Proposition

Provisions which deals with allotment of plots, houses

Provisions of law

S.no Act Provision

1 Punjab (Welfare 3. Eligibility for allotment of land.—(1) Any
and Settlement landless, marginal or small farmer in cultivating
of Landless, possession and occupation of land shall be
Marginal and eligible for allotment of land not exceeding five
Small Occupant acres in accordance with the provisions of this
Farmers) Act.
Allotment of
State (2) An application for allotment of land under the
Government provisions of this Act shall be made to the
Land Act, 2020 Allotment Commissioner in such manner, as may
be prescribed.

2 Bihar 3. Cancellation of allotment.— If any

Government Government premises is required for any public
Premises purpose, the competent authority may,
(Allotment Rent notwithstanding anything contained in any other
Recovery and law for the time being in force, cancel the
Eviction) Act, allotment under which such premises is held or
1956 occupied by a person:

Provided that before cancelling the allotment

under this Section, the competent authority shall
require such person to show cause within fifteen
days why the allotment should not be cancelled.

3 Displaced 19. Power to vary or cancel leases or allotment of

Persons any property acquired under this Act.—
(Compensation (1) Notwithstanding anything contained in any
and contract or any other law for the time being in
Rehabilitation) force but subject to any rules that may be made
Act, 1954 under this Act, the managing officer or managing
corporation may cancel any allotment or terminate
any lease or amend the terms of any lease or
allotment under which any evacuee property
acquired under this Act is held or occupied by a
person, whether such allotment or lease was
granted before or after the commencement of this
Act.

1[(2) Where any person—

(a) has ceased to be entitled to the possession of

any evacuee property by reason of any action
taken under sub-section (1), or

(b) is otherwise in unauthorised possession of any

evacuee property or any other immovable
property forming part of the compensation pool;

he shall, after he has been given a reasonable

opportunity of showing cause against his eviction
from such property, surrender possession of the
property on demand being made in this behalf by
the managing officer or managing corporation or
by any other person duly authorised by such
officer or corporation.]

(3) If any person fails to surrender possession of

any property on demand made under sub-section
(2), the managing officer or managing corporation
may, notwithstanding anything to the contrary
contained in any other law for the time being in
force, eject such person and take possession of
such property and may, for such purpose, use or
cause to be used such force as may be necessary.

2[(4) Where a managing officer or a managing

corporation is satisfied that any person, whether
by way of allotment or lease, is, or has at any time
been, in possession of any evacuee property
acquired under this Act to which he was not
entitled, or which was in excess of that to which
he was entitled, under the law under which such
 allotment or lease was made or granted, then,
without prejudice to any other action which may
be taken against that person, the managing officer
or the managing corporation may, having regard
to such principles of assessment of rent as may be
specified in this behalf by the Central
Government, by order, assess the rent payable in
respect of such property and that person shall be
liable to pay the rent so assessed for the period for
which the property remains or has remained in his
possession:

Provided that no such order shall be made without

giving to the person concerned a reasonable
opportunity of being heard.

(5) Where any person is, or has at any time been,

in unauthorised possession of any evacuee
property acquired under this Act, the managing
officer or the managing corporation may, having
regard to such principles of assessment of
damages as may be specified in this behalf by the
Central Government, assess the damages on
account of the use and occupation of such
property and may, by order, require that person to
pay the damages within such time and in such
instalments as may be specified in the order:

Provided that no such order shall be made without

giving to the person concerned a reasonable
opportunity of being heard.]

4 Andhra Pradesh Reservation and Allotment of Land for Various

Metropolitan Purposes in Land Pooling Scheme.—(1) The
Region and reservation and allotment of land for various
Urban purposes in the Land Pooling Scheme may be as
Development specified below:—
Authorities Act,
2016 (a) reservation of land to an extent of ten percent
of total scheme area for parks, playgrounds,
gardens and open spaces;
 (b) allotment of land for roads and utility services
to an extent of thirty percent of total scheme area;

(c) allotment of land to an extent of five percent

of total scheme area for social amenities such as
school, dispensary and other community facilities:

(d) allotment of land to an extent of five percent

of total scheme area for providing affordable
housing for the poor;

(e) a share of total area of the scheme specified by

the Authority for reconstituted plots [Final Plot],
for re-allotment to the Land Owners;

(f) a share of total area of the scheme specified by

the Authority in lieu of the cost of development
towards the provision of infrastructure and
amenities and other costs and expenses to be
incurred for the Scheme and external trunk
infrastructure for reallotment to the Authority.
The Authority may use this allotted land for
residential or commercial or public or semipublic
or any other purposes as may be approved by the
Authority:

Provided that the percentage of the allotment of

land as specified in Clauses from (b) to (d) may
be altered by the Authority while preparing the
Land Pooling Scheme depending upon the nature
of existing and proposed development, sanctioned
development plans and for the reasons to be
recorded in writing.

