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INDIAN BARE ACTS

RULES FOR ASSIGNMENT OF HOUSE SITES IN VILLAGES AND TOWNS IN TELANGANA AREA

The Assignment of house sites in Telangana area
Telangana region marked in white within the st...

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RULES FOR ASSIGNMENT OF HOUSE SITES IN VILLAGES AND TOWNS IN TELANGANA AREA1

[G.O.Ms.No, 546, Revenue (Q-2), dt 26th April, 1975]

In exercise of the powers conferred by Section 172 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F, the Government of Andhra Pradesh makes the following rules relating to assignment of Government lands for house sites in Telangana Area in supersession of all previous orders on the subject.

2. The rule may be called “Rules for assignment of house sites in villages and towns in Telangana area.”

These rules shall come into force from the date of publication of the notification in the Official Gazette.

(1)           These rules apply to the assignment of house sites for private purposes
only, whether to individuals, firms or societies and whether the grant is
free or is made on payment of the full or a concessional value for the
land. Assignments for industrial, commercial or co-operative purposes
will, in addition to the usual conditions of assignment, be subject to
conditions laid down in Appendix-I.

(2)           No land belonging to the Government shall be assigned or sold, under
these rules, to any person other than a Citizen of India, except by the
Collector or the Board and with the previous permission of Government.
Every such assignment under these rules shall b’e subject to the
condition that, if the land is assigned without the sanction of Government
in favour of any person other than a citizen of India, the grant shall be
null and void.

No application for assignment or sale of Government land under these Rules, to a company, association or society should be considered unless suchcompany, association or society has been registered under the Indian Companies Act 1 of 1956 societies Registration Act (XXI of 1860) Religious Societies Act (1 of 1880), Co-operative Societies Act (Act II of 1912) or Provident Insurance Societies Act V of 1938 or the Indian Trade Unions Act XVI of 1926 or Multi Unit Co-operative societies Act (V of 1962) incorporated by an Act of Parliament or of the Indian Legislature.

(3)           These rules are intended to apply to assignment of sites for buildings
primarily intended as residential houses or cattle sheds and for similar
and ancillary purposes.

(4)           The assignment/of lands under these rules within 30 feet from the
boundary of the tank, channel, canal or well is strictly prohibited. Land
at the disposal of Government lying within these limits should be
reserved and entered in the Prohibitive Order Book. No Collector should
assign suqh fends without the previous permission of the Board.

SECTION  I – IN VILLAGES

1. (i) Scale of Grant:— Portions of Gouthan or village site at the disposal of Government not being land required for the common use of the villagers, may be granted for building purpose to bonafide applicants. The minimum extent to be assigned to any applicant for building houses should ordinarily be 10 cents but Tahsildars shall have discretion to grant a smaller 10 extent in special circumstances. If, for instance, the grant of an extent of cents would encroach too much upon the area available for future assignments or the grant is for a

– – –

1.    Published in A.P. Gazette, R.S. to part II, dt. 21-8-1975

– – –

mere extension of existing premises, the normal extent of house site should be taken to include accommodation for cattle. With a view, however, to encourage house-holders to keep their cattle at a distance from dwelling houses, Tahsildars are empowered to grant separate plots of a few cents in village site for this purpose to bonafide owners of cattle. The assignment in all cases shall be subject to the conditions of these rules referred to in Paragraph 7 below.

In assigning lands for house sites care should be taken to see that land is not granted to persons already possessing enough land for their reasonablerequirements and that preference is given to those who own no house-site.

CASE LAW

Tahsildar assigned a house-site in favour of petitioner-Sarpanch of the Village obtained a (fraudulent) representation purporting to have been made by petitioner requesting the M.R.O. (2nd respondent) to cancel the patta in his favour. MRO cancelled patta in favour of petitioner and allotted the said site to R3 (Sree Dvei). Said cancellation and fresh allotment made without notice or hearing petitioner. Order of 2nd respondent (held) arbitrary, illegal and violative of principles of natural justice. Since 3rd respondent has already put up a Construction in the site alternatively 2nd, respondent directed to allot alternative site of the same dimension either in the same village or an abutting village – Writ Petition allowed accordingly. D. Yellaiah vs. Collector (Revenue}, R.R. Dist., 1997 (1) An.WR 237.

(ii)

2. Procedure in dealing,with applications:— The following procedure should be observed in dealing with applications for assignment of house sites-(i)  Contents:—Applications for house-site should be made in writing and should clearly specify the extent and location of the land required, thepurpose for which it is needed i.e., whether for constructing a thatched, or a tiled or a terraced building, or for erecting a cowshed and so on. Officer to whom presented:— The application may be presented to the Tahsildar concerned either directly or through the Village Officers of the concerned village.

(Hi)
(iv)

Regis try .-—Village Officers shall register applications in order of receipt in a bound book, the pages of which should be consecutively numbered.Publication:—The fact that an application has been made for a particular site shall be published in the village by beat of tom-tom and a notice inthe form given in Appendix II shall be displayed in the village chavadi ?>nd on the site applied for a period of 15 days. A copy of the notice shallalso be sent to the Gram Panchayat concerned.

