The Haryana Consolidation of Project Land (Special Provisions) Act, 2017(28 of 2017)

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THE  HARYANA  CONSOLIDATION  OF  PROJECT  LAND
(SPECIAL  PROVISIONS)  ACT,  2017

(HARYANA  ACT No. 28 OF 2017)

Sections :
1. Short title.

2. Definitions.

3. Consolidation of project land.

4. Appointment of competent authority.

5. Notification of project land.

6. Notice to private land owners.

7. Compensation or land of equal value.

8. Preparation of draft consolidation scheme and inviting objections.

9. Notification of final consolidation scheme.

10. Right to take possession.

11. Preparation of record of rights.

12. Power of State Government to call for record.

13. Persons acting under the Act to be public servants.

14. Protection of action taken in good faith.

15. Bar of jurisdiction of civil courts.

16. Provisions of this Act to have overriding effect.

17. Power to make rules.

THE HARYANA CONSOLIDATION OF PROJECT

LAND SPECIAL PROVISIONS ACT, 2017

2017 : Hr. Act 28]



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1THE  HARYANA  CONSOLIDATION  OF PROJECT  LAND
(SPECIAL  PROVISIONS)  ACT,  2017

(HARYANA  ACT NO. 28 OF 2017)

[Received the assent of the Governor of  Haryana  on the 10th November,
2017 and was  first published for general information in the Haryana Government
Gazette (Extraordinary), Legislative Supplement Part 1 of the 17th November,
2017].

  1  2      3                 4

  Year No. Short title          Whether repealed or otherwise
affected by Legislation

  2017 28 The Haryana
Consolidation of Project
Land (Special Provisions)
Act, 2017 —

1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra)

dated the 24th October, 2017 pages 4330.

AN

ACT

to make special provisions to consolidate left out pockets of land for setting

up a project and for the matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Sixty-Eighth

Year of the Republic of India as follows:-

1. This Act may be called the Haryana Consolidation of Project Land

(Special Provisions) Act, 2017.

2. In this Act, unless the context otherwise requires,-

(a) “agency” means an agency owned, controlled, managed or

administered by the State Government and includes Boards and

Corporations;

(b) “competent authority” means the authority designated as such

under sub-section (1) of section 4;

(c) “left out pockets of private land” means the patches of land

situated between the project land owned by a person and not by

the State or its agency;

(d) “person” shall include any company or association or body of

individuals whether incorporated or not;

(e) “project land” means the land carved out or identified for the

project under section 5;

Short title.

Definitions.

THE HARYANA CONSOLIDATION OF PROJECT

LAND SPECIAL PROVISIONS ACT, 2017

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698

(f) “State” means the State of Haryana;

(g) “State Government” means the Government of the State of

Haryana.

3. Where the State Government or any agency owns or has purchased

seventy percent or more of the total project land in a particular area falling in one or

more revenue estates and the remaining is left out pockets of private land, the State

Government may consolidate the total project land to ensure the viability of such

project.

4. (1) The State Government shall, by an order, designate the Sub-

Divisional Officer (Civil) of the sub-division in which such consolidation of project

land is required as competent authority. In case the project land is situated in the

jurisdiction of two or more sub-divisions, the State Government may designate any

of the Sub-Divisional Officer (Civil) of the concerned subdivision, as the competent

authority.

(2) The powers, functions and duties of the competent authority

shall be such, as may be prescribed.

5. The State Government shall, by notification, declare the total area of

the project land alongwith the details of the land to be consolidated and the private

land situated in the project land in such manner, as may be prescribed, clearly

specifying the intention of the State Government to consolidate the project land.

6. The competent authority shall issue notices in such manner, as may be

prescribed to every person who owns whether in whole or in part, the left out

pockets of private land to exercise the option under section 7 within a period of one

month from the date of issue of the notice.

