by Haryananewswire (Balbir)
CHANDIGARH, SEPT 26
With a view to protect the interests of land owners, Haryana
Government has notified a ‘Land Pooling Scheme’ for development of
residential sectors by Haryana Urban Development Authority (HUDA).
While stating this here today, an official spokesman said that the
Urban Estates Department Haryana acquires land for planned development
undertaken by the HUDA as the State’s nodal agency for the purpose. Such
land is acquired under the provisions of the Land Acquisition Act,
1894. The Government has also notified its ‘Land Acquisition and
Rehabilitation and Resettlement Policy (R and R) dated November 9, 2010
in this behalf whereby the interests of landowners are duly protected
with provisions for floor rates so as to ensure payment of market linked
compensation, and a number of benefits under the R and R Policy,
including payment of Annuity for a period of 33 years, which has
been hailed as a model throughout the country.
He said that the Government has now decided to introduce a ‘Land
Pooling Scheme’ whereby the landowners are given an option to
become partners in the development process. The land owners whose land
is acquired for the development of residential sectors would have the
option either to accept the compensation in monetary terms as available
under the Land Acquisition Act alongwith non statutory benefits under R
and R policy or to seek the compensation in the form of developed plots
as full and final settlement.
He said that the Land Pooling Scheme would be applicable in respect
of acquisition proceedings initiated for the purposes of development of
residential sectors pursuant to this Notification. A one-time
opportunity of exercise of option under this scheme would also be
available to the landowners in respect of the current acquisition
proceedings and the period available for announcement of the Award was
four months or more. The landowners would be required to exercise their
option in writing on prescribed application form within a period of 60
days of the issue of this Notification. The landowners would be eligible
to participate in the Land Pooling Scheme only if a minimum of 1000 sq
yards or more of their land is acquired.
He said that the landowners opting for the Land Pooling Scheme would be
provided developed residential site in the form of residential plots
measuring 1000 square yards and commercial site measuring 100 sq yards
against each one acre of land acquired or in the same proportion for
the land acquired in lieu of the ‘compensation package and all other
benefits admissible under the R and R Policy’ of the Government, at the
time of first floatation of the residential sector for which land of the
applicant has been acquired. He said that the applicant could also
claim the amount in lieu thereof for the entitled developed land at the
allotment rates applicable at the time of first floatation of the
residential sector. He said that the landowners, who opt for the Land
Pooling Scheme, would also have the option to request for payment of a
part amount upfront at the time of Award as per floor rates as
applicable to the area and seek developed plots.
He said that the different sub-set of options under this option are
that 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
nine per cent per annum, to the acquiring agency of the Government. The
landowner may also opt for allotment of developed land against balance
amount as per his entitlement that was after adjustment of the advance
amount paid to him along with interest thereon computed at nine per cent
per annum. In this case, his entitlement for the developed land would
be worked out on the basis of allotment price determined at the time of
first floatation. The landowner may also opt for payment of the
balance amount after adjustment of the amount paid in advance along with
interest thereon computed at nine per cent per annum. His entitlement
for the balance amount would be worked out on the basis of allotment
price determined at the time of first floatation, he added.
He said that the Landowner would also have the option to opt for the
‘Land Pooling Scheme’ in respect of part of his land being acquired
and accept ‘compensation package along with the R and R Benefits’
in respect of the balance land provided. He said that 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’ was split in the
ratio of 50:50 of his land being acquired. In case of those owners where
the land acquired was less than one acre, the developed sites or plots
would be given in proportion to the land acquired. He said that
allotment of plots would be of standard size as per norms of HUDA.
He said that in case the owners were co-sharers in the acquired land,
the plots or sites would be allotted in proportion to the share of
each of the co-sharer. However, where such proportion was less than the
standard size of the plot or site, the owners would be eligible either
to have a plot in their joint name or seek monetary benefits in
accordance with their share. The developed land would be allotted to the
eligible landowners as per their entitlements through draw of lots from
among the applications received from the landowners opting for the
scheme. Plots would be transferred on freehold basis and would
be governed by the rules and regulations of HUDA. There would be no
upper limit for the beneficiary landowner under the scheme for
utilisation or sale of his developed sites. However, any subsequent
purchaser of land would be governed by the HUDA policies as applicable
from time to time and time limit for construction would also be
applicable for subsequent buyers as per HUDA policy. The land use
in respect of such land would remain ‘residential’ or ‘Commercial’ as
the case may be and would not change under any circumstances.
