1. Land in urban area has been leased out to refugees for 99 years. In the lease deeds, the lessees have not been permitted to alienate the land in any manner, whatsoever or part with possession of the same without special permission of the Government.
2. A gift deed is registered by the SDRRO with special powers by a process of conferment of right and title (CONRIT) in favour of a bonafide refugee and has a non transferable period of 10 years. After the lapse of 10 years the land can be transferred. In certain compassionate cases R.R. & R. Department may allow transfer before expiry of 10 years.
3. Land is also transferred to a refugee through free-hold right and deed (FHTD). The earlier lease deeds are now being converted into free hold title deed. Here also such deed bars any transfer within 10 years.
4. The R.R. & R. Department has also leased out its land to various Schools, Colleges, Clubs, Libraries, Markets, Fisheries etc. from time-to-time to various individuals or agencies also on long-term settlement basis. Here also there is a bar for transfer without prior permission of the R.R. & R. Department.
In a Proceeding with L.R. Department & R.R. & R. Department it was clearly stated that land acquired by the R.R. & R. Department and subsequently transferred to the refugees by dint of CONRIT or free hold title deed should be recorded in the name of R.R. & R. Department first and then khatians should be opened in the name of F.H.T.D. holder on the basis of possession and deed.
In fact, it is observed that the lands of the erstwhile squatter’s colonies were allotted to refugees as per layout and plan made by the R.R. & R. Department. But in 90% of the cases the said refugee are occupying land according to their own sweet will.
Secondly in most of the cases the refugees have already sold their lands to non-refugees persons validly and in some cases without any permission.
However after careful consideration of the pros and cons of the cases of the refugee land and in order to up date the relevant Records of Rights it is suggested that:
1. Survey of the land should be made in respect of refugee colony if not at all surveyed. The District R.R & R. establishment should also be involved in the exercise. The DLLRO shall take it up with the ADM (R.R.&R.) establishment should also be involved in the exercise. The DLLRO shall take it up with the ADM(R.R & R.)
2. The district R.R. & R. Office/Sub-divisional R.R. & R. Office shall be asked to prepare a list of all R.R. & R. lands their possession as per proforma given in Annexure ‘A’ within a reasonable time and should be collected by the District Land & Land Reforms Officer, and transmitted to the concerned S.D.L.&L.R.O. and B.L.&L.R.O. to do the needful recording in the R.R.&R. Khatian.
3. As the deeds have been preserved haphazardly in the district R.R. & R. Office monthly, it is best that an inventory of all the lease of all the leases/deeds should also be made by the district R.R.& R./Sub-Divisional R.R. & R. Office as per proforma given in Annexure ‘B’ within a reasonable time. This can be computerised also for easy access and should be collected by the District Land & Land Reforms Officer and transmitted to the concerned S.D.L. & L.R.O. and B.L. & L.R.O. to do needful recording.
4. Survey can be carried out immediately on the basis of preliminary reports as to the location of all R.R.&R. colonies and the settlement made on the basis of LOP (Land Outlay Plot no. of R.R.&R. Department) which would require patch kistwar for the whole colony and preparation of hal-sabek list of plot no.s for easy convenience. Survey can be done on the existing scale itself and new roads and other important features within the colony should be delineated without fail. R-O-Rs already framed should be cancelled as per the appropriate section under W.B.L.R. Act.
2. A gift deed is registered by the SDRRO with special powers by a process of conferment of right and title (CONRIT) in favour of a bonafide refugee and has a non transferable period of 10 years. After the lapse of 10 years the land can be transferred. In certain compassionate cases R.R. & R. Department may allow transfer before expiry of 10 years.
3. Land is also transferred to a refugee through free-hold right and deed (FHTD). The earlier lease deeds are now being converted into free hold title deed. Here also such deed bars any transfer within 10 years.
4. The R.R. & R. Department has also leased out its land to various Schools, Colleges, Clubs, Libraries, Markets, Fisheries etc. from time-to-time to various individuals or agencies also on long-term settlement basis. Here also there is a bar for transfer without prior permission of the R.R. & R. Department.
In a Proceeding with L.R. Department & R.R. & R. Department it was clearly stated that land acquired by the R.R. & R. Department and subsequently transferred to the refugees by dint of CONRIT or free hold title deed should be recorded in the name of R.R. & R. Department first and then khatians should be opened in the name of F.H.T.D. holder on the basis of possession and deed.
In fact, it is observed that the lands of the erstwhile squatter’s colonies were allotted to refugees as per layout and plan made by the R.R. & R. Department. But in 90% of the cases the said refugee are occupying land according to their own sweet will.
Secondly in most of the cases the refugees have already sold their lands to non-refugees persons validly and in some cases without any permission.
However after careful consideration of the pros and cons of the cases of the refugee land and in order to up date the relevant Records of Rights it is suggested that:
1. Survey of the land should be made in respect of refugee colony if not at all surveyed. The District R.R & R. establishment should also be involved in the exercise. The DLLRO shall take it up with the ADM (R.R.&R.) establishment should also be involved in the exercise. The DLLRO shall take it up with the ADM(R.R & R.)
2. The district R.R. & R. Office/Sub-divisional R.R. & R. Office shall be asked to prepare a list of all R.R. & R. lands their possession as per proforma given in Annexure ‘A’ within a reasonable time and should be collected by the District Land & Land Reforms Officer, and transmitted to the concerned S.D.L.&L.R.O. and B.L.&L.R.O. to do the needful recording in the R.R.&R. Khatian.
3. As the deeds have been preserved haphazardly in the district R.R. & R. Office monthly, it is best that an inventory of all the lease of all the leases/deeds should also be made by the district R.R.& R./Sub-Divisional R.R. & R. Office as per proforma given in Annexure ‘B’ within a reasonable time. This can be computerised also for easy access and should be collected by the District Land & Land Reforms Officer and transmitted to the concerned S.D.L. & L.R.O. and B.L. & L.R.O. to do needful recording.
4. Survey can be carried out immediately on the basis of preliminary reports as to the location of all R.R.&R. colonies and the settlement made on the basis of LOP (Land Outlay Plot no. of R.R.&R. Department) which would require patch kistwar for the whole colony and preparation of hal-sabek list of plot no.s for easy convenience. Survey can be done on the existing scale itself and new roads and other important features within the colony should be delineated without fail. R-O-Rs already framed should be cancelled as per the appropriate section under W.B.L.R. Act.
