FORM

(For Revenue authorities)

Gonda – Azimgarh  Railway

AZIMGARH  SECTION

Schedule  showing land  required  for  railway  purposes  in  the  Bilaspur  tehsil  of  the  Banda  district

Name of the village :-  Mandwal

Reference  to  Plan

 Set                 Sheets

Purpose for which the land is occupied

Area of land required (pink)

 

Set-C                      3

 Banda

District

                               3

 

                               3

 

                              

                               4

 

                               4

 

                               4

 

                               5

 

 

                               6 

 

 

                               6           

 

Main line from chainage 36, 627 to chainage 38,900.  Land to be permanently occupied

 

Same length for side curttings

 

Extra land for stocking material etc. at site of bridge No.57

 

Mandal Station yard

 

Approach road to Mandwal Station

 

Site for temporary house and office for Assistant Engineer

 

Brickfield to north of line opposite chainage 42,350, to be permanently occupied

 

Main line from  chainage 41,440 to chainage 42,728, land to be permanently occupied

 

Same length for side cuttings

                                   Total:

Acres

4.6, 963

 

 

3.1, 309

 

9.5, 500

 

 

 

28.6, 961

 

2.7, 548

 

5.5, 096

 

11.2, 163

 

 

2.4, 389

 

 

1.5, 243

69.5, 172

 

Azimgarh:                              Executive Engineer

_____________                      Engineer-in-Chief

General Manager                     ______________

                                    Chief Engineer.

 

99.            Paragraph 702 of the Indian Railway Code- When the work of acquisition extends to more than one district but lies within one division, application should be made to the Commissioner, when in more than one division to the Chief Revenue Authority of the State.

 

100.            Paragraph 703 of the Indian Railway Code - For the better identification of land in cases where the areas to be taken up are extensive, the following further information should also be furnished by a Railway Administration to the State Government or Administration in applying for the acquisition of land:-

 

(a)   The name of the railway.

(b)   The copy of the order of Government, when necessary, sanctioning the construction of the railway.

(c)   A brief general description of the route to be followed by the railway with the names of the more important villages or towns through or near which it is intended that the railway should pass.

(d)   A list of the civil districts in which the land will be required for the purposes of the railway with the approximate area in acres of the land required in each.

(e)   For each civil district, the name or description of the place or places at which the land plans for the district will be available for inspection by the public.

 

The State Government or Administration should also be furnished with a general index plan to a scale of 1 mile to 1 inch  showing the route to be followed  by the railway.

 

101.            Paragraph 705 of the Indian Railway Code - Should any land be required for temporary occupation only under section 35 of Act 1 of 1894, it should form the subject of a separate application in which the fact that permanent acquisition is not required should be clearly stated.

 

102.            Estimates preliminary to putting Land Acquisition Act into force – (Paragraphs 706 and 707 of the Indian Railway Code)- On receipt from the Railway Administration of the application for land drawn  up in  accordance with the procedure prescribed above, the responsible Revenue Official will forward to the Railway Administration a statement showing the nearest approximate cost of the land which can be obtained without a detailed valuation of the property and also a draft declaration under section 6 of the Land Acquisition Act on which it should be recorded that there is no objection to the acquisition of land on any general or specific grounds.  In the case of large projects, in lieu of the statement prescribed above, the Revenue Authorities will furnish to the Railway Administration data in the form given in paragraph 12 supra showing the estimated average value per acre as near as may be for the different classes of land in the localities affected by the projects.

 

In no circumstances should the Local Revenue Authority be called upon to furnish data even rough approximations, before they are supplied with a sketch map (or detailed plans, if such have already been prepared), for each district traversed by the railway, showing the exact course of the centre line of the land to be taken up, with reference to villages and towns, as a departure from the strict observance of this requirement throws upon the Revenue Authorities undue responsibility for the adequacy of the preliminary estimates.  The sketch map should be to a scale of one inch to the mile and should show village boundaries wherever they have been surveyed.  The distances should also be marked upon it, and the average width of the strip to be taken up should be stated.  For the land near towns, or which for other reasons is likely to have specially high value, a map to a sufficiently large scale should be prepared, showing the approximate boundaries of the land likely to be required, with a note of any valuable trees, buildings or other property for which compensation will have to be paid in addition to the price of the land itself.

