Central Legislation 20 MARKS

LAND LAWS
Urban Land (Ceiling & Regulation) Act, 1976 – although it stands repealed by the
Centre, it
continues to remain in force in Maharashtra
Syllabus (i) Definitions-S/2
(ii) Ceiling Limit – S/4,
(iii) Power to Exempt & Schemes – S/20 to 22

AS Parliament has, no power to make laws for the States with respect to the matters
aforesaid except as provided in articles 249 and 250 of the Constitution; Short title,
applica_ tion and commencement. Defn L Lions. 2 Urban Land (Ceiling and Regulation)
LACT 33 AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution
resolutions have been passed by all the Houses of the Legislatures of the States of Andhra
Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab,
Tripura, Uttar Pradesh and West Bengal that the matters aforesaid should be regulated in
those States by Parliament by law;
PART XI : RELATIONS BETWEEN THE UNION AND THE STATES
CHAPTER I : LEGISLATIVE RELATIONS
Distribution of Legislative Powers
249 Power of Parliament to legislate with respect to a matter in the State List in
the national interest.
250 Power of Parliament to legislate with respect to any matter in the State List
if a Proclamation of Emergency is in operation.
252 Power of Parliament to legislate for two or more States by consent and
adoption of such legislation by any other State.
Art 249Power of Parliament to legislate with respect to a matter in the State List
in the national interest

(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has

(2) A resolution passed under clause ( 1 ) shall remain in force for such period not exceeding one yea

(3) A law made by Parliament which Parliament would not but for the passing of a resolution under cl
Art 250 Power of Parliament to legislate with respect to any matter in the State
List if a Proclamation of Emergency is in operation

(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is

(2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emer
Art 252 Power of Parliament to legislate for two or more States by consent and
adoption of such legislation by any other State

(1) If it appears to the Legislatures of two or more States to be desirable that any of the matters with

(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or
CHAPTER II
Sec 2 DEFINITIONS
a)"appointed day" means,-
(i) in relation to any State to which this Act applies in the
first instance, the date of introduction of the Urban Land (Ceiling
and Regulation) Bill, 1976 in Parliament; and
(ii) in relation to any State which adopts this Act under
clause (1) of article 252 of the Constitution, the date of such
adoption;

b) "building regulations" means the regulations contained in

the master plan, or the law in force governing the construction of
buildings;
c) "ceiling limit" means the ceiling limit specified in section 4; ------->>>sec
4>>>>>>>>>
Except as otherwise provided in this Act, on and from the commencement of this Act, no person shall be
entitled to hold any vacant land in excess of the ceiling limit in the territories to which
this Act applies under sub-section (2) of section 1.

SEC 1(2) means: It applies in the first instance to the whole of the States of Andhra
Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra,
Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and to all
the Union territories and it
shall also apply to such other State which adopts
this Act by resolution passed in that behalf under clause (1) of article 252
of the Constitution.

(Hold means-In common law systems, land tenure is the legal regime in which
land is owned by an individual, who is said to "hold" the land. The French verb
"tenir" means "to hold" and "tenant" is the present participle of "tenir")

(d)"competent authority" means any person or authority authorised by the State

Government, by notification in the Official Gazette, to perform the functions of the
competent authority under this Act for such area as may be specified in the notification
and different persons or authorities may be authorised to perform different functions;

(e) "dwelling unit", in relation to a building or a portion of a building, means a unit of

accommodation, in such building or portion. used solely for the purpose of residence;
(f) "family", in relation to a person, means the individual, the wife or husband, as the
case may be, of such individual and their unmarried minor children.
Explanation.-For the purpose of this clause, "minor" means a person who has not
completed his or her age of eighteen years;

(g) "land appurtenant", in relation to any building, means(i) in an area where there are
building regulations, the minimum extent of land required under such regulations to be
kept as open space for the enjoyment of such building, which in no case shall exceed five
hundred square metres; or (ii) in an area where there are no building regulations, an
extent of five hundred square metres contiguous to the land occupied by such building,
and includes, in the case of any building constructed before the appointed day with a
dwelling unit therein, an additional extent not exceeding five hundred square metres of
land, if any, contiguous to the minimum extent referred to in sub-clause (i) or the extent
referred to in sub-clause (ii), as the case may be;
(h) "master plan", in relation to an area within an urban agglomeration or any part
thereof, means the plan (by whatever name called) prepared under any law for the time
being in force or in pursuance of an order made by the State Government for the
development of such area or part thereof and providing for the stages by which such
development shall be carried out;
(i) "person" includes an individual, a family, a firm, a company, or an association or body
of individuals, whether incorporated or not;
(j) "prescribed" means prescribed by rules made under this Act;

(k) "State" includes a Union territory and "State Government", in relation to any land or
building situated in a Union territory or within the local limits of a cantonment declared as
such under section 3 of the Cantonments Act. 1924, means the Central Government:

(l) "to hold" with its grammatical variations, in relation to any vacant land, means(i) to
own such land; or (ii) to possess such land as owner or as tenant or as mortgagee or
under an irrevocable power of attorney or under a hirepurchase agreement or partly in
one of the said capacities and partly in any other of the said capacity or capacities.
Explanation.-Where the same vacant land is held by one person in one capacity and by
another person in another capacity, then, for the purposes of this Act, such land shall be
deemed to be held by both such persons;

(m) "Tribunal" means the Urban Land Tribunal constituted under section 12;
(n) "urban agglomeration",- (A) in relation to any State or Union territory specified in
column (1) of Schedule I, means,- (i) the urban agglomeration specified in the
corresponding entry in column (2) thereof and includes the peripheral area specified in the
corresponding entry in column (3) thereof; and
(ii) any other area which the State Government may, with the previous approval of the
Central Government, having regard to its location, population (population being more than
one lakh) and such other relevant factors as the circumstances of the case may require,
by notification in the
Official Gazette, declare to be an urban agglomeration and any agglomeration so declared
shall be deemed to belong to category D in that Schedule and the peripheral area
therefore shall be one kilometre;
(B) area which the State Government may, with the previous
approval of the Central Government, having regard to its location,
population (population being more than one lakh) and such
other relevant factors as the circumstances of the case may
require, by notification in the Official Gazette, declare to be an
urban agglomeration and any agglomeration so declared shall be
deemed to belong to category D in Schedule I and the peripheral
area therefor shall be one kilometre;
(o) "urban land" means,- (i) any land situated within the limits of an urban
agglomeration and referred to as such in the master plan; or (ii) in a case where there is
no master plan, or where the master plan does not refer to any land as urban land, any
land within the limits of an urban agglomeration and situated in any area included within
the local limits of a municipality (by whatever name called), a notified area committee, a
town area committee, a city and town committee, a small town committee,. a cantonment
board or a panchayat

but does not include any such land which is mainly used for the purpose of agriculture

Explanation.-For the purpose of this clause and clause (q),- (A) "agriculture" includes
horticulture, but does not include(i) raising of grass, (ii) dairy farming, (iii) poultry
farming, (iv) breeding of live-stock, and (v) such cultivation, or the growing of such plant,
as: may be prescribed;

(B) land shall not be deemed to be used mainly for the purpose of agriculture, if such land
is not entered in the revenue or land records before the appointed day as for the purpose
of agriculture: Provided that where on any land which is entered in the revenue or land
records before the appointed day as for the purpose of agriculture, there is a building
which is not in the nature of a farm-house, then, so much of the extent of such land as is
occupied by the building shall not be deemed to be used mainly for the purpose of
agriculture: Provided further that if any question arises whether any building is in the
nature of a farm-house, such question shall be referred to the State Government and the
decision of the State Government thereon shall be final;

(C) notwithstanding anything contained in clause (B) of this Explanation, land shall not be
deemed to be mainly used for the purpose of agriculture if the land has been specified in
the master plan for a purpose other than agriculture;

(p) "urbanisable land" means land situated within an urban agglomeration, but not
being urban land;
(q) "vacant land" means land, not being land mainly used for the purpose of agriculture,
in an urban agglomeration, but does not include(i) land on which construction of a
building is not permissible under the building regulations in force in the area in which such
land is situated; (ii) in an area where there are building regulations, the land occupied by
any building which has been constructed before, or is being constructed on, the appointed
day with the approval of the appropriate authority and the land appurtenant to such
building; and (iii) in an area where there are no building regulations, the land occupied by
any building which has been constructed before, or is being constructed on, the appointed
day and the (and appurtenant to such building:

Provided that where any person ordinarily keeps his cattle, other than for the purpose of
dairy farming or for the purpose of breeding of live-stock, on any land situated in a village
within an urban agglomeration (described as a village in the revenue records), then, so
much extent of the land as has been ordinarily used for the keeping of such cattle
immediately before the appointed day shall not be deemed to be vacant land for the
purposes of this clause.
CHAPTER III

Sec 20 POWER TO EXEMPT

Notwithstanding anything contained in any of the foregoing , provisions of this

Chapter,-
(a) where any person holds vacant land in excess of the ceiling limit and the State
Government is satisfied, either on its own motion or otherwise, that, having regard to the
location of such land, the purpose for which such land is being or is proposed to be used
and such other relevant factors as the circumstances of the case may require, it is
necessary or expedient in the public interest so to do, that Government may, by order,
exempt, subject to such conditions, if any, as may be specified in the order, such vacant
land from the provisions of this Chapter;

(b) where any person holds vacant land in excess of the ceiling limit and the State
Government, either on its own motion or otherwise, is satisfied that the application of the
provisions of this Chapter would cause undue hardship to such person, that Government
may. by order, exempt, subject to such conditions, if any, as may be specified in the
order, such vacant land from the provisions of this Chapter: Provided that no order under
this clause shall he made unless the reasons for doing so are recorded in writing.
(2) if at any time the State Government is satisfied that any of the conditions subject to
which any exemption under clause (a) or clause (b) of sub-section (1) is granted is not
complied with by any person, it shall be competent for the State Government to withdraw,
by order, such exemption after giving a reasonable opportunity to such person for making
a representation against the proposed withdrawal and thereupon the provisions of this
Chapter shall apply accordingly.
Sec 21 EXCESS VACANT LAND NOT TO BE TREATED AS EXCESS
IN CERTAIN CASES
(1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter,
where a person holds any vacant land in excess of the ceiling limit and such person
declares within such time, in such form and in such manner as may be prescribed before
the competent authority that such land is to be utilised for the construction of dwelling
units (each such dwelling unit having a plinth area not exceeding eighty square metres)
for the accommodation of the weaker sections of the society, in accordance with any
scheme approved by such authority as the State Government may, by notification in the
Official Gazette, specify in this behalf, then, the competent authority may, after making
such inquiry as it deems fit, declare such land not to be excess land for the purposes of
this Chapter and permit such person to continue. to hold such land for the aforesaid
purpose, subject to such terms and conditions as may be prescribed, including a condition
as to the time limit within which such buildings are to be constructed.

(2) Where any person contravenes any of the conditions subject to which the permission
has been granted under sub-section (1), the competent authority shall, by order, and
after giving such person an opportunity of being heard, declare such land to be excess
land and thereupon all the provisions of this Chapter shall apply accordingly
Sec 22 RETENTION OF VACANT LAND UNDER CERTAIN
CIRCUMSTANCES

(1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter,
where any person demolishes any building on any land held by him or any such building is
destroyed or demolished solely due to natural causes and beyond the control of human
agency and as a consequence thereof, in either case, the land on which such building has
been constructed becomes vacant land and the aggregate of the extent of such land and
the extent of any other vacant land held by him exceeds the ceiling limit, then, he shall,
within three months from the date of such demolition or destruction file a statement
before the competent authority having jurisdiction specifying the location, value and such
other particulars as may be prescribed, of all the vacant lands held by him.
(2) Where, on receipt of a statement under sub-section (1) and after such inquiry as the
competent authority may deem fit to make, the competent authority is satisfied that the
land which has become vacant land is required by the holder for the purpose of
redevelopment in accordance with the master plan, such authority may, subject to such
conditions and restrictions as it may deem fit to impose, permit the holder to retain such
land in excess of the ceiling limit for such purpose and where the competent authority is
not so satisfied and does not so permit, the provisions of sections 6 to 14 (both inclusive )
shall, so far as may be, apply to the statement filed under sub-section (1) and to the
vacant land held by such person in excess of the ceiling limit.
CHAPTER III

Sec 4-CEILING LIMIT

(1) Subject to the other provisions of this section, in the case of Ceiling every
person, the ceiling limit shall be,-:-
(a) where the vacant land is situated in an urban agglomeration falling within category A
specified in Schedule I, five hundred square metres;

(b) where such land is situated in an urban agglomeration falling within category B
specified in Schedule I, one thousand square metres;

(c) where such land is situated in an urban agglomeration falling within category C
specified in Schedule I, one thousand five hundred square metres;
(d) where such land is situated in an urban agglomeration falling within category D
specified in Schedule I, two thousand square metres.

(2) Where any person holds vacant land situated in two or more categories
of urban agglomerations specified in Schedule I, then, for the
purpose of calculating the extent of vacant land held by him:-

(a) one square metre of vacant land situated in an urban agglomeration falling within
category A shall be deemed to be equal to two square metres of vacant land situated in
an urban agglomeration falling within category B, three square metres of vacant land
situated in an urban agglomeration falling within category C and four square metres of
vacant land situated in an urban agglomeration falling within category D;

500:1000:1500:2000

5:10:15:20

1:2:3:4
(b) one square metre of vacant land situated in an urban agglomeration falling within
category B shall be deemed to be equal to one and one-half square metres of vacant
land situated in an urban agglomeration falling within category C and two square metres
of vacant land situated in an urban agglomeration falling within category D; and

2:3:4
2:3 2:4

1=? CROSS MULTIPLY WE GET 1=? CROSS MULTIPLY WE GET

2 X?=3 X1 , 2 X?=4 X1 ,

SO ?=3/2 =1.5 or 1+0.50 or 1+1/2 or 1 and 1/2 SO ?4/2 =2

(c) one square metre of vacant land situated in an urban agglomeration falling within
category C shall be deemed to be equal to one and one-third square metres of vacant
land situated in an urban agglomeration falling within category D.

3:4

1=? CROSS MULTIPLY WE GET

3 X ?=4 X 1,

?= 4/3 = 1.33 OR 1 + 0.33 OR 1 + 1/3 OR 1 and 1/3

(3) Notwithstanding anything contained in sub-section (1), where in respect of
any vacant land any scheme for group housing has been sanctioned by an
authority competent in this behalf immediately before the commencement of
this Act, then, the person holding such vacant land at such commencement
shall be entitled to continue to hold such land for the purpose of group housing:
Provided that not more than one dwelling unit in the group housing shall be
owned by one single person: Provided further, that the extent of vacant land
which such person shall be entitled to hold shall, in no case, exceed

(a) the extent required under any building regulations governing such group housing; or
(b)by the extent calculated by multiplying the number of dwelling units in the group
housing and the appropriate ceiling limit referred to in sub-section (1), whichever is less.
Explanation.-For the purposes of this sub-section and sub-section (10),- (i) "group
housing" means a building constructed or to be constructed with one or more floors,
each floor consisting of one or more! dwelling units and having common service
(4) (a) In any State to which, this Act applies in the first instance, if,
facilities; (ii) "common service facility" includes facility like staircase, balcony and
on or after the 17th day of February, 1975, but before the appointed day,
verandah.
any person has made any transfer by way of sale, mortgage, gift, lease
or otherwise (other than a bona fide sale under a registered deed for
valuable consideration) of any vacant land held by him and situated in
such State to any other person, whether or not for consideration, then,
for the purposes of calculating the extent of vacant land held by such person
the land so transferred shall be taken into account , without
prejudice to the rights or interests of the transferee in the land so
transferred:
Provided that the excess vacant land to be surrendered by such
person under this Chapter shall be selected only out of the vacant land
held by him after such transfer.

(b) For the purpose of clause (a), the burden of proving any sale to be a bona
fide one shall be on the transferor. Explanation.-Where in any State aforesaid,
there was or is in force any law prohibiting transfer of urban property in that
State except under the circumstances, if any, specified therein, then, for the
purposes of this sub-section, any transfer by way of sale of such property,
being vacant land, made by any person under a registered deed for valuable
consideration in accordance with the provisions of such law or in pursuance of
any sanction or permission granted under such law, shall be deemed to be a
bona fide sale.
(5) Where any firm or unincorporated association or body of individuals holds
vacant land or holds any other land on which there is a building with a dwelling
unit therein or holds both vacant land and such other land, then, the right or
interest of any person in the vacant land or such other land or both , as the
case may be, on the basis of his share in such firm or association or body shall
also be taken into account in calculating the extent of vacant land held by such
person.
(6) Where a person is a beneficiary of a private trust and his share in the
income from such trust is known or determinable , the share of such person in
the vacant land and in any other land on which there is a building with a
dwelling unit therein, held by the trust, shall be deemed to be in the same
proportion as his share in the total income of such trust bears to such total
income and the extent of such land apportionable to his share shall also be
taken into account in calculating the extent of vacant land held by such person.

(7) Where a person is a member of a Hindu undivided family, so much of the

vacant land and of any other land on which there is a building with a dwelling
unit therein, as would have fallen to his share had the entire vacant land and
such other land held by the Hindu undivided family been partitioned amongst
its members at the commencement of this Act shall also be taken into account
in calculating the extent of vacant land held by such person.

(8) Where a person, being a member of a housing co-operative society

registered or deemed to be registered under any law for the time being in
force, holds vacant land allotted to him by such society, then, the extent of land
so held shall also be taken into account in calculating the extent of vacant land
held by such person.

(9) Where a person holds vacant land and also holds any other land on which
there is a building with a dwelling unit therein , the extent of such other land
occupied by the building and the land appurtenant thereto shall also be taken
into account in calculating the extent of vacant land held by such person.

(10)Where a person owns a part of a building, being a group housing, the

proportionate share of such person in the land occupied by the building and the
land appurtenant thereto shall also be taken into account in calculating the
extent of vacant land held by such person.
(11) For the removal of doubts it is hereby declared that nothing in sub-
sections (5), (6), (7), (9) and (10) shall be construed as empowering the
competent authority to declare any land referred to in sub-clause (ii) or sub-
clause (iii) of clause (q) of section 2 as excess vacant land under this Chapter.
Explanation.-For the purposes of this section and sections 6, 8 and 18 a person
shall be deemed to hold any land on which there is a building (whether or not
with a dwelling unit therein) if he
(i) owns such land and the building; or (ii) owns such land but possesses the building or
possesses such land and the building, the possession, in either case, being as a tenant
under a lease, the unexpired period of which is not less than ten years at the
commencement of this Act, or as a mortgagee or under an irrevocable power of attorney
or a hire-purchase agreement or partly in one of the said capacities and partly in any
other of the said capacity or capacities; or (iii) possesses such land but owns the
building, the possession being as a tenant under a lease or as a mortgagee or under an
irrevocable power of attorney or a hire-purchase agreement or partly in one of the said
capacities or partly in any other of the said capacity or capacities.
 Urban Land (Ceiling and Regulation)

SCHEDULE I
Category of Area based on Area in kms in
periphery Area in KMS
A 8

B 5

C 5

D 1
NOTE 1 for Schedule I
NOTE I.-An Urban Agglomeration is made up of main town together with the adjoining areas
of urban growth and is treated as one urban spread. The population covered by such
spreads is categorised as urban. Each such agglomeration may be made up of more than
one statutory town, adjoining one another such as a Municipality and the adjoining
Cantonment, etc., and also other urban growths such as a Railway Colony, University
Campus, etc. Such outgrowth (O.G.) which did not qualify to be treated as individual towns
in their own right and have pronounced urban characteristics are shown as constituents of
the agglomeration.
Central Legislation 20 MARKS
LAND LAWS
Land Acquisition Act- 1894
Syllabus-
i) Definitions -S/3
(ii) Acquisition – S/4 to 17.
(iii) Reference to Court – S/18 to 28 A.
Objects & Reasons:An Act to amend the Law for acquisition of land for public purposes and for Com
acquisition of land needed for public purposes and for Companies and for determining the amount of
It is hereby enacted as follows
PART I
Preliminary
Sec 1.Short Title,Extent & Commencement
(1) This Act may be called the Land AcquisitionAct, 1894;
(2) It extends to ,the whole of India except the State of Jammu and Kashmir;
(3)It shall come into force on the first day of March 1894, a[but in the Hyderabad area of the State o
appointed under sub-section (3) of section 1 of the Land Acquisition (Maharashtra Extension Mah. an
Amended by Act 68 of 1984.
The Land Acquisition Act, 1984 and the rules made thereunder as in force in the Bombayare
Mah. 38 of 1964, s. 2).
Sec 3-Definitions
In this Act, unlessthere is somethingrepugnant in the subject or context,-

(a) the expression" land" includes benefits to arise out of land, and things attached to the ear
the earth; .[(aa) the ,expression" local authority" includes a town planning authority (by whate
in force] ;[(aaa)the expression" arable land" means land fit for cultivation, whether in fact cultiv
(b) the expression" person interested " includes all persons claiming an interest incompensation to
Act; and a person shall be deemed to be interested in land if he is interested in an easement affectin
(c) the expression" Collector " means the Collector of a district, and includes a Deputy Commissione
[appropriate Government] [or by the Commissioner] to perform the function of a Collector under this
[(CC)the expression" corporation owned or controlled by the State" means any body corporate
and includes a Government company as denned in section 617 of the Companies 1956. Act, 1956, a
1860, or under any corresponding law for the time being in force in a State, being a society establish
society within the meaning of any law relating to co-operative societies for the time being in force in
than fifty one per centum of the paid up share capital is held by the Central Government,or by any S
Government and partly by one or more State Governments
(d) [the expression "Court" (except in sub-section (3) of section 18) means] a principal Civil Court o
Government] has appointed (as it is hereby empowered to do) a special judicial officer within any spe
under this Act; 3[and shall in relation to any proceedings under this Act, include the Court of a Civil J
may transfer any such proceedings] ;
(e)the expression" Company" means-- , (i) a company as defined in section 3 of the Companies Act
clause (cc) ; (ii) a society registered under the Societies Registration Act, 1860, or under any corresp
than a society referred to in clause (cc) ;(iii) a co-operative society within the meaning of any lawrela
any State, other than a co-operative society referred to in clause (cc)
(ee)the expression" appropriate Government" means, in relation to acquisition of land for the purp
to acquisition of land for any other purposes, the State Government
(eee) "Land Acquisition Officer" means an officer appointed as such by the State Government by
this Act as may be specified in the notification ;

(f) the expression"public purpose" includes-- , (i) the provision of village-sites or the extension, pla
sites; , (ii) the provision of land for town or rural planning; (iii) the provision of land for planned deve
scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assign
development as planned; (iv) the provision of land for a corporation owned or controlled by the State
poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced
scheme Undertaken by Government, any local-authority or a corporation owned or controlled by the
educational, housing, health or slum clearance scheme sponsored by Government or by any authority
scheme, or, with the prior approval of the appropriate Government, by a local authority, or a society
of 1860), or under any corresponding law for the time being in force in a State, or a co-operative soc
societies for the time being in force in any State; (vii) the provision of land for any other scheme of d
approval of the appropriate Government, by a local authority;(viii) the provisions of any premises or
but does not include acquisition of land for Companies ;

(g) the following persons shall be deemed" person entitled to' act" as and to the extent hereinafte
beneficially interested shall ,be deemed the persons entitled to act with reference to any such case, a
interested could have acted if free from disability ; a married women in cases to which the English law
act, and whether of full age or not, to the same extent as if she were unmarried and of full age; and
or lunatics or idiots shall be deemed respectivelythe persons so entitled to act, to the same extent as
disability, could have acted

Provided that(i) no person shall be deemed entitled to act whose interest in the subject matter shall b
adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) i
next friend or, in default of his appearance by next friend, the Collector or Court, as the case may be
in the conduct thereof; (iii) the provisions of [Order XXXII of the First Schedule to the Code of Civil P
of persons interested appearing before a Collector or Court by a next friend; or by a gaurdian for the
entitled to act" shall be competent to receivethe compensation money payable to the person for whom
competent to alienate the land and receiveand give a good discharge for the purchase money on a vo

PART II

ACQUISITION
(ii)Sec 4 to Sec 17
Preliminary Investigation
Sec 4-Publication of Preliminary notification and powers of officers thereon
(1) Whenever it appears to the 2[appropriate Government], 3{the Commissioner, or Land Acquisition
be needed for any public purpose, 5[or for a Company] a notification to that effect, 6[shall be publish
and powers circulating in that locality of which at least one shall be in the regional language] and the
notification to be given at convenient places in the said locality 8[(the last of the dates of such public
referred to as the date of the publication of the notification)].
2 These words were substituted for the, words" Provincial Government" by the Adaptation of Laws Order, 1950. 3 These
39of 1972,s3(1); 4 These words were inserted by s. 2 of the Land Acquisition (Aroendment) Act, 1923 (38 of 1923) 5 Th
were substituted for the words" shall be published in the Official Gazette" by Mah. 29 of 1977, s. 2. 7 These words were in
inserted wid., s. 4(c).
(2) Thereupon it shall be lawful for any officer, either generally or specially authorised by such Gover
the Land Acquisition Officer] in this behalf, and for his servants and workmen,-- to enter upon and su
bore into the sub-soil; to do all other acts necessary to ascertain whether the land is adapted for such
9 These words were substituted for the words" as the case may be,by the Commissioner" by Mah. 39 of 1972,s. 3(2).
to set out the boundaries of the land proposed to be taken and the intended line of the work (if any)
boundaries and line by placing marks and cutting trenches; and whether otherwise the survey cannot
and line marked, to cut down and clear away any part of any standing crop, fence or jungle:
Provided that no person shall enter into any building or upon any enclosed court or garden attached t
occupier thereof) without previously giving such occupier at least seven days' notice in writing of his
Sec 5. Payment for damage -
The officer so authorized shall at the time of such entry pay or tender payment for all necessary dam
the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision o
and such decision shall be final.
1Objections
Sec5A. Hearing of objections
(1) Any person interested in any land which has been notified under section 4, sub-section (1), as be
for a Company may,2[within thirty days from the date of the publication of the notification], object to
the case may be.

