Rural Abadi Sites (Management and Regularization) Regulations

YAMUNA EXPRESSWAY INDUSTRIAL DEVELOPMENT AUTHORITY
UTTAR PRADESH

The following English translation of notification No. ……..dated -2011 hereby published for general Information:-

Notification No…………………………. Yamuna Expressway: dated September, 2021.

In exercise of the powers conferred under sub-section(1) read with clause (d) of sub- section (2)of section 19 of the Uttar Pradesh Industrial Area Development Act, 1976(U.P. Act no. 6 of 1976) arid all other powers enabling in this behalf and with the previous approval of the State Government. the Yamuna Expressway Industrial Development Authority hereby makes the following. Regulations, for the purpose of proper management of the lands within the Rural Abadi Sites, vested in the Authority.

YAMUNA EXPRESSWAY INDUSTRIAL DEVELOPMENT AUTHORITY

Rural Abadi Sites (Management and Regularization) Regulations.

Short title, Commencement, purpose and extent

- (1) These Regulations may be called the Yamuna Expressway Industrial Development Authority Rural Abadi Sites (Management and Regularization)Regulations, 2011

- (2) They shall come into force with effect from the date of their publication in the Gazette.

- (3) The purpose of these regulations is to identify, control, manage, regularize and take alternative measures regarding such rural land on which Abadi existed on June 30, 2011 and continues as rural abadi site as on the date of commencement of these regulations. This regulation shall also extend to such Gramsabha land which has been resumed by re Revenue Department in favour of Authority and kept on the disposal of Industrial Development Department and on which any person has made residential accommodation in the matters of GrItiiis.:1,h1, lare:1 the cut off date will be 30 June, 2011.

Definitions 2-(1) In these regulations unless the context otherwise requires,-

(a) "Act" means the Uttar Pradesh Industrial! Area...Development Act. 1976 (U.P. Act No, VI of 1976).

(b) "Area" means the Yamuna Expressway industrial Development Area.

(c) "Commercial use" means any building or its part which is being used as a Shop, Godown, showroom or as office for marketing or storage of commercial goods.

(d) "Committee" means a Committee constituted under these regulations

(e) "Family" means the family of that farmer whose land has been acquired or proposed to be acquired by the Authority and he is original resident of notified area of the Authority before the establishment of the Authority. In case of non original resident of notified area of the Authority he should be original resident of the village which is now included in District. Gautambudh Nagar on April 17.1976 or before date and his nun is included in annual register (Khatoni). Husband wife and their minor children will be treated as Farmer's family and Os adult son/son's *411 be treated as separate family for the purpose Of this regulation.

(f) "Form" means a form appended to these regulations.

(g) "Institute” means a charitable institution which is duly registered recognized or they have applied for registration or recognition on the date of notification issued under section 4 of Land Acquisition Act and now the are registered/recognized and are working from that time.

(h) "Land" means the tenure holder land and such Grim Sabha land which has been acquired/ resumed or their acquisition/resumption is proposed by IndustrialDevelopment Department/Revenue Department in the notified area of the Yamuna Expressway Authority.

(i) "Rural Abadi Site" means the rural areas used for residential purpose on 30 June, 2011 and continues to be so used on the date of commencement of these regulations or such rural areas as are used for residential purpose as on the date of commencement of these regulations and continues to be used as such on 30 June, 2(t11. These regulations shall also extend to such Gram sabha land which has been resumed by Revenue Department in favour of the Authority and kept on the disposal of industrial Development department and on which any person has made residential accommodation.

(j) "Residential Use" means the use of any land or building or part thereof for human habitation and such other uses incidental to residential uses.

(k) "School" means an institution which has been approved by the State Government or the Central Government for imparting education.

(l) "Survey" means a process of identifying any rural abadi site and includes, Satellite images, actual physical spot inspection and mapping, survey conducted under the provisions of Land Acquisition Act, 1894 still or video film and such other things as are necessary for identifying rural abadi site.

(2) Words and expressions used but not defined in these regulations shall have the meaning as assigned to them in the Act and Building Bye-Laws of Authority.

Survey and land planning of the Rural Abadi

3-( I) The Authority shall as soon as possible carryout a planning survey and prepare a plan along with the sketch map of the Rural Abadi Sites in which the following shall be shown.

(a) The plots available for regularization for residential purpose and the plot reserved for other purpose under the village Development Schemes.

(b) Village-wise complete list, maps, location and size of rural abadi site within the industrial development area, irrespective of the fact whether after declaration as industrial development area the land has been acquired or process of acquisition initiated or land is not acquired with specific remarks as to in whose possession each site is.