 

103.            Paragraph 708 of the Indian Railway Code- When the estimated value of the land exceeds Rs. 25,000 in any one district or one lakh in any division, it is necessary that the data should be countersigned by the Commissioner of the division in which the land is situated or the Chief Revenue Authority of the State, respectively.

 

104.            Paragraph 709 of the Indian Railway Code - The statement or data received from the Revenue Authorities should be taken as representing  the value of the land, inclusive of tenants rights but exclusive of the value of houses, trees, standing crops, etc. on the land, the approximate cost of which should be separately furnished by the Revenue Authorities.  In addition to the data prescribed above, the Revenue Authorities should also give  a  rough estimate of the amount of such further items (if any as are likely to be included in an award based on section 23(I) of the Land Acquisition Act, including when necessary, and estimate of payments to be made direct to the proprietors of the area acquired in lieu of abatement of land revenue and charges for establishment and contingencies.  Special care should be taken by the Revenue Authorities in furnishing as accurate data as possible, so as to prevent inaccurate estimating.  With this information in hand, the Railway Administration should proceed to frame an estimate* of the total cost of acquisition in detail, including (in cases where voluntary surrender is not probable) the additional 30 per cent laid down in section 23(2) of the Land Acquisition Act, on the market value of the land under section 23(I), clause I of that Act.

 

104-A. Form for preparing land estimates - In preparing land estimates, it will be found generally convenient to adopt the following form:-

           

Value of land:--

                        Waste

                        Arable

                        Homestead

                        Bazar

 

*In the reports and estimates submitted by Railway Administrations, it should be specially mentioned whether or not the land estimates have been prepared from data furnished by the Revenue  Authorities.

 

      Value of:--

(a)                Masonry houses

(b)               Thatched houses

(c)                Trees

(d)               Standing crops

 

Add additional compensation at 30 per cent under section 23(2) of the Act on the market value of the land including  houses, trees and crops,

 

            Add market value of Government land taken up.

            Add damages under clauses 2 to 6 section 23 (I) of the Act.

            Add cost of establishment (when necessary).

            Add contingencies.

 

105.            Paragraph 711 of the Indian Railway Code- Should the estimate so framed be within the powers of the Railway Administration to sanction and there be no objection to the acquisition of the land on the part of the revenue authorities, the General Manager or any other Officer duly empowered to sanction the estimate will then accord sanction and allot the necessary funds and forward the estimate duly countersigned by the Accounts Officer together with the draft declaration and duly signed plans and schedules,  to the State Government or Administration for taking necessary steps for the acquisition of the land. When it is decided to make reduction in the extent of the land which the State Government has already been asked to arrange to acquire prompt warning should be given to them to take steps to modify the declaration already issued, or to make necessary withdrawal from acquisition.  If the sanction of the Railway Board is necessary to the estimated cost of the land, the Railway Administration should apply for and obtain that sanction before applying to the State Government or Administration for the acquisition of the land.

 

105-A.   Act XXXVIII of 1923 Notification under section 4- After receipt of such an application the State Government or Administration Act XXXVIII of 1923, will issue a notification under section 4 whether a preliminary survey notification under section 4, or other Act provided for in section 4 is necessary or not.  A copy of this notification shall be pasted at the Collectors Office and at the Tehsil and shall be served on all persons known to be interested who would be entitled to claim an interest in the land acquired under the Act.

 

Note:    All owners, mortgagees and tenants whether occupancy or not, should ordinarily be included in the term “persons interested” for the purpose of this rule.

