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Alternative Plot

FUNCTIONS OF ALTERNATIVE BRANCH

This branch processes the applications received for allotment of alternative plots from the persons whose land have been acquired by the Government for Planned Development of Delhi under the scheme of large scale acquisition development and disposal of land formulated by Govt. of India in the year 1961 which came into effect with effect from 2nd May, 1961. The details of the scheme and procedure for allotment of alternative plot are as under:


OBJECTIVE OF THE SCHEME


The scheme of providing developed residential plots to farmers whose lands are acquired for planned development of Delhi is a rehabilitation measure.

SCHEME

This Department is implementing Scheme of allotment of alternative plots in lieu of acquired land under "Large Scale Acquisition Development & Disposal of Land in Delhi" announced by Govt. of India, Ministry of Home Affairs vide their letter No.37/16/60-Delhi(i) darted 2nd May, 1961.

This scheme is in force with effect from 2.5.61. The department has been inviting applications for grant of alternative plots through press advertisements from time to time, The plots are allotted by the D.D.A on the recommendation of this department as per policy laid down in this regard by Govt. of Delhi.

WHO IS ELIGIBLE?

I WHERE THE ACQUIRED LAND IS ANCESTRAL

  1. The persons who are RECORDED OWNER prior to issue of notification u/s 4 of Land Acquisition Act.
     
  2. The persons whose lands have been acquired must have received the compensation as rightful owners from the LAC/Court and the Govt has taken the possession of acquired land.
     
  3. The applicants should not own a house /residential plot/flat out of village abadi in his /her dependent relation's name including unmarried children, nor he should be a member of any Co-operative Housing Society.
     
  4. For awards announced prior to 3.4.86, the land acquired is not less than 150 sq.yds. and for awards announced post 3.4.86, the land must not be less than one bigha

II CASES WHERE LAND PURCHASED THROUGH SALE DEED

The following conditions are also to be fulfilled in addition to above:-

  1. For awards announced before 3.4.86, land should have been purchased prior to issue of notification u/s 4 of land Acquisition Act and mutation must have carried out in their names.
     
  2. For awards announced post 3.4.1986 land must have been purchased 5 years earlier from the date of notification u/s 4 of Land Acquisition Act and mutation has been carried out in the name of the purchaser.
     
  3. That where the land was purchased by an auction purchaser from the Ministry of Rehabilitation and the applicant had entered into a written agreement with the auction purchaser to buy the same, after the sale certificate was issued by the Ministry of Rehabilitation, his case would be processed for allotment on the basis of agreement and the compensation awarded by the L.A.C.

III OTHER CASES

When the recorded owner of the land acquired dies before notification u/s 4 of L.A. Act, allotment is to be made separately to all the legal heirs of the deceased, according to their shares recognised by the LAC, but if he dies after the notification u/s 4 of LA Act, all legal heirs are entitled to one plot of the size to which the deceased would have been entitled.

  1. Where the land of an individual is situated in a colony to be regularised by the MCD and if his plot falls in the area reserve for community facilities or for non-residential purpose pending the acquisition of his plot; alternative plot can be allotted to him if he produces a certificate from the MCD confirming that in the revised lay out of the colony, his plot is earmarked for a non-resident purpose and that if he gives an undertaking in writing that he would not agitate the acquisition of his old plot and claims no additional plot in lieu thereof.
     
  2. Where, as a result of clubbing of the shares of nearest blood relations, the area of the acquired land comes to 150 sq. yds. or more, allotment of one plot can be made in their joint names.
     
  3. Where a property is owned by a firm not being a registered company, the allotment of land would be made to individual partners in accordance with their share defined in the partnership deed subject to their fulfilling the prescribed condition.
     
  4. Where an individual entered into contract for purchase of plots from certain insurance companies (which were subsequently taken over from the (LIC), the affected person would be considered for allotment of alternative plot if:-
Their deeds were registered before the crucial date i.e. u/s 4 Notification.

They had made full payment of the purchase price to the erstwhile company/LIC.
 
They had made part payment, they would be considered for allotment, provided LIC certify that the balance was tendered was
refused by the LIC due to acquisition of land.
 
Where in a Hindu joint family, a large area has been purchased before the crucial date by a person for his own accommodation and that of his children, the title over the said land for the purpose of allotment of alternative land will be considered even on the basis of decrees obtained by his children from the Civil Court.

IV ALLOTMENT UNDER 20 POINT PROGRAMME

In case of allottees of agricultural land under 20 Point Programme, it was decided that if their land had been acquired and the compensation paid by the Land Acquisition Collector, they should be considered for alternative plots even if the Bhumidari rights were conferred after the issue of notification u/s 4 of Land Acquisition Act, but before announcement of awards.

In case of those who have been allotted agricultural land under 20 Point Programme and who also own other ancestral land, the eligibility for alternative plot should be considered by clubbing both ancestral land and the land allotted to him under 20 Point Programme.

