Machilipatnam Development Land Pooling Scheme Implementation Rules 2016


In exercise of the powers conferred by sub-section (1) read with clause (e) of sub-subsection (2) of section 116 of The Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016,(AP Act No.5 of 2016), the Government of Andhra Pradesh hereby make the following rules, namely, Machilipatnam Ares Development Land Pooling Scheme RULES 2016”.

Machilipatnam Ares Development Land Pooling Scheme RULES

1. Introduction:

The Government have decided to develop Machilipatnam Area in connection with Deep Water Port and Industrial Corridor etc., Land required for development scheme shall be through land pooling scheme as provided in Chapter-V of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016. In keeping with the will of the Government to implement Machilipatnam Area Development Scheme, land procurement mechanism has been designed to be voluntary and based on consensual process of Land pooling. Land Pooling mechanism is mainly adopted for development of the Machilipatnam Area in connection with Deep Water Port and Industrial Corridor etc., In order to make the landowners as partners in the Development of Machilipatnam Area in connection with Deep Water Port and Industrial Corridor etc., the land pooling option is provided. Land Pooling mechanism is mainly adopted wherein land parcels owned by individuals or group of owners are legally consolidated by transfer of ownership rights to the Authority, which later transfers the ownership of a part of the land near Machilipatnam back to the land owners. The broad objective of the scheme is to make the families affected by the Machilipatnam Area Development Scheme as partners in development by adopting the Land Pooling Scheme

2. Short title and Extent

(1) These rules may be called as Machilipatnam Area Development Land Pooling Scheme (Formulation and Implementation) Rules 2016’.

(2) They shall extend to the lands required to make special development scheme for Development of Machilipatnam Area in connection with Deep Water Port and Industrial Corridor etc., to cater to the needs of the State of Andhra Pradesh.

3. Definitions. (1) In these rules, unless the context otherwise requires:–

(a) ‘Act’ means the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act’ 2016.

(b) ‘Machilipatnam Deep Water Port” means Development of Machilipatnam Deep Water Port and formation of Industrial Corridor etc., in connection with Machilipatnam Deep Water Port and includes the areas proposed for its development.

(c) ‘Authority’ means the Machilipatnam Area Development Authority constituted under section 4(1) of the Act.

(d) ‘Appellate authority’ means the District Collector, Krishna and includes the Joint Collector.

(e) ‘Commercial’ means area set apart for developing commercial space to undertake commercial activity as per the standards and norms laid down in the Machilipatnam Area Development master plan or any other area development plan;

(f) ‘Competent Authority’ means District Collector, Joint Collector, Revenue Divisional Officer, Bandar and includes any other officer not below the rank of Deputy Collector appointed by the Government of Andhra Pradesh.

(g) `Government’ means the Government of Andhra Pradesh;

(h) ‘residential’ means area set apart for developing residential space as per the standards and norms laid down in the Machilipatnam Area Development master plan or any other area development plan;

(i) ‘Website’ in the context of Land Pooling refers to official website of the Authority/District Collector; and

2. Words and expressions used but not defined in these rules shall have meanings assigned to them in the Act.

4. Applicability.:

(1) These rules shall be applicable to the entire notified area by the Competent Authority under rule 6(2) of these rules read with section 17(5) of Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016 for Development of Machilipatnam Area in connection with Deep Water Port and Industrial Corridor etc.,

5. General:

(1) The Authority may undertake to develop a land pooling scheme pursuant to the notification issued under sub-section (5) of section 17 of the Act.

6. Declaration of intention:

(1) Upon the requisition by the District Collector, the Government may appoint any officer not below the rank of a Deputy Collector as Competent Authority for Land Pooling under the functional and administrative control of the District Collector. The District Collector and the Competent Authority shall periodically report the progress of the land pooling to the Principal Secretary, MA & UD, AP, Hyderabad, District Collector, Krishna and Vice-Chairman Machilipatnam Area Development Authority, Machilipatnam and seek guidance for effective pooling together various land parcels

(2) Pursuant to the notification issued under sub-section (5) of section 17 of the Act, the Competent Authority shall issue a notice in Form 1:

(i) Inviting objections and suggestions on the proposed Land Pooling Scheme (LPS) in Form 2 from the land owners within fifteen days from the date of publication;

(ii) inviting participation of land owners in the proposed Land Pooling Scheme by receiving irrevocable consent applications in Form 3 from the land owners;

(3) The notice shall contain the details of public purpose, area, extent, with survey numbers and reputed owners as available in cadastral register along with a plan if any, and shall be published in the manner provided under sub-section
(4) of section 29 of the Act.

