Any land taken over by the Sub Divisional Officers/Tehsildar under Clause (6) or Clause (7) of rule 5 except those covered under rule 5A and the Evacuee lands which have vested in the State Government under the package deal and are lying vacant shall be disposed off in the following manner:-
(1)The land would be allotted to the eligible person by the Sub Divisional Officer in consultation with Advisory Committee.
(2) Where a strip of evacuee agriculture land is lying vacant, such strip of land shall be disposed off through allotment by the Sub Divisional Officer in consultation with the Advisory Committee by charging an amount @ 25% of market price prevalent in the area in cases where there is only one claimant. However, in case of S.C., S.T. and BPL allottess 50% of the above price shall be leviable. Where there are more than one claimants the land shall be disposed off through auction by the Sub Divisional Officer.
(3) Where an allottee of evacuee agriculture lands has illegally occupied land in excess of land allotted to him, such excess land shall be allotted subject to celling limit by the Sub Divisional Officer in consultation with Advisory Committee by charging an amount @ 25% of market price subject to a maximum of 15 bigha of such illegal possession. In cases of such allotment involving such excess lands more than 15 bigha 50% of market price prevalent in the area shall be charged for the land in excess of 15 bigha of such lands.
Provided that 50% of the above price shall be charged from S.C, S.T.
and BPL allottees.
(4) Where the evacuee agriculture lands have been vested in the State Government but such lands are in illegal possession of unauthorised persons as trespassers 11[or as sub tenant], such lands shall be allotted by the Sub Divisional Officer in consultation with the Advisory Committee by charging an amount @ 50% of market price prevalent in the area subject to a maximum limit of 15 bigha. In cases of such allotment involving lands more that 15 bigha full market price prevalent in the area will be charged for the lands in excess of 15 bigha of such lands.
Provided that 50% of the above price shall be charged from S.C., S.T.
and BPL allottees.
12[Provided further that13 [10%] of the above price shall be charged from small farmer and marginal farmer and 14[5%] of the above price shall be charged from Scheduled Caste and Scheduled Tribes and BPL category of small farmer and marginal farmer in rural areas.
Explanation: For the purposes of this proviso,-
1. ‘Marginal farmer’ means a cultivator with an un- irrigate land holding upto one hectare or irrigated land holding upto one- half hectare.
11 Inserted by F.9(79)Rev./gr6/11/23, dated: 03.10.13.
12 Added by F.9(79)Rev./gr6/11/34, dated: 20.11.17.
13 Substituted by F.9(16)Rev./gr6/18/15, dated: 22.03.08.
14 Substituted by F.9(16)Rev./gr6/18/15, dated: 22.03.08.
2. ‘Small farmer’ means a cultivator with an un-irrigated land holding upto two hectare or with an irrigated land holding upto one hectare, but more than the holding of a marginal farmer.]
(5) Where the evacuee agriculture lands are lying vacant such lands shall be disposed off by the Sub Divisional Officer in consultation with the Advisory Committee through auction of such lands where in the reserve price of such lands will be 25% of market price prevalent in the area.
(6) Where the evacuee agriculture lands are within municipal limits, such lands shall be transferred to concerned local bodies by the State Government in Revenue Department, by charging an amount equal to forty times of the lands revenue applicable.
(7) The Collector shall have the power to cancel any allotment/ regularisation made by Sub Divisional Officer either suo-moto 15[or] on an application of any person in case the allotment/ regularisation has been secured through fraud or misrepresentation or has been made against rules.
Provided that no such order to the 16[prejudice] of any person shall be passed without giving such person an opportunity of being heard.