iii) If vested how it is vested, Whether it is under W.B.E.A. Act, 1953 or W.B.L.R. Act, 1955.
iv) Whether there is any case against vesting of land in any Court of Law of W.B.L.R.T.T. and whether the matter of vesting is still sub-judice.
v) Whether the land proposed for transfer is free from encroachment.
5. If the land proposed for transfer belongs to any Department of the State Government other than the Land & Land Reforms Department, then such land owing Department should first relinquish the land in favour of the Land & Land Reforms Department by issuing a formal relinquishment order containing detailed schedule of land with plot wise break up, so relinquished, together with sketch map. It shall be the responsibility of the ‘Requiring Body’ to get land relinquished.
6. The classification of land should be mentioned and it should also be mentioned specially whether such recorded classification actually means agri-land or non-agri-land.
7. Agri-land can not be considered for transfer unless the present mode of use of such agri-classified land is non-agri. In that case, a spot verification report of the concerned B.L.L.R.O. or of any competent officer as may be authorised by the B.L.L.R.O. is required.
8. Forest land, tribal land, Barga-affected land will not be considered for transfer. Generally, water-body will also not be considered for transfer. However, if any Department of the State Government submits proposal to the Land & Land Reforms Department seeking inter-department transfer of any water body then such water-body may be considered for transfer to that Department subject to submission of an Undertaking by that Department that the nature and character of such water body will not be changed under any circumstances. Land classified as ‘orchard’ will not be considered for transfer to any Department of State Government. However, if the present status of the ‘orchard’ class of land is not orchard and if it is possible to change the character of such orchard class of land appropriately to a non-Agri class as per due procedure of law then such land may be considered for transfer to any Department of the State Government if such change of classification is recorded in the R-O-R and authenticated copy thereof is produced with the proposal.
9. Patta land will not be considered for transfer unless and until such Patta is annulled by the concerned SDO as per due procedure of law and there is no Court case against such annulment. Even in case of annulment, authenticated copy of the proceedings of annulment should be furnished.
10. If the Government land proposed for transferred is a road side land then before initiating such proposal it should be ensured that public interest like maintenance or broadening of the road will not be affected by such transfer. Necessary clearance from the PWD Authority or NHAI Authority of the Zilla Parishad as the case may be, should be obtained before initiating any proposal for inter-departmental transfer of road side Government land.
11. Land will be transferred to the concerned Department, free of cost, if the purpose for which the land is required is non-commercial in nature. If the land is required by any Department for commercial purpose, such Department will have to pay full market value of the land. Therefore, at the time of furnishing any formal proposal for inter-departmental transfer of Government land to the Land & Land Reforms Department, the concerned Department who requires land should mention whether the purpose for which the land is required is a commercial purpose or a non-commercial purpose. If the land is required for a particular project, Detailed Project Report should be submitted by the concerned Department showing therein, inter alia, justification of extent of land required and statement of Income & Expenditure.
12. Report on valuation of land together with sale data containing counter-signature of the DLLRO with due certificate, as required, should be sent with the proposal.
13. Specific answer with supporting documents and/or relevant papers as the case may be on the aforesaid 12 points should be furnished with the proposal for inter-departmental transfer of land.
The concerned A.D.M. and D.L. & L.R.O. will send copy of this order to all the SDL&LROs and BLLROs under his jurisdiction, without fail and without any delay.
iv) Whether there is any case against vesting of land in any Court of Law of W.B.L.R.T.T. and whether the matter of vesting is still sub-judice.
v) Whether the land proposed for transfer is free from encroachment.
5. If the land proposed for transfer belongs to any Department of the State Government other than the Land & Land Reforms Department, then such land owing Department should first relinquish the land in favour of the Land & Land Reforms Department by issuing a formal relinquishment order containing detailed schedule of land with plot wise break up, so relinquished, together with sketch map. It shall be the responsibility of the ‘Requiring Body’ to get land relinquished.
6. The classification of land should be mentioned and it should also be mentioned specially whether such recorded classification actually means agri-land or non-agri-land.
7. Agri-land can not be considered for transfer unless the present mode of use of such agri-classified land is non-agri. In that case, a spot verification report of the concerned B.L.L.R.O. or of any competent officer as may be authorised by the B.L.L.R.O. is required.
8. Forest land, tribal land, Barga-affected land will not be considered for transfer. Generally, water-body will also not be considered for transfer. However, if any Department of the State Government submits proposal to the Land & Land Reforms Department seeking inter-department transfer of any water body then such water-body may be considered for transfer to that Department subject to submission of an Undertaking by that Department that the nature and character of such water body will not be changed under any circumstances. Land classified as ‘orchard’ will not be considered for transfer to any Department of State Government. However, if the present status of the ‘orchard’ class of land is not orchard and if it is possible to change the character of such orchard class of land appropriately to a non-Agri class as per due procedure of law then such land may be considered for transfer to any Department of the State Government if such change of classification is recorded in the R-O-R and authenticated copy thereof is produced with the proposal.
9. Patta land will not be considered for transfer unless and until such Patta is annulled by the concerned SDO as per due procedure of law and there is no Court case against such annulment. Even in case of annulment, authenticated copy of the proceedings of annulment should be furnished.
10. If the Government land proposed for transferred is a road side land then before initiating such proposal it should be ensured that public interest like maintenance or broadening of the road will not be affected by such transfer. Necessary clearance from the PWD Authority or NHAI Authority of the Zilla Parishad as the case may be, should be obtained before initiating any proposal for inter-departmental transfer of road side Government land.
11. Land will be transferred to the concerned Department, free of cost, if the purpose for which the land is required is non-commercial in nature. If the land is required by any Department for commercial purpose, such Department will have to pay full market value of the land. Therefore, at the time of furnishing any formal proposal for inter-departmental transfer of Government land to the Land & Land Reforms Department, the concerned Department who requires land should mention whether the purpose for which the land is required is a commercial purpose or a non-commercial purpose. If the land is required for a particular project, Detailed Project Report should be submitted by the concerned Department showing therein, inter alia, justification of extent of land required and statement of Income & Expenditure.
12. Report on valuation of land together with sale data containing counter-signature of the DLLRO with due certificate, as required, should be sent with the proposal.
13. Specific answer with supporting documents and/or relevant papers as the case may be on the aforesaid 12 points should be furnished with the proposal for inter-departmental transfer of land.
The concerned A.D.M. and D.L. & L.R.O. will send copy of this order to all the SDL&LROs and BLLROs under his jurisdiction, without fail and without any delay.
Joint Secretary of the
Government of West Bengal.
Government of West Bengal.