He said that the Award in respect of the land pooled under this
Scheme would 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
was in fraction of the standard sizes of residential or commercial
plots, the landowner would be compensated in monetary terms for
such fraction. HUDA would 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 would be payable.
He said that as far as possible, allotment of plots of standard size
would be in accordance with the option indicated by the land owner in
his application. However, there may be some change in the size or
category of plots to be allotted, depending upon availability of number
of plots of various sizes or categories as per approved layout plan.
He said that if the acquired land of a landowner was 1000 sq yards, he
would be entitled to 206.61 sq. yards of ‘Developed Residential Plot’
and 20.66 sq. yards of Developed Commercial Site. In this case, he could
opt for an eight Marla plot (193.74 sq yards) plus payment for
the balance 12.87 sq yards at the rate of first floatation
of Residential plots in the sector. Similarly, the land owner could seek
monetary compensation against the entitlement of 20.66 sq yds
commercial site at three times the rate of first floatation of
Residential plots in the sector. The acquired land of a landowner was
2000 sq yards, he would be entitled to 413.22 sq. yards of ‘Developed
Residential Plot’ and 41.32 sq. yards of Developed Commercial Site. In
this case he could opt for either ‘two plots of eight Marla size (387.48
sq yards) plus payment for the balance 25.74 sq yards at the rate
of first floatation of Residential plots in the sector’ or ‘one plot of
eight Marla size (193.74 sq yards) plus two plots of four Marla (215.26
sq yards)’ totaling 409 sq yards and claim monetary compensation for the
remaining 4.22 sq yards.
Similarly,
the land owner could opt for one booth site of 27.12 sq yards and seek
monetary compensation for the balance 14.20 sq yards at three times the
rate of first floatation of Residential plots in the sector. If the
acquired land of a landowner was 3000 sq yards, he would be entitled to
619.83 sq. yards of ‘Developed Residential Plot’ and 61.98 sq. yards of
Developed Commercial Site. In this case he could opt either for ‘one
plot of one Kanal and one plot of four Marla’ or ‘two plots of 10 Marla
plus one plot of four Marla’ or ‘three plots of eight Marla’. Depending
upon the total size of plots availed, monetary compensation for the
remaining area would be given at the rate of first floatation of
Residential plots in the sector. Similarly, the land owner could opt for
two booth sites of 27.12 sq yards each and seek monetary compensation
for the balance 7.74 sq yards at three times the rate of first
floatation of Residential plots in the sector, he added.
He said that if the acquired land of a landowner was one acre, he would
be entitled to 1000 sq. yards of ‘Developed Residential Plots’ and 100
sq. yards of Developed Commercial Sites. In this case he could opt
either for ‘one plot of one Kanal + one plot of 14 Marla + one plot of
four Marla’ or ‘one plot of one Kanal + one plot of 10 Marla + one plot
of eight Marla’. Depending upon the total size of plots availed,
monetary compensation for the remaining area would be given at the rate
of first floatation of Residential plots in the sector. Similarly, the
land owner could opt for one booth site of 90.45 sq yards or three
booths of 27.12 sq yards each and seek monetary compensation for the
Residual entitlement of commercial land.
He said that in case the acquired land was more than one acre, at least
one plot of one Kanal size would be given for each acre of acquired
land. The owner of two acre acquired land would, therefore, get at least
two plots of one Kanal and could opt for plots in various permutations
and combinations out of one Kanal, 14 Marla and 10 Marla size
categories only, to complete his entitlement of 2000 sq yards
residential site. Similarly, in case of three acre acquired land, the
owner would get at least three plots of one Kanal and could opt
for plots in various permutations and combinations out of one Kanal, 14
Marla and 10 Marla size categories only, to complete his entitlement of
3000 sq yards residential site. On the same analogy, the owner of five
acre acquired land would get at least five plots of one Kanal and could
opt for plots in various permutations and combinations out of
one Kanal, 14 Marla and 10 Marla size categories only, to complete his
entitlement of 5000 sq yards residential site.
Similarly, for developed commercial site in case of more than one acre
acquired land, at least one Single Storey Booth (big) of size 90.45 sq
yards would be given for each acre of acquired land. If the acquired
land was two acres, two such booth sites would be given and if
the acquired land was five acres, five such booth sites would be given.
For the remaining area of entitlement, the owner could seek monetary
compensation if the remaining area was less than 27.12 sq yards or opt
for small sized booths in case the remaining area was equal to or more
than 27.12 sq yards plus monetary compensation as the case may be, he
added.
