Section 20 in Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970
20. [ Allotment of land to trespassers. [Amended by G.S.R. 310, Dated 22-1-72; published in R.G.G. Dated, p. 626.]
- [(1) Notwithstanding anything contained in these rules, subject to the specific or general direction of the State Government, the Sub-Divisional Officer may on the advice of the Advisory Committee, instead of ejecting a trespasser from any land occupied by him without any lawful authority, allow him to retain such land if he is a landless agriculturist and the total area of land held by such person including the land so allotted does not exceed [4 hectares] and that the land so allotted does not fall within the categories specified in rule 4 of these rules.Provided that in eight desert District i.e. Barmer, Jodhpur, Churu, Pali, Jaisalmer, Nagaur, Bikaner and Jalore, where the area of trespassed land exceeds 15 bighas instead of ejecting a trespasser from such excess land, he may be allowed to retain such excess land upto maximum area of [2.5 hectares] [Substituted '10 bighas' by Notification No. G.S.R. 54, dated 6.9.2007 (w.e.f.24.7.1970).] subject to the following conditions:(i)the total area of land held by such person including the land allotted does not exceed [6 hectares] [Substituted '25 bighas' by Notification No. G.S.R. 54, dated 6.9.2007 (w.e.f.24.7.1970).].(ii)for the area exceeding 15 bighas, 50% of prevailing market price of neighbouring agriculture land shall be charged from the trespasser belonging to General Category and 25% of the prevailing market price of neighbouring agriculture land shall be charged from the trespasser belonging to Scheduled Caste/Scheduled Tribe/Backward Classes/Below Poverty Line Category.](1A)[ Notwithstanding anything contained in these rules, the cultivation who were conferred khatedari rights during the process of "Bhoo Abhilekh Sansodhan" in Ajmer district in the period of 1970 to 1972 and subsequently whose Khatedari were cancelled and land was recorded as Sivai Chak in revenue record, the Sub-divisional officer on the advice of the advisory committee may regularise such land in favour of such cultivators upto 15 bighas. But in case where the land exceed 15 bighas, the excess land may be regualrised in favour of their adult on 01.1.2000 and such land shall be entered in their Joint tenancy. Provided that total area of land already held by such tenant and land so regularised shall not exceed ceiling area applicable to them under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973.] [Inserted by Notification No. G.S.R. 76, dated 28.9.2001 (w.e.f. 24.7.1970).](1AA)[ Notwithstanding anything contained in these rules, the contained in these the person who was in possession of land as temporary cultivation lease holder in colony area and in whose favour permanent allotment of part of such land was made before such area was excluded from colony area and he is still on continuous possession of such part of remaining land, such remaining part of land may be regularized in his favour up to the celling limit applicable under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973.] [Inserted by Notification No. G.S.R. 41, dated 31.5.2008 (w.e.f. 24.7.1970).](2)[Upon such allotment, the allottee] [Amended by G.S.R. 310, Dated 22-1-72; published in R.G.G. Dated, p. 626.] shall be bound by the conditions of allotment laid down in these rules and Khatedari right shall accrue to him as if his case was of allotment under these rules.[***] [Deleted 'Explanations 1' by Notification No. G.S.R. 54, dated 6.9.2007 (w.e.f.24.7.1970).](2)[One [bighas] [Amended by G.S.R. 310, Dated 22-1-72; published in R.G.G. Dated, p. 626.] of irrigated land for the purpose of this rule shall be taken equal to 2 bighas of unirrigated land:][Provided that the Collector shall have the power to cancel any regularisation made by the S.D.O. or Tehsildar either suo-moto or on the application of any person in case where regularisation has been secured through fraud or mis-representation or has been made against rules.] [Added by No. F. 6(63) Revenue/B/71. Dated 19-7-72; published in Rajasthan Gazette Part IV(C), Dated 27-7-72. p. 253.](3)[ Notwithstanding anything contained in these rules, the co-operative society to whom land was alloted and the said society provided that land to its member for cultivation and the said land has been resumed under the Rajasthan (Allotment of Land to Co-operative Societies) Rules, 1959. If the said member of his successor is landless and continuously in possession and cultivating the said land personally, the allotting authority may on advice of the Advisory Committee instead of ejecting him, allot the whole or part of such land subject to limit provided in Rule 12 on payment of five percent of the market value of the land determined by District Level Committee. In case of persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and B.P.L. families no price shall be charged:Provided that if such land was not within the urbanisable limit or peripheral belt of the urban area as mentioned in Sec. 90-B of the Act at the time of allotment and subsequently included in urbanisable limit or peripheral belt of urban area of Jaipur Development Authority, Urban Improvement Trust or Municipal Corporation or Municipal Council, Khatedari right shall be conferred only with the prior approval of the State Government and on payment of 20% of market value of land as determined for the area by the District Level Committee and in case of land subsequently included in the urbanisable limit or peripheral belt of Municipal Board, Khatedari right shall be conferred only with the prior approval of Divisional Commissioner and on payment of 10% of market value of land determined for the area by the District Level Committee.] [Inserted by Notification No. G.S.R. 29, dated 21.6.2007 (w.e.f. 24.7.1970).]