(v)

Report:—At the end of the said period, a report in duplicate should be prepared and sent to the Tahsildar without delay in the form prescribed in Appendix III together with the notice which should be signed by the Patel and the Patwari.

(vi) Duty of Village Officers:— Village Officers have no authority to grant house site. At the same time it is the duty of Village Officers to afford every assistance to a person requiring a house site, not only one they selects of the site, but also by explaining to such person the manner in which formal application is to be made, and when an available site has been selected, the Patwari will be held responsible for procuring without delay the necessary formal application. If the applicant is poor or illiterate and his application is’made normally to the village officers, it will at once be reduced to writing by the Patwari, who will take the necessary action thereon.

vii

Maintenance of registers and planning off sites available for assignment:— In the interests of regular town planning it is desirable that vacant areas in villages at the disposal of the Government should be laid out in

suitable plots in advance and that the plots should be assigned in order. For this purpose, the Collector may, in villages for which he considers itnecessary, prescribe the maintenance of layout plans of sites available for assignment and a register showing the extent and situation of the sites already built upon and those which are still available for building purposes. When prescribed, the layout plans and register will be maintained in three parts and in the forms prescribed in Appendix-IV and will be bound with the register of applications prescribed in Appendix-Ill. Vacant sites should be laid out in lots of 10 cents arranged so to give a regular line of street and, where possible, to leave a 30 feet street in front and a 10 feet lane behind. The Tahsildar should make assignments in regular order in accordance with the plan. The plans referred to in Appendix-IV should be drawn up in consultation with the Gram Panchayats. The plans .should be approved by the Divisional Officer in duplicate, one copy for the taluk office and the other for the village, where they will be maintained with the corresponding register prescribed in Part-Ill of Appendix-IV. Before the layout plans are sent to the Divisional Officer, the Tahsildar should inspect the sites. The Divisional Officer also should inspect as many cases as possible and it is open to him to obtain through the Collector the views of the Director of Town Planning where he thinks it necessary and desirable to do so. Entries in the taluk and village registers and the plans will be compared and checked at the time of the jamabandi every year. At the outset, each of the planned block of house sites in the unoccupied layout sites described in Part-I of Appendix-IV and streets and lanes in them should be demarcated at the cost of the Government. The cost of the stones planted by the Government will, however, be recovered when the particular house-site which is demarcated by the stones is assigned. Individual plots of house sites will be demarcated at the cost of the applicant as they are applied for and assigned.

(viii) Payment for standing trees, wells, and buildings:— If there are trees, wells or buildings on the sites applied for they should be disposed of in accordance with the rules as laid down in Appendix-V. (ix)  Survey, demarcation and other charges:—The expenditure incurred in the demarcation of the land and in laying it out as house sites or providing roads therein or in otherwise fitting for occupation together with the cost of any special staff employed for the survey of the land when the work is too heavy for the regular staff shall be recovered proportionately from the parties to whom house sites are granted. Note:—Where a local body has incurred expenditure as aforesaid, the amount recovered on account thereof shall be credited to the local body concerned.

(x) Preparation of plotted sketches:— Plotted sketches of the sites to be granted should invariably be prepared. Also measurements should be taken connecting the sites with any permanent or semi-permanent marks in the neighbourhood or union survey stones where they exist with a view to the sites being located in the event of disputes. All these measurements should be entered in the plotted sketches which should form part of the assignment records.

(xi) Reference to Village Officers:— Applications received by the Tahsildar direct should be referred to the village officers, for report. Village Officersshould deal with these applications in the same manner as with

applications presented to themselves in the first instance, i.e., they should register them under sub-rule (iii) publish the fact of the applicationunder sub-rule (iv) and submit a report to the Tahsildar in accordance with sub-rule (v).

(xii) Disposal and communication of Orders:—The Tansildar should dispose of every application by a written order which should be communicated -to all the parties concerned and to the Gram Panchayat and it should be clearly stated therein that in the event of the cancellation of the grant, either on appeal or in revision or in the event of re-entry by the Government in accordance with the conditions attached to the grant, the grantee shall not be entitled to compensation for any buildings that he may have constructed on or other improvements that he may have made to the land. The provisions in regard to appeals and revision contained in Sections 158 to 166 of the A.P. (T.A.) L.R. Act, 1317 Fasli shall apply. In passing orders the Tahsildar may refuse applications for leave to build thatched houses in places where there is a risk of fire.

(xiii) Extent of house-site allotted:—Tahsildars should not grant house-sites in excess of 10 cents nor sites for separate cattle-sheds in excess of 4cents without the previous sanction of the Divisional Officer.

3.          Treatment of unauthorised occupation:— (i) All unauthorised occupation
or trespass of house-sites in Government villages shall be invalid and shall
confer no rights whatsoever on such occupants or their successors in interest.
The Collector shall cause this position to be published widely in all Government
villages.

