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State of Chattisgarh - Section

Section 14 in Chhattisgarh Vishesh Kshetra (Achal Sampatti ka Vyayan) Niyam, 2008

14.

(1)For the need of public or community uses such as Educational, Medical, Religious, Social or for Charitable trust constituted for Charitable purpose, or for Government or Semi-Government institutions, the land or the plot may be transferred on lease to reputed educational and medical institutions or charitable public trusts, or religious public trust on such premium as the State Government may generally or specially decide from time to time, by the Authority on the basis of application, under the following conditions in addition to any other conditions which the Authority may decide -
(i)The Authority shall have powers to prescribe eligibility criterion for allotment of land or plot for specific uses. The Authority shall also have powers to allot land or plot on direct application or by draw of lots among the eligible application.
(ii)The land or the plot which is to be allotted on lease, should conform to the land use prescribed in the Development Plan or Zonal plan.
(iii)For allotment of land for Temple, Church, Mosque, Gurudwara or any other religious purpose and grave yard or Kabristan, prior sanction of the Government shall be necessary.
(iv)Such land or plot allotted on lease to any institution will not be transferred to any other institution without prior sanction of the Authority.
(v)Such land or plot and structure on it, if not being used for the purpose for which it is transferred, may be resumed by the Authority, but before issuing such order reasonable opportunity to the lessee to be heard shall be provided.
(vi)If the property or part thereof is needed for the use of the Government or the Authority itself or for public purpose, the property may be resumed by the Authority but lessee shall be given reasonable opportunity of hearing, before passing such order.
(vii)If the property is resumed under the clause (4) and clause (5) of sub rule (1), the concerned shall be reimbursed not more than the amount paid to the Authority for the Land or Plot and the cost of building or any other structure authorisedly erected on the land by the lessee minus depreciation. If a question arises as to the adequacy of the amount of compensation to be paid under this condition, such question shall be referred to the Government whose decision shall be final.
(2)Every lease shall be subject to the condition that if the Land or the plot is not used within three years for the purpose for which it is allotted, the Authority shall have the power to cancel the lease and resume the possession of the land. If the land or plot is resumed under this condition the amount paid to the Authority, after deducting Twenty percent therefrom shall be refunded.
(3)If the Land or plot allotted on lease is at any time used for holding a circus, fair exhibition or any other performance or show to which public or a section of public are admitted on payment of fee or charges, the lessee shall pay to the Authority a sum equivalent to Twenty five percent of fees or charges collected by him.