(2) Every objection under sub-section (1) shall be made 3to the Collector, or to the Land Acquisition
section(1) of section 4, in writing]and 4[the Collector, .as the case may be, the Land Acquisition Offic
6[in person or by any person authorised by him in this behalf]or by pleader and shall, after hearing a
any, as he thinks necessary,6[eithermake a report in respect of the land which has been notified und
respect of different parcels of such land, 7[tothe appropriate Government or, as the case may be to t
AcquisitionOfficer being made to the State. Government or to the Commissioner,if so directed by the
objections,together with the record of the proceedings held by him, for the decision of the State Gove
decision of the 8[appropriate Government]9[or,as the case may be, of the Commissioner]on the obje
(3) For the purposes of this section, a person shall be deemed to be interested in land who wouldbe e
were acquired under this Act]
1 Section 5A with its heading was inserted by Act 38 of l923. s. 3.
2 These words were substituted for the words"within thirty days after the issue of the notification" by Act 68 of 1984
3 These words were substituted for the words" to the Collector in writing" by Mah. 39 of 1972, s. 5(a).
4 These words were substituted for the words" the Collector shall ", ibid.,s. 4(b)
5 These words were substituted for the words" either in person" by Act 68 of 1984,s. 5(b)
6 This portion was substituted by Act 13 of 1967, s. 2.

7 This portion was substituted for the portion beginning with" to the appropriate Government" and ending with"for the
8 These words were substituted for the words" Provincial Government" by the Adaptation of Laws Order, 1950.
9 These word were inserted by Bom. 8 of 1958, Sch
Sec 6 Declaration of intended acquisition
(1) Subject to the provision of Part VII of this Act,1when the 2[appropriate Government] or3[as the c
considering the report, if any, made under section 5A, sub-section (2)], that any particular land is ne
shall be made to that effect under the signature of a Secretary to such Government or of some office
be, under
the signature of the Commissioner]5 [and different declarations may be made from time to time in re
notification under section 4, sub-section (I) irrespective of whether one report or different reports ha
5A, sub-section (2)]6
7Provided that no declaration in respect of any particular land covered by a notification under section

(i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinanc
Land Acquisition (Amendment) Act, 1984 (68 of 1984), shall be made after the expiry of three years
published after the commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), sha
the publication of the notification:] Provided further that] no such declaration shall be made unless th
paid by a Company, or wholly or partly out of public revenues or some fund controlled or managed b
8Explanation 1. - In computing any of the periods referred to in the first proviso, the period
during which any action or proceeding to be taken in pursuance of the notification issued
under section 4, sub-section (1), is stayed by an order of a Court shall be excluded.
Explanation 2. - Where the compensation to be awarded for such property is to be paid out of
the funds of a corporation owned or controlled by the State, such compensation shall be
deemed to be compensation paid out of public revenues.]
9((1A) Where a declaration under sub-section (1) of this section or in pursance of sub-section (2) of
Validation) Act, 1967 (hereinafter collectively referred to as "the said provisions") could not be made
provisions due to stay or injunction by order of a court in respect of any land notified under sub-secti
contained in the said provisions, a declaration in respect of such land may be made
1 These words and figures were substituted for the words" whenever it appears to the Local Government" by Act 38 of
2 These words were substituted for the words" ProvincialGovernment" by the Adaptation of Laws Order, 1950
3 These words were inserted by Bom. 8 of 1958,sch
4 These words were inserted by Mah. 39 of 1972, s. 5 (l)(A)
5 This portion was inserted by Act 13 of 1967,s. 3(a)(i)
6 The words "or as the case may be, under the signature of the Commissioner" were deleted by Mah. 39 of 1972, s.
7 The first proviso was substiuted by Act 68 of 1984, s. 6(a)(1)
8 These Explanations were inserted, ibid., s. 6 (a)(2)
9 Sub.section (lA) was inserted by Mah. 39 of 1972,s. 5(2)

under this section where the stay or injunction has been finally vacated, before the expiry of one yea
(Maharashtra Amendment) Act, 1972 and where the stay or injunction is finally vacated after the com
year of such vacation of the stay or injunction; and there shall be paid simple interest calculated at s
as determined under this Act from the date of expiry of the period specified in the said provisions, to
by the Collector for the acqui- sition of such land: 1 Provided that, no interest shall be payable for an
such land were held up due to stay or injunction by order of a Court]

(2) 1[Every declaration] shall be published in the Official Gazette 2[in two daily newspapers circulatin
least one s1).allbe in the regional language, and the Collector shall cause public notice of the substan
the said locality (the last of the dates of sucb publication and the giving of such public notice, being,
declaration), and such declaration shall state] the district or other territorial division in which the land
approximate area and, where a plan shall have been made of the land, the place where such plan ma
(3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or f
declaration, the 3[appropriate Government], 4[or, as the case may be, the Commissioner] may acqu
Sec 7-After declaration,Collector to take order for acquisition.
Whenever any land shall have been so declared to be needed for a public purpose or for a Company,
authorised by the 3[appropriate Government] in this behalf, 4[or as the case may be, the Commissio
acquisition of the land
Sec8-Land lo be marked out, measured and planned
The Collector shall there upon cause the land (unless it has been already marked out under section 4
and if no plan has been made thereof, a plan to be made of the same.
Sec9- Notice to the persons interested

(1) The Collector shall then cause public notice to be given at convenient places on or near the land t
possession of the land, and that claims to compensation for all interests in such land may be made to
so needed, and shall require all persons interested in the land to appear personally or by agent befor
(such time not being earlier than fifteen days after the date of publication of the notice), and to state
amount and particulars of their claims to compensation for such interests, and their objections "(if an
Collector may in any case require such statement to be made in writing and signed by the party or hi
same effect on the occupier (if any) of such land and on all such persons known or believed to be inte
interested, as reside or have agents authorised to receive service on their behalf, within the revenue-
person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by po
address or place of business and 2 [registered under sections 28 and 29
of of the Indian Post Office Act, 1898]
See foot note 6 on page 428, ante. The words and figures "registered under sections 28 and 29 of the Indian Po
were substituted for the words and figures within square brackets wilh the marginal reference by s,7 of the La
Later, this substitution was rot in force as £.7, ibid was repealed by s.2 of, and the 1st Schedule to, the Repeali
Indian Post Office Act, 1898 (VI of 1898).
1These words were substituted for the words" The declaration" by Act 13 of 1967,s. 3(b)
2 .These words and brackets were substituted for the words" and shall state" by Act 68 of 1984,
s. 6(b)
3 These words were substituted fort he words" Provincial Government "by the Adaptation of
Laws Order, 1950
4These words were inserted by Bom, 8 of 1958, Sch
Sec10-Power to require and enforce the making of statements as to names and inte

(1) The Collector may also require any such person to make or deliver to him, at a time and place me
the date of the requisition), a statement containing, so far as may be practicable, the name of every
part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of su
or receivable on account thereof for three years next preceeding the date of the statement. (2) Every
section or section 9 shall be deemed to be legally bound to do so within the meaning of sections 175
Sec 175- Omission to produce document to public servant by person legally bound to produce it
Sec 176-Omission to give notice or information to public servant by person legally bound to give it
Enquiry into measurements, values and claims, and award by the Collector
Sec 11-Enquiry and award by Collector
2[(1)] On the days so fixed or on any other day to which the enquiry has been adjourned, the Collect
any)which any person interested has stated pursuant to a notice given under section 9 to the measur
land 3[at the date of the publication of the notification under section 4, sub-section (1)], and into the
and shall make an award under his hand of -
(i) the true area of the land; (ii) the compensation which in his opinion should be allowed for the land
among all the persons known or believed to be interested in the land, of whom, or of whose claims, h
appeared before him: 4[Provided that no award shall be made by the Collector under this sub-section
Government or of such officer as the appropriate Government may authorise in this behalf: Provided
Government to direct that the Collector may make such award without such approval in such class of
behalf.)

1 These words and figures were substituted for the words and figures"registered underPart III of The Indian P
2 This section was renumbered as sub-section (1), ibid., s. 8
3These words and figures were inserted by Act 38 of 1923, s. 5.
4 These provisos were inserted by Act 68 of 1984, s. 8(a).

1[(2) Notwithstanding anything contained in subsection (1), if at any stage of the proceedings, the C
land who appeared before him have agreed in writing on the matters to be included in the award of t
appropriate Government, he may, without making further enquiry, make an award according, to the
(3) The determination of compensation for any land under sub-section (2) shall not in any way affect
lands in the same locality or elsewhere in accordance with the other provisions of this Act.

(4) Notwithstanding anything contained in the Registration Act, 1908 no agreement made under sub-
Sec 11A-Period within which the award will be made
2[11A. The Collector shall make an award under section 11 within a period of two years from the dat
made within that period, the entire proceeding for the acquisition of the land shall lapse:
Provided that in a case where the said declaration has been published before the commencement of t
shall be made within a period of two years from such commencement.
Explanation.-In computing the period of two years referred to in this section, the period during which
said declaration is stayed by an order of a Court shall be excluded.]
Sec 12 -Award of Collector whento be final

(1) Such award shall be filed in the Collector's office and shall, 3[subject to the provisions of section
conclusive evidence, as between the Collector and the persons interested, whether they have respect
and value of the land, and the apportionment of the compensation among the persons interested. (2
4[or the amendment thereof made under section 12A]* to such of the persons interested as are not
award 5[or amendment] is made.
Sec12A-Amendment award
6[Repealed]
Sec13-Adjournment of Inquiry
The Collector may, for any cause he thinks fit, from time to time, adjourn the enquiry to a day to be
1 These sub-sections were inserted by Act 68 of 1984, s.8(b)
2 Section 11A was inserted. ibid.,s. 9.
3 These words, figures and letter were inserted by Bom. 3S of 1953,s.4(1).
4 These words, figures and letter were inserted ibid., s.4(2)
5These words were inserted,ibid.,s.4(2)
6This section has been, in effect, repealed after the insertion of section 13A by Act 68 of 1984, s. 10
7 See new section 13A
Sec13A-Correction of clerical error etc
1[1] The Collector may, at any time but not later' than six .months from the date of the award, or wh
reference to the Court, before the making of such reference, by order, correct any clerical or arithme
on his own motion or on the application of any person interested or a local authority: - Provided that
person shall be made unless such person has been given a reasonable opportunity for making a repre
immediate notice of any correction made in the award to all the persons interested.(3) Where any ex
a result of the correction made under sub-section(1) the excess amount so paid shall be liable to be r
same may be recovered as an arrear of land revenue.]
Sec14-Power to summon and enforce attendance of witnesses and production of do
For the purpose of enquiries within this Act the Collector shall have the Power to summon and enforc
interested or any of them, and to compel the production of documents by the same means and (so f
case of a Civil Court under the 2[Code of Civil Procedure, ]1908
1 This section was inserted by Act 68 of 1984, 8. 10
2 These words were substituted for the words" Code of Civil PrOcedure", ibid., 8. 11
Sec15-Matters to be considered and neglected
In determining the amount of compensation the Collector shall be guided by the provisions contained
Sec15A-Power to call for records etc

The appropriate Government may at any time before the award is made by the Collector under secti
way of inquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any fi
proceedings and may pass such order or issue such direction in relation thereto as it may think fit :Pr
issue any order or direction prejudicial to any person without affording such person a reasonable opp
Taking possession
Sec16-Powers to take possession
When the Collector has made an award under section 11, he may take possession of the land, which
from all encumbrances.
3This section was inserted, ibid., s. 12.
4These words were substituted for the words" vest absolutelyin the Government" bythe Government of India (
5This word was substituted for the word" Crown" by the Adaptation of Laws Order. 1950
Sec17-Special powers in cases of urgency
(1) In cases of urgency, whenever the 1[appropriate Government] 2[or the Commissioner so directs,
on the expiration of fifteen days from the publication of the notice mentioned in section 9, sub-sectio
purpose]. Such land shall thereupon 4[vest absolutely in the 5[Government]], free from all encumbra
(2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen
administration to acquire the immediate possession of any land for the maintenance of their traffic or
station, or of providing convenient connection with or access of any such station 6[or the appropriate
immediate possession of any land for the purpose of maintaining any structure or system pertaining t
or electricity, the Collector may, immediately after the publication of the notice mentioned in sub-sec
1[appropriate Government] 2[or, as the case may be, of the Commissioner] enter upon and take pos
absolutely in the 5[Government]], free from all encumbrances :
Provided that the Collector shall not take possession of any building or part of a building under this su
forty-eight hours notice of his intention so to do or such longer notice as may be reasonably sufficien
from such building without unneccessary inconvenience
(3) In every case under either of the preceding sub-sections the Collector shall at the time of taking p
the standing- crops and trees (if any) on, such land and for any other damage sustained by them cau
section 24; and in case such offer is not accepted, the value of such crops, and trees, and the amoun
compensation for the land under the provisions herein contained
7[(3A) Before taking possession of any land under sub-section (1) or subsection (2), the Collector sh
(a) tender payment of eighty per centum of the compensation for such land as estimated by him to t
them, unless prevented by some one or more of the contingencies mentioned in section 31, sub-sec(
of section 31, sub-section (2), (except the second proviso thereto), shall apply as they apply to the p
1These words were substituted for the words" Provincial Government" by the Adaptation of LawsOrder,1950
2These words were inserted by Born. 8 of 1958, Sch
3These words were substituted for the words" take possessionof any wasteor arable land needed for public pu
4These words were substituted for the words "vest absolutely in the Government" by thISGovernment of India
5This word was substituted for the word "Crown" by the Adaptation of Laws Order. 1950
6These words were added after the words" acces to any such station" ibM.,s. 13(b)
7These sub-sections have been inseqed by Act 68 of 1984, s.13(c).
(3B) The amount paid or deposited under sub-section (2A), shall be taken into account for determinin
under section 31, and where the amount so paid or deposited exceeds the compensation awarded by
refunded within three months from the date of the Collector's award, be recovered as an arrear of lan
1[(4) In the case of any land to which, in the opinion of the 2[appropriate Government] 3[or, as the
section (1) or sub-section (2) are applicable, the 2[appropriate Government) 3[or, as the case may b
section 5-A shall not apply, and if ,[it or he does so direct] a declaration may be made under section
publication of the notification) under section 4, sub-section (I)].
1 This sub-section was added by Act 38 of 1932,s. 6.
2These words were substituted for the words " Provincial Government" by tbe Adaptation of Laws Order, 1950
3These words were inserted by Bom. 8 of 1958, Schedule
(iii) Reference to Court – S/18 to 28 A.
PART III
Reference to Court and Procedure thereon
Sec 18-Reference to Court
(1) Any person interested who has not accepted the award 7[or the amendment] thereof may by writ
referred by the Collector for the determination of the Court, whether his objection be to the measure
persons to whom it is payable or the apportionment of the compensation among the persons interest
(2) The application shall state the grounds on which objection to the award 7[or the amendment]is ta
Provided that every such appiication shall be made,- (a) if the person making it was present or repre
award "[or the amendment] within six weeks from the date of the Collector's award "[or the amendm
the notice from the Collector under section 12, sub-section (2), or within six months from the date of
period shall first expire.
8[(3) Any order made by the Collector on an application under this section shall be subject to revision
subordinate to the High Court within the meaning of section] 15 of the Code of Civil Procedure,of 190
Sec 19 - Collectors statement to the Court
19.(1) In making the reference, the Collector shall state for the information of the Court, in writing u
particulars of any trees, buildings or standing crops thereon;
1 This sub-section was added by Act 38 of 1932,s. 6.
2 These words were substituted for the words .. Provincial Government" by tbe Adaptation of Laws Order, 1950
3.These words were inserted by Bom. 8 of 1958, Schedule
4.These words were substituted for the words" it does so direct" by Born. 88 of 1948, Schedule
5 These words were substituted for the words" after the publication of the notification" by Act 68 of 1984, s. 1
6.The Explanation was deleted by Mah. 42 of 1973, !I. 2(e)
7.These words were inserted by Bom. 35 of 1953, s. 8.
8.This sub-section was added by Mah. 38 of 1964, s. 3(b).

(b) the names of the persons whom he has reasons to think interested in such land; . (c) the amount
sections 5 and 17, or either of them, and the amount of compensation awarded under section11; 1*
(3A) of section 17; (d) if the objection be to the amount of the compensation, the grounds on which
(2) To the said statement shall be attached a schedule giving the particulars of the notice served upo
the parties interested respectively.
Sec 20-Service of Notice
The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determ
the Court on that day, to be served on the following persons, namely :- (a) the applicant; (b) all pers
them as have consented without protest to receive payment of the compensation, awarded; and (c)
the amount of the compensation, the Collector.
Sec 21-Restriction on scope of proceedings
The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interes
Sec22- Proceedings to be in open Court
Every such proceeding shall take place in open Court, and all persons entitled to practice in any Civil
and act (as the case may be) in such proceeding.
Sec23- Matters to be considered in determining compensation
(1) In determining the amount of compensation to be awarded for land acquired under this Act, the
first, the market-value of the land at the date of the publication of the 4[notification under section 4,
persons interested, by reason of the taking of any standing crops of trees which may be on the land a
thirdly, the damage (if any) sustained by the persons interested, at the time of the Collector's taking
from his other land;
1.The word" and .. was deleted by Act 68 of 1984,s. 14(a)
2.This clause was inserted ibid.;s. 14(b).
3.This word was substituted for the word" Province .. by the Adaptation of Laws. Order, 1950
4.These words were substituted for the words" declaration relating thCretounder scction:66" by Act 38 of 1923

fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking
injuriously affecting his other property, movable or immovable, in any other manner, or his earning ;
the Collector the person interested is compelled to change his residence or place of business, the rea
- - sixthly, the damage (if any) bonafide resulting from diminution of the proflts of the land between
6 and the time of the Collector's taking possession of the land. 1[(1A) In addition to the market value
case award an amount calculated at the rate of twelve per centum per annum on such market value
publication of the notification under section 4, sub-section (1) in respect of such land to -the date of
of the land, whicheveris earlier;
Sec 24-Matters to be neglected in determining Compensation
But the Court shall not take into coilsideration,- first, the degree of urgency which has led to the acq
interested to part with the land acquired; thirdly, any damage sustained by him which, if caused by a
suit; fourthly, any damage which is likely to be caused to the land acquired, after the date of the pub
consequence of the use to which it will be put; , fifthly, any increase to the value of the land acquired
acquired;
. This sub-section was inserted by Act 68 of 1984, s.-IS(a). Section 30 of Act 68 of 1984 reads as follows :- " 30
of section 23 of the principal Act, as inserted by clause (a) of section 15 of this Act, shall apply, and shall be de
proceeding for the acquisition of any land under the Principal Act pending on the 30th day of April 1982 [the da
1982, in the House of the People], in which no award has been'made by the Collector before that date; (b) ever
Act commenced after that date, whether or not 'an award has been made by the Collector before the commenc
section' 23 and section 28 of the '.PrincipalAct, as amended by clause (b) of section 15and section 18 of thisAc
also to, and in relation to, any award made by the ColleCtoror Court or to any order paSS'edby the High Court o
provisions of the Principal Act after the 30th day of April, 1982 [the date of introduc., tion of the Land Acquisiti
before the commencement of this Act." . These words were substituted tor the words" fifteenper ceJ)tum" ibid
sixthly, any increase, to the value of the other land of the person interested likely to acrue from the u
any' outlay for improvements or on disposal of the land acquired, commenced, made or effected with
publication of the 2[notification under section 4, subsection (1)] 8[or]; 4[eighthly, any increase to the
which is forbidden by law or opposed to public policy]
Sec25-Amount of Compensation awarded by court not to be lower than the amount
The amount of compensation awarded by the Court shall not be less than the amount awarded by th
Sec 26-Form of awards

6[(1)] Every award under this Part shall be in writing signed by the judge and shall specify the amou
23, and also the amounts (if any) respectively awarded under each of the other clauses of the same
the said amounts. ' . 6[(2) Every such award shall be deemed to be a decree and the statement of th
meaning of section 2, clause (2),and section 2, clause (9), respectively, of the Code of Civil Procedur
Sec 27-Costs
(1) Every such award shall also state the amount of costs incurred in the proceedings under this Part
be paid. (2) When the award of the Collector 7[forthe amendment thereof] is not upheld, the costs sh
shall be of opinion that the claim of the applicant was so negligent in puting his case before the Colle
or that he should pay a part of the Collector's costs.
Sec 28-Collector may be directed to pay interest on excess Compensation

If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation i
compensation, the award of the Court may direct that the Collector shall pay interest on such excess
he took possession of the land to the date of payment of such excess into Court 9[Provided that the
or any part thereof is paid into Court after the date of expiry of a period of one year from the date on
per centum per annum shall be payable from the date of expiry of the said period of one year on the
paid into Court before the date of such expiry].
1. The word "or" was deleted by Act 68 of 1984,So16(a)
2.These words, figures and brackets were substituted for the words" declaration under section 6 "
by Act 38 of 1923, s. 8.
3.The word "or" was inserted by Act 68 of 1984,s. 16(b)
4.This clause was ir.serted ibid., s. 16(b).
5.Section 25 was substituted, ibid., s. 17
6.Section26 was renumbered as sub-section (1) of that section and sub-section (2) was added by Act 19 of 192
7.These words were inserted by Born. 35 of 1953, s. 9
8.These words were substituted for the words "six per centum" by Act 68 of 1984. s. 18 (a)
9.This proviso was inserted, ibid.. s.18(b).
Sec 28A-Re-determination of the amount of compensation on the basis of the award
(1) Where in an award under this Part, the Court allows to the applicant any amount of compensation
section 11, the persons interested in all the other land covered by the same notification under section
award of the of the Collector may, notwithstanding that they had not made an application to the Colle
Collector within three months from the date of the award of the Court require that the amount of com
basis of the amount of compensation awarded by the Court: Provided that in computing the period of
shall be made under this sub-section the day on which tlle award was pronounced and the time requi
(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giv
reasonable opportunity of being heard, and make an award determining the amount of compensation
accepted the award under sub-section (2) may, by written application to the Collector, require that th
of the Court and the provisions of section 18 to 28 shall, so far as may be, apply to such reference as
1.This section was-inserted by Act 68 of f984, s. 19;
[Order XXXII of the First Schedule to the Code
of Civil Procedure, 1908]

1. Minor to sue by next friend.- Every suit by a minor shall 

be instituted in his name by a person who in such suit shall be 
called the next friend of the minor.