(a) The notice shall contain the details of the broad objectives of the scheme, process of the scheme, role and responsibility of the Authority, role of the land owners, area, extent, schedule of boundaries, survey numbers and ownership details available in revenue records, extent of the land reserved under sub-section (4) of section 29 of the Act, the compensation package provided to the land owners/landless families, and other salient features; and shall be published in the following manner:

(i) in the District Gazette;

(ii) in two daily newspapers circulating in the locality of such area of which one shall be in Telugu;

(iii) in Telugu in the Gram Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Revenue Divisional Officer, the Tehsildar, the District Registrar and Sub-registrar in the scheme area; and

(iv) on the website of Municipal Administration and Urban Development Department and Machilipatnam Area Development Authority.

(b) The notice shall also state that a copy of the plan of the proposed area is kept open for inspection of the land owners including the public at the office of the local body concerned, Competent Authority for Land Pooling during office hours and also in the website.

7. Notification of final area:

Machilipatnam Development Land Pooling Scheme Implementation Rules 2016(1) All the objections and suggestions received pursuant to rule 6(2) and any request for modifying the extent of the scheme area shall be examined in detail, considered and disposed of by the Competent Authority with in fifteen days in Form 4. The final area notification shall be given in Form 5 with in fifteen days from the date of such orders.

(2) An appeal lies to the District Collector, Krishna on the orders of the Competent Authority within seven days from the date of receipt of orders of the Competent Authority under rule 7(1) and such orders shall be final.

8. Declaration of ownership (section 22(1) and section 24 of the Act): (1) Upon receipt of irrevocable consent application in Form 3 public or individual notice in Form 6 shall be sent to the landowner or public in general in accordance with procedure laid down under section 120 of the Act, seeking ownership records, encumbrances and objections on ownership, extent and boundaries, within fifteen days from the date of issue of notice in Form 6

(2) Verification of the title, extent and boundaries of the land parcels shall be done with reference to:

(i) the cadastral record such as Re-survey Register (RSR), Adangal, Field Measurement Book (FMB), Record of Rights (RoR) registers and such other registers available with the Collector;

(ii) the registration record (conveyance record) consisting of all types of registered documents, encumbrance certificates, link documents and such other records available with Registrar;

(iii) records available with religious and charitable institutions / wakf institutions

(iv) the enjoyment survey duly demarcating possession / ownership of the applicant; and

(v) hearing / enquiry conducted by the Competent Authority.

(3) Determination of Government lands, assigned lands, endowment lands, wakf lands, bhoodan lands, forest lands or such other categories of lands shall be done by the Competent Authority after due verification as per rule 8(2) after considering the rival claims and objections received;

Provided that while determining the ownership of such lands:

(i) lands belonging to endowments or wakf shall be treated on par with patta lands in terms of payment of benefits;

(ii) unsettled Inam lands may be got settled by the concerned authority following the procedure under Inams Abolition Act;

(4) The Competent Authority shall examine the Form 3 claims and the rival claims received duly verified as specified in rule 8(2), and pass orders in Form 7 under his revenue seal and signature declaring the ownership and extent. Such orders shall contain true owners, apportionment of the land if any, entitlement of residential and commercial Reconstituted Plots (RP) and option for joint allocation.

 

(5) Payment of benefits may commence after issue of Form 7 orders duly taking possession of the land for development from the owner / owners.

(6) Such cases where disputes with regard to land ownership remain unresolved shall be referred to a Court of competent jurisdiction duly depositing the benefit payments, and such referral shall not act as a bar for including the land under the land pooling scheme.

(7) Registration of Form 3 claims supported by Form 7 orders shall be done by registrar suo-moto and such registration shall be exempted from Stamp duty and Registration fee.

9. Draft LPS:

(1) As soon as may be, after the notification of intention to make the Land Pooling Scheme, the Competent Authority shall complete the preparation of the draft LPS within

(180) days.

(2) The draft LPS shall consist of:

(i) combined sketch with area statement duly taking technical support from Assistant Director Survey & Land Records;

(ii) demarcation of village site / habitation planning boundary for purpose of village development plan;

(iii) list of eligible landowners with area statement and entitlements;

(iv) demarcation sketch duly showing the original lands belonging to landowners covered by orders of the competent authority.

(v) Reconstituted plot as far as possible within the developed area earmarked for the land owners belonging to this LPS area of the scheme.

(vi) The draft LPS shall contain explanatory note explaining the salient features of the proposed development scheme.

