Collector empowered to forfeit disputed allocated land in merged Dadra and Nagar Haveli and Daman and Diu
Jan 20, 2022
New Delhi [India], January 20 : Collector has been empowered in merged Dadra and Nagar Haveli and Daman and Diu to forfeit disputed land allocated for residential, commercial, industrial, public or semi-public or any non-agricultural purpose in failure to start such bona fide non-agricultural use within five years from the date of regularization.
The fresh move comes as the Ministry of Home Affairs notified the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Law) Third Order, 2022 on Tuesday which provides changes in a particular section of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 as extended in the merged UT.
"Provided that, save as otherwise provided in section 31, the Collector may, upon an application made in this regard, regularise a transfer or partition of a land contrary to the provisions of this Act made on or after 30th November 1983 and before the date of commencement of the Dadra and Nagar Haveli and Daman and Diu (Adaptation of State Law) Third Order, 2022," the order mentions.
As per the order, if such land is allocated to residential, commercial, industrial, public or semi-public or any non-agricultural use, in the prevailing draft or final Regional Plan; or is intended to be used for any bona fide non-agricultural user, subject to payment of
regularisation premium at such per centum not exceeding twenty-five per cent of the market value of such land as per the Annual Statement of Rates, as the Administrator may notify, from time to time, in the Official Gazette.
"Provided further that, save as otherwise provided in section 31, if a transaction of transfer or partition of land contrary to the provisions of this Act is regularised on the ground that the land would be used for any bona fide non-agricultural use, then failure to start such bona fide non-agricultural use within five years from the date of regularization shall result in forfeiture of such land by the Collector," the notification reads.
Such land thereafter shall be first offered to the holder or occupant of a neighbouring contiguous survey number or recognized sub-division of a survey number on payment of 50 per cent of the market value of such land.
As per the prevailing Annual Statement of Rates, three-fourths of the amount so collected shall be paid to the defaulting person from whom such land was forfeited to the Union territory Administration and the remaining one-fourth of the amount so collected shall be credited into the Union territory Administration account.
Where occupant of such neighbouring contiguous survey number or recognized sub-division refuses to purchase the fragment, the order reads, the fragment shall be auctioned by the Union territory Administration and the proceeds thereof shall be divided between the defaulting person and the Union Territory Administration in the ratio of 3:1.
For the purposes of this sub-section, it further explains, the term "Annual Statement of Rates" shall mean the Annual Statement of Rates published under the provisions of rules made under the Stamp Act prevailing in Union territory or any other Rules for the time being in force in this regard, prevalent in respect of the year in which the order of regularisation is issued by the Collector or the year in which such premium is paid, whichever is later.
