Section 70 in The Displaced Persons (Compensation and Rehabilitation) Rules, 1955
70. Allotment and sale of groves and gardens.
(1)The following classes of groves and gardens which are acquired evacuee properties may, unless the Central Government otherwise directs,. be sold:-(a)groves and gardens situated in urban areas or within a distance not exceeding five miles from the limits of any urban area;(b)grove and gardens valued at Rs. 1,000 or more; and(c)Groves and gardens of the value of less than Rs. 1,000 which are vacant or have been allotted to persons other than displaced persons.(2)Any other groves and gardens which are acquired evacuee properties may, unless the Central Government otherwise directs, be allotted.(3)Any grove or garden which has been allotted before the commencement of these rules to any displaced person may be transferred to such person provided he is willing to pay the value thereof as fixed by the Settlement Commissioner either in cash or by adjustment against the net compensation payable to him in respect of his verified claim for any immovable property.(4)The value of a grove or garden shall be determined by the Settlement Commissioner having regard to :-(a)the market price of the land including any house, well or other permanent structure existing on the land;(b)the average sale proceeds from the fruit; and(c)the timber value of the trees.(5)If a grove or garden is to be allotted to a displaced person having a verified claim in respect of agricultural land, the net area to which he is entitled shall be calculated in standard areas as provided in rules 50 and 51 and the cash value of the net area to which he is entitled shall be determined at the rate mentioned in rule 56.