(ii) Consequence of such appropriation:— If any portion of the village site is occupied or trespassed without permission and if the occupation isconsidered to be without authority, the provisions of A.P. Land Encroachment Act, 1905, i.e., Act III of 1905, should be applied in accordance with the instructions contained in Appendix-VI. If the occupant is found to be entitled to an allotment and the occupation is unobjectionable, the site may be formally granted in accordance with the rules contained in paragraph 2 above with appropriate penalty.

(iii) Responsibility of Village Officers:—Village Officers will be held responsible for preventing and reporting encroachments.

4.         Occupation and Cultivation of Village-site:— In conformity with long
established practice, the Government may permit the occupation of village-site
held as private property without assessment subject to the following conditions.
The total extent of site that may be held free of assessment inclusive of the area
covered by buildings and other structures, is 35 cents. Within this area,
cultivation with flowers, vegetables or fruits, will not be charged, but cultivation
of crops other than followers, vegetables or fruits will be charged at the highest
dry rate of the village. Any area in excess of 35 cents in the private ownership
of any person is liable to be charged at the highest dry rate of the village,
whether it is cultivated or not and whether the cultivation is with flowers,
vegetables and fruits or with other crops. In order to avoid the necessity for
measurement of petty extents the minimum charge for cultivation within the
permitted extent of 35 cents or for cultivation beyond 35 cents shall be one
rupee. The charge should be entered in Village Accounts, but the notice of
demand should be in Form No. 1. The forms of notice applicable to encroachments

should not be used for the imposition of a assessment on land under this sub-paragraph:

The cultivation of any portion of the village-site which is not privately owned is an undoubted abuse and should be dealt with under Act HI of 1905 inaccordance with the instructions contained in Appendix-VI unless action is barred or appears inadvisable owning to long possession. Such land should beassigned for cultivation unless action is taken under the next paragraph.

Note:—To the category of exempted cultivation given to the above paragraph should be added onions, chillies, coriander, mustard, turmeric, fenugreek and sweet potatoes.

5.     Curtailment of Villagesite:— In villages in which the village site is of
large extent and far beyond present and future requirements, the Divisional
Officer will obtain the sanction of the Collector to transfer the excess to the head
of assessed and may then make grants thereof on ryotwari tenure and if the
portions transferred are overrun with prickly-pear, he may offer clearance
cowles for cultivation. Care should, however, always be taken to ensure that the
village-site reserved in each village is sufficient not only for the immediate needs
of the villagers, but also for the reasonable requirements of the future.

6.     Extension of village-site:— When the existing village-site does not
suffice for the needs of resident villagers or of register holders, agricultural
labourers and village servants about to become resident in the village, Collectors
may extend the site by the transfer of assessed lands to poramboke, or by. the
addition of other descriptions of available poramboke. They may effect such
transfers and additions on their own authority except in the case of assessed
land which is not at the disposal of Government and which must be acquired
under the Land Acquisition Act.

Note:— (1) Collectors are competent to submit, without the previous sanction of the Board or Government draft declarations for the acquisition of land for the extension of village site In cases involving an extent of not more than 10 acres or an expenditure of not more Rs. 500 each. Cases in which the extent us more than 10 acres, but not more than 20 acres or where the cost of the acquisition exceeds Rs. 500 but does not exceed Rs. 1,000 require the sanction of the Board. In all other cases the sanction of Government is necessary for the acquisition. The money limits prescribed above refer to the next expenditure incurred by Government excluding contributions from other sources.

(2) When a compact block of land is acquired by Government for the extension of village site in villages which are not included in the limits of towns in which ground rent is levied, the compact block should after acquisition be transferred to gauthan and the house sites assigned should be held from of assessment when house site in Gauthan in such villages are not in the ownership of the occupiers and when such house-sites are acquired on behalf of the occupiers, no assessment need be imposed on the sites acquired. When, however, existing house-site on ryotwari lands are acquired, the same assessment should be imposed as was being levied before acquisition.

7. Procedure subsequent to the grant of house-site:— (i) Register of grants:—A register of house-sites granted in each village shall be maintained inTahsildars’ Officers and by the village officers in the form given in Appendix-VII. An extract of the orders passed in each case, which should be entered in the

appropriate columns of the register in Appendix-IH, should also be copied in the appropriate columns of the duplicate copy of the form in Appendix-Ill submitted by the Village Officers under paragraph 2(v) before its transmission to them. Village Officers should in their turn, copy out the necessary entries in the appropriate column in the register in the form in Appendix-Ill and Appendix-VII maintained by them. A register of applications for house-site shall also be maintained in the Tahsildar’s offices in the form given in Appendix-XL

(ii) Form of Order of Assignment:—An order, signed by the Tahsildar himself in the form given in Appendix-VIII of XI as the case may be, shall be issued for all sites, assigned under these rules, but divisional officers may impose any additional conditions regarding lighting, ventilation and drainage with reference to instructions contained in Appendix-X. The grantee may also be required to execute an agreement binding himself to fulfil such conditions on pain of forfeiting the grant. Assignments of house-sites for organized colonies will usually be made to Co-operative Societies in the first instance. If assignments are made to Co­operative societies, individual grants should not be made until the Revenue Divisional Officer is satisfied on the recommendation of the managing body of the Co-operative society or otherwise that the proposed assignee has complied with rules framed for the colony regarding the construction and location of his house, and has kept the site in a sanitary condition for a period of at least three years.