(3) Competent Authority shall publish draft LPS in Form 8 calling for objections or suggestions from the land owners giving a time period of thirty days from the date of such notice, in the manner specified in section 31(2) of the Act.

(4) Any person affected by the said draft LPS may submit objections or suggestions of the LPS in Form 9 and the Competent Authority shall consider the same and modify the Scheme with the approval of the District Collector and Vice-Chairperson, Machilipatnam Area Development Authority.

 

10. Final LPS:

(1) Upon approval, the draft LPS becomes the Final LPS and the Competent Authority shall publish it in Form 10 within fifteen days of approval, in the manner specified in sub-section (2) of section 31 of the Act.

(2) Registrations of land shall be allowed during the period between draft LPS and issue of LPOC. The purchasers of lands from the landowners declared under Form 7 and not covered by Rule 9(2)(ii) shall be the deemed owners under the Act.

11. Vesting of land in Authority and issue of Land pooling ownership certificate.:

(1) After notification of the final LPS, all the lands shall vest absolutely in the Authority free from all encumbrances under sub-section (3) of section 31 and the District Collector may summarily evict illegal occupants and enforce the scheme.

(2) Within thirty days from the date of physical marking of the reconstituted plots earmarked for Development of Machilipatnam Area in connection with Machilipatnam Deep Water Port formation of Industrial Corridor etc., the allotment of reconstituted plots shall be done to landowners by draw of lots, in an objective and transparent manner with due publicity under video cover.

(3) Within thirty days of allotment, the Competent Authority of Machilipatnam Area Development Scheme shall issue a Land Pooling Ownership Certificate [LPOC] in Form 11, which shall be the final proof of the holder’s title to that land and thereafter cause entry of such ownership details into the records of the registration department without any cost to the land owner, by executing mutual conveyance deed on Rs. 100 value stamp paper.

(4) The LPOC shall contain details of the land owner’s original land and reconstituted plot near Machilipatnam along with sketches.

(5) The details of the LPOCs and parcels of land contributed by the land owners for Machilipatnam Area Development Scheme shall be made available on the website.

(6) The copies of the documents, plans and maps relating to the Final LPS shall be sent to the Stamps and Registration department as well as Tahsildar, Machilipatnam and Pedana, where such copies shall be kept and made accessible to the public.

12. Implementation of final LPS:

(1) After the notification of the Final LPS the Authority shall take over all lands allotted to it and shall record the details of all such lands in Form 12 register.

(2) The final LPS notification under rule 10(1) of the Land Pooling for Machilipatnam Area Development Scheme shall be a deemed land development permission by the Authority. The plot owners may apply for development permission accordingly.

(3) Within one year from the date of final LPS notification the Authority will complete the basic formation of roads and physical demarcation and handover physical possession of plots allotted.

(4) After handing over of physical possession of plots, a fresh cadastral record shall be prepared and such record shall be the basis for all registrations.

(5) LPOCs granted shall be registered without charging registration fee from the landowners in accordance the provisions of the Registration Act, 1908 as mentioned under section 25 and section 31(4) of the Act.

(6) Within three years from the date of final LPS in Machilipatnam Development Scheme Area, the Authority will develop the infrastructure in a phased manner.

13. Completion of final Land Pooling Scheme in Machilipatnam Area Development Scheme in connection with Deep Water Port and Industrial Corridor etc.,:

(1) Within a period of thirty days from the date of completion of development of infrastructure, the Collector, Krishna, Machilipatnam will publish a notice of Completion of the final Land Pooling Scheme in Form 13 in Machilipatnam Area development scheme area duly furnishing the details of completion of the works along with the necessary infrastructure plans.

(2) Within thirty days after preparation of fresh cadastral record, the Collector, Krishna, Machilipatnam shall publish in Form 14 the details of reconstituted plots after carrying out mutations in Land Records.

(3) Upon verification of the above details, the Collector, Krishna will issue the Completion Certificate in Form 15 along with layout of final Land Pooling Scheme.

 

14. Maintenance of the common infrastructure and facilities after issue of completion certificate:

(1) The Vice-Chairman, Machilipatnam Area Development Authority either on his own or by authorizing another agency direct maintenance of the infrastructure and amenities in Machilipatnam Development Scheme Area

in connection with Deep Water Port and Industrial Corridor etc., by collecting the necessary user charges for such maintenance.

(2) Reconstituted plot owners and any other purchaser of the reconstituted plot shall pay the user charges levied by the agencies responsible for provision of civic services such as roads, street lighting, solid waste management, sewerage treatment facility, water supply, parks and play grounds or such other amenities.