Explanation: In this Order, “minor” means a person who has 
not attained his majority within the meaning of section 3 of 
the Indian Majority Act, 1875 (9 of 1875), where the suit 
relates to any of the matters mentioned in clauses (a) and (b) 
of section 2 of that Act or to any other matter. 
Central Legislation 20 MARKS
LAND LAWS
Indian Registration Act-1908
Syllabus-
Indian Registration Act
(i)Compulsory registration of Documents
(ii)Optional Regn.Of Documents
(iii)Time for Regn.Of Documents
(iv)Delay in Regn.Of Documents
(v)Time fom which Regd.Document operates
(vi)Effect of Non-Regn. Of documents required to be registered

Statement of Objects and Reasons:- -This is a pure consolidating Bill. The provisions relating to th
enactments. The object of the present Bill is to collect these provisions and to incorporate them in on
clear the Statute-book of three entire Acts and will enable two more Acts to be entirely removed from
the Indian Limitation Bill, now before Council. The fact that the General Clauses Act, 1897, will apply
provisions of the present Acts. The opportunity has been taken to incorporate alterations of a formal
existing Act. The numbering of the sections of the Act of 1877 has been preserved. It has been found
changed in some respects. To avoid this some few amendments appear to be necessary. Amendmen
a secular State recording of castes and sub-castes of parties mentioned in a deed for registration in S
Amendment Act 45 of 1969-Statement of Objects and Reasons.-Under section 30(2) of the Ind
three Presidency-towns of Calcutta, Bombay or Madras is situated may receive and register any docu
may be situated. In view of the growing importance of Delhi as the capital of the Union of India, as a
people from every part of India come and reside, it has been felt for quite some time that the benefit
behalf have also been received from the Delhi Administration. The matter has been examined by the
recommended that the provisions of section 30(2) of the Indian Registration Act should appropriately
this recommendation. 2. In consonance with the present legislative practice which has been adopted
Indian Registration Act, 1908,
1. The Act has been extended to the new Provinces and merged States by the Merged States (Laws) Act 59 of 1
Territories (Laws) Act 30 of 1950. Manipur and Tripura are full-fledged States now, see Act 81 of 1971. Vindhy
Act has been extended to the transferred territories (i.e.) Kanyakumari district and Shencottah taluqua of Tirun
territories added to Tamil Nadu from the State of Andhra Pradesh has been repealed by T.N. Act 8 of 1964. The
by J Regulation 6 of 1963; (2) Goa, Daman and Diu by Regulation 11 of 1963; (3) Laccadive, Minicoy Amindivi I
Lakshadweep, see Act 34 of1973, S. 3; and (4) Pondicherry by Act 26 of1968.

is being availed of to suggest the omission of the word "Indian" from the short title of the Act. Amen
Registration Act, 1908 was enacted to consolidate the law relating to the registration of documents. T
Union Territories convened by the Union Finance Minister held on the 14th September, 1998 at New D
section (2) of section 30 of the Registration Act, 1908 should be repealed; (ii) Registration of general
property be made compulsory and consequential amendments be made in the Registration Act, 1908
(iii) To make affixing of the photograph and finger-prints of the executants compulsory at the time of
computerizations of registration records. 2. Based on the above conclusions arrived at the said Confe
of the Registration Act, 1908 for making registration of the documents containing contracts to transfe
of section 53-A of the said Act, section 53-A of the Transfer of Property Act, 1882 and Schedule I to t
section 67 of the Registration Act, 1908; (iii) To insert new section 16-A in the Registration Act, 1908
(iv) To insert new section 32-A to make affixing of the photographs and finger-prints on the documen
Objects and Reason Summary after all amendments :The object and purpose of the Registration
of documents so as to give information to people regarding legal rights and obligations arising or affe
afterwards be of legal importance, and also to prevent fraud. Registration lends inviolability and impo
1970 Orissa. 22. The scheme of the Act is to consolidate the law relating to registration and to provid
require compulsory registration. S. 23 of the Act provides the time for presenting the documents for
S.25 provides for condonation of delay in presenting documents for registration. S. 34 specifically pro
Registering Officer: Central Warehousing
Sec 17-Compulsory registration of Documents
(I) The following documents shall be registered, if the property to which they relate is situate in a dis
which, Act XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or
namely,-
(a) Instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or e
whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable p
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on
extinction of any such right, title or interest; and
(d) Leases of immovable property from year to year, or for any term exceeding one year, or reservin
17[ ( e ) non-testamentary instruments transferring or assigning any decree or order of a Court or an
create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest,
upwards, to or in immovable property:]

Provided that the 18[State Government] may, by order published in the 19[Official Gazette], exempt
district, or part of a district, the terms granted by which do not exceed five years and the annual rent

20[(I-A) The documents containing contracts to transfer for consideration, any immovable property f
shall be registered if they have been executed on or after the commencement of the Registration and
are not registered on or after such commencement then, they shall have no effect for the purposes o

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to--- (i) any composition deed; or (ii) an
notwithstanding that the assets of such company consist in whole or in part of immovable property; o
declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property
17. Inserted by Act 21 of 1929, S. 10.
18. Substituted for "Provincial Government" by A.O. 1950.
19. Substituted for "Local Official Gazette" by A.O. 1937.
20. Inserted by Act 48 of 2001, S. 3.
afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise tra
therein to trustees upon trust for the benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by any such company; or
(v) 21[any document other than the documents specified in sub-section (I-A)] not itself creating, dec
the value of one hundred rupees and upwards to or in immovable property, but merely creating a rig
declare, assign, limit or extinguish any such right, title or interest; or
(vi) any decree or order of a Court 22[ except a decree or order expressed to be made on a comprom
subject-matter of the suit or proceeding]; or
(vii) any grant of immovable property by the 23[Government]; or (viii) any instrument of partition m

(ix) any order granting a loan or instrument of collateral security granted under the Land Improveme
(x) any order granting a loan under the Agriculturists' Loans Act, 1884, or instrument for securing the
24[(x-a) any order made under the Charitable Endowments Act, 1890, vesting any property in a Trea
property; or]
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of th
under a mortgage when the receipt does not purport to extinguish the mortgage; or
xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil o

25[Explanation.-A document purporting or operating to effect a contract for the sale of immovable pr
registration by reason only of the fact that such document contains a recital of the payment of any ea
(3) Authorities to adopt a son, executed after the first day of January, 1872, and not conferred by a w
State Amendments-[Andhra Pradesh].-In its application to the State of Andhra Pradesh, in S. 17,- (a
"(d) leases of immovable property;"
21. Substituted for" any document" by Act 48 of 2001, S. 3.
22. Substituted for the "and any award" by A.O. 1937.
23. Substituted for "Crown" by A.O. 1950.
24. Inserted by Act 39 of 1948, S. 2 (w.e.f. 3-9-1948).
25. Inserted by Act 2 of 1927, S. 2.
State amendments
[Maharashtra].-In its application to the State of Maharashtra, in Cl. (x) of sub-S (2) (1) after "Agricul
Agriculturists' Loans Act, 1928"; and (2) For "under that Act", substitute "under either of those Acts”.

COMMENTS No provision is made either in the Stamp Act or in the Registration Act, to compel parties
1990 Mad. 251. Transfer of easement without reference to transfer of immovable property is meanin
Hamir Ram V. Varisng Ramail A.I.R. 1998 Guj. 165. A person, who admitted execution of a documen
at the bottom of page 3 of the original (as distinct from the initials at the bottom of pages 1, 2 which
Lokram A.I.R. 1999 S.C. 2171: (1999) 5 S.C.C. 622: J.T. (1999) 3 S.C. 656. Once the execution of th
the Registration Act is presumed to have been done as the gift is admittedly a registered document:
Kochar (1995) 2 (Supp.) S.CC 36. Oral gift is permissible in Mohammedan Law. The gift need not be
necessary. Thus, where the oral gift was completed on 5-1-1994 and it had also satisfied the requirem
A.I.R. 1995 S.C. 1205, held, the document could be understood as only a declaration of the gift made
property worth more than Rs. 100 was gifted requiring to be registered. However, proof of the docum
Court at the appropriate stage. Under the circumstances, the finding of the Court below that the gift
Act was to be set aside: Mujeer Ahmed G. v. Mohammed Zafrulla A.1.R. 2000 Karn.318.

It is the admitted position of the law of Mohammedan gift that three essentials are required to make
acceptance of the gift by the donee (Qabul), and (3) delivery of possession (Qabda). It is, therefore,
the acceptance of the donee either impliedly or expressly and the taking possession of the subject-m
essential requisites to make a gift valid under the Mohammedan Law. It may be noted that no written
there is no real intention to make a gift, the gift fails. There may be sham, colourable or benami tran
the Mohammedan Law is concerned. It cannot be taken as sine qua non in all cases that wherever th
must be registration thereof. The facts and circumstances of each case have to be taken into conside
The essential requirements, as said before, to make a Mohammedan gift valid, are declaration by the
donee: Mahommad Hasabuddin v. Md. Hesaruddin A.I.R. 1984 Gau. 41.
A family arrangement per se is not exempt from registration. The caption given to a document by pa
as a whole to determine the true nature of the transaction it incorporates: Nilkanth Krishnarao v. Ram
arrangement all that is necessary is that the parties must be related to one another in some way and
a claim or spes successionis or even on some other ground as, say, affection or ignorance of the part
and harmony in the family: A.C Lakshmipathy v. A.M. Chakrapani Reddiar A.I.R. 2001 Mad. 135. A fa
immovable property in praesenti in favour of the parties mentioned therein. In case, however, no suc
registration and will not be hit by 5. 17 of the Act: Maturi Pullaian v. Maturi Narasimham A.I.R. 1966
The family arrangements may be even oral in which case no registration is necessary. It is well settle
arrangement are reduced into writing. Here also, a distinction should be made between a document c
the document and a mere memorandum prepared after the family arrangement had already been ma
for making necessary mutation. In such a case the memorandum itself does not create or extinguish
the mischief of S. 17(1)(b) of the Registration Act and is, therefore, not compulsorily registrable: Kal
lnder Mohan Sharma 1999 A.I.H.C. 4686 (Del.). Where a document of family settlement was not a m
created right in immovable property, held, said document was compulsorily registrable: Harshvardha
v. Karunakar Rout A.I.R. 1987 Ori. 236.
Sec18-Optional Regn.Of Documents
Any of the following documents may be registered under this Act, namely,- (a) instruments (other th
declare, assign, limit or extinguish, whether in present or in future, any right, title or interest whethe
immovable property; (b) instruments acknowledging the receipt of payment of any consideration on
of any such right, title or interest;
(c) leases of immovable property for any term not exceeding one year, and leases exempted under s
order of a Court or any award when such decree or order or award purports or operates to create, de
right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in
or operate to create, declare, assign, limit or extinguish any right, title or interest to or in movable Pr
to be registered.
State amendments:[Maharashtra].-In its application to the 'State of Maharashtra, in S. 18,- (i) delete the word
(ee) notices of pending suits or proceedings referred to in section 52 of the Transfer of Property Act, 1882;"-Bo
(w.e.f. 28-4-1958) (iii) the word" and" in clause (ee) shall be added at the end and clause (eei) inserted by Bo
Maharashtra Act 20 of 1971, S. 58 (w.e.f. 15-6-1972).
PART IV
OF THE TIME OF PRESENTATION
Sec23-Time for Regn.Of Documents
Subject to the provision contained in section 24,25 and 26, no document other than a will shall be ac
officer within four months from the date of its execution: Probability that a copy of a decree or order
decree or order was made, or, where it is appealable, within from the day on which it becomes final.
28[Sec23-A. Re-registration of certain documents. – Notwithstanding anything to the cont
registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly
claiming under such document may, within four months form his first becoming aware that the regist
invalid, present such document or cause the same to be presented, in accordance with the provisions
in which the document was originally registered; and upon the Registrar being satisfied that the docu
empowered to present the same, he shall proceed to the re-registration of the document as if It had
registration was a presentation for registration made within the time allowed there for under Part IV,
apply to such re-registration; and such document, if duly re-registered in accordance with the provisi
purposes from the date of its original registration: Provided that, within three months from the twelft
which this section applies may present the same or cause the same to be presented for re-registratio
when he first became aware that the registration of the document was invalid.]
Section 23-B State Amendments
don’t apply to maharashtra
Sec25-Provision where delay in presentation is unavoidable.

(l) 1f, owing to urgent necessity or unavoidable accident, any document executed, or copy of decree
expiration of the time hereinbefore prescribed in that behalf, the Registrar, . cases where the delay in
payment of a fine not exceeding ten times the amount of the proper registration fee, such document
may be lodged with a Sub Registrar, who shall forthwith forward it to the Registrar to whom he is sub
(2) Any application for such direction may be lodged with a Sub Registrar, who shall forthwith forwar
PART X
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
Sec47- Time from which registered document operates
A registered document shall operate from the time from which it would have commenced to operate
time of its registration
Sec49-Effect of Non-Regn. Of documents required to be registered
No document required by section 17 47[or by any provision of the Transfer of Property Act, 1882,] to
therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting
47[Provided that an unregistered document affecting immovable property and required by this Act, o
as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act,
required to be effected by registered instrument.]
Objects and Reasons-Clause 49.- The words "in accordance with the provisions of this Act o
some difficulty if they are retained in this clause. No doubt seems ever to have been cast o
the Act of 1877, if registered in accordance with the law for the time being in force, are no
Regard being had, however, to the terms of clause 17, which reproduces section 17 of the
contained in the
47. Added by Act 21 of 1929, S. 10.
48. Now see the Specific Relief Act, 1963.
49. The words "or as evidence of part performance of a contract for the purposes of section 53-A of the Transfe
General Clauses Act, section 3(45), might lead to a construction of clause 49 which would make these
retained. They have, accordingly, been omitted
COMMENTS
S. 49 bars the reception in evidence of a document of transfer which is required to be regis
of Property Act, but not registered. It does not lay down any prohibition in respect of trans
therefore, apparent that the bar provided for in S.49 relates to an unregistered document o
Registration Act or under the Transfer of Property Act. The proviso is an exception to S. 49
unregistered document of transfer will not apply in certain cases. As the Kobala in question
Tenancy Act, 1885, the prohibition contained in S. 49 does not apply and the Kobala is adm
Piru Charan Pal v. Sunilmoy Nemo A.I.R. 1973 CaI. 1 (F.B.).
Proviso (c) of S. 12 of the Hindu Adoptions and Maintenance Act, 1956 departs from the ge
not divest any person of any estate vested in him or her before the adoption; S. 13 of the H
the parties intend to limit operation of the proviso (c), they might do so by agreement. Thu
and she adopted a child by providing in an unregistered adoption deed that the adopted so
right to alienate any part thereof but, subsequently, she did alienate the property, held, the
an absolute owner after the commencement of the Hindu Succession Act, 1956; her adoptin
The adopted child would acquire rights in the property after her death. The creation of an i
mother in the property in the deed was of no effect as being an unregistered deed, it was n
was not registered. Therefore, alienation made by the widow was legal: Dinaji v. Daddi A.I
unregistered award in evidence under S. 49 of the Registration Act, but such document sha
award and it can be received in evidence for collateral purpose. It can also be set up as a d
by the parties: P. Sadananda Reddy v. C. Venkata Ratnam (2000) 3 An.L.T. 229: (2000) 3 A
1908
S/17
S/18
S/23
S/25
S/47
S/49
Central Legislation 20 MARKS

LAND LAWS
Environment Protection Act 1986
Syllabus-
Environment Protection Act 1986
(i) S/3 – and concept of CRZ – Coastal Regulation Zone
Statement of Objects and Reasons:
An Act to provide for the protection and improvement of environment and for matters connected ther
WHEREAS the decisions were taken at the United Nations Conference on the Human Environment hel
which India participated, to take appropriate steps for the protection and improvement of human env

AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as th
improvement of environment and the prevention of hazards to human beings, other living creatures,
CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT
Sec3.-Power of Central Government to take measures to protect and improve enviro
(1) Subject to the provisions of this Act, the Central Government, shall have the power to take all suc
or expedient for the purpose of protecting and improving the quality of the environment and prevent
environmental pollution.
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such me
respect to all or any of the following matters, namely :-
(i) co-ordination of actions by the State Governments, officers and other authorities,-
(a) under this Act, or the rules made thereunder, or
(b) under any other law for the time being in force which is relatable to the objects of this Act;

(ii) planning and execution of a nation-wide programme for the prevention, control and abatement of
(iii) laying down standards for the quality of environment in its various aspects;
(iv) laying down standards for emission or discharge of environmental pollutants from various source
Provided that different standards for emission or discharge may be laid down under this clause from d
the quality or composition of the emission or discharge of environmental pollutants from such source
(v) restriction of areas in which any industries, operations or processes or class of industries, operatio
out or shall not be carried out subject to certain safeguards;
(vi) laying down procedures and safeguards for the prevention of accidents which may cause environ
measures for such accidents;
(vii) laying down procedures and safeguards for the handling of hazardous substances;
(viii) examination of such manufacturing processes, materials and substances as are likely to cause e
(ix) carrying out and sponsoring investigations and research relating to problems of environmental po
(x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, mat
order, of such directions to such authorities, officers or persons as it may consider necessary to take
and abatement of environmental pollution;
(xi) establishment or recognition of environmental laboratories and institutes to carry out the function
laboratories and institutes under this Act;
(xii) collection and dissemination of information in respect of matters relating to environmental pollut
(xiii) preparation of manuals, codes or guides relating to the prevention, control and abatement of en
(xiv) such other matters as the Central Government deems necessary or expedient for the purpose o
implementation of the provisions of this Act.

(3) The Central Government may, if it considers it necessary or expedient so to do for the purpose of
Official Gazette, constitute an authority or authorities by such name or names as may be specified in
exercising and performing such of the powers and functions, (including the power to issue directions
Government under this Act and for taking measures with respect to such of the matters referred to in
mentioned in the order and subject to the supervision and control of the Central Government and the
authority or authorities may exercise the powers or perform the functions or take the measures so m
authority or authorities has been empowered by this Act to exercise those powers or perform those fu

Concept of Costal regulation Zone (CRZ)

Table of Contents

1 Coastal Regulation Zone (CRZ)

1.1 Coastal Regulation Zone (CRZ) Notification 1991
1.1.1 Shortcomings of CRZ Notification 1991
1.2 Coastal Regulation Zone (CRZ) Notification 2011
1.2.1 Objectives
1.2.2 Classification of coastal zones under CZR Notification 2011
1.2.3 Provisions for the Fisherfolk Communities under CZR Notification 2011
1.2.4 Measures to Combat Pollution under CRZ 2011
1.2.5 Procedure for Clearances
1.2.6 Enforcement Measures
1.2.7 Special dispensations given to ecologically sensitive areas
1.2.8 Island Protection Zone Notification
1.3 Coastal Regulation Zone (CRZ) committee report
1.3.1 Recommendations
Coastal Regulation Zone (CRZ)
GS 3 – Conservation
NGT stayed sand mining in CRZ areas of Udupi District, Karnataka.
Some sections demand a complete ban on sand mining in CRZ areas.
So let’s take a look at what exactly are CRZ areas and which laws govern them.
Coastal Regulation Zone (CRZ) Notification 1991
Issued by MoEF under Environment (Protection) Act, 1986.
Mandate: Take measures to protect and conserve our coastal environment.
Shortcomings of CRZ Notification 1991
Uniform regulations for the entire Indian coastline without taking into account the diversity in t
patterns, natural resources, etc.
1991 Notification laid no clear procedure for obtaining CRZ clearance.
 Post clearance monitoring and enforcement mechanism was not laid out.
Measures/rules to check pollution emanating from land based activities were not included.

Caused hardships to traditional communities living in ecologically sensitive coastal stretches (fis
Coastal Regulation Zone (CRZ) Notification 2011
Many amendments were made to CRZ notification 1991 and all these amendments were consolid
The 2011 Notification takes into account and address all the above mentioned issues.
Objectives

To conserve and protect coastal stretches;

To ensure livelihood security to the fishing & local communities living in the coastal areas;
To promote development in a sustainable manner based on scientific principles, taking into ac
level rise.
Classification of coastal zones under CZR Notification 2011
CRZ-I (ecologically sensitive areas likes mangroves, coral reefs, biosphere reserves etc.),
CRZ-II (built-up area – villages and towns are that are already well established),
CRZ-III (Rural and urban areas that are not substantially developed), and
CRZ-IV (water areas upto the territorial waters and the tidal influenced water bodies).
A separate draft Island Protection Zone Notification has been issued for protection of the island
Lakshadweep under Environment (Protection) Act, 1986.
CRZ-I category

1) Ecologically sensitive areas and the geomorphological features that play a primary role in mainta
1. Mangroves, Corals and coral reefs;
 2. Sand Dunes, Mudflats which are biologically active;
3. National parks and other protected areas including Biosphere Reserves encompassing;
Salt Marshes;
Turtle nesting grounds;
Horse shoe crabs habitats;
Sea grass beds;
Nesting grounds of birds;
Areas or structures of archaeological importance and heritage sites;

2) The area between Low Tide Line and High Tide Line.
Activities permissible in CRZ-I

1) No new construction shall be permitted in CRZ-I except

Projects relating to the Department of Atomic Energy;
Construction of trans-harbor sea link and roads without affecting the tidal flow of water, betwee

2) Between Low Tide Line and High Tide Line in areas which are not ecologically sensitive, the foll
Exploration and extraction of natural gas;
Construction of basic amenities like schools, roads, etc. for traditional inhabitants living within t
Salt harvesting by solar evaporation of seawater;
Desalination plants;
Storage of non-hazardous cargo such as edible oil, fertilizers within notified ports;
CRZ-II category
Areas which are developed upto to the shoreline and falling within municipal limits.
Activities permissible in CRZ-II
Buildings are permissible on the landward side of the hazardous line.
Other activities such as desalination plants are also permissible.
Some construction is permitted only as per guidelines specified by the notification.
CRZ-III category
Areas that are relatively undisturbed and do not fall under either in Category I or II and also incl
not substantially developed.
Activities permissible in CRZ-III
Credits: https://goo.gl/d3rd5t
Between 0-200 metres from HTL is a No Development Zone where no construction shall be perm
Only certain activities relating to agriculture, forestry, projects of Department of Atomic Energy,
manufacture, regasification of petroleum products, non-conventional energy sources and certain
in this zone.
Between 200-500 metres of HTL, those permitted in 0-200 metres zone, construction of houses
tourism projects are permissible.
CRZ-IV category
The aquatic area from low tide line upto territorial limits is classified as CRZ-IV including the ar
body.
 Activities permissible in CRZ-IV
There is no restriction on the traditional fishing undertaken by local communities.
No untreated sewage or solid waste shall be let off or dumped in these areas.
Provisions for the Fisherfolk Communities under CZR Notification 2011
Stated objectives of the Notification are
1. to ensure livelihood security to the fisher communities, and
2. to promote development through sustainable manner.
Provisions that address the issues relating to fishermen community

