Delhi Land Holdings (Ceiling) Act, 1960- Sections 4 to 10

4. Submission of returns.

4. Submission of returns.—Every person representing a family [i][who on the appointed day or at any time thereafter held or holds,] land in excess of the ceiling limit shall submit to the competent authority, in such form and within such time as may be prescribed, a return giving the particulars of all land held by him and indicating therein the parcels of land, not exceeding the ceiling limit, which he desires to retain:

Provided that in the case of a joint holding, all co-sharers may submit the return jointly indicating the parcels of land, not exceeding the aggregate of their individual ceiling limits, which they desire to retain.

Explanation.—In the case of a person under disability, the return shall be furnished by his guardian or authorised agent, as the case may be.

5. Collection of information through other agency.

5. Collection of information through other agency.—If any person, who under Section 4 is required to submit a return, fails to do so in accordance with the provisions of that section, the competent authority shall collect the necessary information through such agency as may be prescribed.

6. Procedure for determination of excess land.

6. Procedure for determination of excess land.—(1) On receipt of any return under Section 4 or information under Section 5 or otherwise, the competent authority shall, after giving the persons affected an opportunity of being heard, hold an inquiry in such manner as may be prescribed, and having regard to the provisions of Section 7 and Section 8 or of any rules that may be made in this behalf, it shall determine—

(a) the total area of land held by each person representing the family;

(b) the specific parcels of land which he may retain;

(c) the land held by him in excess of the ceiling limit;

(d) whether such excess land is held by him as a Bhumidhar or as an Asami;

(e) the excess land in respect of which Bhumidhari rights may be acquired by an Asami;

(f) the excess land which may be restored to a Bhumidhar;

(g) the excess land which shall vest in the Government; and

(h) such other matters as may be prescribed.

[ii][(2) For the purpose of determining the excess land under this section any land transferred by sale, gift or otherwise (other than a bona fide sale under a registered deed for valuable consideration) at any time during the period between the appointed day and the commencement of the Delhi Land Holdings (Ceiling) Amendment Act, 1976, shall, notwithstanding such transfer, be deemed to be held by the transferor and the burden of proving the transfer by sale as bona fide shall be on the transferor.]

(3) The competent authority shall prepare a list in the prescribed form containing the particulars determined by him under sub-section (1) and shall cause every such list to be published in the Official Gazette and also in such other manner as may be prescribed.

7. Selection of excess land in cases of certain transfers.

[iii][7. Selection of excess land in cases of certain transfers.—(1) Where any person transfers any land by sale, gift or otherwise (other than a bona fide sale under a registered deed for valuable consideration) at any time during the period referred to in sub-section (2) of Section 6, the excess land in relation to such person shall be selected from out of the land held by him after such transfer and in case the entire excess land cannot be so selected, the balance, or, where no land is held by him after the transfer, the entire excess land, shall be selected out of the land held by the transferee:

Provided that where such person has transferred his land to more than one person, the balance or the entire excess land, as the case may be, shall be selected out of the land held by each of the transferees in the same proportion as the area of the land transferred to him bears to the total area of the land transferred to all the transferees.

(2) Where any excess land is selected out of the land transferred, the transfer of such land shall be void.]

7-A. Abatement of certain suits.

[iv][7-A. Abatement of certain suits.—Notwithstanding anything contained in any other law, every suit for the specific performance of a contract for the transfer of land, instituted after the appointed day and before the commencement of the Delhi Land Holdings (Ceiling) Amendment Act, 1976 shall abate and no suit for the specific performance of any such contract entered into before such commencement shall be maintainable.]

8. Excess land to vest in Government.

8. Excess land to vest in Government.—(1) Where any excess of a Bhumidhar is in his actual possession, the excess land shall vest in the Government.

(2) Where any excess land of a Bhumidhar is in the possession of a person holding the same as an Asami and the excess land together with any other land held by such person exceeds his ceiling limit, the land in excess of the ceiling limit shall vest in the Government.

