A view of the Rajiv Nagar Colony. Picture by Ashok Sinha

Patna, July 7: A 36-year-old dispute over 1024.52 acres of land in Digha could be resolved soon. The state urban development department has framed rules for the settlement of land disputes in the area.

Sources said the urban development department had compiled a draft of Digha acquired land settlement rules. The draft would be presented before the state cabinet within a month. Once the cabinet gives its nod, these rules would be implemented with the help of Digha Acquired Land Settlement Act, 2010, within six months.

The state government had acquired plots in this area from farmers in 1974 at the rate of around Rs 2,200 per cottah. The state housing board had also deposited Rs 17.42 crore with the district magistrate of Patna for the acquisition of land. Bihar State Housing Board (BSHB) was supposed to develop the area. However, before the project could proceed, the former owners sold around 600 acres to other parties.

As a result the project could not proceed any further. Encroachers, who constructed building for residential as well as commercial purposes, occupy this land at present.

The remaining 400-acre is mostly vacant, with scattered settlement of encroachers.

According to Section 6 of Digha Acquired Land Settlement Act, the final settlement should be confined to the 600-acre area that comprises sectors 3,4,5,6,7,9,11 and 12.

According to Section 7 of the Act, BSHB shall be entitled to take possession of around 400 acre of land under sectors 1,2,5,8 and 10. The encroachers scattered on this land on the west of Ashiana-Dihga road would be relocated to an area of around 100 acres. The remaining 300acre would be developed by BSHB.

People, who had been allotted the land initially, would be given preference in the new project.

Sources said according to the proposed rules, the encroachers would be liable to pay compensation on the basis of their yearly income and the area on which they have carried out construction.

The encroachers have been categorised into four groups on the basis of their annual income — economically weaker sections (those who have annual income of up to Rs 1 lakh), lower income group (between Rs 1 lakh and Rs 2 lakh), medium income group (between Rs 2 lakh and Rs 5 lakh) and higher income group (income more than Rs 5 lakh per annum)

Encroachers would be liable to pay penalty on the cost of land acquisition, development cost, land purchase price from original landowners, land registration price and interest on loan, if any. Moreover, those who have constructed houses on an area more than the sanctioned limit under their income group would also be liable to pay compound surcharge at the rate of 1 per cent per square feet exceeding their limit.

People under the economically weaker section are entitled to plots of 630sqft, lower income group encroachers are entitled to plots of 990sqft, medium income group encroachers are entitled to plots of 1,430sqft and higher income group encroachers are entitled to plots of 1,830sqft.

Residents of this area are of the view that the penalty charged is too high.

“My father had purchased a 2cottah plot in this area from a private co-operative society for around Rs 25,000 in 1988. Now, if the government charges penalty from me under the proposed rules, I would have to cough up Rs 10 lakh. That’s just too much for me. I believe that more than 90 per cent of the people who have houses here would refuse to pay the penalty,” said Ravindra Kumar Singh, a resident of road number 25 of Rajeev Nagar.

Sources also said that all stakeholders in Digha, including former landowners and allotees would be accommodated by the proposed rules. No existing structure in the entire area would be demolished.

Original landowners would be paid an ex gratia amount on the basis of the current rate of the land.