(d) The description of the plot allotted or to be allotted and roads, open spaces. bye-lanes, recreation, shops. schools and other places of public utility according to the needs of the particular village.

(2) The map of the Rural Abadi Sites under sub-regulation (3-1) shall. as early as possible, be submitted to the Authority for approval, which shall either be approved with or without modifications, or will be given directions as may be considered proper by the Authority.

Constitution of committee for the Rural Abadi Site Identification, etc.

4-(I) The Authority shall constitutes a committee to be called the committee for matters related to identification, control etc. of rural abadi sites.

(2) The committee shall consist of the following members, namely :-

(a) The Additional Chief Executive Officer' Deputy Chief Executive Officer - Chairman

(b) Additional District Magistrate (L.A)of concerning District - Member

(d) Deputy Collector/Secretary/Administrative Officer Secretary - Member

(e) General Manager (finance) - Member

(f) General Manager ( Planing /Architect) - Member

(g) General Manager /0.S.D (Project) - Member

(h) Tehsildar, Yamuna Expressway - Member

(i) Manager (Law) - Member

Functions of the Committee

5- The functions or the committee constituted under regulation-4 shall be-

(a) to identity all rural abadi sites within the industrial development area of Yamuna Expressway.

(b) to recommend the rural abadi sites which may he excluded while submitting proposals for acquisition of land within the industrial development area to the Board of Authority through committee headed by Chief Executive Officer.

(c) to recommend the rural abadi sites which may be released from acquisition proceeding if acquisition process has been already initiated. to the Board of Authority through committee headed by Chief Executive Officer.

(d) to make suitable recommendations. suggestion for limiting and controlling the further extensions of rural abadi site after the date of the survey conducted under regulation 3, including but not limited to drawing of peripheral boundaries etc.

(e) to make recommendation in the interest of planned development for re- allocation of, abadi site falling outside the peripheral boundaries of rural abadi site to as area within the peripheral boundary.

(f) to make recommendations for settlement of disputed abadi site with any other matter may be referred to it by the Authority.

Committee constituted under Chairmanship of Chief Executive Officer.

6-(1) The committee constituted under regulation 4 will submit its recommendation about the rural abadi sites which may be released from acquisition to the following committee constituted under Chairmanship of Chief Executive Officer.

(a) The Chief Executive Officer of the Authority - Chairman

(b) Three members nominated by Authority from amongst its officers - Member

(c) The District Magistrate, Gautam Budh Nagar or Additional District Magistrate nominated by the District Magistrate, Gautam Budh Nagar - Member

(2) The Authority shall Appoint one of the members nominated by it under clause (b) of sub regulation (1) to be the Secretary of the committee, who shall maintain the relevant records, prepare and place the agenda before the committee, prepare the minutes and discharge alt such duties as are entrusted to him by the committee from time to time.

(3) Three members of the committee shall constitute the quorum but quorum shall include at least one member referred to in clause (c) of sub regulation (1).

(4) No act or proceeding of the committee shall be invalid by reason of the existence of any vacancy or a defect in the constitution of the committee.

(5) The decision of the Committee shall be duly recorded in the minutes and it shall be clearly mentioned therein that the particular case, the regularization of undeveloped plot is not against the interest of development scheme of the Authority and the committee has obtained the concurrence of the interested person upon individual basis, for which the Committee shall be competent.

(6) The decisions of the Committee shall be transmitted to the Authority which shall consider it in the first meeting thereafter or for reasons to be recorded in any subsequent meeting and the Authority may make such modification as it think fit for reasons to he recorded.

Application for Regularization of Acquired Land

7- (1) Any person whose land has been acquired by the Authority and that land is to be regularized may apply in writing to the Chairman of the committee constituted under the Chairmanship of Chief Executive Officer and subject to the bonafide requirement of such person his application may be considered by the committee under and in accordance with these regulations or by the committee constituted under regulations 4 and will be processed as follows:-

(a) to completely examine the applications received and to decide in accordance with the provision of these regulations.

(b) to lay down the policy in respect of the concerned site/plot in each case, after deciding the course of action

(c) to decide whether the settlement of the problem or dispute involved therein is possible by lawful transfer, or in any other way

(d) whether upon the basis of its location it is proper to restore to its original position by regularizing it.