 

105-B(a) (Act XXXVIII of 1923, Disposal of Objections)-Any person interested in any land which has been notified under section 4, sub-section (1) may within 30 days after the issue of the notification object to the acquisition of the land or any land in the locality as the case may be.  Every such objection must be made to the Collector in writing and the following procedure is to be observed for the disposal thereof: -

 

(i)                 When the Collector receives an objection, he shall fix a date for hearing it, and shall give notice of the date to the objector and to the officer of the department or to the local body on whose application the notification under section 4 has been issued.  It will generally be convenient to hear all objections after a limit of thirty days has expired.

 

(ii)                On the date fixed for hearing, if the objector fails to appear in person or by pleader, the Collector, may if he thinks fit make an ex parte enquiry regarding the objection, or he may at once report to the State Government the fact of the objector’s failure to appear.  In either case he shall without unnecessary delay, report his opinion as to the validity of each ground of the objection.

(iii)              The Collector shall forward his report together with the record of his proceedings direct to the Home Secretary to the Punjab Government.

(iv)              No costs shall be allowed.

 

(b)            If the State Government after considering of the report of the Collector decides to withdraw from the acquisition proceedings, the notification under section 4 of the Act shall be cancelled without delay.

 

106.            Procedure in cases of urgency- (Paragraph 714 of the Indian Railway Code) - In cases of urgency, Railway Administration are empowered to depart from the ordinary rule stated in the previous paragraph and sanction the acquisition of land prior to the preparation and sanction of estimates either for the work of the land, provided the total probable cost of the work is within the power of Railway Administration to sanction.  Where it is anticipated that the estimated cost of the land or the work will exceed the powers of sanction of the Railway Administration, the reasons for urgency of acquisition and brief particular of the work for which it is required together with information regarding the probable cost of the land and of the work should be reported to the Railway Board and their sanction to the acquisition of the land applied for.

 

107.     Where land is granted free of cost, Government undertake to secure to the railway only empty possession- (Paragraph 717 of the Indian Railways Code) - Where land is acquired by Government and made over free of cost to a Railway Company, for the construction of a Railway, the Railway Company, in the absence of any express stipulation to the contrary, are entitled to dispose of, or use for the purpose of the railway and material, trees, buildings or other property that may be on the land when it is handed over to them, but Government are entitled, before handing over the land, to dispose of or stipulate for the disposal of, any such material, trees, buildings, etc. which they may have been obliged to acquire with the land and to apply the sale-proceeds in reduction of the cost of acquisition.  Further, it is the business of the Railway Company to clear the land of all obstacles or obstructions and prepare it for the construction of the railway, Government undertaking to secure to them empty possession only free of encumbrances.

 

 

(c)            Procedure after the  Act  is  put  into  force

             

108.     After publication of declaration – (Paragraph 718 of the Indian Railway Code)- After the publication of the declaration under section 6 of the Land Acquisition Act, the State Government or Administration will direct the Collector, or other  Officer specially appointed for the purpose, to proceed to acquire the land in the manner indicated in the Land Acquisition Act and all subsequent proceedings will be taken by the State Government or Administration.  When the awards have been announced, the Railway Administration may enter into possession  of the land, but before doing so, the authority of the Land Acquisition Officer to its occupation should be obtained.  When possession is taken, the acquisition is completed and the land then vests absolutely in Government. Up to the moment of taking possession under the Act, Government is at liberty to withdraw from the acquisition but not afterwards. It should be noted that withdrawal from acquisition entails liability for payment of compensation for any damage suffered by the owner in consequence of the notice or any proceedings thereunder. [Section 48(2) of the Land Acquisition Act].

