Saturday, October 25, 2014

Whether mutation of a property developed by a private coloniser in haryana (gurgaon) is possible under the revenue records viz. jamabandi, mutation registers and others?


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.


1 comment:

  1. I think, this is really very well information provided about Changing Usage and Access to Common Property Resources (CPRs) in Peri-urban Gurgaon. Thanks for given this information here about this blog.
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