Section 5 in The Haryana Municipal Common Lands (Regulation) Rules, 1976
5. Conditions for saving existing possession.
- [Section 5]. - (1) Where, before the coming into force of the Act, a person has built a house or erected any other permanent structure on any land vested in the committee under the Act, the committee may allow such person to retain possession of such land by :-(a)selling it to him at the market value prevailing at the time of the sale to be determined by the Deputy Commissioner or the officer appointed by him for the purpose; provided that if the person concerned is unable to pay the entire amount immediately it shall be recoverable in such instalments to be spread over a period not exceeding five years as may be determined by the committee. Where the price is recovered in instalments interest at the rate of nine per cent per annum shall be charged; or(b)leasing out the site to him year to year at an annual rent to be determined by the Deputy Commissioner or the officer appointed by him for the purpose, at the rate prevailing at that time.(2)(a)Except in cases falling under sub-rule (1), any committee proposing to alienate permanently any land in shamlat deh shall apply to Government for sanction through the Deputy Commissioner. The application shall be accompanied by a plan of the land to be alienated together with a statement in form 'A'.(b)When the Government has accorded sanction to a sale by auction, the statement in form A shall in due course be re-submitted with details shown in form B regarding the auction and the Government shall thereon either confirm the sale or refuse to confirm it. If the Government refuses to confirm the sale, the same shall be void. The orders of the Government shall be final.(3)Notwithstanding anything contained in these rules the Government shall have the powers to modify, rescind or confirm any order passed or purporting to have been passed by any officer of the Government or the Committee under these rules if it considers the same to be inexpedient or not in the public interest or inconsistent with the provisions of the Act or the rules made thereunder.