 

109.            Valuation for purposes of the award –  (paragraphs 719 & 720 of the Indian Railway Code) - A Land Acquisition Officer in any inquiry and award under section 11 of the Land Acquisition Act, will give notice to the Railway Administration or their chief local representative of the day on which the enquiry is to be held, and will take into consideration any representation which the Railway Administration or their chief local representative may make whether orally or by letter.  Also before finally making the award, the Land Acquisition Officer will allow the Railway Authorities an opportunity of appearing in person or by agent and of producing evidence as to the value of the land.  Railway Administration should take advantage of these opportunities for representing their views and protecting their interests.  Further, in order to protect the interests of Government in cases where land is granted free of cost to a railway, it is incumbent on the Collector of the District, or should he himself not be making the award, the Land Acquisition Officer so authorised to refer to the Officer nominated as Government Director of the Circle or the General Manager of the Railway Administration or his representative, all cases in which the awards are likely to exceed the original estimates by more than 10 per cent or by more than Rs.10,000.  The officer nominated as Government Director or the General Manager of the Railway should then decide whether it is advisable to be present, and if so, he should inform the Collector or the Land Acquisition Officer (through the Collector) to that  effect within one month of the date of the receipt of the reference.  If no such intimation is received by that date, it should be assumed by the Collector that the officer nominated as Government Director or the General Manager does not want to be present and that there is no objection to the award being then made.  It is very important that the procedure herein above laid down is taken advantage of in order that the interests of the purchaser may be adequately represented.

 

If the award, as finally settled after objections have been heard in the course of proceedings, exceeds by more than 20 per cent the original estimate of the cost of acquisition or if the evidence as to the value is conflicting and such as to indicate a reasonable probability that the Civil Court will award a sum exceeding that estimate, the Land Acquisition Officer should defer the award and inform the Railway Administration concerned of the facts.  Further action will then be suspended until the Railway Administration has decided whether acquisition should be proceeded with or not.  Before communicating such decision the Railway Administration should, when  the excess is likely to exceed their powers of sanction, submit a report of the matter for the orders of the Railway Board, explaining at the same time whether the acquisition of the land is necessary or whether some plot of land other than that originally contemplated may not be taken up instead.  It is incumbent on Railway Administration to endeavour to avoid the location of a railway line upon land the acquisition of which will entail either unnecessary expenditure to Government, or annoyance to the owners, if the object sought can be equally well attained by a slight alteration of the alignment or in some other manner.

 

109-A. Taking possession – (paragraphs 721 & 722 of the Indian Railway Code)- Possession of the Land will be made over by the Local Revenue Authority or his representative and will be taken over by a representative not lower in status than a Sub-Divisional Officer of the Engineering Department of the Railway.  The area on the ground should be carefully checked with that on the Plan, and if found correct, the permanent boundary marks should be affixed as soon as possible thereafter.

 

A certificate, atleast in duplicate, to the effect that the land has been on that day correctly made and taken over, will then be signed by both parties and recorded by the Revenue and Railway Authorities, respectively.

 

110.            Revised estimates –(Paragraph 723 of the Indian Railway Code) - If during the proceedings under section 11 of the Land Acquisition Act, it becomes apparent to the Land Acquisition Officer that the cost of the land will exceed the amount of the sanctioned estimate, he should report the excess to the Railway Administration concerned and at the same time furnish fresh data for the revision of the estimate.  The Railway Administration will then frame a revised estimate of cost in full detail and if the excess is within the powers delegated to the Railway Administration, sanction the estimate and allot the further funds necessary.  Should the revised estimate, however, require the sanction of the Railway Board, such sanction should be applied for, in doing so, an explanation of the cause of excess should be furnished, where it exceeds the initial estimate by more than 10 per cent.  It should be noted that the countersignature of responsible Revenue Authorities should be obtained to the revised estimate as in the case of the original estimates.

 

110-A.            Completion Reports – (Paragraphs 724 & 725 of the Indian Railway Code) - When acquisition has been finally completed and awards made, a completion report showing the actual expenditure incurred on the acquisition should in the case of lines under construction, and of open line works costing Rs.20 lakhs and over, be submitted to the Railway Board, either separately or along with the completion report of the works for which the land has been acquired.  These completion reports should be drawn up in details by the Railway Administration on the awards actually made.  As regards land taken up for open line works costing less than Rs.20 lakhs, no completion report need be submitted to the Railway Board unless it is found that expenditure has been incurred over the original or revised estimate, in excess of the power of the Railway Administration.

