Restriction on transfer of land in Kolkata Salt Lake withdrawn
During 1958 – 1965 the Salt lake city area in Calcutta (presently Kolkata) was developed by Irrigation and Waterways Department of Government of West Bengal, which since 1991 came to be known as Urban Development Department. In 1970s the area was plotted and about 13,000 residential plots were allotted on lease of 999 years tenure to enable the middle class to settle in the township. One of the several conditions of the leasehold right was that it can only be inherited or gifted to near blood relations. The owners (Lessees) won’t be able to sell or transfer their plots. Though the plots were not legally transferable but sale and transfer of property was rampant in clandestine way under the garb of long term rent contract, Power of Attorney, Will combined with POA etc.
Due to such illegal and purported transfers Government was losing revenue. Moreover a large number of applications were also received by Urban Development Department to consider transfer of non-residential and commercial plots on merits and on case-to case basis. During the year 2005-06 several notifications were issued by Urban Development department laying down parameters for change of leasehold rights in respect of non-residential, commercial plots against payment of fee.
However, till June 2012, transfer of residential plots was not allowed. In order to stem the illegal trade in residential plots in the area and to earn revenue by legalizing transfer of leasehold rights urban Development Department. Govt. of West Bengal issued a notification allowing transfer of residential plots by paying a transfer fee of Rs.5 lakhs per cottha, and subject to certain checks and balances.
Procedure for such intended transfer: – Persons desiring to transfer their leasehold right will have to apply to Urban Development Department. The application will be checked and verified by Bidhannagar Municipality and concerned police station. Thereafter eligible applications will be forwarded to urban development department which will check and verify lease transfer application and gives permission.
Norms, Checks and Balances: – The desired transfer will be for unexpired lease period only. No transfer fee would be payable in case of transfer of leasehold rights in favor of own parents, spouse, children and blood relations. All the terms and conditions of the original lease deed executed between the government and the lessee of the residential plots or building shall also apply to the person who is buying the leasehold right. It will also apply to all subsequent transfers as well. It has also been decided that the same will be applicable for plots that have already been sold or transferred.
The government expects to earn revenue of more than Rs 1,000 crore through this process – regularizing the sale of unsold plots and legalizing the earlier sales.
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