Section 27A in The Himachal Pradesh Nautor Land Rules, 1968
27A.
Except as otherwise provided in these Rules applications received upto 31 12.1983 for grant of land under illicit possession of the applicant prior to December, 1952, shall be disposed off as under:-(i)Those who prove an interrupted possession of 30 years or more may be given ownership on payment of all arrears of land revenue and cesses, a nazarana equal to 10 times the land revenue and cesses and a penalty of Rs. 5/- per bigha for agricultural land and Rs.10/- per bigha for building site;(ii)Those who are in possession of land for the period of 10 years or more but less than 30 years may be given ownership on a payment of all arrears of land revenue and cesses, a nazarana equal to 15 times the land revenue and cesses and a penalty of Rs.5/- per bigha for Agricultural Land and Rs.10/- per bigha for building site;(iii)Those who are in possession for the period of 5 years or more but less than 10 years may be given ownership on payment of all arrears of land revenue and cesses, a nazarana equal to 20 times the land revenue and cesses and a penalty of Rs. 5/- per bigha for agricultural land and Rs 10/- per bigha for building site;(iv)Whose period of possession is less than 5 years may be given ownership of land on payment of all arrears of land revenue and cesses, nazarana equal to 25 limits the land revenue and cesses, and a penalty or Rs. 5/- per bigha for agricultural land and Rs. 10/- per bigha for building site in the following cases only: -(a)That he owns no other land, or(b)That he owns land less than 20 bighas.(v)If a landless person has encroached upon Government land for construction of a house and land appartement thereto, such land shall be granted to such a person to the extent of 100 Sq Yds without payment of Nazarana.(vi)If a landless person or person holding land less than 5 bighas has encroached upon Government land such a land shall be granted to the landless person upto 5 bighas and to the person holding land less than 5 bighas to the extent his existing holdings falls short of five bighas, so as to make his holdings 5 bighas on payment of nazarana at the rate prescribed in this Rule. For this purpose, cases of encroachments as on 27th September, 1973, will only be taken into consideration, and whose application tor regularisation of such cases have been received upto 31st July, 1974.Explanations - (1) For the purposes of clauses (i), (ii), (iii) no limit or grant is fixed.(2)In the case falling under category (a) of clause (iv) the grant shall not exceed 20 bighas and in the case falling under category (b) of clause (iv) the grant shall be made only to the extent to which the holding of the encroacher falls short of 20 bighas.(3)Notwithstanding anything contained in sub-clause (b)of clause (iv)and explanation (2) above, the sanctioning authority may consider most deserving cases and grant land more than the prescribed limit according to the merits of the case under clause (iv) after receiving reasons for doing so.(4)If trees be standing on the land concerned the value thereof shall be chargeable at market rate in addition to the nazarana of land.(5)Applications shall be stamped with a court fee stamp of Rs. 2.50 and shall be accompanied by Fard and Tatima of the land. The Investigating Officer need not necessarily follow the normal procedure prescribed for disposal of applications for nautor for deciding applications under this rule. He shall, however, make enquiries to ascertain length of possession.(6)Where proprietorship is not sanctioned, the tresspasser shall be ejected, but all arrears and cesses shall be recovered from him.(7)The sanctioning authority will be Settlement Officer in the areas under settlement and the Deputy Commissioner elsewhere; and(8)The land revenue of such building sites as are not already assessed to land revenue shall be determined at the rate of assessment of the adjoining land.
