Settlement of Government Lands and Vested Lands Under Litigation (Govt of West Bengal Notification)

Guidelines for Settlement of Government Lands and Vested Lands Under Litigation

WB (Part-I)/2025/542

WB/SC-247
The Kolkata Gazette
Notification No. 4118-LP/1A-04/25
सत्यमेव जयते

EXTRAORDINARY

Published by Authority
Date: 02.12.2025

PART I – Orders and Notifications by the Governor of West Bengal, the High Court, Government Treasury, etc.

GOVERNMENT OF WEST BENGAL

Department of Land & Land Reforms and Refugee Relief & Rehabilitation
Land Policy Branch, ‘NABANNA’
325, Sarat Chatterjee Road, Howrah-711102

NOTIFICATION

No. 4118-LP/1A-04/25
Date: 02.12.2025

Subject: Guidelines for Settlement of Government Lands and Vested Lands Under Litigation

Whereas a large number of land-vesting proceedings initiated by the State under the West Bengal Estates Acquisition Act, 1953 and the West Bengal Land Reforms Act, 1955 are currently under challenge before various Courts—including the Hon’ble Supreme Court of India, the High Court at Calcutta, and the West Bengal Land Reforms & Tenancy Tribunal—and remain sub-judice;

And whereas such litigation has continued for many years, consuming substantial judicial time and significant financial resources for the State in pursuing these cases before multiple judicial fora;

And whereas in several cases, litigants or claimants of such land parcels have approached the Government seeking early resolution of their disputes, expressing their willingness to comply with the Government’s rules and procedures;

And whereas large tracts of land remain unproductive while litigation continues, depriving the State of potential revenue, preventing productive use of land, and exposing such land to risks of encroachment;

And whereas the State Government, having examined such requests, considers it in public interest to provide an opportunity for litigants/applicants to approach the Government for settlement of lands under litigation in accordance with the State’s rules on long-term land settlement;

And whereas such a mechanism will reduce the litigation burden and costs for the Government, generate revenue through settlement, and free substantial land for productive use, facilitating investment and socio-economic development in the State;

And whereas the following existing statutory provisions provide for settlement of Government and vested land among private individuals and entities:

Section 6(1) and 6(3) of the West Bengal Estates Acquisition Act, 1953, read with Form-1 (Schedule F) under the West Bengal Estates Acquisition Rules, 1954;
Sections 49 and 52 of the West Bengal Land Reforms Act, 1955;
Rule 216 read with Rule 238 of the West Bengal Land & Land Reforms Manual, 1991;
Paragraph 3 and relevant provisions of the State’s Land Allotment Policy, 2012;

And whereas, in order to ensure equal opportunity and a transparent process, the Government considers it necessary to issue Guidelines for Settlement of Government/Vested Lands under Litigation;

Now, therefore, the State Government hereby issues the following guidelines and principles:

1. Lands Covered Under These Guidelines

The following categories of land will come under the purview of these guidelines:

Lands vested to the State under:
- the West Bengal Estates Acquisition Act, 1953, and
- the West Bengal Land Reforms Act, 1955,
and which are subject to litigation initiated prior to 26.12.2012, i.e., before notification of the State’s Land Allotment Policy.

Exceptions:

These guidelines shall not apply to:

i. Vested lands already settled through pattas, leasehold rights, etc.;
ii. Resumed tea-garden lands under Section 6(3) of the West Bengal Estates Acquisition Act, 1953;
iii. Lands relating to sairati interests or similar State interests;
iv. Lands with existing easement rights;
v. Lands involved in the Bhumijibi Sangha case pending before the Supreme Court of India or any other case involving substantial questions of law where State interests require protection.

2. Eligible Applicants

The following categories of persons claiming right or interest in Government/vested land that is under litigation may apply for long-term settlement:

i. Erstwhile raiyats or intermediaries;
ii. Transferees or successive transferees from such persons, or their nominees, irrespective of whether the transfer occurred post-vesting;
iii. Holders of registered development agreements executed by such raiyats/intermediaries or their transferees, subject to:

written consent of the registered title holder, and
agreement to pay stamp duty and registration fees applicable for conveyance at current market value, in addition to settlement fees.

A lessee granted long-term settlement may opt to convert the leasehold to freehold on payment of applicable conversion fees.

3. Conditions for Grant of Long-Term Settlement

Upon examination of each case and ensuring protection of State revenue interests, the State Government may grant settlement subject to:

(i) 99-Year Lease

Salami: 95% of current market value
Annual rent: 0.3% of current market value

(ii) 30-Year Lease

Salami: 40% of current market value
Annual rent: 4% of current market value

(iii) Concessional Settlement for Industrial Purposes

For ceiling-surplus land acquired/purchased for industrial purposes and subsequently vested:

Salami: 2%
Annual rent: 0.3%
Lease period: 99 years
Subject to recommendation from the relevant industry-related department (e.g., MSME&T, Industry Commerce & Enterprise).

(iv) Conversion to Freehold

Conversion fees:

15% of current market value for 99-year LTS;
70% of current market value for 30-year LTS;
For concessional settlements at 2% salami: 7%, minus salami already paid.

(v) Payment of Past Dues

Payment of applicable annual rent/land revenue, including interest, for the period of possession or as decided by the State Government.

(vi) Withdrawal of Litigation

Applicants must withdraw all pending cases and submit:

orders permitting withdrawal/disposal, and
an Affidavit/Indemnity Bond affirming absence of pending litigation relating to the land.

4. Procedure

All applications shall be scrutinized by the Department of Land & Land Reforms & Refugee Relief & Rehabilitation.
A Public Notice shall be issued through the Information & Cultural Affairs Department to inform the public of the proposed settlement.