Water area up to 12 nautical miles and the tidal influenced water bodies have been included under
in order to:
control the discharge of untreated sewage, effluents and the disposal of solid wastes as such activ
ecosystem;
Conserve and protect marine habitats like coral reefs, sea grass beds etc. which act as spawning,
fish and fisheries;
Regulate activities in the marine and coastal waters such as dredging, sand mining, discharge of
Enable studies with regard to the impact of climate change and disasters which have serious imp
fisherfolk communities;
No restrictions are being imposed on any fishing activities under CRZ 2011;
Coastline shall be demarcated and regulated based on high eroding category, the medium erodin
category;
Coastal Zone Management Plans shall demarcate fishing Zones and breeding areas;
Coastal Zone Management Authority takes comments on the draft Coastal Zone Management Pl
fisherman; and
The Notification allows infrastructural facilities for the local fishing communities to be construct
Measures to Combat Pollution under CRZ 2011

All coastal states are required to ensure that:

the existing practice of discharging untreated waste and effluents is phased out within a period n
Dumping of solid waste is phased out within one year from the commencement of the Notificatio
An Action Plan is to prepared for dealing with pollution in coastal areas and waters and in a time
The Action Plan is submitted to MoEF who would provide technical and financial assistance.
Procedure for Clearances

Unlike the 1991 Notification, a specific procedure has been provided in the 2011 Notification for ob
procedure is as follows:
Rapid Environment Impact Assessment (EIA) Report;
Disaster Management Report and Risk Management Report;
CRZ map indicating HTL and LTL demarcated;
No Objection Certificate from the concerned Pollution Control Boards;
The clearance accorded to the projects shall be valid for the period of five years.
 What is the post-clearance monitoring mechanism?
It shall be mandatory for the project management to submit half-yearly compliance reports.
Enforcement Measures
The CZMAs at the State level and the NCZMA, at the Central level shall be strengthened in a tim
enforcing the Notification.
The Notification lays out the method and the time frame in which actions shall be taken against
Special dispensations given to ecologically sensitive areas
Sunderbans, Gulf of Khambat and Gulf of Kutch, Malvan, Achra-Ratnagiri in Maharashtra, Karw
Vembanad in Kerala, Bhaitarkanika in Orissa, Coringa in East Godavari and Krishna in Andhra
Critical Vulnerable Coastal Areas (CVCA) and the integrated management plan would be prepare
consultation with the local communities.
Beaches such as Mandrem, Morjim, Galgiba and Agonda in Goa have been designated as turtle n
the Wildlife Protection Act, 1972. No developmental activities shall be permitted in these areas.
Island Protection Zone Notification
There are about 500 islands in Andaman & Nicobar and about 30 in Lakshadweep.
The geographical areas of some of these islands are so small that in most of the cases the 500 me
regulations overlap.
Hence, a separate Notification is being issued which takes into account the management of the e
islands of A&N which include North Andaman, Middle Andaman, South Andaman and Great Ni
Objectives of the IPZ Notification, 2011: Same as objectives of CZR 2011.
Jurisdiction of IPZ Notification 2011

For the four islands namely, North Andaman, Middle Andaman, South Andaman and Great Nico
areas within 500 metres from the High Tide Line along the seafront, while for all other islands o
entire geographical area, including the water area upto 12 nautical miles falls within purview of t
Coastal Regulation Zone (CRZ) committee report
The committee was headed by Sailesh Nayak (Former Secretary of the Earth Sciences Ministry).
It was commissioned in June 2014.
It was commissioned after states expressed dissatisfaction regarding the limitations set by the CR
The report was submitted in January 2015.
Recommendations
The committee recommended several relaxations in the terms set by the 2011 notification.
The recommendations have been put forth with the objective of giving a boost to tourism, po
estate.
Priority to Local Planning
It endorsed the dilution of regulatory powers held by the central government in coasta
1. The committee has suggested that the central government’s role in coastal areas be limited to e
regulating environmentally-sensitive areas.
2. Construction, except those requiring environmental clearances, should fall under the ambit of
bodies instead of being regulated by centre.
 3. Urban planning rules prepared by local authorities be prioritized for slum development and re
regulations.
Relaxing HTL limits
For rural areas with a population density of over 2,161 persons/sq km, the “no-development buff
the High Tide Line (HTL).
For other areas, the buffer has been recommended at 200m from the HTL.
Boost to infrastructure and Tourism
Allowing reclamation of lands for specific infrastructure such as ports, bridges and fisheries-rela
public interest”.
The recommendations make a case for allowing
1. temporary tourist facilities in no-development zones in coastal areas as well as
2. permanent structures on the landward sides of national/state highways.

Source: http://goo.gl/Ehjd9d

CRZ PPT
https://www.slideshare.net/vaishnavibargotra/coastal-regulation-zone
COPY THE LINK INTO ADDRESS BAR TO VIEW PPT

Other supplementary material on whatsapp group

LAND LAWS
B
a

i)
ii)
iii)
iv)
i)
Object and Reason

CHAPTER I
PRELIMINARY
Sec1

CHAPTER III
(i)Of Use of Land
Sec41
Sec42
Sec43

Sec44
Sec44A
Sec45

Sec46

Sec47
Sec47A
Sec48
Sec49
Sec50
Sec51

Sec52

Sec53
Sec54

Sec54A

CHAPTER X
LAND RECORDS
A—Record of Rights
Sec147-159
B—Rights in unoccupied land
Sec160-167
(ii)Record of Rights
Sec147

Sec148

Sec148A
Sec149

Sec150
Sec151
Sec152

Sec153

Sec154
Sec155

Sec156

Sec157

Sec158

Sec159

Sec160

Sec 161
Sec162

Sec163

Sec164
Sec165

Sec166
Sec167

CHAPTER XIII
(iii)APPEALS, REVISION AND REVIEW
2Sec246

Sec247

Sec248
Sec249

Sec250

Sec251

Sec252

Sec253

Sec254

Sec255
Sec256

Sec257
Sec 258

Sec259

CHAPTER XIV
SPECIAL PROVISIONS FOR
LAND REVENUE IN THE
CITY OF BOMBAY
(iv)SPECIAL PROVISIONS FOR
LAND REVENUE IN THE CITY OF BOMBAY
Sec260

Sec261

2Sec262
3Sec262A.

Sec262B

Sec262C
Sec262D

Sec262E

Sec263
Sec264

Sec265

Sec266

Sec 267
Sec 268

Sec 269

Sec270

Sec271
Sec272

Sec 273

Sec274

Sec275
Sec276

Sec 277

Sec278

Sec279

Sec 280
Sec281

Sec 282

Sec283

Sec 284

Sec285
Sec286

Sec 287

Sec 288

Sec289

Sec 290

Sec291
Sec292

Sec293

Sec 294

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Sec296

Sec297
Sec298

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Sec300

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Sec 305

Sec306

Sec307
STATE LEGISLATION
Maharashtra Land Revenue Code
SYLLABUS
Use of Land
Record of Rights
Appeals,Revision & Review
Special Provisions for Land Revenue in the City of Bombay
Use of Land
An Act to unify and amend the law relating to land and land revenue
in the State of Maharashtra.
WHEREAS, it is expedient to unify and amend the law relating to land and land
revenue in the State of Maharashtra and to provide for matters connected therewith;
It is hereby enacted in the Sixteenth Year of the Republic of India as follows

Short title and commencement.

1. (1) This Act may be called the Maharashtra Land Revenue Code, 1966.
(2) This Code extends to the whole of the State of Maharashtra; but the provisions
of Chapters III (except the provisions relating to encroachment on land), IV,
V, VI, VII, VIII, IX, X, XI, XII (except section 242) and XVI (except sections 327, 329,
330, 1[(330A)], 335, 336 and 333, shall not apply to the City of Bombay.
(3) It shall come into force in the whole of the State of Maharashtra on such
date 2as the State Government may by notification in the Official Gazette, appoint
and different dates may be appointed for different provisions

Sec41-51A
Uses to which holder of land for purposes of agriculture may put his land
1[(1)] 2[Subject to the provisions of this section, holder of any land]
assessed or held for the purpose of agriculture is entitled by himself, his servants,
tenants, agents or other legal representatives to erect farm 3[building], construct
wells or tanks or make any other improvements thereon for the better cultivation of
the land, or its more convenient use for the purpose aforesaid.
4[(2) From the date of commencement of the Maharashtra Land Revenue
Code (Amendment) Act, 1986 (hereinafter in this section referred to as “ such
commencement date ”) before erection any farm building or carrying out any
work or renewal of, re-construction of, alterations in, or additions to, any such
farm building, or any farm building erected before such commencement date, on
any land which is situated,––
(a) within the limits of––
(i) the Municipal Corporation of Greater Bombay,
(ii) the Corporation of the City of Pune,
(iii) the Corporation of the City of Nagpur,
and the area within eight kilometres from the periphery of the limits of each of
these corporations ;
(b) within the limits of any other Municipal Corporation constituted under
any law for the time being in force and the area within five kilometres from the
periphery of the limits of each such Municipal Corporation ;
(c) within the limits of the ‘ A ’Class Municipal Councils and the area within
three kilometres from the periphery of the limits of each such Municipal
Council ;
(d) within the limits of the ‘ B ’ and ‘ C ’ Class Municipal Councils ; or
(e) within the area covered by the Regional Plan, Town Planning Scheme,
or proposals for the development of land (within the notified area) or (an area
designated as) the site of the new town, whether each of these being in draft or
final, prepared, sanctioned or approved under the Maharashtra Regional and
Town Planning Act, 1966 ;
the holder or any other person referred to in sub-section (1), as the case may be,
shall, notwithstanding anything contained in sub-clause (d) and (e) of clause (14)
of section 2, make an application, in the prescribed form, to the Collector for
permission to erect such farm building or to carry out any such work of renewal,
re-construction, alteration or additions as aforesaid.

(3) The Collector may, subject to the provisions of sub-section (4) and such
terms and conditions as may be prescribed, grant such permission for erection of
one or more farm buildings having a plinth area not exceeding the limits specified
below :––
1 Section 41 was renumbered as sub-section (1) of that section, by Mah. 32 of 1986, s. 2.
2 These words, were substituted for the words “ A holder of any land ”, ibid, s. 2 (a) (i).
3 This word substituted for the word “buildings”, ibid, s. 2 (a) (ii).
4 Sub-sections (2) to (6) were added by Mah. 32 of 1986, s. 2 (b).
(i) if the area of the agricultural holding on which one or more farm
buildings are proposed to be erected exceeds 0.4 hectares but does not
exceed 0.6 hectares, the plainth area of all such buildings shall not exceed 150
square metres ; and
(ii) if the area of the agricultral holding on which one or more farms
buildings are proposed to be erected is more than 0.6 hectares, the plinth area
of all such buildings shall not exceed one-fortieth area of that agricultural
holding or 400 square meters, whichever is less :
Provided that, if one or more farm buildings proposed to be erected are to
be used, either fully or in part, for the residence of members of the family,
servants or tenants of the holder, the plinth area of such building or buildings
proposed to be used for residential purpose shall not exceed 150 square meters,
irrespective of the fact that the area of the agricultural holding on which such
building or buildings are proposed to be erected exceeds 0.6 hectares.
(4) The Collector shall not grant such permission––
(a) (i) if the area of the agricultural holding on which such building is
proposed to be erected is less than 0.4 hectares ;
(ii) if the height of such building from its plinth level exceeds 5 meters and
the building consists of more than one floor, that is to say, more than ground
floor ;
(iii) for erection of more than one farm building for each of the purposes
referred to in clause (9) of section 2 ;
(b) if any such work of erection invloves renewal or re-construction or
alterations or additions to an existing farm building beyond the maximum limit
of the plinth area specified in sub-section (3) or beyond the limit of the height
of 5 meters from the plinth level and a ground floor.
Explanation.––For the puposes of sub-sections (3) and (4), if only one farm
building is proposed to be erected on an agricultural holding, “ plinth area ” means
the plinth area of that building, and if more than one farm buildings are proposed to
be erected on an agricultural holdings, “ plinth area ” means the aggregate of the
plinth area of all such buildings.
(5) Where an agricultural holding is situated within the limits of any Municipal
Corporation of Municipal Council constituted under any law for the time being in
force, the provisions of such law or of any rules or bye-laws made thereunder,
or of the Development Control Rules made under the provisions of the Maharashtra
Regional and Town Planning Act, 1966, or any rules made by the State or Central
Government in respect of regulating the building and control lines for different
portions of National or State highways or major or other district roads or village
roads shall, save as otherwise provided in this section, apply or continue to apply
to any farm building or buildings to be erected thereon or to any work of renewal or
reconstructions or alterations or additions to be carried out to the existing farm
building or buildings thereon, as they apply to the building permissions granted or
regulated by or under such law or Development Control Rules or rules in respect of
regulating the building and control lines of highways or roads.
(6) Any land used for the erection of a farm building or for carrying out any work
of renewal, re-construction, alterations or additions to a farm building as aforesaid
in contravention of the provisions of this section shall be deemed to have been
used for non-agricultural purpose and the holder or, as the case may be, any
person referred to in sub-section (1) making such use of land shall be liable to the
penalties or damages specified in section 43 or 45 or 46, as the case may be.]
Permission for nonagricultural use
1[(1)] No land used for agriculture shall be used for any non-agricultural
purposes; and no land assessed for one non-agricultural purpose shall be used for
any other non-agricultural purpose or for the same non-agricultural purpose but in
relaxation of any of the conditions imposed at the time of the grant of permission
for non-agricultural purpose, except with the permission of the Collector.
1[(2) Notwithstanding anything contained in sub-section (1), no such
permission shall be necessary for conversion of use of any agricultural land for the
personal bona fide residential purpose in non-urban area, excluding,––

(a) the area mentioned in clause (2) of the Explanation to section 47A, as a
peripheral area of the Municipal Corporation or the Municipal Council ;
(b) the area falling within the control line of the National Highways, State

Highways, District Roads or Village Roads ;

(c) the areas notified as the Eco-sensitive Zone by the Government of India.]

Restrictions on use
Subject to the rules made by the State Government in this behalf the
Collector or a Survey Officer may regulate or prohibit the use of land liable to the

payment of land revenue for purposes such as, cultivation of unarable land in a
survey number assigned for public purpose, manufacture of salt from agricultural
land, removal of earth, stone, kankar, murum or any other material from the land

assessed for the purpose of agricultural only, so as to destroy or materially injure

the land for cultivation, removal of earth, stone (other than loose surface stone),
kankar, murum or any other material from the land assessed as a building site,
excavation of land situated within a gaothan ; and such other purposes as may be
prescribed ; and may summarily evict any person who uses or attempts to use
the land for any such prohibited purpose.
Procedure for conversion of use of land from one purpose to another
(1) 2[Subject to the provisions of sub-section (2) of section 42, if an occupant
of unalienated land or a superior holder of alienated land or a tenant of such
land––
(a) which is assessed or held for the purpose of agriculture, wishes to use it
for a non-agricultural purpose, or]
(b) if land is assessed or held for a particular non-agricultural purpose, wishes
to use it for another non-agricultural purpose, or
(c) desires to use it for the same non-agricultural purpose for which it is
assessed but in relaxation of any of the conditions imposed at the time of grant
of land or permission for such non-agricultural purpose,
such occupant or superior holder or tenant shall, with the consent of the tenant, or
as the case may be, of the occupant or superior holder, apply to the Collector for
permission in accordance with the form prescribed.
1 Section 42 was renumbered as sub-section (1) thereof and after the said sub-section (1) as
so renumbered, sub-section (2) was added by Mah. 17 of 2007, s. 2
2 This portion was substituted for the portion begining with the words “if an occupant” and
ending with the words “for a non-agricultural purpose, or” ibid, s. 3.
(2) The Collector, on receipt of an application,––
(a) shall acknowledge the application within seven days ;
(b) may, unless the Collector directs otherwise, return the application if it is
not made by the occupant or superior holder or as the case may be, the tenant
or if the consent of the tenant, or as the case may be, of the occupant or superior
holder has not been obtained, or if it is not in accordance with the form prescribed;
(c) may, after due enquiry, either grant the permission on such terms and
conditions as he may specify subject to any rules made in this behalf by the
State Government ; or refuse the permission applied for, if it is necessary so to
do to secure the public health, safety and convenience or if such use is
contrary to any scheme for the planned development of a village, town or city in
force under any law for the time being in force and in the case of land which is
to be used as building sites in order to secure in addition that the dimensions,
arrangement and accessibility of the sites are adequate for the health and
convenience of the occupiers or are suitable to the locality ; where an application is
rejected, the Collector shall state the reasons in writing of such rejection.
(3) If the Collector fails to inform the applicant of his decision within ninety
days from the date of acknowledgement of the application, or from the date of
receipt of the application–if the application is not acknowledged, or within
fifteen days from the date of receipt of application for a temporary change of user
or where an application has been duly returned for the purposes mentioned in
clause (b) of sub-section (2), then within ninety days 1[or as the case may be,
within fifteen days] from the date on which it is again presented duly complied
with, the permission applied for shall be deemed to have been granted, but
subject to any conditions prescribed in the rules made by the State Government in
respect of such user.
(4) The person to whom permission is granted or deemed to have been granted
under this section shall inform the Tahsildar in writing through the village officers the date
on which the change of user of land commenced, within thirty days from such date.
(5) If the person fails to inform the Tahsildar within the period specified in
sub-section (4), he shall be liable to pay in additon to the non-agricultural
assessment such fine as the Collector may, subject to rules made in this behalf,
direct but not exceeding five hundred rupees.
(6) When the land is permitted to be used for a non-agricultural purpose, a
sanad shall be granted to the holder thereof in the form prescirbed under the rules.
It shall be lawful for the Collector either of his own motion or on the application
of a person affected by the error, to direct at any time the correction of any clerical
or arithmetical error in the sanad arising from any accidental slip or omission.
No permission required for bona fide industrial use of land
(1) Notwithstanding anything contained in section 42 or 44, where a
person desires to convert any land held for the prupose of agriculture or held for a
particular non-agricultural purpose, situated,––
(i) within the industiral zone of a draft or final regional plan or draft, interim or
final development plan or draft or final town planning scheme, as the case may
be, prepared under the Maharashtra Regional and Town Planning Act, 1966, or
any other law for the time being in force ; or within the agricultural zone of any
of such plans or schemes and the development control regulations or rules
framed under such Act or any of such laws permit industrial use of land ; or
1These words were inserted by Mah. 4 of 1970, s. 3.
2 Section 44A was inserted by Mah. 26 of 1994, s. 2.
(ii) within the area where no plan or scheme as aforesaid exists, 1[for a
bona-fide industrial use ; or
(iii) within the area undertaken by a private developer as a special township
project,
then, no permission for such conversion of use of land shall be required, subject to
the following conditions, namely :––
(a) the person intending to put the land to such use has a clear title and
proper access to the said land ;
(b) such person has satisfied himself that no such land or part thereof is
reserved for any other public purpose as per the Development plan (where such
plan exists) and the proposed bona fide industrial use 2[or special township
project, as the case may be,] does not conflict with the overall scheme of the
said Development plan ;
(c) no such land or part thereof is notified for acquisition under the Land
Acquisition Act, 1894 or the Maharashtra Industrial Development Act, 1961 or
covers the alignment of any road included in the 1981-2001 Road Plan or any
subsequent Road Plan prepared by the State Government ;
(d) such person ensures that the proposed industry 3[or special township
project, as the case may be,] does not come up within thirty metres of any
railway line or within fifteen metres of a high voltage transmission line ;
(e) there shall be no contravention of the provisions of any law, or any rules,
regulations or orders made or issued, under any law for the time being in force,
by the State or Central Government or any local authority, statutory authority,
Corporation controlled by the Central or State Government or any Government
Company pertaining to management of Coastal Regulation Zone, or of the Ribbon
Development Rules, Building Regulation, or rules or any provisions with
regard to the benefitted zones of irrigation project and also those pertaining to
environment, public health, peace or safety:
4[Provided that,the provisions of this sub-section shall not apply to the areas
notified as the Eco-sensitive Zone, by the Government of India.]
(2) The person so using the land for a bona fide industrial use 5[or special
township project, as the case may be,] shall give intimation of the date on which
the change of user of land has commenced and furnish other information, in the
prescribed form within thirty days from such date, to the Tahsildar through the
village officers, and shall also endorse a copy thereof to the Collector :
Provided that, where such change of user of land has commenced before the
rules prescribing such form are published finally in the Official Gazette, such
intimation and information shall be furnished within thirty days from the date on
which such rules are so published.
1 This portion was substituted for the portion begining with the words “for a bona fide
industrial use ” and ending with the words “conditions, namely :– ” by Mah. 26 of 2005,
s. 2 (a) (i).
2 These words were inserted, ibid, s. 2 (a) (ii).
3 These words were inserted, ibid, s. 2 (a) (iii).
4 These proviso were added, ibid, s. 2 (a) (iv).
5 These words were inserted, ibid, s. 2 (b).
(3) (a) If the person fails to inform the Tahsildar and the Collector, as aforesaid,
within the period specified in sub-section (2) or on verification it is found from the
information given by him in the prescribed form that, the use of land is in contravention
of any of the conditions specified in sub-section (1), he shall be liable to
either of, or to both, the following penalties, namely :––
(i) to pay in addition to the non-agricultural assessment which may be
leviable by or under the provisions of the Code, such penalty not exceeding
rupees ten thousand ; as the Collector may, subject to the rules, if any, made
by the State Government in this behalf direct :
Provided that, the penalty so levied shall not be less than twenty times the
non-agricultural assessment of such land irrespective whether it does or does
not exceed rupees ten thousand ;
(ii) to restore the land to its original use.
(b) Where there has been a contravention of any of the conditions specified in
sub-section (1), such person shall, on being called upon by the Collector, by
notice in writing, be required to do anything to stop such contravention as directed
by such notice and within such period as specified in such notice ; and such
notice may also require such person to remove any structure, to fill up any
excavation or to take such other steps as may be required in order that the land
may be used for its original purpose or that the conditions may be satisfied within
the period specified in the notice.
(4) (a) If any person fails to comply with the directions or to take steps required
to be taken within the period specified in the notice, as aforesaid, the Collector
may also impose on such person a further penalty not exceeding five thousand
rupees for such contravention, and a daily penalty not exceeding one hundred
rupees for each day during which the contravention continues.
(b) It shall be lawful for the Collector himself to take or cause to be taken
such steps as may be necessary ; and any cost incurred in so doing shall be
recoverable from such person as if it were an arrear of land revenue.
(5) As soon as an intimation of use of land for bona fide industrial use 1[or
special township project, as the case may be,] is received under sub-section (2)
and on verification it is found that the holder of the land fulfils all the conditions
specified in sub-section (1), a sanad shall be granted to the holder thereof in the
prescribed form.
Where there is any clerical or arithmetical error in the sanad arising from any
accidental slip or omission, it shall be lawful for the Collector either of his own
motion or on the application of a person affected by the error to direct at any time
the correction of any such error.
2[Explanation-I.––For the purposes of this section “ bona fide industrial use ”
means the activity of manufacture, preservation or processing of goods, or any
handicraft, or industrial business or enterprise, carried on by any person 3[or the
activity of tourism, within the area notified as the tourist place or hill station, by the
State Government] and shall include construction of industrial buildings used for
1 These words were inserted by Mah. 26 of 2005, s. 2 (c).
2 The existing Explanation was renumbered as Explanation-I and after the Explanation-I so
renumbered, the Explanation-II was added, ibid, s. 2 (e).
3 These words were inserted and deem to have been inserted with effect from 1st July, 2000,
ibid, s. 2 (d).
Penalty for so using land without permission
1) If any land held or assessed for one purpose is used for another
purpose––
(a) without obtaining permission of the Collector under section 44 or before
the expiry of the period after which the change of user is deemed to have been
granted under that section, or in contravention of any of the terms and conditions
subject to which such permission is granted, or
(b) in contravention of any of the conditions subject to which any exemption
or concession in the payment of land revenue in relation to such land is granted,
the holder thereof or other person claiming through or under him, as the case
may be, shall be liable to the one or more of the following penalties, that is to
say,––
(i) to pay non-agricultural assessment on the land leviable with reference
to the altered use ;
(ii) to pay in addition to the non-agricultural assessment which may be
leviable by or under the provisions of this Code such fine as the Collector
may, subject to rules made by the State Government in this behalf, direct ;
(iii) to restore the land to its original use or to observe the conditions on
which the permission is granted within such reasonable period as the
Collector may by notice in writing direct; and such notice may require such
person to remove any structure, to fill up any excavation or to take such
other steps as may be required in order that the land may be used for its
original purpose or that the conditions may be satisfied.
(2) If any person fails within the period specified in the notice aforesaid to take
steps required by the Collector, the Collector may also impose on such person a
penalty not exceeding three hundred rupees for such contravention, and a further
penalty not exceeding thirty rupees for each day during which the contravention is
persisted in. The Collector may himself take those steps or cause them to be
taken; and any cost incurred in so doing shall be recoverable from such person as
if it were an arrear of land revenue.
Explanation.––Using land for the purpose of agriculture where it is assessed
with reference to any other purpose shall not be deemed to be change of user.
Responsibility of tenant or other person for wrongful use
If a tenant of any holder or any person claiming under or through him uses
land for a purpose in contravention of the provisions of section 42, 43 or 44
without the consent of the holder and thereby renders the holder liable to the
penalties specified in section 43, 44 or 45, the tenant or the person, as the case
may be, shall be responsible to the holder in damages
1 The existing Explanation was renumbered as Explanation-I and after the Explanation-I so
renumbered, the Explanation-II was added, by Mah. 26 of 2005, s. 2 (e).
Power of State Government to exempt lands from provisions of 1[section 41,42], 44
Nothing in 1[section 41, 42,] 44, 45 or 46 shall prevent––
(a) the State Government from exempting any land or class of lands from
the operation of any of the provisions of those sections, if the State Government
is of opinion that it is necessary, in the public interest for the purpose of
carrying out any of the objects of this Code to exempt such land or such class
of lands; and
(b) the Collector from regularising the non-agricultural use of any land on
such terms and conditions as may be prescribed by him subject to rules made
in this behalf by the State Government.
Liability for payment of conversion tax by holder for change of user of land

