Section 8 in Haryana Management of Municipal Properties and State Properties Rules, 2007
8. Sale of site/building by allotment.
(1)A municipality may allot a site with the prior approval of the State Government to the owner of the adjoining plot/house holder at market rates, on an application made in this behalf, if, -(a)the size of the plot is less than 100 yards;(b)it cannot be sold by auction as a separate and independent unit;(c)it is not reserved for any public purpose and is not being used for common purposes;(d)it is not a part of any scheme;(e)it cannot be utilized for the benefit of the people or in the interest of the municipality; and(f)it is not part of street/road and its disposal shall not hinder the smooth movement of the traffic/people.(2)A municipality may sell a site/building by allotment with the prior approval of the State Government to the occupier of the site/building, on an application made in this behalf, if -(a)he is occupying it for more than 20 years;(b)it was allotted either on rent, lease or tehbazari initially;(c)the municipality is earning only nominal revenue from it;(d)it is difficult to take back the possession or to increase the rent/lease money :Provided that if the present occupier is other than the original allottee, he shall have to pay 25% of the sale price as additional amount;(e)it is not a part of street/road and its disposal shall not hinder the smooth movement of the traffic/people.(3)A municipality may sell a site/building to a Government Department or a Board or a Corporation wholly owned by the Government with the prior approval of the State Government on an application made in this behalf in the interest of the municipality.(4)Any application under sub-rules (1) to (3) shall be forwarded to the State Government through the Deputy Commissioner and it shall be accompanied by a resolution of the municipality, plan of the site/building with a statement in Form C.(5)The Deputy Commissioner may recommend the application to the State Government through the Director in Form D along with the resolution and documents submitted by the municipality, if he deems fit, or refuse to recommend it and may return it with such observations as he deems fit.(6)The State Government may accord its sanction, on receipt of the proposal through the Director may or refuse to sanction it.(7)When the State Government has accorded its sanction to a sale by allotment, the municipality shall take further action as per provisions of these rules.(8)Shops, which were constructed and leased by the municipality more than thirty years back may be sold to the lessee at the market rate with the approval of the Deputy Commissioner concerned.(9)For the sale of leased land with permanent structure may be sold at market rates to the owner of the building/premises, if -(a)he is occupying it for more than 20 years;(b)it was allotted either on rent, lease or tehbazari initially;(c)the municipality is earning only nominal revenue from it;(d)it is difficult to take back the possession or to increase the rent/lease money :Provided that if the present occupier is other than the original allottee he shall have to pay 25% of the sale price as additional amount;(e)it is not part of street/road and its disposal shall not obstructing the smooth movement of the traffic/people; and(f)prior approval of Deputy Commissioner is required before the sale of land.
