CourtMesh

Settlement or conversion of land allotted by other competent authorities:

State Order of Mizoram · 20136,464 characters of text

The enactment

TypeOrder
Year2013
JurisdictionState of Mizoram
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsproperty

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973 Postal Regn. No. NE-313(MZ) 2006-2008 NOTIFICATION No.H. 11018/4/2018-REV, the 16th January, 2019. Whereas there is a need to ensure proper land recording and smooth running of land administration, the Governor of Mizoram, exercising the powers conferred by section 128 and 129 of the Mizoram (Land Revenue) Act, 2013, is pleased to hereby issue the following orders, with immediate effect and until further order :

1 . Settlement or conversion of land allotted by other competent authorities:

1.1 No land shall be processed for settlement, except with prior approval of the Government, unless the land was previously allotted by the Government as per procedures of the relevant land law in force, and recorded-in the Record of Rights or General Register of the Land Revenue & Settlement Department, Government of Mizoram.

1.2 In case of land which is claimed to have been validly allotted by any competent authority other than the Government of Mizoram, the genuineness and validity of such allotment shall be confirmed against the records of the allotting authority, and such allotment of land may, thereafter, be converted into appropriate type of land allotment under the Mizoram (Land Revenue) Act, 2013, subject to prior approval of the Government and the provisions of the said Act.

2 . Partitioning, area-correction and extension of land holding:

2.1 Whenever it appears that the area of a land holding which is intended for partitioning needs correction, the required area-correction shall be completed first before processing the application for partitioning. The two proceedings, being different from each other shall not be taken up at the same time.

2.2 Extension of area of an allotted land towards adjacent public road or any other public place or property shall not be processed without obtaining from the authority controlling such public property a certification that such public property is not encroached or overlapped by the intended extension.

2.3 No land holding shall be extended so as to include the area occupied by existing drains or streams or any existing structure such as culvert, bridges and masonry works constructed by the Government or local body across or along such drainage or stream or public road on a public land.

VOL - XLVIII Aizawl, Friday 18.1.2019 Pausha 28, S.E. 1940, Issue No. 34

3. No-Objection from land holder beyond adjacent footpath, etc.:

3.1 Whenever there is a proposed step or footpath, or existing drain or stream (kawrte),etc. adjacent to the land applied for allotment or extension, whether the land beyond such stream, etc. is vacant or not shall be indicated on the sketch map.

3.2 If the land beyond is not vacant, the land holder concerned shall have to be informed to be present with a copy of his land document during the demarcation, and the signature of the land holder shall be obtained by the Surveyor on the NOC form. The land document No. and Year and the holder of such neighbouring land holding shall also be indicated on the sketch map and Surveyor’s comment for the land so demarcated.

4 . Name of proposer of footpath or road, etc. to be indicated in survey map:

If there is any proposed step or footpath or road beside the land applied for allotment, the name of person or authority who has proposed such road or footpath shall also be indicated by the Surveyor in his report. The proposed road or footpath shall also be recorded in the land record/land document of the neighbouring land holding concerned. · 5 . Updating G.I.S Data:

5.1 All demarcated land maps for applications for allotment of land shall be routed through the GIS Section for confirming the vacancy of the land concerned, and for monitoring overlapping application, and appropriate temporary marking shall be made on the database map for the area being applied, if the said area is vacant.

5.2 Whenever the site applied for allotment of land is found to have already been allotted earlier, the application shall be returned immediately to the Section concerned with appropriate remarks.

5.3 After the competent authority gives his decision on the application, the same shall be routed through the GIS Section in each LR&S Office for final updating of the database if the application is approved, or for cancellation of the temporary marking on the database map in case of rejection of the same.

6 . Updating of Land Record:

6.1 The General Register or Record of Rights and the GIS/Database Map, as the case may be, shall be updated on every instance of -

(a) New allotment of land, or

(b) Settlement of temporary allotted land, or

(c) Relinquishment of land holding, or

(d) Cancellation of allotment, or

(e) Mutation, or

(f) Alteration of area, or

(g) Diversion of land-use, or

(h) Renewal/extension of Lease period incase of temporarily allotted land holdings, or

(i) Mortgage of the land.

- 2 -Ex-34/2019

6.2 The Revenue Officer concerned shall furnish full updated information on any land to any bonafide citizen of India who requests for such information on the status of the land concerned, in the manner and on payment of any fee prescribed therefor under the law.

7. Relocation of allotted land

7.1 Inspite of the fact that there is no provision in the Mizoram (Land Revenue) Act, 2013 for relocating the allotment of land, there may be instances where relocation may be resorted to. In such a situation, the relocation of existing land allotment may be proposed to the Government by the Revenue Officer concerned, giving full clarification and justification therefor, along with suggestion as to where vacant land is available for the purpose.

7.2 Since relocation involves cancellation of the allotment at the existing/original location and allotment of land at a new location which is the sole purview of the Government, no allotment of land shall be relocated by any subordinate authority without prior approval of the Government.

7.3 Any relocation made without prior approval of the Government, if any, is null and void; however, the allotment so relocated as such shall remain valid for the location as originally approved by the Government unless the same has been cancelled by competent authority.

R. Lalramnghaka, Special Secretary to the Govt. of Mizoram, Land Revenue & Settlement Department.

Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 - 3 - Ex-34/2019

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? Settlement or conversion of land allotted by other competent authorities: is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.