(1) There shall be levied and collected additional land revenue, to be

called the conversion tax, on account of change of user of lands.
(2) Where any land assessed or held for the purpose of agriculture is situated
within 3[the limits of Mumbai Municipal Corporation area excluding the area of
the Mumbai City District or any other Municipal Corporation area] or of any ‘A’
Class or ‘B’ Class Municipal area or of any peripheral area of any of them, and––
(a) is permitted, or deemed to have been permitted under sub-section (3) of
section 44, to be used for any non-agricultural purpose ;4*[***]
(b) is used for any non-agricultural purpose, without the permission of the
Collector being first obtained, or before the expiry of the period referred to in subsection
(3) of section 44, and is regularised under clause (b) of 5[section 47 ; or]
6[(c) is put to a bona fide industrial use as provided in section 44A,––]
then, the holder of such land shall, subject to any rules made in this behalf, be
liable to pay to the State Government, the conversion tax, which shall be equal
to 7[five times] the non-agricultural assessment leviable on such land, in
accordance with the prupose for which it is so used or permitted to be used.
(3) Where any land assessed or held for any non-agricultural purpose is
situated in any of the areas referred to in sub-section (2), and––
(a) is permitted, or deemed to have been permitted under sub-section (3) of
section 44, to be used for any other non-agricultural purpose ; 8*[***]
(b) is used for any other non-agricultural purpose, without the permission of the
Collector being first obtained, or before the expiry of the period referred to in subsection
(3) of section 44, and is regularised under clause (b) of 9[section 47 ; or]
10[(c) is put to a bona fide industrial use as provided in section 44A,––
then, the holder of such land shall, subject to any rules made in this behalf, be
liable to pay to the State Government, the conversion tax, which shall be equal
to 11[five times] the non-agricultural assessment leviable on such land, in
accordance with the purpose for which it is so used or permitted to be used.
1 These words and figures were substituted for the word and figures “section 42” by Mah. 32
of 1986, s. 3.
2 Section 47A was inserted by Mah. 8 of 1979, s. 2.
3 This portion was subtituted for the portion beginning with the words “the limits of Greater
Bombay” and ending with the word “Solapur” by Mah. 23 of 1999, s. 2 (1) (a).
4 The word “or” was deleted by Mah. 26 of 1994, s. 3(a)(i).
5 These words and figures were substituted for the word and figures “section 42”, ibid, s. 3(a) (ii).
6 This clause was inserted, ibid, s. 3(a) (iii).
7 These words were substituted for the words “three times” by Mah. 23 of 1999, s. 2 (1) (b).
8 *The words “or” was deleted ibid, s. 3 (b) (i).
9 These words and figurers were substituted for the words and figuers “section 42”, ibid,
s. 3 (a) (ii).
10 This clause was instered, ibid, s. 3 (b) (iii).
11 These words were substituted for the words “three times” ibid, s. 2 (2).
Explanation.––For the purposes of this section,––
(1) 1[(a) “ Mumbai Municipal Corporation” means the Mumbai Municipal
Corporation constituted under the Mumbai Municipal Corporation Act ;
(b) “any other Municipal Corporation” means all the other existing Municipal
Corporations, constituted under the City of Nagpur Corporation Act, 1948 or the
Bombay Provincial Municipal Corporation Act, 1949, as the case may be ;]
(c) “ ‘A’ Class or ‘B’ Class Municipal area” means any Municipal area classified
as ‘A’ Class or, as the case may be, ‘B’ Class Municipal area under 2[the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act,
1965] ;
(2) “ peripheral area ” in relation to––
3[(a) Mumbai Municipal Corporation area (excluding the area of the Mumbai
City District) and Municipal Corporation areas of the Nagpur and Pune Municipal
Corporations means the area within eight kilometres from their periphery ; and
(b) all the other Municipal Corporations areas means the area within five
kilometres from their periphery];
(c) any ‘A’ Class or ‘B’ Class Municipal area, means the area within one kilometre
from the periphery of each of such ‘A’ Class or ‘B’ Class Municipal areas.
Government title to mines and minerals.
(1) 4[The right to all minerals] at whatever place found, whether on surface
or undergorund, including all derelict or working mines and quarries, old dumps,
pits, fields, bandhas, nallas, creeks, river-beds and such other places, is and is
hereby declared to be expressly reserved and shall vest in the State Government
which shall have all powers necessary for the proper enjoyment of such rights.
5[* * * * * *]
(2) The right to all mines and quarries includes the right of access to land for
the purpose of mining and quarrying and right to occupy such other land as may
be necessary for purposes subsidiary thereto, including erection of offices,
workmen’s dwelling and machinery, the stacking of minerals and deposit of refuse,
the construction of roads, railways or tram-lines, and any other purposes which
the State Government may declare to be subsidiary to mining and quarrying.
(3) If the State Government has assigned to any person its right over any
minerals, mines or quarries, and if for the proper enjoyment of such right, it is
necessary that all or any of the powers specified in sub-sections (1) and (2) should
be exercised, the Collector may, by an order in writing, subject to such conditions
and reservations as he may specify, delegate such powers to the person to whom
the right has been assigned :
Provided that, no such delegation shall be made until notice has been duly
served on all persons having rights in the land affected, and their objections have
been heard and considered.
1 These clauses were substituted by Mah. 23 of 1999, s. 2 (3) (a) (i).
2 These words were substituted for the words and figures “the Maharashtra Municipalties
Act, 1965” ibid., s. 2 (3) (a) (ii).
3 These sub-clauses were substituted for sub-clauses (a), (b) and (c), ibid, s. 2 (3)(b).
4 These words were substituted for the words, “unless it is otherwise expressly provided by
the tems of the grant made by the State Government, the right to all minerals” by Mah. 16 of
1985, s. 14(a).
5 The proviso was deleted, ibid, s. 14 (b).
(4) If, in the exercise of the right herein referred to over any land, the rights
of any persons are infringed by the occupation or disturbance of the surface of
such land, the State Government or its assignee shall pay to such persons
compensation for such infringement and the amount of such compensation shall,
in the absence of agreements, be determined by the Collector or, if his award is
not accepted, by the civil court, in accordance with the provisions of the Land
Acquisition Act, 1894.
(5) No assignee of the State Government shall enter on or occupy the surface
of any land without the previous sanction of the Collector unless compensation
has been determined and tendered to the persons whose rights are infringed :
Provided that, it shall be lawful for the Collector to grant interim permission
pending the award of the civil court in cases where the question of determining the
proper amount of compensation is referred to such court under sub-section (4).
(6) If an assignee of the State Government fails to pay compensation as
provided in sub-section (4), the Collector may recover such compensation from
him on behalf of the persons entitled to it, as if it were an arrear of land revenue.
(7) Any person who without lawful authority extracts, removes, collects,
replaces, picks up or disposes of any mineral from working or derelict mines,
quarries, old dumps, fields, bandhas (whether on the plea of repairing or
constructions of bund of the fields or any other plea), nallas, creeks, river-beds, or
such other places wherever situate, the right to which vests in, and has not been
assigned by the State Government, shall, without prejudice to any other mode of
action that may be taken against him, be liable, on the order in writing of the
Collector, to pay penalty not exceeding a sum determined, at three times the
market value of the minerals so extracted, removed, collected, replaced, picked
up or disposed of, as the case may be :
Provided that, if the sum so determined is less than one thousand rupees the
penalty may be such larger sum not exceeding one thousand rupees as the
Collector may impose.
(8) Without prejudice to the provision in sub-section (7), the Collector may
seize and confiscate any mineral extracted, removed, collected, replaced, picked
up or disposed of from any mine, quarry or other place referred to in sub-section
(7) the right to which vests in, and has not been assigned by, the State Government.
(9) The State Government may make rules to regulate the extraction and
removal of minor minerals required by the inhabitants of a village, town or city for
their domestic, agricultural or professional use on payment of fees or free of charge
as may be specified in the rules.
Explanation.—For the purposes of this section, “minor minerals” means the
minor minerals in respect of which the State Government is empowered to make
rules under section 15 of the Mines and Minerals (Regulation and Development)
Act, 1957.
Construction of water course through land belonging to other person
(1) If any person (hereinafter called “the applicant” ) desires to construct a
water course to take water to irrigate his land for the purpose of agriculture from a
source of water to which he is entitled (including any source of water belonging to
Government from which water is permitted to be taken) but such water course is to
be constructed through any land which belongs to or is in possession of another
person (hereinafter called “the neighbouring holder”), and if no agreement is arrived
at for such construction between the applicant and the neighbouring holder, the
person desiring to construct the water course may make an application in the
prescribed form to the Tahsildar.
Explanation.—For the purposes of this section, the neighbouring holder
includes the person to whom the land belongs and all persons holding through or
under him.
(2) On receipt of the application, if the Tahsildar after making an enquiry and
after giving the neighbouring holder and all other persons interested in the land, an
opportunity of stating any objection to the application, is satisfied that for ensuring
the full and efficient use for agriculture of the land belonging to the applicant it is
necessary to construct the water course, he may by order in writing, direct the
neighbouring holder to permit the applicant to construct the water course on the
following conditions :—
(i) The water course shall be constructed through such land in such
direction and manner as is agreed upon by the parties, or failing agreement, as
directed by the Tahsildar, so as to cause as little damage to the land through
which it is constructed, as may be possible.
(ii) Where the water course consists of pipes laid under or over the surface,
it shall, as far as possible, be along the shortest distance through such land,
regard being had to all the circumstances of the land of the neighbouring holder.
Where the water course consists of underground pipes, the pipes shall be laid
at a depth not less than half a metre from the surface of the land.
(iii) Where the water course consists of a water channel, the width of the
channel shall not be more than is absolutely necessary for the carriage of
water, and in any case shall not exceed one and one-half metres.
(iv) The applicant shall pay to the neighbouring holder—
(a) such compensation for any damage caused to such land by reason
of the construction of the water course injuriously affecting such land and ;
(b) such annual rent as the Tahsildar may decide to be reasonable in
cases where the water course consists of a water channel and pipes laid
over the surface; and where it consists of underground pipes, say, at a rate
of 25 paise for every ten metres or a fraction thereof for the total length of
land under which the underground pipe is laid.
(v) The applicant shall maintain the water course in a proper state of repair.
(vi) Where the water course consists of underground pipes, the applicant
shall—
(a) cause the underground pipe to be laid with the least practicable
delay ; and
(b) dig up no more land than is reasonably necessary for the purpose of
laying the underground pipe and any land so dug up shall be filled in,
reinstated and made good by the applicant at his own cost for use by the
neighbouring holder.
vii) Where the applicant desires to lay, repair or renew the pipe, he shall do
so after reasonable notice to the neighbouring holders of his intention so to do
and in so doing shall cause as little damage as possible to the land or any
crops standing thereon.
(viii) Such other conditions as the Tahsildar may think fit to impose.
(3) An order made under sub-section (2) shall direct how the amount of
compensation shall be apportioned among the neighbouring holders and all
persons interested in the land.
(4) Any order made under sub-section (2) shall be final and be a complete
authority to him or to any agent or other person employed by him for the purpose
to enter upon the land specified in the order with assistants or workmen and to do
all such work as may be necessary for the construction of the water course and for
renewing or repairing the same.
(5) If the applicant in whose favour an order under sub-section (2) is made—
(a) fails to pay the amount of compensation or the amount of rent, it shall be
recovered as an arrear of land revenue, on an application being made to the
Tahsildar by the person entitled thereto ;
(b) fails to maintain the water course in a proper state of repairs, he shall be
liable to pay such compensation as may be determined by the Tahsildar for any
damage caused on account of such failure.
(6) If a person intends to remove or discontinue the water course constructed
under the authority conferred on him under this section, he may do so after giving
notice to the Tahsildar and the neighbouring holder.
In the event of removal or discontinuance of such water course, the person
taking the water shall fill in and reinstate the land at his own cost with the least
practicable delay. If he fails to do so, the neighbouring holder may apply to the
Tahsildar who shall require such person to fill in and reinstate the land.
(7) The neighbouring holder or any person, on his behalf shall have the right to
the use of any surplus water from the water course on payment of such rates as
may be agreed upon between the parties, and on failure of agreement, as may be
determined by the Tahsildar. If a dispute arises whether there is or is no surplus
water in the water course, it shall be determined by the Tahsildar, and his decision
shall be final.
(8) There shall be no appeal from any order passed by a Tahsildar under this
section. But the Collector may call for and examine the record of any case and
if he considers that the order passed by the Tahsildar is illegal or improper, he
may, after due notice to the parties, pass such order as he deems fit.
(9) The orders passed by the Tahsildar or Collector under this section shall not
be called in question in any Court.
(10) Where any person, who after a summary inquiry before the Collector or a
Survey Officer, Tahsildar or Naib-Tahsildar is proved to have wilfully injured or damaged
any water course duly constructed or laid under this section, he shall be
liable to a fine not exceeding one hundred rupees every time for the injury or
damage so caused.
Removal of encroachments on land vesting in Government;
Provisions for penalty and other incidental matters
(1) In the event of any encroachment being made on any land or foreshore
vested in the State Government (whether or not in charge of any local authority) or
any such land being used for the purpose of hawking or selling articles without the
sanction of the competent authority, it shall be lawful for the Collector to summarily
abate or remove any such encroachment or cause any article whatsoever
hawked or exposed for sale to be removed; and the expenses incurred therefore
shall be leviable from the person in occupation of the land encroached upon or
used as aforesaid.
(2) The person who made such encroachment or who is in unauthorised occupation
of the land so encroached upon shall pay, if the land encroached upon
forms part of an assessed survey number, assessment for the entire number for
the whole period of the encroachment, and if the land has not been assessed,
such amount of assessment as would be leviable for the said period in the same
village on the same extent of similar land used for the same purpose. Such
person shall pay in addition a fine which shall be not less than five rupees but not
more than one thousand rupees if the land is used for an agrictural purpose, and
if used for a purpose other than agriculture such fine not exceeding two thousand
rupees. The person caught hawking or selling any articles shall be liable to pay
fine of a sum not exceeding fifty rupees as the Collector may determine.
(3) The Collector may, by notice duly served under the provisions of this Code,
prohibit or require the abatement or removal of encroachments on any such lands,
and shall fix in such notice a date, which shall be a reasonable time after such
notice, on which the same shall take effect.
(4) every person who makes, causes, permits or continues any encroachment
on any land referred to in a notice issued under sub-section (3), shall in addition to
the penalties specified in sub-section (2), be liable at the discretion of the Collector
to a fine not exceeding twenty-five rupees in the case of encroachment for
agricultural purposes and fifty rupees in other cases for every day during any
portion of which the encroachment continues after the date fixed for the notice to
take effect.
(5) An order passed by the Collector under this section shall be subject to
appeal and revision in accordance with the provisions of this Code.
(6) Nothing contained in sub-sections (1) to (4) shall prevent any person from
establishing his rights in a civil court within a period of six months from the date of
the final order under this Code.
Regularisationof encroachments
Nothing in section 50 shall prevent the Collector, if the person making the
encroachment so desires, to charge the said person a sum not exceeding five
times the value of the land so encroached upon and to fix an assessment not
exceeding five times the ordinary annual land revenue thereon and to grant the
land to the encroacher on such terms and conditions as the Collector may
impose subject to rules made in this behalf; and then to cause the said land to be
entered in land records in the name of the said person :
Provided that, no land shall be granted as aforesaid, unless the Collector gives
public notice of his intention so to do in such manner as he considers fit, and
considers any objections or suggestions which may be received by him before
granting the land as aforesaid. The expenses incurred in giving such public
notice shall be paid by the person making the encroachment ; and on his failure to
do so on demand within a reasonable time, shall be recovered from him as an
arrear of land revenue.
Value and land revenue how calculated
(1) For the purposes of sections 50 and 51, the value of land that has
been encroached upon shall be fixed by the Collector according to the market
value of similar land in the same neighbourhood at the time of such valuation ; and
the annual revenue of such land shall be assessed at the same rate as the land
revenue of similar land in the vicinity.
(2) The Collector’s decision as to the value of land and the amount of land
revenue or assessment payable for the land encroached upon shall be conclusive,
and in determining the amount of land revenue, occupation for a portion of year
shall be counted as for a whole year.
Summary eviction of person unauthorisedly occupying land vesting in Government
(1) If in the opinion of the Collector any person is unauthorisedly
occupying or wrongfully in possession of any land or foreshore vesting in the State
Government or is not entitled or has ceased to be entitled to continue the use,
occupation or possession of any such land or foreshore by reason of the expiry of
the period of lease or tenancy or termination of the lease or tenancy or breach of
any of the conditions annexed to the tenure, it shall be lawful for the Collector to 1*
evict such person.
1[* * * * * * *]
2[(1-A) Before evicting such person, the Collector shall give him a reasonable
opportunity of being heard and the Collector may make a summary enquiry, if
necessary. The Collector shall record his reasons in brief, for arriving at the
opinion required by sub-section (1).]
(2) 3[The Collector shall, on his finding as aforesaid, serve] a notice on such
person requiring him within such time as may appear reasonable after receipt of
the said notice to vacate the land or foreshore, as the case may be, and if such
notice is not obeyed, the Collector may remove him from such land or foreshore.
(3) A person unauthorisedly occupying or wrongfully in possession of land after
he has ceased to be entitled to continue the use, occupation or possession by
virtue of any of the reasons specified in sub-section (1), shall also be liable at the
discretion of the Collector to pay a penalty not exceeding two times the assessment
or rent for the land, for the period of such unauthorised use or occupation.
1 The words brackets and figure summarily “summarly” and “in the manner provided in
sub-section (2)” were deleted by Mah. 36 of 1971, s. 3(a).
2 Sub-section (1A), was inserted, ibid. s. 3(b).
3 These words were substituted for the words “The Collector shall serve”, ibid., s. 3(c).
Forfeiture and removal of property left over after summary eviction
(1) After summary eviction of any person under section 53, any building
or other construction erected on the land or foreshore or any crop raised in the
land shall, if not removed by such person after such written notice as the Collector
may deem reasonable, be liable to forfeiture or to summary removal.
(2) Forfeitures under this section shall be adjudged by the Collector and any
property so forefeited shall be disposed of as the Collector may direct ; and the
cost of the removal of any property under this section shall be recoverable as an
arrear of land revenue.
[This section has ceased to be in force with effect from 1st December,
1978].

