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Land transfer in trust’s name against rules
Rakesh Lohumi/TNS

Illegal mutation?

The fact that the mutation of the land was effected in contravention of the Land Ceiling Act and Section 118 of the State Land Reforms and Tenancy Act came to light only recently when Arki MLA Gobind Sharma raised the issue in the Himachal Pradesh Assembly

Shimla, September 12
The district administration is smelling a “land scam” in the transfer of 280 bighas of prime property in Mashobra on the outskirts of the city to a private trust in violation of the law over 20 years after mutation was effected.

Originally owned by Harinder Singh, Maharaja of Faridkot, the land was transferred in the name of the Maharawal Khewaji Trust, Mashobra, in 1990.

However, the fact that the mutation was effected in contravention of the Land Ceiling Act and Section 118 of the State Land Reforms and Tenancy Act came to light only recently when Arki MLA Gobind Sharma raised the issue in the state Assembly.

Under the Land Ceiling Act, the maximum limit of land that can be held by an individual or a trust is 150 bighas, but in this case the quantum is almost double.

Further, the trust is a non-entity and prior permission of the government is required under Section 118, which debars non-agriculturists from acquiring land in the state. Both these laws have been violated.

Given the value of property, which is now worth hundreds of crores, the authorities are suspecting connivance of revenue officials who cannot be so naïve to be ignorant of the two most important land laws of the state.

Maharaja Harinder Singh had bequeathed the property to the trust and taking permission from the government under Section 118 is the first step in such cases.

It is quite intriguing that the revenue officials concerned overlooked it. There have been instances of individuals purchasing land on the basis of a fake agriculturist certificate, but there is no such scope in case of a trust.

Deputy Commissioner Arun Sharma said prima facie the mutation of land was illegal and he had asked the SDM concerned to conduct an inquiry and fixed the responsibility on revenue officials responsible for the violation of the norms.

There was a provision for vesting land transferred illegally in the government.

Action would be taken first under the Land Ceiling Act and the land in excess of the permissible limit of 150 bighas would be vested in the government. Thereafter, proceedings would be initiated under the Land Reforms and Tenancy Act for acquiring land without obtaining mandatory permission under Section 118.

Sharma said a show-cause notice would be issued soon to the trustees for violation of Section 118 and further action would be taken in the mater thereafter.

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