V ALLOTMENT OF ALTERNATIVE PLOT BEING ASAMI IN LIEU OF ACQUIRED LAND

Persons who were tenants under various Acts in force at the time of promulgation of the Delhi Land Reforms Act, 1954, became owner occupiers on a deemed date specified in the Act i.e. 20.7.1954. These owner-occupiers enjoy the right to an alternative plot and they alone would be the claimants to any compensation payable on account of acquisition of property held by them.

THEREFORE, IN VIEW OF THE AFORESAID ELIGIBILITY CONDITIONS, THE FOLLOWING CATEGORY OF PERSONS ARE NOT COVERED UNDER THE SCHEME:

  1. The persons whose land acquired is less than 150 sq. yds. against the award announced pre 3.4.86 and less than one bigha in respect of awards after 3.4.86.
     
  2. The land has been acquired for non-plan purposes against the acquisition notification issued u/s 4 of Land Acquisition Act prior to 14.7.87.
     
  3. The persons who or their spouse/dependent children own plot/house/flat etc. that are out of the village abadi.
     
  4. The applicant whose built up area in the acquired land is more than 20% and the possession of built up area has not been taken over by the government agency are not eligible for allotment of alternative plot.
     
  5. The applicants who purchased the land by sale deed after the issue of notification u/s 4 of L.A. Act.
     
  6. Persons who purchased the land under acquisition at any time in contravention of the provisions of the Delhi Land Reforms Act, 1954 or the Delhi Land (Restriction on transfer) Act, 1972 or of any other law in force or who cannot adduce documentary evidence of the bonafide lawful acquisition of such land, will not be considered for allotment of an alternative plot.



PRESENT NORMS FOR RECOMMENDATION OF THE SIZE OF PLOTS ARE AS UNDER:

FOR AWARDS ANNOUNCED BEFORE 3.4.1986

 

1.

Less than 150 sq.yards

No plot

2.

Above 150 sq.yards to one bigha

40 sq. yards

3.

Above one bigha to ten bigha

250 sq. yards

4.

Above ten bigha

400 sq. yards

 

FOR AWARDS ANNOUNCED ON OR AFTER 3.4.1986

 

1.

Less than one bigha

No plot

2.

One bigha

40 sq. yards

3.

Above One bigha to five bigha

80 sq. yards

4.

Above five bigha to ten bigha

150 sq. yards

5.

Above ten bigha

250 sq. yards

 

PROCEDURE FOLLOWED BY THE DEPARTMENT

The applicants whose land has been acquired are required to make an application in prescribed application form alongwith an affidavit. A specimen of application form and the format of affidavit are kept at Annexure-A1 & A2. On receipt of the application the contents of the application forms are verified from the concerned LAC. The details from the application are recorded and transmitted to the LAC concerned. A specimen of the forwarding letter is kept at Annexure-A3. The details furnished by the applicant are also verified through the revenue staff of Land & Building department. The documents required to be filed by the owner alongwith application form are as given under (in case applicant being recorded owner at the time of notification u/s. 4 of the LA Act).

Revenue record, LR-4, LR-5, Jamabandi, Khatoni, Mutation, which is applicable.

Payment certificate issued by LAC/SDM

Affidavit that the applicant/dependent etc. does not own any property in urban area in Delhi, New Delhi/Cantt. Area in the prescribed format referred to in condition (3) of eligibility condition.

Two passport size photo, three specimen signature, copy of Election I. Card/Ration Card duly attested by gazetted officer.

Order of ADJ for compensation/probate etc., sale deed/mutation, if applicable.

In case the applicant is not the recorded owner at the time of notification u/s 4 of Land Acquisition Act 1894, and is one of the legal heirs of the deceased recorded owner then the documents to be sent alongwith application form are as given under:

Revenue record, LR-4, LR-5, Jamabandi, Khatoni, Mutation, which is applicable.

Payment certificate issued by LAC/SDM

Affidavit that the applicant/dependent etc. does not own any property in urban area in Delhi, New Delhi/Cantt. Area in the prescribed format referred to in condition (3) of eligibility condition.

Two passport size photo, three specimen signature, copy of Election I. Card/Ration Card duly attested by gazetted officer.

Order of ADJ for compensation/probate etc., sale deed/mutation, if applicable.

Death certificate of the recorded owner

Certificate of legal heirs from civil courts/SDM/Land Acquisition Collector concerned


Relinquishment deed to be filed by the legal heirs of the deceased record owner duly registered by Sub-Registrar.

After verification of the contents of the application form received from the LAC and the revenue staff of the Land & Building the case of the applicant is put up for consideration by a committee constituted for this purpose. Based on the recommendation of the committee case is forwarded to DDA for allotment of alternative plot as per size given in para 4.

In case the acquired land is purchased through sale deed the following documents in addition to the ones mentioned above are also to be attached with the application form:

Sale Deed in original duly registered with the office of the Sub-Registrar.


Proof of mutation carried out in the name of the purchaser in the revenue record viz. LR-4, Jamabandi, Khatoni etc.

DOWNLOAD APPLICATION FORM FOR ALTERRNATIVE PLOT

Guidelines for allotment of alternative Plot

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Last Updated : 23 Mar,2014