Sec147-167
Exemption from provisions of this Chapter
The State Government may, by notification in the Official Gazette,
direct that the provisions of sections 148 to 159 (both inclusive) or any part
thereof, shall not be in force in any specified local area, or with reference to any
class of villages or lands, or generally.
Record of Rights
A record of rights shall be maintained in every village and such record
shall include the following particulars :––
(a) the names of all persons (other than tenants) who are holders, occupants,
owners or mortgagees of the land or assignees of the rent or revenue thereof ;
(b) the names of all persons who are holding as Government lessees or
tenants including tenants within the meaning of relevant tenancy law ;
(c) the nature and extent of the respective interests of such person and the
conditions or liabilities, if any, attaching thereto ;
(d) the rent or revenue, if any, payable by or to any of such persons ;
(e) such order particulars as the State Government may prescribe by rules
made in this behalf, either generally or for purposes of any area specified therein.
Maintaince of record of rights etc., by using suitable storage device
The record of rights maintained under section 148 and the land records
maintained under the other provisions of this Chapter may also be so maintained
by using a suitable storage device.]
Acquisition of rights to be reported
Any person acquiring by succession, survivorship, inheritance, partition,
purchase, mortgage, gift, lease or otherwise, any rights as holder, occupant, owner,
mortgagee, landlord, Government lessee or tenant of the land situated in any part
of the State or assignee of the rent or revenue thereof, shall report orally or in
writing his acquisition of such right to the Talathi within three months from the
date of such acquisition, and the said Talathi shall at once give a written
acknowledgemet of the receipt of such report to the person making it :
1 Section 148A was inserted by Mah. 43 of 2005, s. 3.
Provided that, where the person acquiring the right is minor or otherwise
disqualified, his guardian or other person having charge of his property shall make
the report to the Talathi :
Provided further that, any person acquiring a right with the permission of the
Collector or by virtue of a registered document shall be exempted from the
obligation to report to the Talathi :
Provided also that, where a person claims to have acquired a right with the
permission of the Collector where such permission is required under the
provisions of this Code or any law for the time being in force, such person shall on
being required by the Talathi so to produce such evidence of the order by which
such permission is given as may be required by rules made under this Code.
Explanation I.—The rights mentioned above include a mortgage without
possession, but do not include an easement or a charge not amounting to a
mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882.
Explanation II.—A person in whose favour a mortgage is discharged or
extinguished or lease determined, acquires a right within the meaning of this
section.
Explanation III.—For the purpose of this Chapter, the term “Talathi” includes
any person appointed by the Collector to perform the duties of a Talathi under this
Chapter.
Register of mutations and register of disputed cases.
(1) The Talathi shall enter in a register of mutations every report made to
him under section 149 or any intimation of acquisition or transfer under section
154 or from any Collector.
(2) Whenever a Talathi makes an entry in the register of mutations, he shall at
the same time post up a complete copy of the entry in a conspicuous place in the
Chavdi, and shall give written intimation to all persons appearing from the record of
rights or register of mutations to be interested in the mutation, and to any other
person whom he has reason to believe to be interested therein.
(3) When any objection to any entry made under sub-section (1) in the register
of mutations is made either orally or in writing to the Talathi, it shall be the duty of
the Talathi to enter the particulars of the objections in a register of disputed
cases. The Talathi shall at once give a written acknowledgement for the
objection to the person making it in the prescribed form.
(4) Disputes entered in the register of disputed cases shall as far as possible
be disposed of within one year by a Revenue or Survey Officer not below the rank
of an Aval Karkun and orders disposing of objections entered in such register shall
be recorded in the register of mutations by such officer in such manner as may be
prescribed by rules made by the State Government in this behalf.
(5) The transfer of entries from the register of mutations to the record of rights
shall be effected subject to such rules as may be made by the State Government
in this behalf :
Provided that, an entry in the register of mutations shall not be transferred to
the record of rights until such entry has been duly certified.
(6) Entries in the register of mutations shall be tested and if found correct, or
after correction, as the case may be, shall be certified by any Revenue or Survey
Officer not below the rank of an Aval Karkun in such manner as may be prescribed :
1[Provided that, entries in respect of which there is no dispute may be tested
and certified by a Circle Inspector :]
2[Provided further that], no such entries shall be certified unless notice in that
behalf is served on the parties concerned.
(7) The State Government may direct that a register of tenancies shall be
maintained in such manner and under such procedure as may be prescribed by
rules made by the State Government in this behalf.
3[(8) The Commissioner may specify, from time to time, the storage device for
preparation, maintenance and updation of all registers and documents to be maintained
under section 148A.]
Obligation to furnish information;obligation to furnish entries from record of rights,
to holder or tenant in booklet form and to maintain booklet, etc
(1) Any person whose rights, interests or liabilities are required to be, or
have been entered in any record or register, under this Chapter shall be bound, on
the requisition of any Revenue Officer or Talathi engaged in compiling or revising
the record or register, to furnish or produce for his inspection, within one month
from the date of such requisition, all such information or documents needed for
the correct compilation or revision thereof as may be within his knowledge or in
his prosession or power.
(2) A Revenue Officer or a Talathi to whom any information is furnished or
before whom any document is produced in accordance with the requisition under
sub-section (1), shall at once give a written acknowledgement thereof to the person
furnishing or producing the same and shall endorse on any such document a
note under his signature stating the fact of its production and the date thereof and
may return the same immediately after keeping a copy of it, if necessary.
(3) Every holder of agricultural land (including a tenant if he is primarily liable to
pay land revenue therefor), on making an application in that behalf in writing, may
be supplied by the Talathi with a booklet containing a copy of the record of rights
pertaining to such land.
(4) The booklet shall also contain information regarding the payment of land
revenue in respect of land and other Government dues by the holder or, as the
case may be, the tenant and also information as respects the cultivation of his
land and the areas of crops sown in it as shown in the village accounts and such
other matters as may be prescribed.
(5) Every such booklet shall be prepared, issued and maintained in
accordance with the rules made by the State Government in that behalf. Such
rules may provide for fees to be charged for preparing, issuing and maintaining the
booklet. 4[The fees so charged may, subject to the orders of the State
Government, if any, be retained by Revenue Officer preparing, issuing and
maintaining the booklet.]
(6) Where any booklet is prepared, issued or maintained immediately before
the coming into force of this Act, such booklet shall be deemed to have been
prepared, issued and maintained in accordance with the provisions of this Act and
1 This proviso was inserted by Mah. 8 of 1969, s. 5(a).
2 These words were substituted for the words “Provided that”, ibid., s. 5(b).
3 This sub-section was added by Mah. 43 of 2005, s. 4.
4 These words were added by Mah. 18 of 1976, s. 2(a).
the rules made thereunder until provision is made for preparing, issuing and maintaining
the booklet in any other form or manner under the rules made in that behalf
by the State Government.
1[(7) Every information in so far as it relates to the record of rights, contained in
the booklet prepared, issued or maintained or deemed to have been prepared,
issued or maintained in accordance with the provisions of this Code and the rules
made thereunder shall be presumed to be true until the contrary is proved or until
such information is duly modified under this Code.]
Fine for neglect to afford information
Any person neglecting to make the report required by section 149, or
furnish the information or produce the documents required by section 151 within
the period specified in that section shall be liable, at the discretion of the Collector,
to be charged a fine not exceeding five rupees, which shall be leviable as an arrear
of land revenue.
Requisition of assistance in preparation of maps
Subject to rules made in this behalf by the State Goverment—
(a) any Revenue Officer or a Talathi may for the purpose of preparing or
revising any map or plan required for, or in connection with any record or
register under this Chapter exercise any of the powers of a Survey Officer under
sections 80 and 81 except the power of assessing the cost of hired labour
under section 81, and
(b) any Revenue Officer of a rank not lower than of an Assistant or Deputy
Collector or of a Survey Officer may assess the cost of the preparation or revision
of such map or plan and all contingent expenses, including the cost of
clerical labour and supervision, on the lands to which such maps or plans relate
and such costs shall be recoverable as a revenue demand.
Intimation of transfers by registering officers.
When any document purporting to create, assign or extingush any title
to, or any charge on, land used for agricultural purposes, or in respect of which a
record of rights has been prepared is registered under the Indian Registration Act,
1908, the officer registrering the document shall send intimation to the Talathi of
the village in which the land is situate and to the Tahsildar of the taluka, in such
from and at such times as may be prescribed by rules made under this Code.
Correction of clerical errors.
The Collector may, at any time, correct or cause to be corrected any
clerical errors and any errors which the parties interested admit to have been
made in the record of rights or registers maintained under this Chapter or which a
Revenue Officer may notice during the course of his inspection :
Provided that, when any error is noticed by a Revenue Officer during the course
of his inspection, no such error shall be corrected unless a notice has been given
to the parties and objections, if any, have been disposed of finally in accordance
with the procedure relating to disputed entries.
Land records
In addition to the map, the registers and the record of rights, there shall
be prepared for each village such other land records as may be prescribed
1 This sub-section was added by Mah. 18 of 1976, s. 2(b).
Presumption of correctness of entries in record of rights and register of mutations
An entry in the record of rights, and a certified entry in the register of
mutations shall be presumed to be true until the contrary is proved or a new entry
is lawfully substituted therefore.
Bar of suits.
1***
No suit shall lie against the State Government or any officer of the State
Government in respect of a claim to have an entry made in any record or register
that is maintained under this Chapter or to have any such entry omitted or amended
Record of rights at commencement of Code
Until the record of rights of any area in the State is prepared in accordance
with the provisions of this Chapter, the existing record of rights in force in
that area under any law for the time being in force (including the record of rights
prepared under section 115 of the Madhya Pradesh Land Revenue Code, 1954),
shall be deemed to be the record of rights prepared under this Chapter.
B—Rights in unoccupied land
Application of provisions of sections 161 to 167
The Provisions of sections 161 to 167 shall apply to those areas in the
State to which provisions corresponding thereto applied immediately before the
commencement of this Code; but the State Government may, by notification in
the Official Gazette, apply the sections aforesaid to such other areas in the State
as may be specified in the notification.
Nistar Patrak
(1) The Collector shall consistently with the provisions of this Code and
the rules made thereunder, prepare a Nistar Patrak embodying a scheme of
management of all unoccupied land in a village and all matters incidental thereto,
and more particularly the matters specified in section 162.
(2) A draft of the Nistar Patrak shall be published in the village and after
ascertaining the wishes of the residents of the village in the manner determined by
the Collector, it shall be finalised by the Collector.
(3) On a request being made by the village panchayat, or where there is no
village panchayat, on the application of not less than one-fourth of the adult residents
of a village, the Collector may, at any time, modify any entry in the Nistar
Patrak after such enquiry as he deems fit.
Matters to be provided for in Nistar Patrak
The following matters shall be provided in a Nistar Patrak, that is to
say,—
(a) the terms and conditions on which grazing of cattle in the village will be
permitted ;
(b) the terms and conditions on which and the extent to which any resident
of the village may obtain,—
(i) wood, timber, fuel or any other forest produce ;
(ii) moram, kankar, sand, earth, clay, stones or any other minor
minerals;
1 The words and figures “ and exclusion of Chapter XIII” were deleted by Mah. 30 of 1968, s. 4.
c) instructions regulating generally the grazing of cattle and removal of
articles mentioned in paragraph (b) ;
(d) any other matter required to be recorded in the Nistar Patrak by or under
this Code.
Provision in Nistar Patrak for certain matters
In preparing a Nistar Patrak the Collector shall, as far as possible, make
provision for—
(a) free grazing of the cattle used for agriculture ;
(b) removal free of charge by the residents of the village for their bona fide
domestic consumption of any—
(i) forest product ;
(ii) minor minerals ;
(c) the concessions to be granted to the village craftsmen for the removal of
articles specified in clause (b) for the purpose of their craft.
Right in waste land of another village
(1) Where the Collector is of the opinion that waste land of any village is
insufficient and it is the public interest to proceed under this section, he may after
such enquiry as he deems fit, order that the residents of the village shall have a
right of Nistar or a right of grazing cattle, as the case may be, in the neighbouring
village to the extent specified in the order.
(2) The residents of a village having a right of grazing cattle in the neighbouring
village under sub-section (1), or government forest may make an application to the
Collector for recording their right of passage for the purpose of exercising the
rights.
(3) If, on enquiry into an application made under sub-section (2), the Collector
finds that the right of passage is reasonably necessary to enable such residents
to exercise a right to graze their cattle in any other village or in a Government
forest, he shall pass an order declaring that such right of passage exists and shall
state the conditions upon which it shall be exercised.
(4) The Collector shall, thereupon, determine the route of passage through
unoccupied land and shall restrict such route in such manner as to cause
minimum inconvenience to the residents of the village through which it passes.
(5) The Collector may, if he thinks fit, demarcate such route.
(6) Orders passed by the Collector under this section shall be recorded in the
Nistar Patrak.
(7) Where the village mentioned in sub-section (1) lie in different districts the
following provisions shall apply, namely :—
(a) the orders specifying the right of Nistar of the right of grazing cattle shall
be passed by the Collector in whose district the village over which such right is
claimed lies ;
(b) any orders regarding route of passages shall be passed by the Collector
in whose respective jurisdiction the area over which passage is allowed lies ;
(c) the Collector passing an order in accordance with clauses (a) and (b)
shall consult in writing the other Collector concerned.
Wajib-ul-arz
(1) As soon as may be after this Code comes into force, the Collector
shall, according to any general or special order made by the State Government in
that behalf, acertain and record the customs in each village in regard to––
(a) the right to irrigation or right of way or other easements ;
(b) the right to fishing ;
in any land or water belonging to or controlled or managed by the State
Government or a local authority, and such record shall be known as the
Wajib-ul-arz of the village.
(2) The record made in pursuance of sub-section (1) shall be published by the
Collector in such manner as he may deem fit and it shall, subject to the decision
of a Civil Court in the suit instituted under sub-section (3), be final and conclusive.
(3) Any person aggrieved by any entry made in such record may, within one
year from the date of the publication of such record under sub-section (2), institute
a suit in a Civil Court to have such entry cancelled or modified.
(4) The Collector may, on the application of any person interested therein or on
his own motion, modify any entry or insert any new entry in the Wajib-ul-arz on
any of the following grounds :––
(a) that, all persons interested in such entry wish to have it modified ; or
(b) that, by a decree in a civil suit, it has been declared to be erroneous ; or
(c) that, being founded on a decree or order of a Civil Court or on the order of
a revenue officer, it is not in accordance with such decree or order ; or
(d) that, being so founded, such decree or order has subsequently been
varied on appeal, revision or review ; or
(e) that, the Civil Court has by a decree determined any custom existing in
the village.
Regulation of fishing 1*** etc.
(1) The State Government may make rules for regulating,––
(a) fishing in Government tanks ;
(b) the removal of any materials from lands belonging to the State Government.
(2) Such rules may provide for the issue of permits, the conditions attaching to
such permits and the imposition of fees therefore and other incidental matters.
Punishment for contravention of provisions
(1) Except as otherewise provided in this Code, any person who acts
in contravention of the provisions in sections 161 to 166 or rules made under
section 166 or who contravenes or fails to observe any rules or custom entered in
the Wajib-ul-arz or commits a breach of any entry entered in the Nistar Patrak
shall be liable to such penalty not exceeding rupees one thousand as the
Collector may, after giving such person an opportunity to be heard, deem fit ; and
the Collector may further order confiscation of any produce, or any other produce
which such person may have appropriated or removed from lands belonging to the
State Government.
(2) Where the Collector passes an order imposing a penalty under this
section, he may direct that the whole or any part of the penalty may be applied to
meeting the cost of such measures as may be necessary to prevent loss or injury
to the public owing to such contravention, breach or non-observance
1 The word “ hunting ” was deleted by Mah. 30 of 1968, s. 5

S246-259
Application of this Chapter
The provisions of this Chapter shall not apply to proceedings before the
Maharashtra Revenue Tribunal under Chapter XV.]
Appeal and appellate authorities.
(1) In the absence of any express provisions of the Code, or of any
law for the time being in force to the contrary, an appeal shall lie from any
decision or order passed by a revenue or survey officer specified in column 1
of the Schedule E under this Code or any other law for the time being in force to
the officer specified in column 2 of that Schedule whether or not such decision or
order may itself have been passed on appeal from the decision of order of the
officer specified in column 1 of the said Schedule :
Provided that, in no case the number of appeals shall exceed two.
(2) When on account of promotion of change of designation an appeal
against any decision or order lies under this section to the same officer who has
passed the decision or order appealed against, the appeal shall lie to such other
officer competent to decide the appeal to whom it may be transferred under the
provisions of this Code.
Appeal when to lie to State Government
An appeal shall lie to the State Government from any decision or order
passed by a Commissioner or by a Settlement Commissioner or by a Director of
Land Record, or by a Deputy Director of Land Records invested with power of
Director of Land Record 3 * * * except in the case of any decision or order
passed by such officer on appeal from a decision or order itself recorded in appeal
by any officer subordinate to him.
1 Section 245 was inserted by Mah. 23 of 2007, s. 4.
2 Section 246 was inserted, ibid, s. 5.

3 The words “or by the Collector of Bombay or by an Assistant or Deputy Collector subordinate
to him invested with the appellate power of the Collector ” were deleted by Mah. 47 of 1981, s. 8.

Appeal against review or revision.

(1) An order passed in review varying or reversing any order shall be
appealable in the like manner as an original decision or order.
(2) An order passed in revision varying or reversing any order shall be
appealable as if it were an order passed by the revisional authority in appeal.
Periods within which appeals must be brought
No appeal shall be brought after the expiration of sixty days if the
decision or order complained of have been passed by an officer inferior in rank to
a Collector or a Superintendent of Land Records in their respective departments ;
nor after the expiration of ninety days in any other case. The period of sixty and
ninety days shall be counted from the date on which the decision or order is
received by the appellant.
In computing the above periods, the time required to obtain a copy of the
decision or order appealed against shall be excluded.
Admission of appeal after period of limitation
Any appeal or an application for review under this Chapter may be
admitted after the period of limitation prescribed therefor when the appellant or the
applicant, as the case may be, satisfies the officer or the State Government to
whom or to which he appeals or applies, that he had sufficient cause for not
presenting the appeal or application, as the case may be, within such period.
Appeal shall not be against certain orders.
No appeal shall lie from an order––
(a) admitting an appeal or an application for review under section 251 ;
(b) rejecting an application for revision or review ; or
(c) granting or rejecting an application for stay.
Provision where last day for appeal falls on Sunday or holiday
Whenever the last day of any period provided in this Chapter for
presentation of an appeal or an application for review falls on a Sunday or other
holiday recognised by the State Government the day next following the close of
the holiday shall be deemed to be such last day.
Copy of order to accompany petition of appeal.
Every petition for appeal, review or revision shall be accompanied by a
certified copy of the order to which objection is made unless the production of
such copy is dispensed with.
Power of appellate authority
(1) The appellate authority may either admit the appeal or, after calling
for the record and giving the appellant an opportunity to be heard, may summarily
reject it :
Provided that, the appellate authority shall not be bound to call for the record
where the appeal is time barred or does not lie.
(2) If the appeal is admitted, a date shall be fixed for hearing and notice thereof
shall be served on the respondent.
(3) After hearing the parties, if they appear, the appellate authority may, for
reasons to be recorded in writing, either anual, confirm, modify, or reverse the
order appealed against, or may direct such further invenstigation to be made, or
such additional evidence to be taken as it may think necessary ; or may itself
take such additional evidence ; or may remand the case for disposal with such
directions as it thinks fit.
Stay of execution of orders
(1) A revenue or survey officer who has passed any order or his
successor in office may, at any time before the expiry of the period prescribed
for appeal, direct the execution of such order to be stayed for such time as he
thinks fit, provided no appeal has been filed.
(2) The appellate authority may, at any time, direct the execution of the order
appealed from, to be stayed for such time as it may think fit.
(3) The authority exercising the powers of revision or review may direct the
execution of the order under revision or review, as the case may be, to be stayed
for such time as it may think fit.
(4) The appellate authority or the authority exercising the powers of revision or
review may set aside or modify any direction made under sub-section (1).
(5) The revenue or survey officer or the authority directing the execution of an
order to be stayed may impose such conditions or order such security to be
furnished as he or it thinks fit.
(6) No order directing the stay of execution of any order shall be passed,
except in accordance with the provisions of this section.
Power of StateGovernment and of certain revenue and survey officers to call for an
examine records and proceedings of subordinate officers.
(1) The State Government and any revenue or survey officer, not
inferior in rank to an Assistant or Deputy Collector or a Superintendent of Land
Records, in their respective departments, may call for and examine the record of
any inquiry or the proceedings of any subordinate revenue or survey officer , for
the purpose of satisfying itself or himself, as the case may be, as to the legality or
propriety of any decision or order passed, and as to the regularity of the
proceedings of such officer.
(2) A Tahsildar, a Naib-Tahsildar, and a District Inspector of Land Records may
in the same manner call for and examine the proceedings of any officer
sub ordinate to them in any matter in which neither a formal nor a summary inquiry
has been held.
(3) If in any case, it shall appear to the State Government, or to any officer
referred to in sub-section (1) or sub-section (2) that any decision or order or proceedings
so called for should be modified, annulled or reversed, it or he may pass
such order thereon as it or he deems fit :
Provided that, the State Government or such officer shall not vary or reverse any
order affecting any question of right between private persons without having given
to the parties interested notice to appear and to be heard in support of such order :
Provided further that, an Assistant or Deputy Collector shall not himself pass
such order in any matter in which a formal inquiry has been held, but shall submit
the record with his opinion to the Collector, who shall pass such order thereon as
he may deem fit.
Review of orders
1) The State Government and every revenue or survey officer may,
either on its or his own motion or on the application of any party interested, review
any order passed by itself or himself or any of its or his predecessors in office and
pass such orders in reference thereto as it or he thinks fit :
Provided that,––
(i) if the Collector or Settlement Officer thinks it necessary to review any
order which he has not himself passed, on the ground other than that of
clerical mistake, he shall first obtain the sanction of the Commissioner or the
Settlement Commissioner, as the case may be, and if an officer subordinate
to a Collector or Settlement Officer proposes to review any order on the
ground other than that of clerical mistake, whether such order is passed by
himself or his predecessor, he shall first obtain the sanction of the authority
to whom he is immediately subordinate ;
(ii) no order shall be varied or reversed unless notice has been given to the
parties interested to appear and be heard in support of such order ;
(iii) no order from which an appeal has been made, or which is the subject of
any revision proceedings shall, so long as such appeal or proceedings are
pending be reviewed.
(iv) no order affecting any question of right between private persons shall be
reviewed except on an application of a party to the proceedings, and no such
application of review of such order shall be entertained unless it is made within
ninety days from the passing of the order.
(2) No order shall be reviewed except on the following grounds, namely :—
(i) discovery of new and important matter or evidence ;
(ii) some mistake or error apparent on the face of the record ;
(iii) any other sufficient reason.
(3) For the purposes of this section the Collector shall be deemed to be the
successor in office of any revenue or survey officer who has left the district or who
has ceased to exercise powers as a revenue or survey officer and to whom there
is no successor in the district.
(4) An order which has been dealt with in appeal or on revision shall not be
reviewed by any revenue or survey officer subordinate to the appellate or revisional
authority.
(5) Orders passed in review shall on no account be reviewed.
Rules as to decisions or orders expressly made final.
Whenever in this Code it is provided that a decision or order shall be final
or conclusive, such provision shall mean that no appeal lies from any such
decision or order ; but it shall be lawful to the State Government alone to modify,
annul or reverse any such decision or order under the provisions of section 257.
Sec260-307