(2) The maximum limit of the residential site to be allotted under this regulations will be equal to the land being used by applicant in the form of residential purpose. Five thousand square metre per family will be maximum limit for the applicant who apply for regularisation till dated 31-12-2011 and 1500 square metre per family will be maximum limit for the applicant who apply after dated 31-12-2011.

(3) If the land is being used in different form instead of residential usages by a farmer and his family it will be regularized in the following method :-

"50% of the area sanctioned for regularization will be the limit for commercial usage and the charges for such type of change in land usage and other fees which will be prescribed from time to time by Authority shall be payable".

(4) The regularization of the land of a school, recognized by the education Board of India or Uttar Pradesh Government "Central Board of Secondary Education/ Indian Council of Secondary Education/Board of secondary education/ District Inspector of Schools etc." which have received recognition before issuance of notification under section 4/17 or applied for recognition before issuance of notification under section 4/17 and now recognition has been received and are working since then, shall not be more than the minimum limit prescribed by the authority recognizing the school. In the school premises only the activities allowed by the Authority in an educational institution, shall be permissible. The Chief Executive Officer, Yamuna Expressway Industrial Development Authority may grant relaxation in maximum limit of land to be used by the schoj only after the approval of Board meeting.

(5) The decisions of the committee shall be duly recorded in the minutes and it shall be clearly mentioned therein that in the particular case, the regularization of undeveloped plot is not against the interest of development scheme of the Authority and the corm ,tee has obtained the concurrence of the interested person upon individual basis, for which the committee shall be competent.

(6) The decisions of the Committee shall be transmitted to the Authority which shall consider it in the first meeting thereafter or for reasons to be recorded in limy subsequent Meeting and the Authority may make such modification as it think fit for reasons to be recorded.

(7) In the matter relating to conduct of its business, as far as applicable, the committee shall follow the procedure as is laid down for the Committee constituted under regulation S keeping in mind its nature and function.

(8) The Committee shall submit its report before a Committee which will be constituted as follows-

(I) Zila Adhikari of concerned district - Chairman

(II) Senior Superintendent of Police of concerned district - Member

(Ill) The Additional Chief Executive Officer, Yamuna Expressway - Member Convener

(IV) Additional District Magistrate (L.A), Yamuna - Member

(V) Deputy Chief Executive Officer, Yamuna Expressway - Member

(VI) General Manager (Planning/Project/Finance) - Member

(9) According to recommendations of committee if it is unavoidable to get possession of acquired land then the action will be taken for getting physical possession by removing Encroachment.

(10) In the case of public agitation, presence of abadi and disturbance of law and order on acquired land if the land becomes not useful for Authority then there will be a leas deed execution with land lord. On preformed paper (approved by board of Authority after the approval board of Authority. In the compliance of Government order the Patta holder will be exempted from levied Stamp duty on execution of lease deed and. the due or paid acquisition fee on Authority will be adjusted in other acquisition proposal of the Authority. Only one rupee will be charged on land lord in the form of whole some lease rent. the land lord will be exempted from payable development fee and approximate expenditure in head of development fee will be levied on other plans of Authority.

(11) The maximum limit of land for lease will be equal to the land being used in the form of residential or contingent usage 5000 sqm. per family will be maximum limit for the applicant applying for regularization till dated 31-12-2011 and 1500 sqm per family will be maximum limit for the applicant applying after dated 31-12-2011.

Procedure

8-(I) The secretary of the Committee shall notify the date, time and place of the meeting at least seven days before the date fixed for the meeting. The meeting May continue for more than one day. In unavoidable condition the meeting of the Committee will b$ galled in short time notice,

(2) A list of matters of each village for the consideration by the Committee shall be prepared by the Secretary. The Committee shall inquire and look into every case and the Committee or any sub- committee constituted by the Committee shall make local inspection of site plots and may look into the entries in the connected records and site plots and after local inspection the Committee may consider to change the plot that it may do in the like manner

(3) After reaching the conclusion that any applicant is using any particular plot in the

Rural Abadi site. for residential purpose and he has complied with all the orders such as the return of the entire compensation or made a commitment thereof together with the accrued interest the Committee shall regularize that site/plot in lieu thereof on such terms and conditions not inconsistent with these regulations, as it may consider fit to impose.

(4) After regularizing the plot/site. Committee shall in the process thereof, authorize the Issuance of. the Regularization Certificate in Form 1 and delivery of possession. Regularization will be done on basis of 90 Years lease deed.

(5) The Regularization Certificate shall be issued by the Officer nominated by the Authority in this behalf in Form-1.

