It
is informed that records of rights such as jamabandi, mutation register are
maintained by the revenue department of the government in pursuance of Chapter IV
of the Punjab Land Revenue Act, 1887 which deals with the Records of Rights and
Annual Records so as to access and
determine the land revenue. The attention is invited to section 4 of the Punjab
Land Revenue Act, 1887, which provides that the Land Revenue Act, 1887 is not
applicable to land which is occupied as the site of a village and is not
accessed to land revenue. Further, revenue officer has been given the power to define
the limits of a site of a village under section 4(2) of the Act. Therefore, the
land records are not maintained for the land which falls under section 4.
As
per Haryana Development and Regulations of Urban Areas Act, 1975 (hereinafter referred as ‘HDRU’), the
act is envisaged to regulate the use of land in order to prevent ill planned
and haphazard urbanisation in or around towns and for development of
infrastructure sector and infrastructure projects for the benefit of the state
of Haryana and for matters connected therewith and incidental thereto. HDRU in
general provides for the procedure for a land owner to convert his land into a
colony and make an application to the Director of the Department of Town and
Country Planning, Haryana.
Upon
receipt of an application under section 3(1) of the HDRU for conversion of land
into a colony, the director may either refuse to grant a license or grant a
license under section 3(3) of HDRU on the conditions of owner fulfilling
requirement of furnishing a bank guarantee, pay proportional external
development charges, undertake responsibility for the maintenance and upkeep of
all roads, open spaces for a period of 5 years from the date of issue of the
completion certificate and thereafter the same stands transferred to local
authority. Further, the coloniser after change of land use, is also required to
construct at his own costs, or get constructed by any other institutions or
individual at its costs hospitals, community centers and other community
buildings on the lands set apart for the said purpose. It is pertinent to
mention that at the time of making the application for grant of license, the owner
under Rule 3 of the Haryana Development and Regulations of Urban Area Rule,
1976 has to submit layout plan depicting the division or proposed division of
land into plots, roads, open spaces, etc and other details as may be necessary.
It is pertinent to mention that submission of layout of the land itself
indicates that the land which was earlier identified by its revenue records is
now proposed to be divided into and be given new identity and plot numbers.
Under
Section 3A(1) of the HDRU, the colonizer is further required to deposit
infrastructure development charges with the Department. Further under section
3A(4), the Coloniser is entitled to pass on the infrastructure development
charges to the plot holder.
As
per Rule 26 of the Haryana Development and Regulations of Urban Areas Rules,
1976, the coloniser is required to (i) issue regular receipts to the plot
holders in respect of the money receive by him and maintain counterfoils of the
receipts so issued, (ii) maintain separate ledger account of each plot holder,(iii)
maintain a register containing the authenticated copies of each of the
agreements entered into between him and each of the plot holders and others.
Rule 26(2) further provides that coloniser shall file annual return duly
audited, certified and signed by a chartered accountant detailing the amount
realised from each of the plot holders, and the amount due against each of the
plot holder. Further in clause 5 of the draft bilateral agreement by owner of
land intending to set up a plotted colony, it is provided that the
owner/coloniser shall submit the list of allotee(s) to the director twice a
year.
In
view of aforesaid, it is lucid that once a colonizer is granted a license under
the Haryana Development and Regulation of Urban Areas Act, 1975 for converting
its land into a colony, the old revenue record numbers are replaced with the
plot numbers so marked out and indicated in the layout plan as approved by the
Department of Town and Country Planning. It is also evident that as per the
HRDU Act, all records with respect to the plots, flats, and other details as
mentioned in the Layout Plan and the maintenance and collection of
infrastructure development funds is maintained by the Coloniser based on which
the Department of Town and Country Planning is regularly updated about the list
of allotee and the plot holders.
Therefore,
it can be concluded that mutation in revenue records is not possible once the
change of land use has happened and a license has been granted by the
Department of Town and Country Planning.
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