Section 8 in The Orissa Government Land Settlement Rules, 1983
8. Settlement of house-sites in urban areas.
(1)In respect of each plot of land reserved for house-sites which falls under the categories mentioned in Clauses (ii) and (iii) of Sub-rule (1) of Rule 3 the Collector shall, with the approval of the Revenue Divisional Commissioner, fix a minimum premium; equal or approximate to the market value of the land prevailing in the urban area for similar lands in the vicinity, for payment by persons for whom such reservation is meant. The premium so fixed shall be received every three years and revised with the approval of the Revenue Divisional Commissioner. For areas where the prices of house-sites rapidly fluctuate, the Collector may get the rate revised at shorter intervals.(2)Applications for house-sites shall be taken up for consideration once in every half year. All pending applications shall be duly considered by the Collector and leases of plots granted strictly in conformity with the division of plots approved under Sub-rule (1) of Rule 3 in consultation with the Committee consisting of two members of the concerned local bodies to be nominated by the Revenue Divisional Commissioner for the purpose :Provided that such consultation may be dispensed with during the period when Government take over the affairs of the concerned Local Body or Bodies.(3)Lands falling in the category mentioned in Clause (i) of Sub-rule (3) of Rule 3 shall be settled in the following order of priority, namely:(i)Poor persons (inhabitants) of the urban area whose presence if it is necessary in the general interest of the people but who are unable to acquire house-sites and have no adequate living accommodation of at least five per cent for each separated family.(ii)Poor persons belonging to the concerned district who do not have house in the urban area but whose presence in it is essentially necessary for the general interest of the public or for their business, trade or profession or any other legitimate reasons directly connected with their livelihood.(iii)Any poor inhabitant of the State other than one belonging to a district in which the urban areas occur who do not have a house-site or whose presence in the urban area is necessary in connection with their trade, business or other avocation and in the general interest of the public.(4)Lands falling under the category mentioned in Clause (ii) of Sub-rule (3) of Rule 3 shall be settled in the following order of priority, namely:(i)inhabitants of the urban area who do not have a house in any urban area and in the urban area in question or who do not have adequate living accommodation of at least five per cent for each separated family;(ii)inhabitants of the district in which the urban area is situated who do not have a house in any urban area and whose residence in the urban area is necessary for the purpose of business, trade or profession or any other justiciable reasons;(iii)inhabitants of other districts of the State whose continued presence in the urban area is necessary for the sake of their trade, business, avocation or any other reasons justifying allotment;(iv)others whose presence in the urban area is necessary for any justiciable reasons.Notes - Each application for house-sites for middle and poor class people shall accompany an affidavit duly sworn in before a Magistrate in the form as prescribed in Schedule I.(5)Lands failing under Clause (iv) of Sub-rule (3) of Rule 3 shall be leased out to the highest bidder by public auction in the following manner, namely :(a)before public auction is held the Collector shall cause publication of a notice, giving fifteen clear days' time from the date of such publication and before the date of auction, fixing the date, hour and place of auction in two daily newspapers of the State and in such other manner as he considers necessary for wide publicity;(b)the auction shall be held by the Collectors;(c)the highest bid for premium shall, in no case, be less than the minimum premium fixed under Sub-rule (1) after taking into account the cost of development, if any, and other incidental expenses;(d)notwithstanding anything contained in this sub-rule if -(i)the Collector, for sufficient reasons, considers that the land may not be settled with the highest bidder he shall after recording his reasons, therefor, order settlement of the land with any other bidder who participated in the auction or put the land to fresh auction after recording the reason in that behalf in the case record;(ii)the application is for a small plot adjoining an existing holding of the applicant and the plot is very much necessary for the beneficial enjoyment of the existing holding or residence of the applicant, the Collector may dispense with the settlement by public auction or the site or part thereof and make settlement with the applicant on payment of a premium fixed under Sub-rule (1);(iii)earnest money not less than 5% of the minimum premium fixed under Sub-rule (1) shall be deposited by the persons desirous of participating in the auction before the auctions are started. The amounts deposited as such by the person winning the bid or any other bidder in whose favour the land is decided to be settled as provided in Clauses (c) and (d) are to be adjusted towards the premium payable by them. The earnest money, deposited by other bidders, in whose favour the land is not decided to be settled as provided in Clauses (c) and (d) shall be refunded to them at the end of the bid. The bidders in whose favour the land is decided to be settled as provided in Clauses (c) and (d) shall make payment of the balance amount within fifteen days from the date of auction (both days inclusive) to the Collector, failing which the bid will automatically lapse and the earnest money deposited by them shall, after deducting reasonable damages determined by Collector, be refunded.(6)Where the reservation of plots cannot be finalised within a reasonable time, the Collector may, after preparing a tentative plan with the approval of the Revenue Divisional Commissioner, lease house-sites according to the above provisions and shall incorporate the same while finalising the reservation.(7)The auction shall be held by the Collector or any officer authorised by him not below the rank of a Deputy Collector on the date fixed in the notice. The auction may be adjourned from time to time for good reasons to any subsequent date with due public notice.
