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 CONSOLIDA TION OF PROJECT
LAND SPECIAL PROVISIONS ACT, 2017
2017 : Hr. Act 28]
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697
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  Year No. Short title          Whether repealed or otherwise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 CONSOLIDA TION OF PROJECT
LAND SPECIAL PROVISIONS ACT, 2017
2017 : Hr. Act 28]
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 CONSOLIDA TION 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 CONSOLIDA TION 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 CONSOLIDA TION OF PROJECT
LAND SPECIAL PROVISION ACT, 2017
[2017 : Hr. Act 28

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