Note:— In laying down the conditions for the construction of buildings on the sites granted it should always be stipulated that a vacant space should be left both in front and rear of the actual building.

(iii) Right of Re-entry:— The right of entry whether under the provisions of the order of assignment or under those of any subsidiaiy agreement, should be enforced only under the orders of the Divisional Officers. Before ordering such re-entry, Divisional Officers may as a matter of grace give notice (a) to the grantee if he can be found and (b) in the District Gazette.

(iv) Extension of period prescribed for building:— Divisional Officers may also, as a matter of grace and when special cause has been shown for such a concession, extend the period prescribed in condition (2) of the order of assignment. Ordinarily the period should be made to commence so as to give the assignee a clear period of twelve months or six months as the case may be, after the decision of any appeal that may be preferred against the order of Assignment.

SECTION II — IN TOWNS

8.         Definition of “Town”:— No place shall be classed as a Town for the
purpose of this Section unless:—

(a) Municipal or Cantonment Act is in force therein; or

ib)   {i) the place has a population of not less than 5000 inhabitants

residing in houses more or less contiguous, not in scattered collections

as hamlets; and (ii) has a distinctly urban character such as that of market town.

9.         Publication of list of towns:—-The Collector shall publish in the District
Gazette a list of towns as classed under paragraph 8 and from time to time alter
the list by notification in the District Gazette.

1O. General provisions in regard to town sites:— (i) Scale of grant/or buMing

purposes:— In towns, portions of house-sites at the disposal of Government

may be granted for building purposes in accordance with a scale fixed or to be

fixed by Collectors with reference to the requirements of their districts or of

particular towns or quarters of a town and subject to the conditions laid

down in paragraphs 11 to 15 below. The scale may be altered by

Collectors from time to time according to their discretion, but every such

alteration should be previously published in the District Gazette.

(ii) Lands within half mile of the boundary of a Railway Station:— The

disposal of vacant Government lands for erection of houses within half-

a-mile of the boundary all of a railway station is prima facie objectionable

and all such lands should be specially registered as “reserved” in the

village registers.

(iii) Appropriation of town-site without previous permission and its consequence:— Collectors will assert the prerogative of Government by making it known that town-site at the disposal of Government cannot be appropriated without permission previously obtained. If any portion of such town-site is appropriated without permission and it is considered that the occupation is objectionable or that the occupancy rights should be applied in accordance with the instruction contained in Appendix-VI. (iv) Responsibility of Village Officers:—Village Officers will be held responsible,

for preventing and reporting encroachments.

(v) Cultivation of town-site:—The cultivation of vegetables, tobacco etc., within the recognised limits of backyard included in a house-site need not be interferred with. But the cultivation of any portion of a house-site in towns which is not backyard is an undoubted abuse and should be treated as unauthorised occupation under Act III of 1905 in accordance with the instructions contained in Appendix-VI unless action is barred or appears inadvisable owning to long possession. N” onier of assignment should be made in respect of such cultivation.

(vi) Extension of town-site:—When the existing town-site does not suffice for

the needs of the residents, Collectors, may add thereto any adjacent

land at the disposal of Government and may for the same purpose, ip

districts where such a course is permissible, acquire underJthe land

Acquisition Act, land not at the disposal of Government.

Note:— When compact block of land is either acquired at the cost of the

Government or is acquired by the Government on behalf of the Scheduled

Castes or others i.e., where a contribution is paid from Government Funds and

possession of the land is taken by the Government and the site is laid out into

plot and assigned as house sites and when such acquisition is made for the

extension of village-site in villages which are included in the limits of towns

ground-rent is levied, the compact block should after acquisition be transferred

to poramboke and the house sites assigned in the block should be subject to the

payment of ground-rent annually.

(vii) Sanitary requirements:— In granting town-sites for building purposes Divisional Officers will bear in mind and as far as possible give effect to, the general orders contained in Appendix-X, which are meant to ensure width and straightness of streets, to guard against overcrowding and also to make suitable provisions for drainage.

The minimum width of streets in the case of towns which are municipalities shall not ordinarily be less than 12 metres or in any area covered by huts 9metres as prescribed in Section 179 (2) of the Andhra Pradesh Municipalities Act 1965.

11. Procedure to be observed in the disposal of applications:— (1) Rules for the disposal of applications for vacant Government land and for the revision of ground rent on the twin cities of Hyderabad and Secunderabad will be found in Appendix-XII.

(2) Outside the twin cities of Hyderabad and Secunderabad:— The

following procedure, should be observed in dealing with applications for house sites in towns outside the twin cities of Hyderabad andSecunderabad.

