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State of Odisha - Section

Section 24 in The Orissa Betterment Charges Rules, 1958

24. Application for relinquishment of land-How to be filed and how to be enquired into and disposed of.

(a)The application for relinquishment of the whole or any part of the land or delivering it in exchange in favour of the State Government shall contain the following particulars :(a)the village in which the land is situate(b)plot number and extent of the land and the rent assessed on the land;(c)the price of land as calculated by the applicant;(d)the amount of betterment charges leviable in respect of the land; and(e)if the owner wishes to relinquish or deliver in exchange a part of the land, the area of such part and the price of such part as calculated by the applicant.(b)All such applications received by the Revenue officer shall he transmitted to the Collector soon after the expiry of the period of exercising option as to the mode of payment. The Collector or an officer authorised in this behalf shall enter upon and inspect the lands and make an enquiry into each application on the following points :
(1)he shall ascertain from the Collector of the district whether the relinquishment of the land or its delivery in exchange is acceptable under the tenancy or the revenue laws in force;
(2)whether the land is of inconvenient size or shape or is situated in an inconvenient location;
(3)whether the land is in a compact block or not;
(4)whether the area of land remaining with the applicant on relinquishment of the land in question is not less than the minimum area of land below which it is considered unprofitable to cultivate the land as a separate unit as may be declared under the provisions of Section 39 of the Orissa Agriculture Act, 1951 (Act XVI of 1951) ;
(5)the market value of the land proposed for relinquishment or delivery in exchange;
(6)whether the title of the applicant to the land is free from doubt; and
(7)whether the land is burdened with encumbrances.
(c)To satisfy himself that the applicant has good title to the land and that the land is free from encumbrances the Collector or the officer authorised in this behalf shall notify the proposed relinquishment in the locality where the land is situate and invite objections in the usual manner within a period not less than ten days from the date of publication of the notice. If no objection is received, the Collector or the officer authorised in this behalf shall satisfy himself by enquiry that the land is free from encumbrances and the title to the land is free from doubt.