 

 

(d)  MANAGEMENT  OF  LAND

 

111.            (Paragraph 810 of the Indian Railway Code) - A State Government may be offered the management of such areas of “available” land as it may agree to accept and if necessary may be permitted to retain a percentage (to be agreed upon between the Railway Administration and the State Government) of the gross receipts accruing from the lease etc. of the land.  In such cases the following conditions will apply, viz: -

 

(i)                 That such transfer conveys no power to sell, exchange or give away the land without the sanction of the Railway Administration (i.e. the land will still remain in the “occupation” of the Central Government), and that the latter may impose such restrictions as it may consider necessary on the use or occupation of the land so entrusted.

 

(ii)                That the Railway Administration reserves the right to withdraw such land, without compensation after giving reasonable notice or on payment of a fair price if resumption is made at such short notice as to preclude the gathering of any crop, indigenous to the locality, sown thereon.

 

(iii)              Receipts, less any percentage that  may be agreed upon, will be credited to the Railway.  Taxes, which would be leviable on the land were retained under the management of the Railway Administration, will continue to be a charge on the Railway.

 

(iv)              That on the resumption of the land by the Railway Administration or if under disposal on its sale, it should be handed over with a clear title, any steps necessary to preserve such title being taken by the State Government on behalf of the President.

 

            Land made over for management to the State Government should be properly demarcated and accompanied by the necessary plans.

 

112.            Methods of Management – (Paragraphs 812, 813, 814 and 815 of the Indian Railway Code): --To enable management to be conducted on commercial  lines, Railway Administration are permitted to grant to outsiders or other Departments, under a lease or license, rights and facilities in respect of “available” land for such purposes, whether or not connected with Railway working, as they may deem suitable.

            The leasing or licensing of “available” land agreeably to these rules, for purposes connected with the working of the Railway (e.g. Bulk Oil Installations; Warehouses, Wharfs or other premises for storing goods on receipt from the Railway after arrival or before being made over to the Railway for dispatch; Shops for Station Vendors; Schools for the children of railway employees, etc. etc.)  does not require a reference to a State Government or other authority; but, in the case of land leased or licensed for other purposes, the State Government or other authority concerned should be consulted whenever the contingent circumstances are such as to render it relevant or advisable, particularly if the alienation is of a quasi-permanent nature.

 

            The leasing or licensing of Railway land for religious or educational purposes or the granting of permission for the erection on railway land of new structures to be used for religious purposes or the modification or extension of existing structures, will require the sanction of the Railway Board.  The General Manager of a Railway is, however, empowered to license plots of vacant railway land to railway employees for the purposes of “praying platforms”.

 

            In addition to the lease or license of land itself, rights pertaining thereto, such as grass-cutting, grazing, fruit, fishing, mooring, etc. may be let out by Railway Administration.

 

113.            Paragraph 816 of the Indian Railway Code- The method by which land is managed by a State Government will be decided by that authority, subject only to the conditions on which such management is undertaken.

 

 

(e)               RELINQUISHMENT  OF  LAND

 

114.            Paragraphs 801, 823 and 824 of the Indian Railway Code- The instructions in this section are subsidiary to the land Transfer Rules issued by the Government of India and contained in paragraph 2 supra.

 

The general position is that under section 172 of the Government of India Act, 1935, relevant portions of which are reproduced below, all lands and buildings which vested in His Majesty immediately before 1st April, 1937, and which were then used (otherwise than under a tenancy agreement between the Central and State Government) for purposes which thereafter became purposes of the Central Government (e.g. for the purposes of Federal Railway) would automatically vest in the Central Government.  Lands and buildings, which were not actually so used immediately before 1st April, 1937, even though formerly intended to be used for Central purposes, would vest in the provinces, unless they are certified to have been retained for future use for Central purposes or to have been retained temporarily for more advantageous disposal by sale or otherwise. Under this section, therefore, Railway Administrations have the right to remain in undisturbed possession of only such lands in their occupation on the 31st March 1937 as were actually required for the effective discharge of their duties (of paragraph 825 infra).

