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[Cites 0, Cited by 0] [Section 8(5)] [Section 8] [Entire Act]

State of Odisha - Subsection

Section 8(5)(d) in The Orissa Government Land Settlement Rules, 1983

(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.