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NCT Delhi - Section

Section 31A in The Delhi Land Reforms Rules, 1954

31A. [ Action on uncultivated land (Section 65-A). [Rule 31A, 31B & 31C added by Notification (F) 3 LRO/66, dated 8.7.1966.]

(1)The Patwari shall, before 30th April of each year after Rabi Partal submit a report to the Tehsildar in respect of every Bhumidhar or Asami who has not used any land included in the holding for two consecutive agricultural years immediately preceding for a purpose connected with agriculture, horticulture or animal husbandry (which includes pisciculture and poultry farming) unless the land lies within the belt area referred to in Section 23 or requisite sanction under that section has been obtained in respect thereof. The report shall contain the following particulars-
(i)the name, parentage and address of the Bhumidhar or the Asami;
(ii)the name of the village and circle;
(iii)the Khasra numbers and the area of the uncultivated plots.
The relevant extract from the Khasra Girdawari shall be attached. The Tehsildar after making enquiry about the reason for not using the land shall submit the report to the Deputy Commissioner through the Revenue Assistant.
(2)On receipt of the report of Tehsildar under sub-rule (1) above or on his own motion, the Deputy Commissioner shall issue notice in L.R. Form 49 to the Bhumidhar or the Asami as the case may be.If after hearing the parties and making such further enquiry as is considered necessary, the Deputy Commissioner is satisfied that the case falls under Clause (a) of Clause (b), of sub-section (3) of Section 65(A), shall discharge the notice forthwith and in a case falling under Clause (c) of the said section, postpone the proceedings to a date one year after the date of the service of the said notice.
(3)On the date fixed under sub-section (3) of Section 65(A) or any other date to which the proceeding may be adjourned, the Deputy Commissioner, if he is satisfied, that the land has been used for any of the aforesaid purposes during the said period of one year and the same has included within the belt area a permission under Section 23 has been obtained in respect thereof, discharge the notice and if he is not so satisfied and unless further time is allowed, he shall-
(a)if the land is that of the Bhumidhar, lease it on behalf of the Bhumidhar for a period of 5 years from 1st July, falling the date of leases, on the following terms and conditions-
(i)The annual rent will be four times the land revenue of the land in question;
(ii)The annual rent Will be paid in advance before 15th June every year;
(iii)The land shall only be used for cultivation purposes and in at lest, half of the land cereals shall be shown and the produce per acre should, on an average, be not less than 8 quintals per acre;
(iv)Improvements if any, shall be made by the leases at his own cost without claiming any compensation therefore;
(v)Breach of any condition will render the lease liable to termination.
(b)If the land is that of the Asami, the Deputy Commissioner shall proceed to take action under Clause (ii) or Clause (iii) of sub-section 4 as the case may be.
(c)In case the Bhumidhar or Asami appears in response to the notice under sub-section (1) but does not undertake to use the land as provided in Clause (c) of sub-section (3) or in Clause (ii) of sub-section (4) or if the Bhumidhar or the Asami does not appear in response to the notice and the Deputy Commissioner after perusal of the records and further enquiry as he considers necessary, is satisfied that the land has not been used for the aforesaid purpose during the period referred to in sub-section (1), he may take action under Clause (i) or (ii) or (iii) of sub-section (4) as the case may be and lease the land in the manner prescribed.