(6) The Authority may direct the execution of a lease deed in pursuance of the Regularization certificate which shall be in Form-2 approved by the Authority with such modifications as may be necessary in the particular case and which shall spell out all such terms and conditions as have been determined.

(7) Any dispute or difference raised by anyone in relation to the regularization of land shall be inquired into by the Committee and its decision shall be final subject to approval of the Authority.

(8) All matters coming before the Committee shall be decided by the majority of the members present and voting and in the event of any difference of opinion amongst the members of the committee, on the decision regarding the allotment of land to any person, the Chairman of the Committee shall have a casting vote and his decision shall be final and binding.

(9) The peripheral boundary/ Road of the concerned village Abadi will be fixed before regularization. The management of the plots which are being regularized will be done within this peripheral boundary.

Management of extra land

9- After regularization extra land will be used in 7% Abadi allotment of alternative arrangement as The Authority may deem proper and fit

Premium

10-(1) When any specified land within a rural Abadi site is being regularized for residential purpose there shall be payable a premium and other fees at such rates as may be determined by the Authority from time to time.

(2) The premium shall be determined keeping in, view the prevailing rate, solatium, interest calculated according to the rate of compensation, the rate of development charges fixed by the Authority or such other factors as the Authority may consider proper.

Restrictions

11-(1) The succession in respect of the plot shall be governed by the law applicable to the Beneficiary

(2) If the site is renounced or surrendered or the beneficiary dies without leaving any heir entitled to succeed. the plot shall revert hack and become the property of the Authority.

(3) The beneficiary may with the previous approval of the Authority. mortgage the plot without delivery cat possession to any Co-operative Society. scheduled bank as security for the Loan obtained therefore. but in that case the first charge of the Authority on that plot shall remain unaffected

(4) The beneficiary will be bound by the building bye-laws prescribed from time to time by the Authority and which are applicable to such plots in the Rural Abadi Areas. At the time of sanctioning map under building bye-laws the development charges and other such type of charges will he paid on the rates that will be fixed by the Authority from time to time

(5) The Gram Sabha land which has been resumed in favour of the Authority shall only be utilized for such purpose as specified in the transfer of land by Government to the Authority.

(6) The facility of 7 percent reservation in Abadi land allotment and residential plot schemes will be given on that remaining land which is obtained after deducting the regularized land under this regulation from the total acquired land of concerning farmer.

Liability to refund the compensation

12-(I) The beneficiary shall he bound to return the compensation paid by the Authority proportionately and in the case of exchange of site/plot. He shall be bound to pay the excess cost thereof at such rate as is fixed by the Authority. If the person had not got the compensation from the Land Acquisition Officer. he shall receive the payment and return it back to the Authority

(2) The solatium and the interest paid with the amount of compensation shall also be included while fixing the amount of refund of compensation under this regulation.

Nature of the rights of the beneficiary

13-The beneficiary shall be bound to comply with all the terms and conditions laid down in the regularization certificate deed of lease otherwise the regularization certificate and lease may be rescinded.

Regularization certificate

14- After allotment, Regularization Certificate in Form-1 shall be issued in four copies out of which the original shall be given to the beneficiary. second copy shall be kept in the concerned file and the third copy shall be sent to the Land Record Office for keeping it for record and entries in the regularization register and the fourth copy shall forwarded to the concerned Accounts Officer.

Record and regularization certificate

15- (I) The land property register shall be prepared in such Forms and subject to such directions as may be determined by the Authority and entries relating to lands plots regularized in the rural Abadi sites and entries relating to the regularization of plot along with the With names of the lease holders shall he recorded therein.

(2) For the proper maintenance, safe keeping and updating in good condition. of the property register. regularization register, regularization certificates deeds of lease. and Mutation register and other registers, deeds and other necessary particulars, a record room shall established which shall be under the charge of the Record Room Officer appointed by the Authority. For its proper maintenance and keeping the records up to date and efficient management of the connected work, such number of record keepers may be appointed by the Authority as may be considered proper. The regularization register and the Mutation register shall be in Form-2.

Devolution by succession, ownership and rights

16(1) Open the basis of succession or transfer, the successor or transferee, as the case may be shall, in respect of the devolution of ownership and rights in the regularization, site/plot be entitled to get his name entered in the records and the regularization certificate/deed of lease modified by the Authority in that behalf.

Mutation

17-(1) The nominated officer shall upon receipt of the application in respect of the succession or transfer. as the case may be, mate such enquire as he may consider necessary and if it appears that the succession or transfer has taken place. he shall direct the modification of mutation register accordingly.

