4 June, Delhi:The Government today issued a series of guidelines simplifying the procedure for hiring or requisition of lands and buildings by the Armed Forces in Jammu &Kashmir. The decision to issue the guidelines follows various representations from discontented owners whose properties were occupied by the Armed Forces and there was delay in regularization of occupation of such properties due to various operational reasons.
As far as hiring of lands or buildings are concerned, under the new guidelines, normally, no land or building should be occupied by the Armed Forces without completion of hiring formalities. However, whenever their occupation becomes inevitable without first completion of the formalities, in the case of buildings, the Board of Officers should be convened promptly and proceedings completed within a period of sixty days from the date of occupation of the building. In the case of occupation of land, the intimation thereof should be given immediately to the concerned DEO and to the Station Headquarters so that the Board of Officers for regularization of occupation of land is convened within a period of one month from the date of such occupation.
In the case of land, the Board Proceedings should be completed within a period of 60 days. Thereafter the case should immediately be processed for issue of administrative approval/sanction for hiring of the land by the Competent Authority. The administrative approval/sanction should be issued within another 60 days. The CDA or his representative should be included as a member of the Board of Officers. While taking the willingness of the owner for hiring of his land/house/building, the lease agreement should be got signed from him at that stage/time itself. It may signed by the DEO after issue of administrative approval/sanction by the Competent Authority for hiring of the land/building. The CDA shall not insist on vetting of the lease agreement after its representative has participated in the Board of Officers Proceedings. The Unit Accountant can vet the lease agreement. After the administrative approval/sanction has been issued for hiring of land/building, it should be ensured that payment to the landlord/landowner is made within a period one month after getting the cash assignment released from CDA and after completion of necessary formalities. In the case of buildings, where there is delay in signing of lease agreement, the payment of due rental compensation/compensation will be released by the DEO, provisionally, as per provisions in Unit Accountant’s manual, upto a period of three months from the date of hiring of building without signing of the lease agreement, beyond which specific approval of CDA may be obtained for such payment.
In the case of requisition of land, normally, no land should occupied by the Armed Forces without completion of requisitioning formalities. However, whenever such occupation becomes inevitable without completion of requisitioning procedures/formalities, the intimation thereof should be given immediately to the concerned Defence Estates Officer and to Station Headquarters so that the Board of Officers for regularization of occupation of land is convened within a period of one month from the date of such occupation. The Board Proceedings should be completed within a period of 60 days. Thereafter the case should immediately be processed for issue of administrative approval/sanction for requisitioning of land by the Competent Authority. Administrative approval/sanction should be issued within another 60 days. After the issue of administrative approval/sanction, Defence Estates Officer should immediately place a demand with the DC for completion of requisitioning formalities and issue of Requisition Order. In case of Requisition Order is not issued by the DC within a period of one month from the date of demand in this regard was placed by the DEO with DC, then 80 % of the rental compensation, as indicated in the administrative approval/sanction for requisitioning of land issued by the Competent Authority, may be released by DEO, after completion of necessary formalities, in cases where the land is already under occupation of Armed Forces, to the DC who may disburse it in due course as per laid down procedures/rules.
In yet another decision, the MoD also delegated enhanced power substantially in favour of local commanders of the Army and officials of Defence Estates for speedy disposal of rentals at the ground level. It may be recalled that MoD had enhanced the rentals for requisitioned/acquisitioned land in J&K to two to five times the prevailing rates on April 04, 2008. The current decision will go a long way in expediting the disposal of rental claims.