(1) Without prejudice to the provisions contained In the Act or in these rules, if at any time after an allotment, it is found by the allotting authority, either on complaint or otherwise, that an allotment of land under these rules was made upon a false, incorrect or misleading statement of facts or information made or given by the allottee to the allotting authority or to any officer or authority of the Himachal Pradesh Government, such allotment shall be cancelled by the allotting authority and the allotted land shall revert back to the State Government without any payment of compensation.
(2) Before passing an order of cancellation under sub-rule (1), the allotting authority shall give to the allottee concerned, an opportunity of being heard.
(3) For the purpose of proceeding under this rule, the allotting authority may ask for any relevant information or record from any officer or authority of Himachal Pradesh Government, who shall supply it to the allotting authority within the requisite time.
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1. Inserted by Notfn. No. F.4(4) Col/99, dt. 27.07.2001.
1[8-A. Review and Revision.- Notwithstanding anything contained in these rules, the order of cancellation of allotment may be reviewed and, after due enquiry, it may be withdrawn and the order of restoration of the original allotment may be passed by the Allotting Authority on an application presented, within sixty days from the date of coming into force of the Rajasthan Colonisation (Allotment of Government Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) (amendment) Rules, 1982, by a person who was previously allotted land under these Rules in the following cases :-
(i) in which the lands originally allotted were not situated in the command area of the Rajasthan Canal Project, or
(ii) in which the lands originally allotted were situated in the command area but are still not irrigable:
Provided, however, that in the meanwhile, the lands so allotted were not transferred by the allottees.
Explanation- I. In the cases mentioned at clauses (i) and (ii), alternative command area lands, which are irrigable, shall be allotted to the allottees concerned II. For the purposes of this rule, the term “irrigable” shall mean that water for irrigation is made available at the outlet of the minor canal concerned, as the construction of field channels is the responsibility of the allottee;
(iii) in which the allottee had not brought the entire (culturable) allotted land under cultivation within the prescribed period of six months;
(iv) in which the allottee had not taken possession of the allotted land within the prescribed period of 45 days of the receipt of no-time of allotments,
(v) in which the allottee had failed to pay the prescribed instalments of the reserve price of the land allotted in time;
(vi) in which the allottee had not cultivated the land personally; and 2[(vii) in which the allottee had not started living permanently in the Chak Abadi of the allotted land withn six months of date of taking of possession of the allotted land, and:
Provided that no order of restoration of the original allotment shall be passed under any of the above clauses, in any case in which an allottee had transferred the land previously allotted to him:
Provided further that upon restoration of the previous allotment, if the land originally allotted has, meanwhile, been allotted to any other person equivalent area of land shall be allotted elsewhere in the command area to the allottee.]
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1. Inserted by Notfn. No. F.4(3) Rev./Col/82, dt. 22.04.1982.
2. Inserted by Notfn. No. F.1(12) Rev/Col/78, dt. 22.10.1984.
1[Provided further that no order of restoration of the original allotment shall be made unless the allottee had started living permanently in the Chak Abadi of the allotted land or in the chak in which the allotted land is situated, before the order of cancellation of allotment and makes an application for review within 60 days from the commencement of Rajasthan Colonisation (Allotment of Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) (Amendment) Rules 1984:
Provided also that no order of restoration of the original allotment shall be made unless the allottee had taken over possession of the allotted land before the order of cancellation of allotment:
Provided also that where an allottee had failed to take possession, in accordance with sub-rule (7) of rule 5 a fresh order of allotment shall be made and not an order of restoration.]
2[8-AA. Further review.- (1) All applications for review under rule 8-A pending before the allotting authority on the date of commencement of Rajasthan Colonisation (Allotment of Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) (Amendment) Rules 1984: shall be heard and decided by him under and in accordance with these rules.
(2) Where a review application has already been decided by the Allotting Authority under rule 8- A as it stood immediately before the date of commencement of the Rajasthan Colonisation (Allotment of Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) (Amendment) Rules 1984 and the Allotting Authority is of the opinion that the order made by him on such review application is not consistent with the provisions of these rules, or where the order of restoration made under rule 8-A before the aforesaid date of such commencement is deemed to have been cancelled in accordance with sub-rule (7) of rule 5, he shall of his own motion further review the order and shall after giving the affected persons an opportunity of being heard, make an order of restoration or an order of allotment, as the case may be under and in accordance with these rules.
Explanation.- In this rule, the expression “these rules” shall mean the Rajasthan Colonisation (Allotment of Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) Rules 1972 as amended by the Rajasthan Colonisation (Allotment of Land to Pong Dam Oustees in the Indira Gandhi Canal Colony) (Amendment) Rules 1984.]
(3) Before passing an order of cancellation under sub-rule (1), the allotting authority shall give to the allottee concerned, an opportunity of being heard.
(4) For the purpose of proceeding under this rule, the allotting authority may ask for any relevant information or record from any officer or authority of Himachal Pradesh Government, who shall supply it to the allotting authority within the requisite time.
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1. Inserted by Notfn. No. F.1(12) Rev/Col/78, dt. 22.10.1984.
2. Inserted by Notfn. No. F.1(12) Rev/Col/78, dt. 22.10.1984.