15. Powers of Competent Authority: (1) The Competent Authority or his officers shall be competent to enter and conduct land survey, and establish the true area falling under the land pooling or to confirm true area of the claim of person/persons interested and ascertain the original plot area or the apportionment of land, wherever required.

(2) The Competent Authority or his officers shall have the powers to ascertain the ownership, extent and boundaries under Revenue Acts and other laws in general and specifically:

(i) To summon and examine the witnesses or the records under the Andhra Pradesh Revenue Summons Act, 1969(Act III of 1869);

(ii) To conduct enquires to apportion the respective claims among the multiple persons interested in a parcel of land; and

(iii) To pass orders in Form 7 after establishing the ownership of the land.

16. Miscellaneous:

(1) The Authority’s decision shall be final in all matters relating to Machilipatnam Area Development Scheme in connection with Deep Water Port and Industrial Corridor etc.,.

(2) The Authority, for the purposes of effective preparation and implementation of the Development Scheme, may delegate powers to the extent required to the officers of the Authority / District Collector.

(3) The District Collector may extend time limits for any of the activities mentioned under these rules for valid reasons and shall be competent to frame Forms required under Rules.

(4) The Competent Authority for Machilipatnam Area Development Scheme in connection with Deep Water Port and Industrial Corridor etc., shall act as the grievance redressal officer at any stage. An appeal shall lie to the district collector whose decision shall be final.

 

SCHEDULE 1 PROCESS OF THE SCHEME:

(1) Notification of declaration of intention to pool lands.

(2) Obtain irrevocable consents.

(3) Invite general objections & suggestions on the intention, dispose objections & suggestions and notify final area under the scheme.

(4) Conduct claim enquiry on consents and pass orders establishing ownership.

(5) Register the claims supported by ownership orders with registration department.

(6) Refer unsettled disputes to courts of competent jurisdiction.

(7) Make benefit payments through interoperability method or any other method.

(8) Prepare draft land pooling scheme, invite objections and notify final land pooling scheme.

(9) Transfer of ownership of rights to the Authority for the purpose of implementing development scheme.

(10) Allot reconstituted plots and issue LPOC in Machilipatnam Deep Water Port and Industrial Corridor development Scheme area.

(11) Complete basic formation of roads and physical demarcation of plots.

(12) Handover physical possession of reconstituted plot to the land owners.

(13) Prepare fresh cadastral record.

(14) Complete infrastructure development.

(15) Demarcate village site / habitation planning boundary for purpose of village development plan.

 

SCHEDULE II

ROLE AND RESPONSIBILITY OF THE AUTHORITY

1. towards land owners under the Machilipatnam Area Development Scheme in connection with Deep Water Port and Industrial Corridor etc,.:

(a) to undertake the implementation of land pooling scheme for Machilipatnam Development Area.

(b) to issue statutory receipt for consent application with documents.

(c) to allot reconstituted plots by lottery after allocation to the landowners in Machilipatnam Area development Scheme who surrendered their lands under Land Pooling Scheme.

(d) the authority shall guarantee the return of reconstituted land and payment of benefits to the landowners for every acre of original land surrendered under Machilipatnam Area Development Scheme.

 

(e) To convert the plot area into agriculture area, the common area left in a layout shall be added proportionately to the plot area and the returnable land under LPS should be decided and conversion tax paid by landowners for converting agricultural land into layout or proposed layout shall be refunded with 6% interest without paying any annuity

(f) For the farmers who have given their lands of less than one acre in Land Pooling Scheme, will be paid Rs. 30,000/- / 50,000/- for a period of 10 years with yearly increase of Rs. 3000/- / 5000/- respectively for dry lands and wet lands. “This benefit shall be applicable upto the last date of filing applications in Form 3 as announced and for confirming extent, ownership for purpose of ascertaining eligibility to get minimum benefit. Further sub-divisions / claims shall be paid proportionate to extent”. The benefit of yearly payment of Rs. 30,000 / 50,000 shall be extended to only to landowners who surrendered their lands and continue to hold returnable developed plots. Proportionate payment shall be made if part of developed plots are alienated. Purchasers of LPOC or not entitled for payment of annuity. No annuity shall be paid to plots in square yards since they are not for agriculture purpose.

(g) For the owners who gave their lands with structures / poultry / trees etc., embedded to earth will get the valuation of such structure / poultry / trees etc., existing as on the date of notification under Rule-6 in Form 1. The estimated value shall be as per R&B norms for structures / poultries etc., and as per Departmental norms of Horticulture / Forests for trees / topes.

