Haryana notifies new Land Pooling Scheme

by Haryananewswire (Balbir)

CHANDIGARH, AUG 17

Haryana Industries and Commerce Department has notified its new "Land Pooling Scheme" whereby the landowners are given an option to become partners in the development process.

          While referring to the salient features of the new scheme, a spokesman of the Industries and Commerce Department said that after the Government has notified any land for acquisition for development of industrial and supporting infrastructure under Section 4 of the Land Acquisition Act, the landowner would have the choice to opt for developed land measuring 1200 sq. yards for each one acre of land proposed to be acquired in lieu of the 'compensation package and all other benefits admissible under the Rehabilitation and Resettlement (R and R) Policy' of the Government or accept the amount in lieu thereof for the entitled developed land at the allotment rates applicable at time of first floatation of the estate.

        The landowner would be eligible to participate in the Land Pooling Scheme only if a minimum of half acre or more of his or their land is acquired. The entitlement of developed land shall be in proportion to the land acquired or pooled by the landowner at a rate of 1200 sq. yards per acre. The option for the Land Pooling Scheme will have to be exercised by the landowners in writing in the prescribed form within a period of four months of the publication of Section 4 Notification.

        Where a landowner opts for the 'developed land' under the Land Pooling Scheme, he would have the freedom to sell his developed land in the open market. The land use in respect of such land shall remain 'industrial' and shall not change under any circumstances. However, any subsequent purchaser of land shall be governed by the Estate Management Procedures of the HSIIDC as applicable from time to time. The landowners, who opt for the Land Pooling Scheme, will also have the option to request for payment of part amount upfront at the time of Award and adjust the balance amount at the time of floatation of plots after accounting for interest applied at a rate of nine per cent per annum on the advance amount paid. The part advance shall be no more than the amount determined as the minimum floor rate for the area. The different sub-set of options under this option will be as under: (a) The landowner may request for allotment of developed land as per his entitlement at the time of first floatation on refund of the amount availed earlier at the time of Award, along with interest calculated at a rate of nine per cent per annum, to the acquiring agency of the Government. Or (b) The landowner may opt for allotment of residual land as per his entitlement after adjustment of the advance amount paid to him along with interest thereon computed at a rate of nine per cent per annum. In this case, his entitlement for the residual land shall be worked out on the basis of allotment price determined at the time of first floatation. Or (c) The landowner may opt for payment of the residual amount after adjustment of the amount paid in advance along with interest thereon computed at a rate of nine per cent per annum. His entitlement for the residual amount shall be worked out on the basis of allotment price determined at the time of first floatation.

        The Landowner shall also have the option to opt for the 'Land Pooling Scheme' in respect of part of his land being acquired and accept 'compensation along with the R and R benefits' in respect of the balance land provided, the minimum land being acquired is one acre and the option for the 'Land Pooling Scheme' and the 'Compensation along with R and R benefits' is split in the ratio of 50:50 of his land being acquired.

        The Award in respect of the land pooled under this Scheme shall be announced by the Land Acquisition Collector under Section 11 (2) read with sub-sections (3) and (4) of Section 31 of the Land Acquisition Act, 1894.

        Wherever the entitlement of developed land is in fraction of the standard sizes of industrial plots, the landowner will be compensated in monetary terms for such fraction. For instance, if the entitlement is for 600 sq. yards of land, and the standard size of industrial plot carved out is 450 sq. mtrs, the landowner will be allotted a standard size of 450 sq. mtrs developed plot and receive the payment for the balance land calculated at the allotment price determined at the time of first floatation.

        The developed land will be allotted to the eligible landowners as per their entitlement through draw of lots from among the applications received from the landowners opting for the scheme.

        The HSIIDC shall execute Conveyance Deeds in favour of the landowners opting for the Land Pooling Scheme as per their entitlement or allotment of developed land for which no Stamp Duty and Registration Fee shall be payable.

        The Land Pooling Scheme shall be applicable in respect of acquisition proceedings initiated for the purposes of development and expansion of Industrial Model Townships, Industrial Estates or Parks pursuant to this Notification and shall take effect from the date of its Notification in the Official Gazette.

        A one-time opportunity of exercise of option under this Scheme shall also be available to the landowners in respect of the current acquisition proceedings for aforesaid purposes where Notifications under Section 4 or Section 6 of the Act have been issued and the period available for announcement of the Award is four months or more. The landowners will be required to exercise their options in writing within a period of 60 days of the issue of this Notification.