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Tuesday, April 13, 2021

To expedite projects for public purpose & avoid land disputes, Haryana revises transfer of government land norms

Under the revised policy, transfer of government land between two government departments shall be free of cost.

Written by Varinder Bhatia | Chandigarh |
March 4, 2021 9:54:49 am
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To expedite development projects for public purpose and avoid inordinate delays, Haryana’s revenue department has notified rules/guidelines for transfer of land from one government department to another, from government to other organisations etc., without the approval of the chief minister or council of ministers.

In a significant development, the revised policy introduced by the department of revenue mentions detailed guidelines that would help avoid excessive delays that cause immense escalation of project costs due to prolonged transfer of land procedures.

“Some difficulties have been observed in dealing with transfer of lands, for which there is a need to provide a policy for transfer of land from the central government to state government, state government to the central government, one department of the state government to another, from state government to other organisations like municipal bodies, universities, boards, corporations, autonomous bodies etc,” the notification reads.

Explaining the rationale behind the revised policy, a senior officer of the revenue department told The Indian Express, “In several cases, it was observed that the file from one department to another seeking transfer of land required for a project by a particular department kept shuttling in the official corridors for months. By the time the file got approval, the project cost would have escalated manifold, causing excessive burden on the state exchequer. To avoid all this, new guidelines will not only make the transfer quick but also help government save lots of money.”

The revised policy – ‘Policy for transfer of government, municipal bodies & gram panchayat lands for public purpose’ – has now been enacted by the state government.

Under the revised policy, transfer of government land between two government departments shall be free of cost. “No approval of Council of Ministers (CMM) is required in case government land belonging to one department is to be transferred to another department. Prior approval of the department to which the land belongs, shall have to be obtained by the acquiring department by getting the case routed through deputy commissioner, who is in need of the land. Approval of the chief minister shall be obtained by the acquiring department. Prior concurrence of the finance department would not be required in case it is a transfer from one department to another,” the revised policy says.

After compliance of all procedures, the acquiring department will send the case to office of the financial commissioner (revenue) and additional chief secretary and along with relevant revenue documents. It shall also be ensured that no court case, at any level, is pending in respect of the land in question. The transferring department shall give an undertaking in this regard.

In case of transfer of government lands to various government boards and corporations, “Transfer of government land shall be made at the collector rates fixed for registration of transfer/sale deeds. Approval of the chief minister shall be obtained by the acquiring board/corporation through its administrative department, while approval of council of ministers shall be required in case government land belonging to one department is to be transferred to a board/corporation, by the transferring department. Prior concurrence of the revenue department and finance department shall have to be obtained by the acquiring board/corporation.”

In case of government land’s transfer to municipal corporations/ councils/ committees and village panchayats including zila parishad and block samitis, the transfer of government land shall be made at the collector rates fixed for registration of transfer/sale deeds. Similarly, transfer of Municipal Corporation/Council/Committee land to a government department, the transfer of any immovable property of the Municipal Corporation by way of sale, lease or otherwise to a government department, shall be transferred at Collector rate, subject to the prior approval of the government as provided in the Haryana Municipal Corporation Act, 1994.

“In case, the transferring department does not agree to the transfer, a committee headed by the chief secretary would examine the matter and place the proposal before the council of ministers after approval of chief minister. In case land has to be transferred to the Union government at rates less than the collector rate, a committee headed by the chief secretary would examine the matter and place the proposal before the council of ministers after approval of chief minister,” the revised policy mentions.

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