agricultural purpose in non-urban areas.

5. When land already diverted to a non-agricultural purpose and reassessed to land revenue on that basis is re-diverted to an agricultural purpose, it shall be assessed to land revenue on the basis of the last settlement.

6. In case falling under Rule 5, where no assessment had been made during the last settlement assessment shall be made on the basis of rate adopted for lands of similar soil in the same village or neighboring villages, at the last settlement.

7. The assessment made under Rules 5 and 6 shall remain in force till the next succeeding settlement of the village.

II. Diverting from and agricultural purpose to a non- agricultural purpose

(a) Non urban areas.

\[ Sec. 40 (5) 5

Where this provision sits

ActThe Andaman and Nicobar Islands Land Revenue and Land Reforms Rules 1968
Section4
Marginal noteThe Deputy Commissioner may permit the cutting of trees under the following circumstances
JurisdictionUnion territory of Andaman and Nicobar Islands
StatusIn force as published by the source

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