Government of West Bengal
Land and Land Reforms Department
Land Policy Branch
Writers’ Buildings, Kolkata-700001
ORDER
Land and Land Reforms Department
Land Policy Branch
Writers’ Buildings, Kolkata-700001
ORDER
No. 6686-LP/1A-18/2012
Date : 26/12/2012
1. Whereas the State Government, its parastatals ( Corporations, Development Authorities), and urban local bodies etc. have been allotting and pricing land / other assets in line with various Departmental and other norms which often vary in their content and their applicability;
2. And whereas there is need to introduce uniformity, reduce direction and avoid case by case decision-making to ensure transparency while dealing with public assets;
3. Now, the Governor, after careful consideration of the matter, is pleased hereby to make the following Land Allotment Policy which will be applicable to land owned or held by any Department of the State Government or agency funded by the State Government in any manner;
i. The land allotted to any individual / company /institution etc. under the policy would be transferred to them by the Government and its perastatals by way of long term lease for a period not exceeding 99 years, with the option of renewal of such lease for the like period on the same terms and conditions and to such other terms and conditions as may be imposed and included in such renewal lease deed.
ii. (a) The lessee under any lease granted by the State Government or its parastatals can mortgage the leasehold interest only ( and not demised land itself ) on the demised land, whether in full or in part, only with the prior written permission of the lessor. (b) The lessee is not entitled to assign his leasehold interest, whether in full or in part, without prior written approval of the lessor and assignee shall hold the same on the same terms and conditions as in the original lease and to such other terms and conditions as may be considered to be imposed by the lessor while granting such approval. In case of such assignment of leasehold interest the assigne concerned shall have to obtain fresh lease after expiry of the unexpired period of the lease on payment of such consideration money and annual rent based on the prevailing market value as may then be fixed by the lessor in granting such lease.
iii. The Land and Land Reforms Department is the nodal Department for inter-departmental transfer of land and long Term Lease (LTS) of vested /Khas ( Government) land. An inter-departmental Committee under the Chief Secretary would handle all cases of inter departmental land transfers. The valuation for LTS would be based on the sale deeds of the area or the market price as determined by the Inspector
2. And whereas there is need to introduce uniformity, reduce direction and avoid case by case decision-making to ensure transparency while dealing with public assets;
3. Now, the Governor, after careful consideration of the matter, is pleased hereby to make the following Land Allotment Policy which will be applicable to land owned or held by any Department of the State Government or agency funded by the State Government in any manner;
i. The land allotted to any individual / company /institution etc. under the policy would be transferred to them by the Government and its perastatals by way of long term lease for a period not exceeding 99 years, with the option of renewal of such lease for the like period on the same terms and conditions and to such other terms and conditions as may be imposed and included in such renewal lease deed.
ii. (a) The lessee under any lease granted by the State Government or its parastatals can mortgage the leasehold interest only ( and not demised land itself ) on the demised land, whether in full or in part, only with the prior written permission of the lessor. (b) The lessee is not entitled to assign his leasehold interest, whether in full or in part, without prior written approval of the lessor and assignee shall hold the same on the same terms and conditions as in the original lease and to such other terms and conditions as may be considered to be imposed by the lessor while granting such approval. In case of such assignment of leasehold interest the assigne concerned shall have to obtain fresh lease after expiry of the unexpired period of the lease on payment of such consideration money and annual rent based on the prevailing market value as may then be fixed by the lessor in granting such lease.
iii. The Land and Land Reforms Department is the nodal Department for inter-departmental transfer of land and long Term Lease (LTS) of vested /Khas ( Government) land. An inter-departmental Committee under the Chief Secretary would handle all cases of inter departmental land transfers. The valuation for LTS would be based on the sale deeds of the area or the market price as determined by the Inspector