(2) The area of the Land Pooling Scheme shall be

as notified by the Authority under Section 29 of
the Act.

5 Assam Evacuee Section 5. Provisions as to allotments

Property Act,
 1951 S
5. Provisions as to allotments.—(1) No allotment
shall be made—

(a) where the evacuee property consists of

residential or business premises or vacant land
situated within an urban Area—for a period
extending beyond the 7th day of February, 1951;

(b) where the evacuee property consists of land or

homestead used for or in connection with
agricultural purposes—for a period extending
beyond the 7th day of February, 1951.

(2) An allotment and the terms and conditions

thereof shall be binding on the evacuee in respect
of whose evacuee property the allotment has been
made, and also on the Committee but only for the
period for which the allotment is made.

(3) Nothing in this Act shall be deemed to confer

on any person to whom an allotment is made, any
transferable right or the status of a tenant or of a
lessee.

(4) No person to whom an allotment of any

evacuee property is made, shall remain on such
property after the expiry of the period of allotment
and any person so remaining, shall, if a Deputy
Commissioner's Order in respect of such property
is in forge, be deemed to be wrongfully using or
occupying such property within the meaning of
clause (b) of sub-section (2) of section 4.

6 Mizoram (Land Section 40. Allotment of House-sites to be

Revenue) Act, Regulated
2013
S 40. Allotment of House-sites to be Regulated.—
Allotment of house-sites by a Village Council or
by the Revenue Officer concerned shall be done
in a prescribed manner.
7 Punjab Industrial Section 8. Application for and allotment of houses
Housing Act,
1956 S 8. Application for and allotment of houses.—
(1) An application for allotment of houses shall be
made in such form as may be prescribed.

(2) Allotment of houses shall be made by the

Labour Commissioner in such manner as may be
prescribed.

8 Goa Co- Section 104. Allotment of plots, dwelling units

operative and commercial units
Societies Act,
2001 S
104. Allotment of plots, dwelling units and
commercial units.— (1) Every member of a
society, whether registered before or after the
commencement of this Act, to whom plots of
land, dwelling units or commercial units have
been allotted, shall be issued certificate of
allotment by the society under its seal and
signature in such form as may be prescribed.

(2) Any allotment (including re-allotment) of a

plot of land or dwelling unit or commercial unit in
a building of a Co-operative housing society to its
member in accordance with its bye-laws shall
entitle such member to hold such plot of land or
dwelling unit or commercial unit with such title or
interest as may be specified in the bye-laws and
the certificate of allotment shall be conclusive
evidence of such title or interest in favour of such
member.

(3) A member of a Co-operative housing society

shall not be entitled to any title or interest in any
plot of land or dwelling unit or commercial unit in
a building of the society until he has made such
payment as may be specified by the society
towards the cost of such plot of land or
construction of such dwelling unit or commercial
unit or both, as the case may be, to the Co-
operative housing society.

(4) The right, title and interest in a plot of land or

dwelling unit or commercial unit in a building of
the society (including the undivided interest in
common areas and facilities) shall constitute a
heritable and transferable immovable property
within the meaning of any law for the time being
in force:

Provided that notwithstanding anything contained

in any other law for the time being in force, such
land or building shall not be partitioned for any
purpose whatsoever.

(5) Every member of a Co-operative housing

society shall be entitled to an undivided interest in
the common areas and facilities pertaining to the
plot of land or dwelling unit or commercial unit
allotted to him.

(6) Every member of a Co-operative housing

society in whose favour a plot of land or a
dwelling unit or commercial unit has been allotted
shall have the right to use the common areas and
facilities as aforesaid for the purpose for which
they are intended without interfering with or
encroaching upon the lawful rights of other
members in whose favour similar allotment has
been made.

(7) The work relating to the maintenance, repair

and replacement of the common areas and
facilities (including additions or improvements
thereto) shall be carried out in accordance with
the bye-laws of the Co-operative housing society
and the building rules of the concerned
municipality, or other competent authority, as the
case may be, and the costs thereof shall be
apportioned amongst the members of the Co-
 operative housing society in such manner as may
be specified in the bye-laws of that society.