(h) The annual payment will start from the date of handing over possession of the land to the Competent Authority

(i) The Government shall provide pension of Rs. 2,500/- per month per family for a period of 10 years to all landless families through Inter-Operable disbursement method/ any other method through Machilipatnam Region Urban Development Social Security Fund from the date of draft notification under Land Pooling Scheme in Form-9 on the basis of Socio Economic Survey conducted with reference to date for Form-1 notification declaring the intention under Rule-6

(j) Issue statutory land pooling ownership certificate [LPOC] with alienable rights within 9 months of agreement with all willing land owners.

(k) Handover physical possession of reconstituted plot within 1 month from the date of allocation of reconstituted plots to the landowners who surrendered lands under LPS.

(l) Complete the development of the scheme area within 3 years of issue of LPOC.

(m) Provide reconstituted plots in one area to a land owner having original plots in different areas as per the category of original land.

 

(n) Provide reconstituted plots in one area to different land owners requesting for joint allocation as per the category of original land.

(o) Issue LPOC and pay annuity to the religious institutions or charitable trusts under the purview of endowment department in cases where original lands belong to them.

2. towards development of the area under LPS near Machilipatnam.

(a) to declare areas under land pooling scheme and preparation of layout plans and sector plans based on the requirement of physical infrastructure.

(b) to super impose revenue maps on the approved master plan.

(c) to demarcate all the roads as per layout plan and sector plan within the assembled area and give approval of layout plans/detailed plans.

(d) to develop of sector roads/internal roads/ infrastructure/services (including water supply lines, power supply, rain water harvesting, sewage treatment facilities, water treatment facilities, etc. falling in the share of the land guaranteed to the land owners.

(e) to create infrastructure facilities, roads, parks, cremation facility for all religions, community needs etc. at the city / development area level.

(f) to develop identified land in time bound manner with master plan roads, provision of physical infrastructure, and traffic and transportation infrastructure inclusive of metro corridors.

(g) to complete external development in time bound manner.

(h) to complete development in time and maintain it with all the neighborhood level facilities i.e. open spaces, roads and services.

Contd…15

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SCHEDULE- III

ROLE AND RESPONSIBILITY OF THE GOVERNMENT

1. towards land owners:

(a) to provide registration for LPOC without payment of registration charges for the plots allotted near Machilipatnam.

(b) to provide one time exemption from stamps and registration fee, Non-Agricultural Land Assessment and development fee.

(c) to exempt registration fee for registering the agreements with Competent Authority for Development Scheme / LPS.

(d) the purchasers of lands from the landowners declared under Form 7 and not covered by Rule 9(2)(ii) shall be the deemed owners under the Act.

2. towards others residing within the area under Development Scheme:

(a) to provide one time agricultural loan waiver up to one lakh fifty thousand rupees per family to farmers as per prescribed procedure of Government.

(b) to provide interest free loan up to 25 lakhs to all the poor families for self employment.

3. towards other benefits

(1) to provide free education and medical facilities to all those residing as on Notification of declaration of intention.

(2) to enhance the limit under NREGA up to 365 days a year per family.

(3) to establish skill development institution and provide training with stipend to enhance the skills of cultivating tenants, agricultural labourers and other needy persons.

(4) to issue ownership and transit permission through forest department for cutting and sale of teak trees in private lands duly exempting the relevant fees.

(5) to allow standing crop to be harvested.

SCHEDULE- IV

ROLE AND RESPONSIBILITY OF THE LAND OWNERS

(1) to give consent application, and facilitate survey and demarcation.

(2) to prove rights over the land.

(3) to transfer ownership rights to the Authority against a guaranteed return of reconstituted plot near Machilipatnam.

(4) not to create any encumbrances after entering into agreement with the Competent Authority for Development Scheme.

(5) to handover physical possession of lands covered by Development Scheme to the Competent Authority for Development of Machilipatnam Area in connection with Deep Water Port and formation of Industrial Corridor etc.,

(6) The owners shall be responsible for the following, namely:-

(a) all the required infrastructure within the Final Plot;

(b) obtaining all ‘No Objection Certificates’ required for the development of the reconstituted plot and following the prevailing Development Promotion Regulations and Building Regulations / Rules depending on the type of development proposed; and

(c) payment of necessary fees and charges as per the rules for the sanction of development permission.

(d) for demarcation of village site / habitation planning boundary for preparation of village development plan

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT

SECTION OFFICER


About Pavan

Advocate, Journalist and Founder of Telangana Navanirmana Sena From Mahabubnagar,Telangana State, India Email Me -- pavan@tgnns.com

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