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

Haryana · state statute
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Regd. No. CHD/0093/2015–2017 
 
 
Haryana Government Gazette 
EXTRAORDINARY 
Published by Authority 
© Govt. of Haryana  
No. 201-2017/Ext.] CHANDIGARH, FRIDAY, NOVEMBER 17, 2017 (KARTIKA 25, 1939 SAKA ) 
LEGISLATIVE SUPPLEMENT 
 CONTENTS     PAGES 
PART-I ACTS 
 THE HARYANA CONSOLIDATION OF PROJECT LAND     449-451 
 (SPECIAL PROVISIONS) ACT, 2017  
 (HARYANA ACT NO. 28 OF 2017).  
PART-II ORDINANCES 
 NIL 
PART-III DELEGATED LEGISLATION 
 NIL 
PART-IV CORRECTION SLIPS, REPUBLICATIONS AND REPLACEMENTS 
 NIL 
 
 
 
 
 
 
  (lxxxi) 
HARYANA GOVT. GAZ. (EXTRA.), NOV. 17, 2017 (KRTK. 25, 1939 SAKA) 
 
449 
 
PART - I 
HARYANA GOVERNMENT 
LAW AND LEGISLATIVE DEPARTMENT 
Notification  
The 17th November, 2017 
No. Leg. 31/2017.— The following Act of the Legislature of the State of Haryana received 
the assent of the Governor of Haryana  on the 10th  November, 2017 an d is hereby published for 
general information:- 
HARYANA ACT NO. 28 OF 2017 
THE HARYANA CONSOLIDATION OF PROJECT LAND (SPECIAL PROVISIONS) 
ACT, 2017 
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 -seventh Year of the 
Republic of India as follows:- 
1. This Act may be called the Haryana Consolidation of Project Land (Special Provisions) Act, 
2017. 
Short title. 
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 t he 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; 
(f) “State” means the State of Haryana; 
(g) “State Government” means the Government of the State of Haryana. 
Definitions. 
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. 
Consolidation of 
project land. 
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 sub-
division, as the competent authority.  
 (2) The powers, functions and duties of the competent authority shall be such, as may 
be prescribed. 
Appointment of 
competent 
authority. 
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. 
Notification of 
project land. 
HARYANA GOVT. GAZ. (EXTRA.), NOV. 17, 2017 (KRTK. 25, 1939 SAKA) 
 
450 
 
Notice to private 
land owners. 
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.  
Compensation 
or land of equal 
value. 
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 b e 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. 
Preparation of 
draft 
consolidation 
scheme and 
inviting 
objections. 
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 consolidatio n 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 fro m the last date of receipt of such objections 
under due intimation of decision on such objections to the concerned person.  
Notification of 
final 
consolidation 
scheme. 
9. The competent authority shall, by notification, publish the final consolidation schem e 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 th e 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. 
Preparation of 
record of rights. 
11. The competent authority shall also cau se to prepare a new record of rights for giving effect to 
the final consolidation scheme. 
Power of State 
Government to 
call for record. 
12. The State Government may, either suo -motu or an application made by a person, at any time, 
for the purpose of satis fying 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. 
Persons acting 
under the Act to 
be public 
servants. 
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). 
Protection of 
action taken in 
good faith. 
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.  
Bar of 
jurisdictiaon of 
civil courts. 
15. No civil court shall have any jurisdiction to entertain or decide any question relating to matters 
falling under this Act. 
HARYANA GOVT. GAZ. (EXTRA.), NOV. 17, 2017 (KRTK. 25, 1939 SAKA) 
 
451 
 
 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.   
 
Provisions of this 
Act to have 
overriding effect. 
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 power s, 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. 
 
    
 
 
 
 KULDIP JAIN, 
 Secretary to Government Haryana,  
 Law and Legislative Department. 
   
 
 
 
 
 
 
 
 
 
 
55789—L.R. —H.G.P., Chd.  

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