In municipalities House sites shall be assigned by the Collectors

(i) Contents:— Applications for house-site shall be made in writing and shall clearly specify the land required and the purpose for which it is wanted, i.e., whether for constructing a thatched, tiled or terraced building, for erecting a cattle-shed etc.,

(ii) Officer to whom presented:— Applications may be presented in the first instance to the Tahsildar who will then forward them to the Collector with a report in duplicate in the form given in Appendix-Ill omitting columns 12 and 14 applications made to the Collector direct should be referred to the Tahsildar for a report in the same form, (iii) Registry:— Tahsildar shall register applications in order of date in the bound-book, the pages of which should be consecutively numbered and similar registers shall be maintained in Collector’s Offices, (iv) The Tahsildar shall ascertain the opinion of the Town Committee or Gram Panchayat having jurisdiction over the town and objections of those bodies if any, raised by them should be considered by the Collector. The Collector may allow two months time within which the local body should send its opinion. If no reply is received by that time, the Tahsildar may assume that the local body has no objection to the assignment.

(iv) (a) In respect of Municipalities the Collector shall ascertain the opinion of the Municipal Council. If any objections are raised by the MunicipalCouncil they shall be considered by the Collector. The Collector may allow minimum time limit of two months within which the MunicipalCouncil should send its opinion. If no reply is received by that time the Collector may assume that the Municipal Council has no objection to the assignment.

(v) Disposal:— On receipt of the Village Officers report and the remarks of the Municipal Council or Gram’Panchayat the Tahsildar should satisfyhimself after such enquiry as may be necessary that the disposal of the site under this paragraph is unobjectionable. In the case of town that have been surveyed on the town survey system, the Tahsildar should cause the land to be demarcated and surveyed as soon as possible according to the rules where this has not already been done. In the case of other towns plotted sketches should be prepared as laid down in paragraph (x) supra.

On completion of this work the Tahsildar should calculate the ground rent on each plot dealt with under these rules before it is put up to auction, the rate of ground-rent so charged being the assumed agricultural assessment prescribed for the district for this purpose. In cases where the extent of the town-site assigned is less than 1 cent the ground-rent to be levied will be the charge for one cent. He should then cause a notification in the form given in Appendix-XIH to be published in the town by beat of drum and also to be pasted up in some conspicuous place as well as on the land applied for.

(vi) Auction. Sale:— Except as provided in paragraph  14,  all vacant

Government lands in towns shall be offered for sale in public auction.

The auction should be held by the Tahsildar or by some officer duly

authorised by him on the date fixed in the notification or any subsequent

date to which the sale may be adjourned for good reason, of which fact

due public notice shall be given and the lot should be knocked down to

the highest bidder. In cases where any expenditure has been incurred in

laying out land including the site applied for as house-sites or in

providing roads thereon or in otherwise fitting it for occupation a

proportionate portion thereof shall be fixed as the upset price.

In case where the Government is bound e.g., under Section 175 of the

Andhra Pradesh Municipalities Act 1965 or any other Act to provide a road or

otherwise to make the land fit for occupation, the estimated cost or a proportionate

portion of the estimated cost of making a road or otherwise making the land fit

for occupation shall be fixed as the upset price. In towns surveyed on the town

survey system the successful bidder should in addition, pay the cost of survey

and demarcation. In the case of other towns, he should pay the cost of survey

and demarcation as provided in paragraph 2 (ix) supra.

Note:— Where a local body has incurred expenditure as aforesaid the amount recovered on account thereof shall be credited to the local bodyconcerned.

(vli) Deposit:— The purchaser of the plot should be required to deposit at once 15 percent of the amount of his bid and to sign an agreementconsenting to forego the deposit in case the remainder of the purchase money and the cost of survey and demarcation, if any, under clause (vi) are not paid within thirty days after the sale.

(viii) Confirmation of sale:— The result of the sale should be submitted immediately to the Divisional Officer who may subject to the provisions of clause (x) either confirm the sale or cancel it in the exercise of his discretion or for any other good reason. Thus he may refuse to confirm grants for thatched houses in places where there is risk of fire or where such houses would be out of keeping with nighbouring buildings, (ix) Government sanctioned when required:— Sales of occupancy right in land, the value of which exceeds Rs. 5,000 shall be subject to the confirmation of the Board of Revenue and if the value exceeds Rs. 10,000 to the confirmation of the Government. In cases which present such special features as to render the orders of Government desirable, the sanction of Government should be obtained.

(x) In the District Head Quarters towns and also in all municipal towns other than Greater Hyderabad city in the State and within a belt of one mile from the limits of such towns no Government vacant land (whether

poramboke, assessed or unassessed) should be disposed of without taking into consideration the needs of the Departments of Government,Municipalities and Housing Board. If the Housing Board wants any lands preference should be given to it as far as possible. Whenever the Government lands situated within one mile belt from the municipal limits are proposed to be assigned to any private individual or any other local or public authority, the Municipality shall be consulted and that the request, if any, of the Municipality for using the land for a land development and slum clearance schemes shall ordinarily have preference over the requests of private individuals or other local or public authorites. The requirements for providing house-sites to Scheduled Castes, Scheduled Tribes and Denotified Tribes should be specifically considered in consultation with District Social Welfare Officer. If for any reason it is felt that any such land should be assigned or alienated the Collector concerned should first make a reference to the District Heads ofDepartments, particularly to the Medical, Health, Education, Industries and Commerce and Agriculture Departments to ascertain whether the land is likely to be required for Government purpose in the near or distant future. Such land should be disposed of or recommended for disposal only in cases where all the District Heads of Departments do not consider that the land is likely to be so required., In the case of assignment the proposal should be submitted to Government for their approval even if the land is not likely to be required for any Government purposes, in future. The prohibition imposed will also apply to the grant of land to political sufferers and others under the assignment rules. The restrictions in the matter of assignment of lands in Municipal and non-Municipal towns and in compact blocks will be relaxed in favour of landless poor persons including Harijans for the purpose of assignment to them for house site purposes only.