(2) On the modification of mutation register a copy or the relevant extract thereof shall be issued to the successor or transferee on payment of such tee as the Authority may from time to time fix

(3) in case there is an objection or dispute in respect of any succession, and it is not possible to decide as to who is the successor upon the basis of inheritance, ownership or rights, the entries in the allotment register shall be modified only in accordance with such decision Or the competent court in this respect.

Service of notice etc

18- All notice, orders or other documents shall be served in accordance with the provisions of section 43 of the Uttar Pradesh Urban Planning and Development Act 1973

Land Use

19- The beneficiary shall use the teased land and the building constructed thereon only for residential purpose as laid down in the regularization certificate or lease. The beneficiary shall have no right to use the regularized site/plot for the purpose other than residential.

Payment of amount due

20- The beneficiary/Transferee shall not commit any default in the payment of the amount of the consideration or any amount due, as a result of transfer or the site/plot and the amount due is not paid within three months of time fixed, interest at the rate fixed by the Authority thereon shall be payable. The lease deed shall be revoked if the said dues are not paid within one year from the date fixed.

Violation of the conditions

21- In the event of failure in the payment of any kind of amount due to the Authority within time referred to regulation 20 of these regulations, the Authority may terminate The rights in the regularized site/plot and shall also have the power to resume the site/plot and forfeit the amount, if any, paid in, respect thereof wholly or partly as it may consider proper.

Exercise of the powers

22- All power on behalf of the Authority under these regulations, may be exercised by the Chief Executive Officer, Yamuna Expressway. The Chief Executive Officer may authorize any officer of the Authority to exercise all or any particular power assigned to him in the regulations: Provided that such officer shall not be below the rank of Deputy Chief Executive Officer.

(Pandhari Yadav)

Chief Executive Officer

Yamuna Expressway Industrial Development Authority

No ---------/ Year---------

date-

Form-1

[See Regulation No 8 and 14]

Regularization Certificate From- of Yamuna Expressway Industrial Development Authority

As the nominated Officer on behalf of the Yamuna Expressway Industrial Development Authority, I………………...……………..hereby certify that ………...……sq yds/sq mtr. of land detailed below has been regularized as Abadi site/residential site of Sh./Smt……………………………….. S/o, d/o, w/o ………………….…… resident of ………………………………………………. The beneficiary has refunded Rs………………… (in words……………………………………………….)the amount of compensation by cheque/draft no …………..……..Dated…………………Drawn on- ……………… (name of the bank) in favour of the Authority and the beneficiary is under an obligation to refund sum of Rs ………………… (in words……………………………………………….) within three months from the date of this certificate together with interest thereon at the rate of …… % per annum w.e.f…………….

2. The regularization of land has been made subject to the following terms and conditions:

(a) The beneficiary shah be bound to strictly comply with the terms and conditions as prescribed in this Regulation.

(b) The settled sum of Rs. ………………… (in words…………………………………….….) shall be due every year in the month of January and shall be paid before the end of the month.

Particulars site/plot

Village/Pargana Tehsil District	Khasra No. of the plot or Plot No. according to the Plan	Area (in sq Yards/sq. metr.	Boundaries	Date of approval	Date Of which possession delived	Remarks
1	2	3	4	5	6	7
			North South East West

Signature of the beneficiary/lessee Signature and name of the

Witness with names and address. Nominated/competent Officer

1 …………………………..

2…………………………...

FORM 2

[SEE REGULATION NO.-8 and 15

(Regularization Register)

1	Serial No. of the entry
2	No. of Regularization Certificate
3	Name of the Village
4	Date of Regularization
5	Particulars of the plot/site Khasra No.etc
6	Area
7	Name of the beneficiary, name of the father and place of residence
8	Date of the issuance of the Regularization Certificate/ lease
9	Amount of the refund of compensation
10	Date of the Bank Draft, Bank through which compensation. is refunded
11	Date of deposit in favour of the Authority
12	Rent fee of the leas of the plot & due date
13	Attention of Record keeper
14	Signature of the competent/Nominated Officer
15	Remarks

(Mutation Register)

([SEE REGULATION NO.-15])

1	Serial No
2	Serial No. of Regularization Certificate
3	Name and Designation of the officer passing the order. No. & date of the order
4	Khasra No, and area of the plot
5	Particulars of the plot transferred portion
6	Name of the transfer together with father's name
7	Name and father's name in whose favour entry is made
8	kind of transfer
9	remarks

By Order

Nominated/Competent Officer