Extent of this Chapter

The provisions of this Chapter extent to the City of Bombay only.
Interpretation
In this Chapter, unless the context requires otherwise,—
1[(1a) “City Tenures Abolition Act” means the Bombay City (Inami and
Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment)
Act, 1969;]
1 Clauses (1a) and (aa) were inserted and clause (e) was added by Mah. 44 of 1969, s. 20.
Second Sch.
(a) “holder” in relation to any land means the occupier of such land, or where
rent is paid for such land, any person in receipt of rent for such land who does
not pay rent to another person ;
Explanation.—“Rent” in this clause does not include, money paid for land to
the Government or to the Municipal Corporation of Greater Bombay or to the
Trustees of the Port of Bombay or to a fazendar, except when such money is
paid by a person holding such land on a tenancy for a term of less than one
year ;
1[(aa) “revenue division” means such local area in the City of Bombay as the
Collector may, subject to the order of the State Government, by an order in
the Official Gazette, constitute to be revenue division for the purpose of
determining the standard rate of assessment of lands therein;]
(b) “superior holder” means the person having the highest title under the
State Government to any land in the City of Bombay ;
(c) “survey” includes identification of boundaries and all other operations
antecedent to, or connected with, survey ;
(d) “survey-boundary-mark” means primarily any iron or other mark set up
by the officers who conducted the Bombay City Survey hereinafter described
and include any such new mark that may hereafter be set up by the Collector or
under his orders, according to the provisions of this Chapter ;
1[(e) words and expressions used but not defined in this Chapter shall have
the meanings respectively assigned to them in the City Tenures Abolition Act.]
Assessment and Collection of Land Revenue
Power of Collector to fix and to levy assessment for land revenue
(1) It shall be the duty of the Collector to fix and to levy the
assessment for land revenue subject to the provisions of sub-sections (2) and
sub-section (3).
(2) Where there is no right on the part of a superior holder in limitation of the
right of the State Government to assess, then, subject to the provisions of the City
Tenures Abolition Act, the assessment shall be fixed in accordance with this
Chapter.
(3) Where there is a right on the part of a superior holder in limitation of the right
of the State Government to assess in consequence of a specific limit established
and preserved, and not abolished under the City Tenures Abolition Act, the
assessment shall not exceed such specific limit.]
Rate of assessment not to exceed percentage of market value
Except as provided in the City Tenures Abolition Act for the initial
assessment of land held on inami or special tenure, the rate of assessment of
such lands in each revenue division shall not exceed such percentage of the
average of the market value thereof, when used as unbuilt plots, as the State
Government may, from time to time, fix in this behalf on the basis of the bank rate
of interest published by the Reserve Bank of India under section 49 of the Reserve
Bank of India Act, 1934.
1 Clauses (1a) and (aa) were inserted and clause (e) was added by Mah. 44 of 1969, s. 20.
Second Sch.
2 Section 262 was substituted, ibid.
3 Sections 262A to 262E were inserted. ibid.
Standard rate of assessment
(1) Subject to the provisions of section 262A, the Collector shall, with
the approval of the State Government fix the rate of assesssment per square
metre of land in each revenue division (to be called ‘the standard rate of
assessment’) which shall be a sum equal to such precentage of the average of the
market value of the unbuilt plots in each division as may have been fixed by the
State Government under section 262A.
(2) The market value shall be estimated in the prescribed manner on the basis
of—
(a) sales of land in the revenue division during the period of fifteen years
immediately preceding the year in which proceedings for the fixation of the
standard rate of assessment are initiated ;
(b) awards relating to the acquisition of land under the Land Acquisition Act,
1894, in the revenue division during the period of fifteen years aforesaid ;
(c) rental value of lands in the revenue division during the period aforesaid.
(3) The actual assessment of an individual plot in each revenue division shall
be fixed by the Collector at an amount equal to the product of the standard rate of
assessment in rupees per square metre and the area of the plot in square metre
rounded off in the prescribed manner (hereinafter referred to as ‘the full
assessment’).
(4) Any person aggrieved by the decision of the Collector regarding the
standard rate of assessment or market value of lands in any revenue division, may
1[appeal to the Commissioner :]
2[* * * * *]
(5) The State Government may make rules under section 306 for the institution
and disposal of such appeal (including provisions for period of limitation and hearing).
Publication of standard rates of assessment
The standard rates of assessment fixed or revised under this Chapter
shall be published in the Official Gazette and in such other manner as may be
prescribed before they are brought into force.
Standard rate of assessment to be in force for ten years until revised
The standard rate of assessment fixed for each division shall come
into force from the 1st day of the revenue year immediately following the year in
which the rate is fixed ; and notwithstanding any alteration in the bank rate of
interest or average market value of lands referred to in section 262A, shall remain
in force for a period of ten years; and shall be liable to be revised in accordance
with the provisions of this Chapter after the expiry of the said period. Until it is so
revised, the rate fixed as aforesaid shall be deemed to be in force.
1 These words were subsituted for the words “appeal to the State Government” by Mah. 47
of 1981, s. 9(a).
2 Proviso was deleted, ibid, s. 9(b).
† Section 13 to Mah. 47 of 1981 reads as under :—
“13. The amendments made by this Act in the principal Act shall not have any affect in
respect of and apply to any appeals or other proceedings, pertaining to the City of Bombay
on the Bombay Suburban District, filed and pending before the State Government or the
Commissioner for the Konkan Division on the date of commencement of this Act, and such
appeals and proceedings shall be continued and disposed of by the State Government or
by the said Commissioner, or by the officers authorised by them in this behalf, as the case
may be, as if this Act had not been enacted.”
Period of guarantee
(1) Notwithstanding any alteration in the bank rate of interest referred
to in section 262A, or the revision of the standard rate of assessment, the
assessment fixed in respect of any land under this Chapter shall remain in force
for a period of fifty years from the date on which it is fixed (such period being called
‘the period of guarantee’).
(2) On the expiry of the period of guarantee, the assessment shall be liable to
revision ; and the foregoing provisions of this Chapter shall, so far as may be,
apply to such revision.
(3) Until the assessment is so revised, the assessment made shall continue in
force notwithstanding the expiry of the period of guarantee.]
Settlement of assessment with whom to be made
(1) The settlement of the assessment of each portion of land to the land
revenue shall be made with the superior holder of the same.
(2) If the superior holder be absent and have left no known authorized agent in
Bombay, or if there be a dispute as to who is entitled to be considered the superior
holder of the land, the settlement may be made with the person actually in
possession of the land and any assessment so fixed shall be binding upon the
rightful superior holder of the land.
(3) Any payment made by the person in possession in accordance with the
provisions of this Code shall be deemed to have been made on behalf of the
superior holder.
(4) Where the superior holder or the person in possession cannot be readily
ascertained, the Collector shall give notice calling on all persons claiming the right
of a superior holder in or over the said land or right to the possession thereof, to
intimate such claim to the Collector at his office.
(5) If no person asserts such right by informing the Collector as aforesaid within
twenty-one days from the date of such notice, the Collector may assess such
land at his discretion, and the superior holder and every person then or thereafter
in possession of the land shall be liable accordingly
Liability of land revenue
(1) The superior holder of land, or in his absence the person actually in
possession shall be liable in person and property for the land revenue due upon
the holding.
(2) Arrears of land revenue due on account of land shall, on failure by the
persons interested therein to pay the same on or before the date specified in that
behalf in a notice demanding payment posted on or near the land, be a paramount
charge on the land and on every part thereof
Claims of StateGovernment to have precedence
1) Arrears of land revenue due on any land under this Chapter shall
have precedence over any other debt, demand or claim whatsoever, whether in
respect of mortgage, judgement-decree, execution, attachment or otherwise howsoever,
against such land, or the superior holder thereof.
(2) The claim of the State Government to any moneys other than the arrears of
land revenue but recoverable as a revenue demand under the provisions of this
Chapter shall have priority over all unsecured claims against any land.
Power of Collector to give directions regarding payment of revenue
Subject to such orders as may be passed by the State Government, the
Collector shall from time to time give orders and make known the same by notice,
to be served on all superior holders of land paying revenue, or in their absence
persons in possession, regulating the persons, places and times to whom and
within which the revenue payable in respect of any land shall be paid :
Provided that, where the assessment leviable in any case under the provisions
of this Chapter does not exceed one rupees per annum, it shall be lawful for the
Collector subject to the orders of the State Government to levy, in lieu of such
assessment, a single lump sum of such amount as the Collector, subject as
aforesaid deems to be a fair equivalent of the assessment but not in any case
exceeding thirty times the assessment.
Notice of demand may be served after arrears due
(1) If any land revenue is not paid, at or within, the time when it
becomes payable the Collector may, on or after the day following that on which
the arrears accrue due, cause a notice of demand to be served on the superior
holder or on the person in possession, or on both.
(2) Every person to whom any such notice is issued shall be chargeable in
respect thereof with a fee not exceeding two rupees calculated according to the
rates specified in this behalf in the table in Schedule F :
Provided that, in no case shall the fee chargeable for any notice exceed the
amount of the land revenue in respect of which the said notice is issued.
(3) If the superior holder or person in possession, as the case may be, shall,
for the space of twenty days after service of written notice of demand of payment,
fail to discharge the revenue due, it shall be lawful for the Collector to levy the
same by—
(a) attachment and sale of the defaulter’s movable property ; or
(b) attachment and sale of such portion of the land on which the revenue is
due as may be required to satisfy the demand ; or
(c) attachment and sale of the right, title and interest of the defaulter in any
other immovable property.
Such sales shall be by public auction and shall not take place until at least
fifteen days after notice thereof shall have been published in the Official Gazette.
Sales how to be conducted
Sales under the provisions in this Chapter shall be conducted in
accordance with the provisions contained in sections 197, 198, 199, 200, 201,
202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 218, 219
and 220 of this Code :
Provided that, a sale may from time to time be postponed for any sufficient
reason recorded in that behalf ; and when the sale is postponed for a period longer
than thirty days, a fresh notice shall be issued unless the defaulter consents to
wave it.
Defaulters may be arrested and confined
If the sale of the defaulter’s property does not satisfy the demand in
respect of the arrears of land revenue, it shall be lawful for the Collector to cause
the defaulter to be apprehended and confined in the civil jail according to the
law in force in the City of Bombay for the confinement of debtors, for which
purpose a certificate of demand under the Collector’s signature sent with the
defaulter shall be the Sheriff’s sufficient warrant equally with the usual legal
process in ordinary cases of arrest in execution of judgment for debt :
Provided that, no such apprehension shall be made unless the default is wilful
and the defaulter is given an opportunity to show cause against his apprehension
and confinement :
Provided further that, such imprisonment shall cease at any time upon
payment of the sum due and that it shall in no case exceed––
(i) a period of six months when the sum due is more than fifty rupees ; and
(ii) a period of six weeks in any other case.
Exemption from attachment and sale
1) All such property as is by the Code of Civil Procedure, 1908,
exempted from attachment and sale in execution of a decree, shall also be
exempt from attachment and sale under section 267.
(2) The Collector’s decision as to what property is so entitled to exemption
shall be conclusive.
Collector’s decision to be acted in the first instance but may be stayed on security b
The decision of the Collector upon any question arising out of the
provisions of sections 262 to 269 shall, 1[subject to the provisions of subsections
(4) and (5) of section 262B and section 274] be binding upon all persons
whom it may concern, and shall be acted upon accordingly, but the Collector’s
decision shall be stayed on any such person giving security to the satisfaction of
the Collector that he will, within sixty days from the date when such decision was
made known to him, make an appeal before 2[3[the Commissioner], 4[or as the
case may be, the Maharashtra Revenue Tribunal]] for the purpose of contesting
the legality of the Collector’s decision and will fulfil the order that may be passed
against him, and will pay all costs and interest which may be so ordered or that, if
he fails to file an appeal as above specified, he will when required, pay the amount
demanded.
Compulsory process to cease on payment under protest and on filing appeal and fur
All compulsory process against a defaulter shall cease on his paying or
tendering the amount demanded of him under protest to the officer executing such
process or on his filing an appeal 5[before the Commissioner, or as the case may
be, the Maharashtra Revenue Tribunal] to contest the legality of the demand and
furnishing security satisfactory to the Collector, 6[the Commissioner], 7[or as the
case may be, the Maharashtra Revenue Tribunal] that he will pending the decision
of the said appeal neither quit the jurisdiction nor remove nor transfer his property
therein, without providing to the satisfaction of the Collector, or 8[of the Commissioner
or of the Maharashtra Revenue Tribunal] for the execution of the order passed
in appeal.
1 These words, brackets, figures and letter were substituted for the words and figures
“subject to the provision of section 274”, by Mah. 44 of 1969, s. 20, Second Schedule.
2 These words were inserted, ibid.
3 These words were substituted for the words “the State Government” by Mah. 47 of 1981, s. 10.
4 These words were inserted by Mah. 23 of 2007, s. 6.
5 These words were substituted for the words “ before the Commissioner ”, ibid, s. 7 (a).
6 Thes words “the Commissioner” were substituted for the words “the State Government” by
Mah. 47 of 1981, s. 11.
7 These words were inserted by Mah. 23 of 2007, s. 7(b).
8 These words were substituted for the words “ of the Commissioner”, ibid, s. 7(c).
Fees in respect of warrant for attachment and sale of defaulters’ property.Additiona
Fees shall be payable according to the table in Schedule G on all
warrants issued under the provisions of section 269 or the attachment and sale
of the property of defaulters by the person in respect of whose property such
warrants are issued, and an additional fee of twenty-five paise per diem shall be
paid in like manner in respect of each peon employed, whenever the property
distrained is placed in charge of any peon or peons
Appeals before 3[Maharashtra Revenue Tribunal
1[Except as provided in sub-sections (4) and (5) of section 262B, an
appeal] shall lie against any decision or order passed by the Collector or any of
his assistants or other subordinates exercising the powers of the Collector under
this Chapter to 2[the Maharashtra Revenue Tribunal].
Court-fees.
Notwithstanding anything contained in the Bombay Court-fees Act, 1959,
and in section 324 of the Code, every appeal before 4[the Maharashtra Revenue
Tribunal] shall bear a Court-fee stamp of such value as may be prescribed by rules
under this Chapter.
Power of State Government to make grants of lands free of revenue.
It shall be lawful for the State Government to grant lands free of price and
free of revenue, whether in perpetuity or for a term of years, and on such other
terms and conditions (if any) as may be annexed to the grant.
The Bombay City Survey and Boundary Marks
Bombay City survey recognised
The latest survey completed under the authority of the State Government
shall be called “the Bombay City Survey” and the demarcation of lands then made,
and all the records of the said survey (including alteration or correction made
therein before the commencement of this Code) shall be taken as prima facie
evidence for all proceedings under and for all the purposes of this Chapter :
Provided that, the Collector may, on the application of the parties interested in
such land, and shall, in pursuance of a decree or order of a competent court,
cause any alteration or correction to be made of any such demarcation of lands,
or of any entry in any such record.
State Government may order survey and appoint Superintendent.
(1) The State Government may, whenever it thinks fit, order that a
survey shall be made of the lands situated in the City of Bombay and for such
purpose may appoint a Superintendent of Survey and one or more Assistant
Superintendent of Survey.
(2) The Assistant Superintendent shall exercise such powers as may be
delegated to them by the Superintendent.
Collector or subordinates may enter upon lands
It shall be lawful for the Collector or any of his assistants or other
sub-ordinates duly authorised by writing under his hand in that behalf and for the
Superintendent or any other officer employed in the survey after giving not less
than twenty-four hours, notice to enter upon any lands for the purpose of
inspecting the survey boundary marks erected thereon or of altering, renewing or
repairing such marks or for survey in the manner provided in section 241 of this
Code.
1 These words, brackets, figures and letter were substituted for the words and figures
“ An appeal ”, by Mah. 44 of 1969, s. 20, Second Schedule.
2 These words were substituted for the words “ the concerned Divisional Commissioner ” by
Mah. 23 of 2007, s. 8 (a).
3 These words were substituted for the words “ the concerned Divisional Commissioner ” ibid, s. 8 (b).
4 These words were substituted for the words “ the Divisional Commissioner ” ibid, s. 9.
Notice to be served on holder to attend.
Before entering on any land for the purposes of survey, the
Superintendent may cause a notice in writing under his hand to be served on the
holder or occupier of the land about to be surveyed and on the holders or
occupiers of conterminous lands, calling upon them to attend either personally or
by agent on such land before him or before such officer as may be authorised
by him in that behalf, within a specifed time (which shall not be less than three
days after the service of such notice), for the purpose of pointing out boundaries
and of affording such information as may be needed for the puposes of this
Chapter and intimating that in the event of their failling to attend, he or such
officer will proceed with the survey in their absence.
After service of notices Superintendent may proceed with survey
After due service of notice under section 280, the Superintendent, or
such officer as may be authorised by him may proceed with the survey whether
the person upon whom notices have been served are present or not.
Survey map and register
(1) The Superintendent shall prepare a map and a register of all lands
which have been surveyed under his Chapter.
(2) To every piece of land separately shown on the map and entered in the
register an indicative number shall be assigned, and the name of the person
appearing to be the holder thereof at the time of the survey shall be entered in the
register.
(3) Nothing contained in such map or register shall affect the rights of any
person.
Superintendent may erect boundary marks
The Superintendent may at any time cause to be erected, on any land
which is to be, or has been surveyed under this Chapter temporary or permanent
boundary marks of such materials and in such number and manner as he may
determine to be sufficient for the pupose of the survey :
Provided that, no permanent boundary marks shall be erected when the
boundary is defined by a permanent building, wall or fence.
Maintenance of temporary boundary marks.
(1) When any temporary boundary mark has been erected under
section 283, the Superintendent may cause a notice in writing under his hand to
be served on the holder of the land whereon, or adjoining which, such boundary
mark is situate requiring him to maintain such boundary mark till the survey has
been completed.
(2) If such holder does not comply with such notice, the Superintendent may
repair the boundary mark and expenses shall be recoverable from such holder as
an arrear of land revenue under the provisions of this Chapter
Survey fee may be charged
(1) The holder of any land surveyed under this Chapter shall be liable
to the payment of a survey fee assessed on the area and rateable value of such
land.
(2) The amount of the survey fee payable under sub-section (1) shall
regulated by the Collector in accordance with rules made by the State
Government in that behalf
(3) Any survey fee assessed in accordance with sub-sections (1) and (2) shall
be payable within three months from the date of notice to be served by the
Collector upon the person liable therefor after the completion of the survey of the
City of Bombay ; and such survey fee shall be leviable as an arrear of land revenue
under the provisions of this Chapter.
(4) Any person who has paid the survey fee assessed on any land under this
section shall be entitled to receive free of charge a certified extract from the map
and a certified extract from the register prepared under section 282, so far as they
relate to such land.
All documents connected with survey to be sent to Collector
(1) After the survey of any part of the City has been completed, the
Superintendent shall deposit with the Collector all maps, registers and other
documents connected with the survey of such part.
(2) Such deposit shall be notified in the Official Gazette, and any person
interested in the survey may, at any time within two months from the date of such
notification, inspect such maps, registers and other documents free of charge.
(3) During such period the Collector may, if necessary, and without prejudice
to the rights of any of the parties concerned, cause the map or the register
prepared under section 282 to be corrected free of charge.
Maintenance of survey map and register
(1) The map and register prepared under section 282 shall be
maintained by the Collector, who shall cause the map to be revised and the entries
in the register to be corrected from time to time as may be necessary,
without prejudice to the rights of any person :
Provided that, no person shall, for the purposes of this section be required to
give notice of the acquisition of any interest in land.
(2) The Collector may assess the cost of revisions of any part of the map and
all contingent expenses on the land to which such part relates and such cost
shall be payable by the holder of such land, and shall be leviable as an arrear of
land revenue under the provisions of this Chapter.
Revision of maps.
Subject to rules made in this behalf by the State Government under this
Chapter, any officer acting under the orders of the Collector of Bombay may, for
the purpose of revising any map prepared under this Chapter, exercise any of the
powers of a Superintendent under this Chapter.
Responsibility for maintenance and repair of boundary marks
Every superior holder of land shall be responsible for the maitenance
and good repair of the survey-boundary marks of his holding and for any expensesb not
exceeding five rupees for each mark, reasonably incurred on account of the
same by the Collector in cases of alteration or removal.
Collector may require superior holders to renew or repair survey marks. Requisition
In the event of any survey-boundary mark being destroyed, defaced,
injured or removed, it shall be lawful for the Collector to cause to be served on the
superior holder, or in his absence the person in possession of any land of which
such mark designates the boundary, as requisition in writing signed by the said
Collector, calling on such superior holder or person in possession to renew or
repair the said mark, at his own expense, within fifteen days from the date of the
service of such requisition.
On default,Collector or assistants may enter and renew or repair.Charge for renewa
If the said survey-boundary mark be not renewed on repaired, within
the said period, to the Collector’s satisfaction, it shall be lawful for the Collector
or any of his assistants or other subordinates, or other person duly authorised
as hereinbefore mentioned, to enter upon any land to which the said mark
appertains and to renew or repair it, and for each such mark so renewed or
repaired, it shall be lawful for the Collector to charge each superior holder or
person in possession, the boundary of whose land is designated by any such
mark, such sum, not exceeding rupees ten in the whole as he may deem fit.
Privilege of title-deeds
No person shall for the purposes of survey undertaken under this
Chapter or for erecting boundary marks thereunder be compelled to produce his
title deeds to any land or to disclose their contents.
Proceedings not to be affected by informality.
The proceedings undertaken under sections 278 to 292 (both inclusive)
shall not be affected by reason of any informality, provided that the provisions in
these sections be in substance and effect complied with.
Government Lands and Foreshore
Right of Government to lands and foreshore
All unoccupied lands within the City of Bombay, and every unoccupied
portion of the foreshore, below high water mark, shall be deemed, and are hereby
declared to be, the property of the State Government, subject always to the rights
of way and all other rights of the public legally subsisting.
For the avoidance of doubt, it is hereby expressly declared that nothing in this
section shall be taken to affect the right of the State Government to unoccupied
lands declared to be the property of the State Government by any earlier law.
Such lands and foreshore how disposed of.
It shall be lawful for the Collector, with the sanction of the State
Government, to dispose of any lands or foreshore vested in the State Government
in such manner and subject to such conditions as he may deem fit ; and in any
such case, the land or foreshore so disposed of shall be held only in the manner,
for the period and subject to the conditions so prescribed
Transfer of lands, etc.
Notice of transfer of title to lands etc. to be given to Collector
(1) Whenever the title to any land, house or other immovable property,
subject to the payment of land-revenue to the State Government, is transferred or
assigned, the person transferring or assigning the same and the person to whom
the same is transferred or assigned, shall respectively cause notice of such
transfer or assignment to be given to the Collector.
(2) Such notice shall be given within twenty days after execution of the
instrument of transfer or assignment, or after its registration if it be registered, or
after the transfer or assignment is effected, if no instrument is excecuted.
(3) In the event of the death of any person in whose name the title to any
property is entered in the records of the Collector, the person to whom such title is
transferred as heir or otherwise shall cause notice thereof to be given to the
Collector within one year from such death.
Form of notice.
(1) The notice shall be in the form either of Schedule H or Schedule I as
the case may be, and shall state clearly all the particulars required by the said
form.
(2) It shall be accompanied, whenever the Collector shall deem fit so to require,
by the instrument of transfer if any, by a plan to be furnished of the land which is
the subject of the transfer or assignment, drawn and attested by such officer as
the Collector may direct and by a certificate that public notice has been given of
the transfer or assignment by beat of bataki.
Penalty for neglect to give notice
Every person neglecting to give the notice required by the two last
preceding sections within the time therein specified, shall be liable at the
discretion of the Collector to a fine not exceeding ten rupees in case of holdings
paying less than one rupee as land-revenue, and in no other case exceeding
rupees one hundred.
Person transferring title and omitting to give notice to continue liable for revenue.
Every person transferring the title to any land, house, or other immovable
property subject to the payment of land-revenue to the State Government without
giving the notice required by section 296 and 297 shall continue liable to the State
Government for the payment of all land-revenue accruing due in respect thereof,
until he gives such notice or until the requisite transfer has been effected in the
records of the Collector :
Provided that, nothing contained in this section shall be held to diminish the
liability of the land, house or other immovable property to attachment or sale
under the provisions of section 267
Proceeding in case of disputes as to entry or transfer.
(1) Whenever any dispute or question arises with respect to the
making or completion of any entry or transfer in the records of the Collector, of
or relating to any land, house or other immovable property subject to the
payment of land-revenue to the State Government, the Collector shall summon
all the parties interested in such entry or transfer, and shall call for such
evidence, and examine such witnesses, as he shall consider necessary, and
shall thereupon decide summarily what entry shall be made in his records in
respect of such land, house, or other immovable property.
(2) If at any time a certified copy shall be produced to the Collector of an order
of a competent court determining the title to any such land, house or other
immovable property, the Collector shall amend his records in conformity with such
order.
Registration or transfer not to affect right of Government
The reigstration or transfer of any title in the Collector’s records shall not
be deemed to operate so as in any way to affect any right, title or interest of the
Government in the land, house or other immovable property in respect of which
any such transfer is made or registered
Procedure
Law applied to summons, etc
(1) The provisions of the Code of Civil Procedure, 1908, in force for the
time being with respect of the issue of summons and commissions, and the
compelling the attendance of witnesses, and for their remuneration in suits
before a District Court shall apply to all persons summoned to appear before the
Collector under the provisions of this Chapter.
(2) Any notice which the Collector or any of his subordinates is by this
Chapter required or empowered to issue shall be deemed to have been sufficiently
served,––
(a) if it is addressed to any person and has been––
(i) delivered to such person ; or
(ii) delivered at his abode in his absence to any adult member or servant
of his family ; or
(iii) sent by post in a letter addressed to him at his last known residence,
address or place of business and registered under Chapter VI of the Indian
Post Office Act, 1898 ; or
(b) if the Collector is in doubt as to the person to whom such notice should
be addressed or as to the residence, address or place of business of any
person on whom it is desired to serve such notice, and
(i) causes the notice to be posted in some conspicuous place on or near
the land to which it relates, and
(ii) publishes the notice either in the Official Gazette, or in such local
newspapers as he deems fit or by proclamation on or near such land
accompanied with beat of drum.
Levy of house-rent, fees, penalties, etc.
Dues leviable as revenue demands
(1) All arrears of rent payable by any persons in respect of the
occupation of any house the property of the Government and all fees, fines and
penalties chargeable under this Chapter and all moneys leviable under the
provisions of this Chapter on account of the value of any land, or on account
of the alteration, removal, renewal or repair of survey-boundary marks or on
account of the abatement or removal of an encroachment shall be realised in the
same manner as other revenue demands, under the provisions of sections 267
and 269 of this Chapter.
(2) All other sums declared by any Act or Regulation or by any rules
thereunder or by any agreement or contract with the State Government to be
leviable as an assessment or as a revenue-demand, or as an arrear of landrevenue,
shall also be realised in the same manner as revenue-demands under
the provisions of sections 267 and 269 of this Chapter.
(3) All person who may have become sureties for the payment of any sum
of money payable under any of the provisions of this Chapter or for any such
contractor as aforeaid shall, on failure to pay the amount or any portion thereof
for which they may have become liable under the terms of their security-bond,
be liable to be proceeded against under the provisions of sections 267 and 269
as revenue defaulters ; and the provisions of sections 267 and 269 shall, so far
as may be, be applicable to such persons.
Power to Collector of Bombay to assist other Collectors in realization of dues.
It shall be lawful for the Collector of Bombay to levy, in the same way as
any arrear of land-revenue due under this Chapter any sum certified by the
Collector or Assistant or Deputy Collector or a Tahsildar of any district in the State
to be due and recoverable as an arrear of land-revenue from any person residing or
owning property in the City of Bombay, by whom the same is so certified to be due.
Collector to keep registers and rent rolls.
It shall be the duty of the Collector to prepare and keep in such form as
the State Government may from time to time sanction a separate register and rent
roll of every description of land according to the nature and terms of the tenure on
which such land is held.
Rules.
(1) The State Government may, by notification in the Official Gazette,
make rules consistent with the provisions of this Chapter for carrying into effect
the purposes of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing
provision, such rules may make provision for the guidance of the Collector, and his
assistances, and other subordinates in the discharge of their duties, or for any
other purpose connected with the subject-matter of this Chapter not expressly
provided for therein.
Savings.
(1) Anything done or action taken under the provisions of the Bombay
City Land Revenue Act, 1876 (including all rules prescribed), appointments made,
powers conferred, orders issued and notifications published under that Act, and
all other rules (if any) now in force and relating to any of the matters dealt with in
this Chapter ; and any surveys made or boundary marks erected or any maps and
registers prepared under the Bombay City Survey Act, 1915, shall be deemed to
have been prescribed, made, conferred, issued, published, erected and prepared
under this Chapter.
(2) All proceedings which have been commenced under any of the Acts
aforesaid shall, on the commencement of this Chapter in the City of Bombay, be
deemed to have been commenced under this Code and shall hereafter be
conducted in accordance with the provisions of this Code.
1966