(Vide G.O.Ms.No. 1122,Revenue dated 29th June, 1961).

(G.O.Ms.No.” 1049,Revenue dated 8th September, 1960).

(G.O.Ms.No. 1567/Q2/71-3-Revenue dated 23rd September, 1971).

12.     Date from which Ground-rent is leviable:— Where land is newly
assigned or sold for non-agricultural purposes subject to ground-rent, the
ground-rent levied for the first fasli should if possession has not been given, be
the proportionate ground-rent due for the portion of the fasli remaining at the
date of the grant, or, if the land is already occupied by the assignee or
purchaser, the ground-rent should be levied from the actual date of occupation.
In either case, part of a month should be counted as one month and charged
for accordingly.

13.     Periodical revision of ground-rent:— The rate of ground-rent fixed
under paragraph 1 l(2)(v) will be liable to revision simultaneously with the re­
settlement of the ryotwari assessment of the taluk in which the town is situated.

14.     When sale by public may be dispensed with:— The Collector may
dispense with the sale of occupancy right by auction arid direct private sale of
town-site if he considers such a course equitable and provided the market value
of he land does not exceed Rs. 1,000 in the following circumstances:—

(i)  If the site has been occupied without authority and if the occupation is not objectionable.

(ii) If the site has been occupied temporarily with the sanction of the

Collector and if the permanent assignment is not objectionable, (iii) If the application is for at small plot adjoining an existing holding. The purchaser should be required to pay the annual ground-rent prescribed for the land and also to pay as the value of the land subject to that ground-rent. He should also pay the proportionate cost of demarcation and survey if any, as laid down in paragraph 1 l(2)(vi) above and of any expenditure that may have been incurred in laying out the lands including the site applied for as house-sites or in providing roads therein or in otherwise fitting for occupation.

The Collector may also dispense with the sale of occupancy right by auction and grant the land to the applicant free of any initial payment but subject to the payment of the annual ground-rent prescribed for the land.

Whereas he considers this course to be advisable in the following circumstances:

(i) Where the applicant it too poor to purchase the site in auction, (ii) If bona fide ryots or agricultural labourers apply for house-site on the outskirts of town where the large areas of vacant land exist provided that the Collector may exercise this power only in cases where the market value of the land does not exceed Rs. 100.

The Board of Revenue may, in these or any other circumstances, if it considers such a course to be advisable sanction the private sale of town sites,provided that the market value of the land in each case does not exceed Rs.2,000.

Note:—The provisions obtained in Rule 1 l(2)(i) to (v) will apply in regard to the disposal of land under this paragraph, subject to the modification that the notification issuable under sub-paragraph (v) should be in the form contained in Appendix VIII-A.

14-A. An appeal to the Collector shall lie against an order passed by the Divisional Officer in the case of sales in auction. The Board may exercise itspowers of revision both in the case of sales in auctions and sales by private negotiation. The provisions as regards appeals and revision contained inSections 158 to 166 of the Andhra Pradesh (T.A.) Land Revenue Act 1317 Fasli will apply to the orders in this section.

14-B. Payment for standing tree, wells and buildings:—Trees, buildings, wells etc., standing on town sites, should generally be disposed of along with the land. When the land is sold in auction, the upset price of the land together with the trees, buildings, well etc., if any should be fixed at an amount not less than the value of the trees at seigniorage rates of that value as modified by the Collector, if necessary as laid down in Appendix-V and the value of the structures on the land. When the land is disposed of by private sale, the value of the trees at seigniorage rates or that value as modified by the Collector, if necessary should be recovered from the assignee before the land is assigned. The assignee shall not, however, be required to pay the value of the trees which are proved to have been planted by him. The value of any buildings, well etc., should also be collected except such as are proved to have been constructed by the applicant or his ancestors. In cases where town-sites are assigned to poor applicants free of market value the Collector may either waive the collection of tree value for reasons to be recorded in writing or if the value of the trees is considerable, order their sale in auction separately before the land is assigned.

15. Procedure subsequent to the grant of house site:— (i) Register of

Grants:—A register in the form given in Appendix-VII shall be maintained in

Tahsildar’s offices and by the Village Officers for all house-sites granted in

towns. An extract of the orders passed in each case which should be entered in

the appropriate colums of the register in Appendix-II submitted by the village

officers under Rule ll(2)(ii) before its transmission to them. Village Officers

should in their turn, copy out the necessary entries in the appropriate columns

in the registers (form in Appendix-III and Appendix-VII) maintained by them.