9 Rajasthan 71. Allotment, regularization etc. of certain lands.

Municipalities —
Act, 2009
(1) All lands which are deemed to have been
placed at the disposal of a Municipality under
section 90-B of the Rajasthan Land Revenue Act,
1956 (Act No. 15 of 1956) upon resumption or
surrender of tenancy rights and interest of
Khatedars thereof, as the case may be, shall be
available for allotment or regularization
preferably to the persons having possession on the
basis of the documents referred to in sub-section
(1) of the said section 90-B or as the case may be
to the person who surrendered the land under sub-
section (3) of the said section 90-B, on such terms
and conditions and after examining their
eligibility for allotment and subject to payment to
the Municipality of such charges or premium or
both as the case may be, and at such rates as may
be prescribed by the State Government in this
behalf:

Provided that no allotment or regularization of

any land shall be made which has been duly
earmarked for public utilities or services such as
park, nursery, civil or military aviation, bus-stand,
transport terminal, railways, public roads, high-
ways, footpath, sewage lines, water supply,
electricity supply, telephone lines, hospital,
school, educational institution, university,
cremation ground, grave-yard and for such other
purposes as the State Government may specify by
notification in the Official Gazette.

(2) The charges realized under sub-section (1)

shall be credited to the Consolidated Fund of the
State and the fund of the Municipality as may be
determined by the State Government.
10 Orissa Industrial Section 7. Allotment of house and conditions
Housing Act, therefor
1966
S 7. Allotment of house and conditions therefor.
— The allotment of houses shall be made in the
prescribed manner by the Housing Commissioner
on an application made in that behalf and shall be
subject to such terms anti conditions as they be
prescribed.

11 Tripura Land Section 14. Allotment of land

Revenue and
Land Reforms S 14. Allotment of land.— (1) The Collector may
Act, 1960 allot land belonging to the Government for
agricultural purposes or for construction of
dwelling houses, in accordance with such rules as
may be made in this behalf under this Act; and
such rules may provide for allotment of land to
persons evicted under section 15.

(2) The 1[State Government] shall have power

(a) to allot any such land for the purpose of an

industry or for any purpose of public utility on
such conditions as may be prescribed, or

(b) to entrust the management of any such land or

any rights therein to the gram pane hay at of
village established under any law for the time
being in force.

2[(3) The rules under sub-sections (1) and (2) for

allotment of land shall provide for giving
preference to the members of the co-operative
farming societies formed by marginal farmers,
landless agricultural labourers, jumias and
members of the Scheduled Tribes and Scheduled
Castes in allotting land.]
12 Maharashtra 154-B-26. Allotment of plots, flats or houses
Cooperative through draw of lots.—
Societies Act, (1) Except when there is a contract to the
1960 contrary, allotment of plots of land, flats, house or
other dwelling units shall be made by the
Committee of a housing society to the Members
strictly on the basis of draw of lots in respect of
such Members whose enrollment as a Member of
a housing society is found proper in accordance
with provisions of this Act and rules framed
thereunder and the bye-laws of a housing society
duly registered.

(2) Every Member of a housing society, whether

registered before or after the commencement of
the Maharashtra Co-operative Societies
Amendment) Act, 2019 (Mah. XXIII of 2019), to
whom plots, flats, houses or other dwelling units
have been allotted, shall be issued certificate of
allotment by the co-operative housing society
under its seal and signature in such form, on such
terms and on such conditions as may be
prescribed. Such certificate shall be issued
forthwith when all the dues as may be determined
and notified by the housing society are duly paid
by the Member.

13 Manipur Land Section 14. Allotment of land

Revenue and
Land Reforms S 14. Allotment of land.—(1) The deputy
Act, 1960 commissioner may allot land belonging to the
Government for agricultural purposes or for
construction of dwelling houses, in accordance
with such rules as may be made in this behalf
under this Act; and such rules may provide for
allotment of land to persons evicted under Section
15.

(2) The Administrator shall have power—

(a) to allot any such land for the purpose of an

 industry or for any purpose of public utility on
such conditions as may be prescribed, or

(b) to entrust the management of any such land or

any rights therein to the Gram Panchayat of the
village established under any law for the time
being in force.

14 Ajmer Section 49. Allotment, regularisation, etc. of

Development certain lands
Authority Act,
2013 S
49. Allotment, regularisation, etc. of certain lands.
— (1) Any land deemed to have been placed at
the disposal of the Authority under Section 90-A
of the Rajasthan Land Revenue Act, 1956 (Act 15
of 1956) shall be available for allotment or
regularisation by the Authority to the person or
persons, as the case may be, specified in that
section subject to the terms and conditions
prescribed, and on payment to the Authority of
the urban assessment or premium or both leviable
and recoverable, under that section.

(2) The charges realised under sub-section (1)

shall be credited to the Consolidated Fund of the
State and to the fund of the Authority as may be
determined by the State Government