(3) Where any excess land of a Bhumidhar is in the possession of a person holding the same as an Asami and such person is allowed to retain the excess land or a part thereof as being within his ceiling limit, that person shall acquire Bhumidhari rights in respect of such excess land or part thereof on payment of compensation as hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof shall vest in the Government.

(4) Where there is any excess land of an Asami, the excess land shall vest in the Government:

Provided that in any case where the excess land or any part thereof held by a Bhumidhar together with any other land held by such person does not exceed the ceiling limit, the excess land or such part thereof as does not exceed the ceiling limit shall be restored to the Bhumidhar on an application made by him in this behalf to the competent authority within such time as may be prescribed.

9. Publication of the final list and consequences thereof.

9. Publication of the final list and consequences thereof.—(1) Any person aggrieved by an entry in the list published under sub-section (3) of Section 6 may, within thirty days from the date of publication thereof in the Official Gazette, file objections thereto before the Deputy Commissioner:

Provided that the Deputy Commissioner may entertain the objection after the expiry of the said period of thirty days, if he is satisfied that the objector was prevented by sufficient cause from filing the objection in time.

(2) The Deputy Commissioner or any other officer authorised in this behalf by the Chief Commissioner may, after considering the objections and after giving the objector or his representatives an opportunity of being heard in the matter, approve or modify the list.

(3) The list as approved or modified under sub-section (2) shall then be published in the Official Gazette and also in such other manner as may be prescribed and, subject to the provisions of this Act, the list shall be final.

(4) With effect from the date of the publication of the list in the Official Gazette under sub-section (3), the excess land shall stand transferred to, and vest in, the Government free of all encumbrances or, as the case may be, the excess land shall stand restored to the Bhumidhar or the Bhumidhari rights in respect of the excess land shall stand transferred to the Asami free of all encumbrances.

10. Compensation.

10. Compensation.—[v][(1) Where any excess land of a Bhumidhar vests in the Government, there shall be paid by the Government to the Bhumidhar an amount calculated at the rates specified in the Table below, namely:—

THE TABLE

Provided that where such excess land or any part thereof is in the possession of an Asami, the amount payable in respect of the land shall be apportioned between the Bhumidhar and the Asami in such proportion as may be determined by the competent authority in the prescribed manner, having regard to their respective shares in the net income from such land to be determined by the competent authority in the prescribed manner.

(2) In addition to the amount payable in respect of any excess land under sub-section (1), there shall also be paid an amount in respect of any structure or building, including wells, tube-wells and embankments constructed on such excess land and such amount shall be fifty per cent. of the market value of such structure or building and shall be paid to the person who has construed the structure or building.]

(3) Where any excess land in respect of which [vi][an amount] is payable is subject to any mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess land, or where a transfer in respect of excess land is void by virtue of [vii][sub-section (2) of Section 7], the consideration money paid by the transferee in respect of such excess land, shall be a charge on the [viii][amount] payable in respect of the excess land to the person who has created the mortgage or encumbrance or, as the case may be, to the transferor.

(4) Where an Asami acquires Bhumidhari rights in respect of any excess land, [ix][the amount] payable by him in respect of that land shall be equal to the amount which the Bhumidhar would have been paid [x][* * *] under the proviso to sub-section (1) or sub-section (2), if the land had vested in the Government; and the amount shall, in the first instance, be paid to the Bhumidhar by the Government and shall be recovered from the Asami in such manner as may be prescribed.

(5) Where any excess land of a religious or charitable institution vests in the Government, such institution shall, in lieu of [xi][the amount] payable under sub-section (1) or sub-section (2) be paid an annuity equal to the net annual income of the excess land and such net annual income shall be determined by the competent authority in the prescribed manner.

(6) The competent authority shall, after holding an inquiry in the prescribed manner, make an order determining the amount [xii][* * *] payable to any person under this section.

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