(ii) Form of order of assignment—An order, signed by the Tahsildar himself,

in the form given in Appendix-XIV shall be issued for all sites assigned

under this section but the Divisional Officer may impose any additional

conditions regarding the provisions of means of drainage with reference

to instructions contained in Appedix-X or any other sanitary or

administraitve requirements. It should be clearly stated therein that in

the event of the cancellation of the assignment either on appeal or in

revision or in the event of re-entry by the Government in accordance

with the conditions attached to the grant, the assignee shall not be

entitled to compensation for any buildings that he may have constructed

on or other improvements that he may have made to the land. The

grantee may also be required to execute an agreement binding himself

to fulfil such conditions on pain of forefeiting the grant.

Assignment of house-sites for organized colonies will normally be made to

Co-operative Societies in the first instance. In such cases individual grants

should not be made until the Revenue Divisional Officer is satisfied on the

recommendation of the managing body of the Co-operative Society or otherwise

that the proposed assignee has been of good behaviour has obeyed any rules

framed for the colony regarding the constructions and location of his house and

has kept the site in a sanitary condition for a period of at leastthree years. Where

no Co-operative Society has been formed individual may be made in the first

instance but they should be temporary and should not be made permanent

until the Revenue Divisional Officer is satisfied that the proposed assignee has

been of good behaviour, has obeyed any regulations framed for the colony

regarding tHe construction and location of his house and has kept the site in a

sanitary condition for a period of atleast three years. In these cases a special

condition should be inserted in the form of order of assignment in

Appendix-XW.

Note:— In laying down the conditions for the construction of buildings on

the site granted in non-municipal towns, it should always be stipulated that

vacant space should be left both in front and rear of the actual building.

(iii) Right of Re-entry:—The right of re-entry whether under the provisions of

the order of assignment of under those of any subsidiary agreement

should be enforced only under the orders of the Divisional Officer. Before

ordering such re-entry, the Divisional Officer may, as a matter of grace,

give notice (a) to the grantee and (b) in the District Gazette.

(iv) Extension of the period prescribed/or buildings:—The Divisional Officer

may also, as a matter of grace and when special cause has been shown

for such a concession extend the period prescribed in condition (3) of the

order of assignment. Ordinarily the period should be made to commence

so as to give the assignee a clear period of six or twelve months as the

case may be from the date of decision of any appeal that may be preferred against the Divisional Officer’s order confirming the sale.

APPENDIX I

Conditions:— (i) Lands at the disposal of Government:

A grant of State land whether for religious, educational or other public purpose should always contain the following conditions:

(1)           The land shall be used and for no other purpose.

(2)           The Government may resume the land wholly or in a part with any
building thereon, in the event of the infringement of any of the conditions
of the grant. In the event of such resumptions, no compensation shall be
payable for any improvements that may have been effected, or other
works that may have been executed on the land by the grantee and the
grantee shall not be entitled to the payment of any amount that may
have been paid to the Government for the grant. If there are buildings on
the land the Government may direct the grantee to remove them.

(3)           The Government mayresume that land wholly or in part, with any
buildings thereon, if in the opinion of the Government the land is
required for a public purpose or for conducting mining operations. In the
event of such resumption or in the event of the acquisition of the land for
any reason, the compensation payable for the land and trees shall in no
case exceed the amount paid for them by the grantee or their value at the
time of resumption or acquisition whichever may be less.

(4)           In the event of resumption under condition (3), if there are buildings on
the land, the Government shall pay compensation for them in accordance
with the provisions of condition (5).

(5)           In the event of the resumption of the land under condition (3) or in the
event of the acquisition of the land for any reason the compensation
payable for buildings or other improvements shall in no case exceed the
amount paid for them by the grantee at the time of assignment of their
value at the time of resumtion or acquisition whichever may be less,
together with the initial cost or the value at the time of resumption or
acqusition, whichever may be less of any building erected or other
improvements effected on the land by the grantee in accordance with the
terms of the grant. The amount of any grant made by the Government

towards the cost of the buildings or other improvements shall be..

deducted from the compensation payable under this condition.

(6)            In the event of the grantee refusing to remove the buildings, when so
directed under condition (2), the Government may remove them and
realize the cost of the removal by the sale of the materials.

(7)            In the event of the voluntary relinquishment of the land by the grantee,
no compensation shall be payable for any improvements that may have
been effective or for works that may have been executed on the land by
the grantee but the grantee shall be entitled to the repayment of any
amount that may have been paid to the Government for grant, or the
value of the land at the time of relinquishment, whichever may be less.

(8)            The Government reserve to themselves to all sandalwood trees and their
branches and roots which exist at the time of assignment as well as
those which may grow subsequently on the land and the Government

shall be at libertyto cut or dig out any such trees or their roots and branches and remove them from the land and dispose of them at their pleasure. The grantee shall not entitled to cut or remove them or cause them to be cut or removed without the permission of the Collector of the District.