He said that the option for Land Pooling Scheme would be exercised
by the Landowner in writing in the Application Form. If the land being
acquired was situated in an area for which the prescribed Floor Rate was
Rs. 20 lakh per acre, the Landowner could opt for upfront payment of
part amount up to Rs. 20 lakh per acre as an advance. This amount would
carry a simple interest at a rate of nine per cent per annum from the
date of payment till the date of final settlement. In case the land
being acquired was one acre and the amount taken in advance was Rs. 20
lakh by the landowner, and plots of developed land were floated,
say, after three years, the land owner could repay total amount of Rs
25. 40 lakh including Rs. 20 lakh and Rs. 5.40 lakh (interest) to HUDA
and take developed land of 1000 sq. yards residential site and 100 sq.
yards commercial site at the time of first floatation. In case the land
being acquired was one acre and the amount taken in advance was Rs. 20
lakh by the landowner, and plots of developed land are floated,
say, after three years, the updated amount along with interest at the
prescribed rate would be Rs. 25.40 Lakh. In case the rate of first
floatation of developed land was determined at a rate of Rs. 8000 per
sq. mtr. (Or Rs. 6689/- per sq. yard) at the time of first floatation,
the total cost of residential plots as per his entitlement would be Rs.
66, 89, 000. Therefore, after adjusting the updated amount of
advance (Rs. 25.40 lakh), the entitlement for balance
developed residential plot would be 620.27 sq yards. In this case, he
could seek allotment of 100 sq yards commercial site and upto 620.27 sq
yards residential land in the form of plots of nearest standard size
available and receive payment for the balance land at the first
floatation rate, he added.
He said that in case the land being acquired was one acre and the
amount taken in advance was Rs. 20 lakh by the landowner, and plots of
developed land were floated, say, after three years, the updated amount
along with interest works out to Rs. 25.40 Lakh. In case the rate
of developed land was determined at a rate of Rs. 8000 per sq. mtr. (or
Rs. 6689/- per sq. yard) at the time of first floatation, the equivalent
developed residential land for this amount of Rs. 25.40 Lakh works out
to 379.73 sq. yards (317.52 sq mtrs). Thus his entitlement for the
balance developed residential land would be equal to 620.27 sq. yards
(518.66 sq. mtrs.) of which the equivalent amount works out to Rs. 41,
49, 000 (620.27 x 6689). Value of his entitled Commercial site would be
Rs. 20, 67, 000. Thus, the total balance value would be Rs. 62, 16, 000.
The landowner could ask for payment of this balance amount at the time
of first floatation of plots, he added.
He said that separate draw for residential and commercial plots would
be held. In the first phase draw for residential plots would be held
followed by draw for commercial plots, preferably within four months of
the draw for residential plots. If the land being acquired of a
landowner was one acre, and he wants to exercise his option under this
provision, he could opt for the ‘Land Pooling Scheme’ in respect of
0.5 acres of land and the ‘Compensation package amount along with R and R
Benefits’ in respect of the balance 50 per cent of his land being
acquired. This ratio cannot be changed. He said that the value addition
on account of GP, P and SP status of plots would be adjusted against
the monetary benefit of residential or commercial plots to be
allotted. In case the plot area was found to increase vis-Ã -vis standard
size at the time of demarcation, the extra amount due would be adjusted
against monetary benefit of residential or commercial plots. If in case
the area of residential plots was found to decrease in the demarcation,
monetary compensation at the first floatation rate would be given for
the deficit area, he added.
He said that for ease of calculations, the decimal points up to 0.49
would be rounded to the lower full number, the decimal point of 0.50
would be taken as it is and decimal points above 0.50 would be rounded
to the next whole number, in cases of land measurement or conversion and
the amount. It would be the responsibility of the Seller to inform HUDA
about the sale of plot before entering into sale agreement and
incumbent upon the purchaser to get his or her name entered in the HUDA
record by presenting a certified copy of registered sale deed to the
concerned Estate Officer of HUDA within 90 days of registration. The
purchaser of land would be bound by the conditions of allotment letter
that would be issued by HUDA and would be governed by the HUDA policies
as applicable from time to time. Time limit for construction would also
be applicable for the purchaser as per HUDA policy. The land owner would
get the conditions regarding presenting of sale deed to the Estate
Officer by the transferee and applicability of HUDA rules, regulations
and policies on the transferee incorporated in the sale agreement, he
added.