7. Every person to whom a notice has been issued under section 6 shall

exercise either of the following options in such manner, as may be prescribed for

the purposes of consolidation, namely:-

(i) seek compensation at the rate at which the adjoining land of the

project was purchased by the State Government or agency or at

the collector rate for such land plus twenty percent, whichever is

higher; or

(ii) seek an equal area of land of equal valuation in the same revenue

estate and in case of non-availability of such land in the same

revenue estate, in a neighbouring revenue estate:

Provided that if a person fails to exercise the option as

provided in clauses (i) or (ii) within the stipulated period, as

provided in the notice, the competent authority shall be at liberty

to decide and proceed further to consolidate the land in accordance

with either of the above two options.

Consolidation of

project land.

Appointment of

competent

authority.

Notification of

project land.

Notice to private

land owners.

Compensation or

land of equal

value.

THE HARYANA CONSOLIDATION OF PROJECT

LAND SPECIAL PROVISIONS ACT, 2017

[2017 : Hr. Act 28



699

8. (1) The competent authority after due consideration of the options

received under section 7, shall prepare a draft consolidation scheme of the total

project land and shall notify the draft consolidation scheme for information of the

general public to enable all the interested persons to file objections, if any, before

the competent authority within a period of fifteen days of such public notice in

such manner, as may be prescribed. The draft consolidation scheme shall specify

the manner in which the compensation shall be disbursed or the land shall be

exchanged.

(2) The competent authority shall decide the objections, if any,

received under sub-section (1) above, within a further period of one month from

the last date of receipt of such objections under due intimation of decision on such

objections to the concerned person.

9. The competent authority shall, by notification, publish the final

consolidation scheme for project land in such manner, as may be prescribed. Right

to take possession.

10. After notification of the final scheme under section 9, the competent

authority shall take over possession of the left out pockets of private land and

shall disburse the compensation or hand over possession of the land in lieu thereof

to the person to which he is entitled under the final consolidation scheme in such

manner, as may be prescribed.

11. The competent authority shall also cause to prepare a new record of

rights for giving effect to the final consolidation scheme.

12. The State Government may, either suo-motu or an application made by

a person, at any time, for the purpose of satisfying itself as to the legality or

propriety of any order passed, scheme prepared or made by the competent authority,

call for and examine the record of any case pending before or disposed of by the

competent authority and may pass such order in reference thereto, as it thinks fit:

Provided that no order or scheme shall be varied or reversed without

giving the interested persons notice to appear and opportunity to be heard except

in cases where the State Government is satisfied that the proceedings have been

vitiated by unlawful consideration.

13. Every officer and official acting under this Act shall be deemed to be a

public servant within the meaning of section 21 of the Indian Penal Code, 1860

(Central Act 45 of 1860).

14. No suit, prosecution or other legal proceedings shall lie against any

public servant or the State Government in respect of any damage caused or likely

to be caused by anything which is in good faith done or intended to be done in

pursuance of this Act or the rules made thereunder.

15. No civil court shall have any jurisdiction to entertain or decide any

question relating to matters falling under this Act.

16. Notwithstanding anything contrary contained in any other law for the

time being in force in the State, the provisions of this Act shall prevail.

Preparation of

draft

consolidation

scheme and

inviting

objections.

Notification of

final

consolidation

scheme.

Preparation of

record of rights.

Power of State

Government to

call for record.

Persons acting

under the Act to

be public servants.

Protection of

action taken in

good faith.

Bar of jurisdiction

of civil courts.

Provisions of this

Act to have

overriding effect.

THE HARYANA CONSOLIDATION OF PROJECT

LAND SPECIAL PROVISION ACT, 2017

2017 : Hr. Act 28]

Right to take

possession.



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17. (1) The State Government may, by notification and after previous

publication, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the following matters,

namely:-

(a) the powers, functions and duties of the competent authority

under sub-section (2) of section 4;

(b) the manner of publication of notification and details of land

under section 5;

(c) the manner of giving notice under section 6;

(d) the manner of exercising option under section 7;

(e) the manner of publication of draft scheme under sub-section

(1) of section 8;

(f) the manner of notification under section 9;

(g) the procedure of taking possession under section 10;

(h) any other matter which is to be or may be prescribed.

Power to make

rules.

THE HARYANA CONSOLIDATION OF PROJECT

LAND SPECIAL PROVISION ACT, 2017

[2017 : Hr. Act 28