 

            “Section 172 of the Government of India Act, 1935—(1) All lands and buildings which immediately before the commencement of Part III of this Act were vested in His Majesty for the purposes of the Government of India shall as from that date:

 

(a)               In the case of lands and buildings which are situated in a province vest in His Majesty for the purposes of the Government of that Province unless they were then used, otherwise than under a tenancy agreement between the Governor-General in Council and the Government of that Province, for purposes which thereafter will be purposes of the Federal Government or of His Majesty’s Representative for the exercise of the functions of the Crown in its relations with Indian States, or unless they are lands and buildings formerly used for such purposes, as aforesaid, or intended or formerly intended to be so used, and are certified by the Governor-General in  Council, or, as the case may be,  His Majesty’s representative, to have been retained for further use for such purposes or to have been retained temporarily, for the purpose of more advantageous disposal by sale or otherwise.

 

(b)               in the case of lands and buildings which are situated in a Province but do not by virtue of the preceding paragraph vest in His Majesty for the purposes of the Government of that Province, and in the case of lands and buildings which are situated in India elsewhere than in a Province, vest in His Majesty for the purposes of the Government of the  Federation or for the purposes of the exercise of the functions of the Crown in its relations with Indian States, according to the purposes for which they were used immediately before the commencement of Part III of this Act;

 

XX         XX        XX       XX        XX

 

(5)   Any question which may arise within the five years next following the commencement  of Part III of this Act as to the purposes for which any lands or buildings are by virtue of this section vested in His Majesty may be determined by His Majesty in Council.”

 

In regard to all railway land the policy of the Railway Board is to limit holdings to actual requirements, present and prospective. Every Railway Administration, should, therefore, be in a position to justify the retention of land occupied by them, and where unable to do so, should classify it as “eligible for disposal” and arrange for its disposal agreeably to the rules in the following paragraphs.

 

While land is not to be retained unreasonably, it is equally not to be disposed of and prices in commensurate with its value, nor surrendered free of cost.

 

115.            Paragraph 825 of the Indian Railway Code - In deciding whether or not a certain area is eligible for disposal, Railway Administration should be guided by the consideration that land may be said to be required for the effective discharge of the duties of the Ministry of Railway, if it falls within one or the other of the following categories: -

 

(a)               Land in the active occupation of a railway, i.e., land actually occupied by the permanent works of the railway, or required for their construction, maintenance or repair.

(b)               Land not so occupied, but to the permanent alien control of which specific objections exist, i.e., land in the midst of or adjoining that in active occupation and to separate which from such area would be detrimental to railway interests.

(c)               Land required in the interest of the health or welfare of the staff, or for the safety of railway property (e.g. sanitary or fire zones, etc.).

(d)               Land required for such future development as may properly be contemplated.

 

116.            Paragraph 826 of the Indian Railway Code - When it has been decided that a certain area of land is no longer required by any department of the railway and that it is, therefore, eligible for disposal.  The following procedure should be observed: -

 

(1)   If the land adjoins or is in the near vicinity of land belonging to any other railway or department of the Central Government it should first be offered to such railway or department.  If one of these desires to acquire it, the land should on the terms being agreed upon, be made over by the responsible railway authority to an officer of the department or railway deputed for the purpose.  A formal record of the transfer should be made and the State Government advised; or if willing, the latter may be entrusted with the work of transfer.

