Section 4 in Rajasthan Disposal of Surplus Evacuee Property Rules, 1975
4. Criteria for disposal of properties.
- The disposal of the above properties shall be made in accordance with the following criteria:-(i)Local Muslims, who had left their property as a result of partition and have subsequently returned and are in possession of their original property under section 7 of the Administration of Evacuee Property Act, 1950 may be restored their original property after verification of their ownership and possession on the basis of the records transferred by the Custodian Department and after such enquiry as may be deemed necessary by the State Government.(ii)All properties in occupation of persons, locals and displaced on 1.9.1969 may be transferred to them after realising due rent and reserve price in such manner as the competent authority may decide.(iii)Properties in occupation of persons other than those mentioned in sub-para (i) above shall be disposed of by public auction in the manner hereinafter laid down:Provided that where such property is in possession of a third person and if such third person is prepared to purchase the said property at the highest bid offered at the time of auction and he deposits the sum equal to 25% of the highest bid at the time of auction with the officer conducting the auction sale, the Settlement Commissioner shall allow the sale of such property to the person in possession of the property at his discretion and such purchaser shall be bound by all the terms and conditions of these Rules. In such cases the occupant shall have to give in writing an application to the officer conducting (he auction sale expressing his willingness to purchase the property at the highest bid and he shall also submit alongwith the application necessary documentary and other proof in support of his present occupation of the property to the satisfaction of the Settlement Commissioner.
