Kumar Madhukar (9041098248)
Chandigarh, September 6, 2021: Haryana Government has notified policy for fixation of market rate of land in the State for all Departments, Boards, Corporations, Panchayati Raj Institutions and Urban Local Bodies.
Financial Commissioner and Additional Chief Secretary, Revenue and Disaster Management Department, Sh. Sanjeev Kaushal said that one of the main objectives of this policy is that in the absence of crystal clear guidelines many Departments of the Government including their entities have been experiencing difficulties in transferring their unutilized lands of minor nature including its abandoned paths etc to the private bodies, being situated in between their lands. Thus , a stumbling block in the fast development of their projects, besides, affecting the revenue of the State to a considerable extent. Moreover, there is encroachment or authorized/unauthorized possession over such lands/immovable properties resulting in unfruitful litigation under the different relevant statutes viz. the Punjab Village Common Lands (Regulations) Act, 1961 (Punjab Act No.18 of 1961);the Haryana Public Premises and Land (Eviction And Rent Recovery) Act, 1972 (Act No. 24 Of 1972) and other relevant statutes including Rules framed there under, besides, involvement of human resources without any fruitful tangible result. Therefore, there has been a need to formulate this policy.
He informed that at present, committees have been constituted by various departments of the Government, corporations and urban local bodies organizations to determine the market rates of land. Consequently, this gives rise to multiplicity of legal complications. Therefore, this policy has been made with the objective of creating a uniform criterion in determining the market price of the land for all departments.
Selection of valuers, valuation of property and a code of conduct for Empanelled values are also essential to determine the value of the land. He said that The Revenue and Disaster Management Department shall empanel the valuers being drawn from the registered valuers of the Income Tax Department, State Bank of India and Government-owned Insurance Companies relevant to the State of Haryana. The said Department shall also notify Code of Ethics for Empanelled Valuers for ensuring that the valuers follow the Code and can be de-panelled, in case the Code is violated.
Firstly, out of the three valuers in the Committee, one shall be nominated by the Administrative Department, the second valuers shall be chosen from the panel by the second/opposite party and the third shall be chosen as agreed upon both by the Administrative Department and second/opposite party. In case, there is no consensus on the third valuer, the same shall be nominated by the Administrative Department. The valuers shall submit their report in 10 days from the date they are so requested. (d) The Standing Committee shall meet within 7 days of the receipt of report by the three valuers. (e) The Standing Committee shall include the three official members, as mentioned in Annexure A and the Committee shall be free to invite the valuers concerned to participate in its deliberations. The Standing Committee shall, thereafter, workout the mean of the valuation made by the three valuers.
With regard to the determination of final market value, Sh. Kaushal stated that the standing The committee shall determine the market value of the land in accordance with the above procedure provided that the same shall not be less than the collector rates fixed under the Indian Stamp Act, 1899 for the registration of sale deeds in the area, where the land is situated. The final market value shall be conveyed by the Standing Committee to the Government Department and its entity, as the case may be. In case if the concerned builder/private entity is ready to pay double the amount of the latest Collector rate fixed under the Indian Stamp Act, 1899 for the registration of sale deeds of the land under reference or average of two deeds of highest amount during the preceding year in the revenue estate pertaining to the same kind of land/immovable property, whichever is higher, the appropriate decision can be taken by the concerned Department with the approval of the Chief Minister and the other procedure prescribed in the policy shall not be applicable, with the clarification that this will apply to sale only by the Government or Local Authority. After receipt of full price of the land, the conveyance deed shall be got executed by the concerned Government Department and got registered under the Registration Act, 1908 (Central Act 16 of 1908) after paying the stamp duty and registration fees by the second / opposite party.