 

(2)   If  the land is not  adjacent to or in the close vicinity of that held by other railways or departments of the Central Government or, though so situated, is not required by such railways or departments; it should be offered to the State Government.  If the State Government is willing to purchase it, it should on the terms being agreed upon, be made over to the officer appointed for the purpose, the procedure laid down in paragraphs 109 and 109-A, supra, being followed mutatis mutandis. 

 

(3)   If the State Government is unwilling to purchase it, the land should be disposed of to the best advantage possible.

 

(4)   If neither another railway nor a department of the Central Government nor the State Government, desire to acquire the land, and if no reasonable offer is forthcoming from other parties, the land should be retained by the Railway Administration and managed in accordance with the procedure laid down in paragraph 807 of the Indian Railway Code for the Engineering Department, until such time as one or the other of the above contingencies eventuate.

 

116-A.            (Paragraph 827 of the Indian Railway Code)-  In the disposal of land under clause (3) of the preceding paragraph, the following procedure should be adopted :-

(a)               The State Government may be asked to undertake the whole process of disposal, the Railway Administration merely concurring in the terms.

(b)               If the State Government is unwilling to undertake negotiations for sale these should be carried out by the Railway Administration and the State Government requested to carry out by the final transaction on the terms arranged.

(c)               If the State Government is unwilling to effect even the actual transfer, a formal deed of conveyance should be drawn up by the Railway Administration (ordinarily at the expense of the purchaser), submitted to the authority competent to execute it for signature, and registered, the land being thereafter made over, by the responsible authority to the purchasers.

(d)               In any case the State Government should be consulted as to the manner of disposal, the conditions (if any) that should be laid down for the use of the land after sale, and the extent to which (if at all) the principles of the Resolution of the Government of India in the Department of Revenue and Agriculture No.13/44-13, dated 30th October 1896, reproduced below, should be applied: -

 

Resolution No.13/44-13, dated 30th October, 1896 of the Government of India in the Department of Revenue and Agriculture.  The Government of India desire that whenever agricultural or pastoral land has been acquired for public purposes, whether by private purchase or by compulsory acquisition, and is no longer required for such purposes, the disposal of it may be guided by the following general considerations:-

 

“In the first place all proprietary rights and all rights of occupancy which were extinguished by the acquisition should be first offered to the persons from whom they were acquired, or their heirs if discoverable; the former (where both kinds of rights co-existed) being made subject to the latter under the provisions of the Crown Grants (Act XV of 1895).

 

“In the second place of the price at which these rights are offered should be the amount of compensation originally  paid for them, less the 30 per cent in excess of the value which will have been paid if the acquisition was compulsory.  This price may be reduced, if necessary, on account of any deterioration that may have taken place in the fitness of the land for agricultural or pastoral purposes while it was in occupation of Government, but it should not be increased, except in the case stated below, on account of any rise in its market value during that period.

 

“In the case of plots which by reasons of their size or shape are practically of no value to anyone but the owners of the adjoining land of those owners are not entitled to the first offer as above, they ought nevertheless to receive the first offer; but in that case there is no objection to asking the market value, though the reasonable offer of a neighbouring holder should always have the preference over that of an outsider.

 

“The Superior Revenue Authority will, of course, always retain and exercise discretion in the application of the general rule about the charge of cost price.  Special Cases will occur, and exceptions will be justifiable, as for example, when the persons first entitled are remote descendants or relations of the original holders, or when the rise in the market value of the land has been so exceptionally great as to take the case out of the general rule.  The Government of India lay down no hard and fast rule, but only a principle for general guidance.

 

“It will be observed that the above principles apply to agricultural and pastoral land only, and not to building sites or town lands.”

 

“2. It will be for Local Governments and Administrations to issue instructions adopted to local circumstances, in general conformity with the above considerations.  Those instructions will be mere executive  instructions; and the greatest care should be taken to avoid anything which might have the semblance of conferring a right, or affording a basis for any claim either as against Government or as between private parties, and to make  it clear that the concessions in question are made as an act of grace, and are wholly within the pleasure of Government to grant or to refuse in any particular case.”

 

 

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