(9) The grantee shall take all reasonable measures to the satisfaction of the Collector of the District for the protection of the sandalwood trees fromtheft or damage and for the careful protection of the immature trees growing on the land.

(10)             The grantee shall take steps to see that the marks made by the officers
of the Government on the sandalwood trees are preserved and are not
tampered with.

(11)             In the event of the infringement of, or failure to observe, any of the
conditions (8) to (10), the grantee shall pay to the Government such
compensation as is determined by the Collector of the district for any
loss or damage caused by such infrigement of failure on his part. The
Government shall also be at liberty to resume the land and re-enter on
it and the whole land shall thereupon vest absolutely in the Government.
In that case the grantee shall not be entitled to any compensation
whatever.

These conditions are not intended to be exhaustive and it is open to the authority competent to sanction such grants to impose such additional conditions as it may think fit. The conditions need not be very stringent when land is assigned on payment of value. In all cases a condition should be imposed prohibiting in the construction without the previous permission of the Collector the Building other than those to be specified and providing that no compendation shall be payable in the event of resumption or acquisition for any buildings erected without such permission. If the condition is considered unsuitable in any particular case, e.g., where the extent is petty and where there is a building already on the site, the reasons for omitting the condition should be fully explained.

(ii) Lands acquired at the cost of the grantee:

In the case of lands acquired at the cost of private institutions or associations under the provisions of Land Acquisition Act, for educational or other public purposes and allotted to the institutions or associations,the following conditions should be imposed in the place of conditions (1) to (7) in the previous sub-paragraph:

(1)           The land shall be used for…………………. and for no other purpose.

(2)           The Government may resume the land wholly or in part, with any
buildings thereon, if, in their opinion, the land is required for a public
purpose or for conducting mining operations. In the event of such
resumption, the compensation payable for the land and trees shall be
the amount paid for them by the alienee at the time of the acquisition,
including the 15 per cent solatium, or the value at the time of resumption
together with 15 per cent thereof, whichever may be less. If there are
buildings on the land, the Government shall pay compensation for them
in accordance with the provisions of condition (3).

(3)           In the event of the resumption of the land under condition (2)the
compensation payable for the buildings other improvements shall be the

amount paid for them by the assignee at the time of the acquisition including the 15 percent solatium or their value at the time of resumption by the Government together with 15% thereof,whichever may be less together with the initial cost or the value at the time of resumption, whichever may be less, of any building erected and other improvements effected on the land by the assignee in accordance with the terms of the assignment, plus 15 per cent of such cost or value.

(4)            In the event of the infringement of any of the conditions of assignment
or in the event of the voluntary relinquishment of the land by the
assignee the Government may resume the land if it is required for a
public purpose or if the Government consider that it should be returned
to the original owner. If the Government decide not to exercise this power
and inform the assignee accordingly, the latter may dispose of the land
in any maner he likes, subject to his repaying to the Government the
amount of any grant made by them towards the cost of the lands and of
the buildings or other improvements. In the event of the resumption of
the land under this condition, the compensation payable to the assignee
shall be the value of the land at the time of acquisition lies the 15 percent
awarded for compulsory acquisition) or its value at the time resumption,
whichever may be less, together with the value of Buildings and other
improvements, at the time of resumption. If there are buildings on the
land, which the Government do not require, the assignee shall remove
them at this cost. In the event of the grantee refusing to remove the
buildings, the Government may remove them and realize the cost of the
removal by the sale of the materials.

(5)            The amount of any grant made by the Government towards the cost of
the land and of the buildings or other improvements shall be deducted
from the compensation payable under conditions (2) – (3) and (4).

Note:—The following should be added at the end of the order of assignment and above the signature of the officer executing the grant:

“In witness whereof, I (name and designation) acting for and on behalf of and
by order and direction of the Government of Andhra Pradesh have hereunto set
my hand this………………. day of 19

APPENDIX-II Notice of application for Goutham village-site

It is hereby notified that……………. of village has applied for the following

plot, in the village site of……………. village measuring…………………. cents

or……….. square yeards and bounded on the north by………….. on the east

by…………. on the south by………………. and on the west by……………

Lay-out site letter Block number, Plotnumber

To be filled in cases where the plans and register prescribed in Appendix-II are maintained. In other cases the word “following” occurring in the preamble should be scored out.

Presons having objections to the site should intimate the same to the Patel and Patwari of the village within a period of 15 days from the date of this notice.

Date Village

Patel Patwari

Certified that the above notice was published by beat of tom-tom and was posted in the village choultry and on the land in question on the date specified above.

(1)           Signature of atleast two literate residents of the village.

(2)           Explanation for not taking the signatures of the persons referred to in
clause (1) above.

Date Village

APPENDIX III

Register of applications for house site in village of.. Report on the application.

…………………………………………….. town of…………

Application Applicant……………………………………….

Patel Patwari

Number Date Name and Village Date on which Extent of
nationality, where he application was site applied
if not a has resided referred to village for
citizen of hitherto officers or was
India received by them
(1) (2) (3) (4) (5) (6)
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