S/41
S/147
S/246
S/260
S/41
Sec 2
clause(14)

sub-clause(d)

sub-clause(e)
Sec47A
Clause(2)
Schedule E
column 1
REVENUE OFFICER
1.All Officer in a Sub-Division, Sub-
ordinate to the Sub-Divisional
Officer.
2.Sub-Divisional Officer, Assistant or
Deputy Collector.
3.Collector 1[including the Collector
of Bombay] or Assistant/Deputy
Collector invested with the appellate
power of the Collector
4.A person exercising powers
conferred by section 2[15].
SURVEY OFFICER
1.District Inspector of Land Records
Survey Tahsildar and other Officers
not above the rank of District
Inspector of Land Records
2.Superintendent of Land Record
and other Officer of equal ranks
3.Settlement Officer

1 These brackets and words were substituted for

the brackets and words “ (not being the Collector
of Bombay) ” by Mah. 47 of 1981, s. 12.
2 These figures were subsittuted for the figures
“16” by Mah. 30 of 1968, s. 8.
rnished
g security
80Marks

to54A
to167
to 259
to 307
to54A
Definitions
“improvement” in relation to a holding, means any work which adds
materially to the value of the holding which is suitable thereto and consistent
with the purpose for which it is held and which, if not executed directly for its

benefit or is, after execution, made directly beneficial to it; and, subject to the
foregoing provisions, includes—
the erection of buildings on or in the vicinity of the holding, elsewhere
than in the gaothan required for the convenient or profitable use or occupation
of the holdings; and
the renewal or reconstruction of any of the foregoing works, or alterations
therein or additions thereto;
but does not include—
(i) temporary wells and such water-channels, embankments, levellings,
enclosures or other works, or petty alterations in or repairs to such works,
as are commonly made by cultivators of the locality in the ordinary course
of agriculture; or
(ii) any work which substantially diminmishes the value of any land
wherever situated, in the occupation of any other person, whether as
occupant or tenant;
Explanation.—A work which benefits serveral holdings may be deemed to
be an improvement with respect to each of such holdings
Liability for payment of conversion tax by holder for change of user
of land
Where any land assessed or held for the purpose of agriculture is situated
within 3[the limits of Mumbai Municipal Corporation area excluding the area of

the Mumbai City District or any other Municipal Corporation area] or of any ‘A’

Class or ‘B’ Class Municipal area or of any peripheral area of any of them, and––

(a) is permitted, or deemed to have been permitted under sub-section (3) of

section 44, to be used for any non-agricultural purpose ;4*[***]
(b) is used for any non-agricultural purpose, without the permission of the
Collector being first obtained, or before the expiry of the period referred to in
subsection
(3) of section 44, and is regularised under clause (b) of 5[section 47 ; or]
6[(c) is put to a bona fide industrial use as provided in section 44A,––]

then, the holder of such land shall, subject to any rules made in this behalf, be

liable to pay to the State Government, the conversion tax, which shall be equal
to 7[five times] the non-agricultural assessment leviable on such land, in
accordance with the prupose for which it is so used or permitted to be used.
LAND LAWS
B
b
i)
ii)
OBJECTS &
REASONS

CHAPTER I
PRELIMINARY
Sec1

Sec2
CHAPTER V

RESTRICTIONS ON
TRANSFERS OF
AGRICULTURAL
LANDS,
MANAGEMENT OF
UNCULTIVATED
LANDS AND
ACQUISITION OF
ESTATES AND
LANDS.
Sec63
4Sec631A
3Sec63A
2Sec64
1Sec64A

Sec65
Sec66
STATE LEGISLATION
Bombay Tenancy & Agricultural Lands Acts
Definitions
Restriction on Transfer of Agricultural Lands

An Act to amend the law relating to tenancies of agricultural lands

and to make certain other provisions in regard to those lands.
WHEREAS it is necessary to amend the law which governs the
relations of landlords and tenants of agricultural lands ;
AND WHEREAS on account of the neglect of a landholder or
disputes between a landholder and his tenants, the cultivation of his
estate has seriously suffered, or for the purpose of improving the
economic and social conditions of peasants or ensuring the full and
efficient use of land for agriculture, it is expedient to assume
management of estates held by landholders and to regulate and impose
restrictions on the transfer of agricultural lands, dwelling houses, sites
and lands appurtenant thereto belonging to or occupied by
agriculturists, agricultural labourers and artisans in the Province of
Bombay and to make provisions for certain other purposes hereinafter
appearing; It is hereby enacted as follows :—

Short title and extent

(1) This Act may be called the 1[Maharashtra Tenancy and
Agricultural Lands Act].
(2) It extends to the 2[ Bombay area of the State of Maharashtra ].
Definitions:-
In this Act, unless there is anything repugnant in the subject
or context,—
§ This indicates the date of commencement of Act.

** Maharashtra Ordinance No. Ill of 1994 was repealed by Mah. 28 of 1994.

@ Maharashtra Ordinance No. XVI of 2004 was repealed by Mah. 25 of 2005,
s. 5.
1 The Short title “Bombay Tenancey and Agricultural Lands Act, 1948” was
amended
by Mah. 24 of 2012, S. 2 & 3, Schedule, entry 33, with effect from the 1st May
1960.
2 These words were substituted for the words “Pre-Reorganisation State of
Bombay
excluding the transferred territories” by the Maharashtra Adaptation of Laws
(State
and Concurrent Subjects) Order, 1960.
1[(1) “Agriculture” includes horticulture, the raising of crops, grass or
garden produce, 2[the use by an agriculturist of the land held by him or
a part thereof for the grazing of his cattle, the use of any land, whether

or not an appanage to rice or paddy land, for the purpose of rab manure]
but does not include allied persuits or the cutting of wood only;
(1A) “Agricultural labourer” means a person whose principal means
of livelihood is manual labour on land; ]
(2) “Agriculturist” means a person who cultivates land personally;
3[(2A) “allied pursuits” means dairy faming, poultry farming,
breeding of livestock, grazing 4[ (other than the pasturage of one’s own
agricultural cattle)] and such other pursuits as may be prescribed ;
(2B) “appointed day” means the 15th day of June 1955;
(2C) “backward area” means any area declared by the State
Government to be a backward area being an area in which, in the
opinion of the State Government, socially, economically and
educationally backward classes of citizens predominate ; and includes
an area declared to be a Scheduled area under paragraph 6 of the Fifth
Schedule to the Constitution of India;
(2D) “ceiling area” means in relation to land held by a person
whether as an owner or tenant or partly as owner and partly as tenant
the area of land fixed as ceiling area under section 5 or 7 ;
(2E) “Collector” includes an Assistant or Deputy Collector
performing the duties and exercising the powers of the Collector under
the *Bombay Land Revenue Code, 1879, or any other officer specially
empowered by the State Government to perform the functions of the
Collector under this Act ; ]
(3) “Co-operative Society” means a society registered under the
provisions of **the Bombay Co-operative Societies Act, 1925, or a
society deemed to have been registered under the said Act ;
(4) “Co-operative Farming Society” means a society registered as
such under **the Bombay Co-operative Societies Act, 1925 ;
5[(5) “to cultivate” with its grammatical variations and cognate
expressions means to till or husband the land for the purpose of raising
or improving agricultural produce, whether by manual labour or by
means of cattle or machinery, or to carry on any agricultural operation
thereon ; and the expression “uncultivated” shall be construed
correspondingly.
1 Clauses (1) and (1A) were substituted for the original clause (1) by Bom.
13 of 1956,s.2(1).
2 These words were inserted by Bom. 15 of 1957, s. 2(a).
3 Clauses (2A), (2B), (2C), (2D) and (2E) were substituted for the original
clause (2A)
by Bom. 13 of 1956, s. 2(2).

4 These words and brackets were inserted by Bom. 15 of 1957, s. 2(b).

5 This clause was substituted for the original by Bom. 13 of 1956, s. 2(3).

* See now the Maharashtra Land Reveue Code, 1966 (Mah. XLI of 1966).
** See now the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of
1961).
Explanation.—A person who takes up a contract to cut grass, or to
gather the fruits or other produce of trees on any land, shall not on
that account only be deemed to cultivate such land;]
1[(6) “ to cultivate personally ” means to cultivate land on one’s own
account—
(i) by one’s own labour, or
(ii) by the labour of any member of one’s family, or
(iii) under the personal supervision of oneself or any member of
one’s family, by hired labour or by servants on wages payable in cash
or kind but not in crop share,
being land, the entire area of which—
(a) is situate within the limits of single village, or
(b) is so situated that no piece of land is separated from another
by a distance of more than five miles, or
(c) forms one compact block:
Provided that the restrictions contained in clauses (a), (b) and (c)
shall not apply to any land,—
(i) which does not exceed twice the ceiling area,
(ii) upto twice the ceiling area, if such land exceeds twice the
ceiling area.
Explanation I.—A widow or a minor, or a person who is subject to
physical or mental disability, or a serving member of the armed forces
shall be deemed, to cultivate the land personally if such land is
cultivated by servants, or by hired labour, or through tenants.
Explanation II.—In the case of a joint family, the land shall be
deemed to have been cultivated personally if it is cultivated by any
member of such family;]
2* * * * * * *
3[(6A) “ economic holding ” means in relation to land held by a person,
whether as an owner or tenant, or partly as owner and partly as tenant,
the area of land fixed as an economic holding under section 6 or 7 ;
(6B) “ fragment ” means a fragment as defined in subsection
(4) of
section 2 of the *Bombay Prevention of Fragmentation and
Consolidation of Holdings Act, 1947 ;]
4[(6C) “ to hold land ” as an owner or tenant shall, for the purposes
of clause (2D) of this section and 5[ sections 32(1B), 32A], 32B, 6[and 63],
means to be lawfully in actual possession of land as an owner or tenant,
as the case may be;]

1 This clause was substituted for the original by Bom. 13 of 1956, s. 2(4).
2 Clause (6AA) which was inserted by Bom. 38 of 1957, s. 2(1) was deleted
by Bom. 63
of 1958, s. 2.
3 Clauses (6A) and (6B) were inserted by Bom. 13 of 1956. s. 2(5).
4 Clause (6C) was inserted by Bom. 15 of 1957, s. 2(c).
5 These words, figures, letters and brackets were substituted for the word,
figures and
letter “ section 32A ” by Mah. 49 of 1969, s. 2, Sch.
6 The word and figures “ and 63 ” were substituted for the figures and word “
34 and
35 ” by Mah. 27 of 1961, s. 48, Second Schedule.
* The short title of the Act has been amended as “the Maharashtra Prevention
of
Fragmentation and Consolidation of Holdings Act” (LXII of 1947) by Mah. 24
of 2012,
Section 2 & 3, Schedule, entry 2a, w.e.f. 1st May 1960.
(7) “ Improvement” means with reference to any land, any work
which adds to the value of the land and which is suitable thereto as
also consistent with the purpose for which it is held ; and includes,—
(a) the construction of tanks, wells, water channels, embankments
and other works for storage, supply or distribution of water for
agricultural purposes ;
(b) the construction of works for the drainage of land or for the
protection of land from floods or from erosion or other damage from
water;
(c) the reclaiming, clearing, enclosing, levelling or terracing of land ;
(d) the erection of buildings on the land, required for the
convenient or profitable use of such land for agricultural
purposes ; and
(e) the renewal or reconstruction of any of the foregoing works
or alterations therein or additions thereto as are not of the nature
of ordinary repair ; but does not include such clearances,
embankments, levelling, enclosures, temporary wells, water channels
and other works as are commonly made by the tenants in the
ordinary course of agriculture ;
l[(7A) “ joint family ” means an undivided Hindu family, and in the
case of other persons a group or unit the members of which are by
custom joint in estate or residence ;]
2[(8) “ land ” means—
(a) land which is used for agricultural purposes 3[or which is so
used but is left fallow, and includes the sites of farm buildings ]
appurtenant to such land ; and
(b) for the purposes of sections 11, 16, 17, 17A, 17B, 18, 19, 20,
26, 28, 29, 29A, 30, 41, 63, 64, 64A, 84A, 84B and 84C—
(i) the sites of dwelling houses occupied by agriculturists,
agricultural labourers or artisans and land appurtenant to such
dwelling houses ;
(ii) the sites of structures used by agriculturists for allied
pursuits ;]
(9) “ Landholder ” means a zamindar, jahagirdar, saranjamdar,
inamdar, talukdar, malik or a khot or any person not hereinbefore
specified who is a holder of land or who is interested in land, and whom
the 4[State] Government has declared on account of the extent and
value of the land or his interests therein to be a landholder for the
purposes of this Act ;
1 Clause (7A) was added by Bom. 13 of 1956, s. 2(6).
2 This clause was substituted for the original, ibid., s. 2(7).
3 These word were substituted for the words “and the sites of farm
buildings” by
Bom. 15 of 1957, s. 2(d).
4 The word was substituted for the word “ Provincial ” by the Adaptation of
Laws Order, 1950.
1[(9A) “ landless person ” means a person who, holding no land for
agricultural purposes, whether as an owner or tenant, earns his
livelihood principally by manual labour ; and intends to take to the
profession of agriculture and is capable of cultivating land personally ;]
(10) “ Mamlatdar ” includes a Mahalkari and any other officer, whom
the 2[State] Government may appoint to perform the duties of a
Mamlatdar under this Act;
3[(10A) “ permanent tenant ” means a person—
(a) who immediately before the commencement of the Bombay
Tenancy and Agricultural Lands (Amendment) Act, 1955 (hereinafter
called “ the Amending Act, 1955”),—
(i) holds land as mulgenidar or mirasdar ; or
(ii) by custom, agreement, or the decree or order of a Court
holds the land on lease permanently ; or
(b) the commencement or duration of whose tenancy cannot
satisfactorily be proved by reason of antiquity ;

and includes a tenant whose name or the name of whose predecessor in-
title has been entered in the record of rights or in any public record
or in any other revenue record as a permanent tenant immediately
before the commencement of the Amending Act, 1955 ; ]
(11) “ Person ” includes 4[a joint] 5* * family ;
(12) “ Prescribed ” means prescribed by rules made under this Act ;
(13) “ Profits of Agriculture ” in respect of any land means the
surplus remaining 6[with the holder] after the expenses of cultivation,
including the wages of the cultivator working on the land are deducted
form the gross produce ; ]
7[Explanation.—If the members of the family of a holder work on
the land for the purpose of cultivation thereof, the labour of such
members shall be taken into account in estimating the expenses of
cultivation referred to in this clause ; ]
1 Clause (9A) was inserted by Bom. 13 of 1956. s. 2(8).

2 This word was substituted for the word “ Provincial” by the Adaptation of Laws Order,1950
3 Clause (10A) was added, ibid, s. 2(9).
4 These words were substituted for the words “ and undivided ” ibid., s. 2(10).
5 The word “ Hindu ” was deleted by Bom. 38 of 1957, s. 2(2).
6 These words were substituted for the words “ with the cultivator” by Bom. 13 of 1956.s.
2(11)(a).
7 This Explanation was inserted, ibid., s. 2(11)(b).
(14) “ Protected tenant ” means person who is recognised to be a
protected tenant 1[under section 4-A ; ]
2* * * * * * *
(16) “ Rent ” means any consideration, in money or kind or both,
paid or payable by a tenant on account of the use or occupation of the
land held by him but shall not include the rendering of any personal
service or labour ;
3[(16A) “ serving member of the armed forces ” means a person in
the service of the armed forces of the Union :
Provided that if question arises whether any person is a serving
member of the armed forces of the Union, such question shall be
decided by the State Government, and its decision shall be final ;
(16B) “ small holder ” means an agriculturists cultivating land less
in area than an economic holding who earns his livelihood principally
by agriculture or by agricultural labour ; ]
(17) “ Tenancy ” means the relationship of landlord and tenant ;
4[(18) “ tenant ” means a person who holds land on lease and
include,—
(a) a person who is deemed to be a tenant under section 4 ;
(b) a person who is a protected tenant ; and
(c) a person who is a permanent tenant ; and the word “ landlord ”
shall be construed accordingly;
(19) “ Tribunal ” means the Agricultural Lands Tribunal constituted
under section 67 ;
5[(20) “ village ” means a village recognized as such in the revenue
accounts ; ]
6[(20A) “ warkas land ” means land which is used for the purpose
of rab manure in connection with rice cultivation and is classified in
the revenue record as warkas ;]
(21) Words and expressions used in this Act but not defined shall have
the meaning assigned to them in *the Bombay Land Revenue Code, 1879,
and the Transfer of Property Act, 1882, as the case may be.
1 These words, figure and letter were substituted for the words and figures “ under
section 31 ” by Bom. 13 of 1956, s. 2(12).
2 Clause (15) was deleted, ibid., s. 2(13).
3 Clauses (16A) and (16B) were inserted, ibid., s. 2(14).
4 Clause (18) was substituted for the original, ibid., s. 2(15).
5 Clause (20) was substituted for the original, ibid., s. 2(16).
6 Clause (20A) was inserted by Bom. 15 of 1957, s. 2(a).
* See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

S/63-66

Transfers to non-agriculturists barred.

(1) Save as provided in this Act—
(a) no sale (including sales in execution of a decree of a Civil Court
or for recovery of arrears of land revenue or for sums recoverable
as arrears of land revenue), gift, exchange or lease of any land or
interest therein, or
(b) no mortgage of any land or interest therein, in which the
possession of the mortgaged property is delivered to the mortgagee,
shall be valid in favour of a person who is not an agriculturist 1[or who
being an agriculturist 2[will after such sale, gift, exchange, lease or
mortgage, hold land exceeding two thirds of the ceiling area determined
under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act,
1961] or who is not an agricultural labourer] :
Provided that the Collector or an officer authorised by the 3[State]
Government in this behalf may grant permission for such sale, gift,
exchange, lease or mortgage, on such conditions as may be prescribed.
4[Explanation.—For the purpose of this sub-section, the expression
“agriculturist” shall include any person and his heirs whose land has
been acquired for a public purpose and who as a result of such
acquisition has been rendered landless from the date of such
acquisition.]
4[(1A) Where any condition subject to which permission to transfer
was granted is contravened, then the land in respect of which such
permission was granted shall be liable to be forfeited in accordance with
the provisions of section 84CC.
(1B) Where permission is granted to any transfer of land under subsection
(1) any subsequent transfer of such land shall also be subject
to the provisions of sub-section (1)].
(2) Nothing in this section shall be deemed to prohibit the sale, gift,
exchange or lease of a dwelling house or the site thereof or any land
appurtenant to it in favour of an agricultural labourer or an artisan
6[or a person carrying on any allied pursuit].
1 These words were inserted by Bom. 13 of 1956, s. 32(1).
2 These words, brackets and figures were substituted for the words “ cultivate
personally land not less then the ceiling area whether as an owner or tenant or partly
as owner and partly as tenant” by Mah. 27 of 1961, s. 48, Second Schedule.

3 This word was substituted for the word “ Provincial” by the Adaptation of Laws Order,1950
4 This explanation was substituted by. Mah. 10 of 2014, s. 2.
5 Sub-sections (1A) and (1B) were inserted by Mah. 8 of 1963, s. 5.
6 These words were inserted by Bom. 13 of 1956, s. 32(2).
1[(3) Nothing in this section shall apply or be deemed to have applied
to a mortgage of any land or interest therein effected in favour of a
co-operative society as security for the loan advanced by such society
2[or any transfer declared to be a mortgage by a court under section
24 of the Bombay Agricultural Debtor’s Relief Act, 1947*.] ].

3[(4) Nothing in section 63A shall apply to any sale made under subsection
(1)]
Transfer to nonagriculturist for bona-fide industrial use
(1) Notwithstanding anything contained in section 63, it
shall be lawful for a person to sell land, without permission of the
Collector, to any person who is or is not an agriculturist and who intends
to convert the same to a bona fide industrial use 5[or for special township
projects, as the case may be,], where such land is located within,—
(i) the industrial zone of a draft or final regional plan or draft
interim or final development plan or draft or final town planning
scheme, as the case may be, prepared under the Maharashtra
Regional and Town Planning Act, 1966 or any other law for the time
being in force, or the agricultural zone of any of such plans or
schemes and the development control regulations or rules framed
under such Act or any of such laws permit industrial use of land; or
(ii) the area where no such plan or scheme as aforesaid exists 6[or]:
7[(iii) the area taken over by a private developer for development
of a special township project:]
Provided that, where the total extent of such land proposed to be
purchased by a person exceeds ten hectres, he shall obtain prior
permission of the Development Commissioner (Industries) or any other
officer authorised by the State Government in this behalf, who, while
granting such permission shall consider the justification or

reasonableness of the requirement of the land proposed to be purchased

with reference to the nature of the proposed bona fide industrial use
of such land:
8[Provided further that, such purchase of land shall be subject to the
condition that it shall be put to industrial use within the specified total
period of Fifteen years from the date of purchase, failing which the
person from whom the land was purchased shall have the right to
repurchase such land at the price for which it was originally sold by him :
1 This sub-section was added by Bom. 12 of 1951, s. 6.
2 These words and figures were inserted by Bom. 13 of 1956, s. 32(3).
3 This sub-section was added, ibid., s. 32(4).
4 This section was inserted by Mah. 28 of 1994, s. 2.
5 These words were inserted by Mah. 25 of 2005, s.2 (a) (i).
6 This word was added, ibid., s. 2 (a) (ii).
7 Clasue (iii) was inserted, ibid., s.2 (a) (iii).
8 These provisos were substituted, ibid., s.2 (a) (iv).
* Now, the short title of the Act, has been amended as “the Maharashtra Agricultural
Pests and Diseases Act.” (XLIII of 1947) by Mah. 24 of 2012, Sections 2 and 3,
Schedule, entry 27, w.e.f. 1st May 1960.
Provided also that, the purchaser who fails to put the land to
bona-fide industrial use within five years from the date of the purchase,
and is on the date of coming into force of the Maharashtra Tenancy and
Agricultural Lands Laws (Amendment) Act, 2004 holding such land
without having been put to the bona-fide industrial use, shall be permitted
to put such land to the bona-fide industrial use within the remaining
period from the total period of fifteen years, subject to the condition that,
(a) In the land purchased under sub-section (1) was held by the
seller as the Occupant Class-II,-such purchaser land holder shall pay
an additional amount equal to 48 per cent. of the price for which it
was originally purchased and three times of an annual assessment
of non-agricultural tax payable under the Maharashtra Land
Revenue Code, 1966 as a non-utilisation tax per year ;
(b) if the land purchased under sub-section (1) was held by the
seller as the Occupant Class, such purchaser land holder shall pay
an amount equal to three times of an annual-assessment of the nonagricultural
tax payable under the Maharashtra Land Revenue
Code, 1966 as a non-utilisation tax per year :
Provided also that the provisions of this sub-section shall not
apply to the areas notified as the Eco-sensitive zone by the
Government of India:]
Provided also that, where the land being sold is owned by a person
belonging to the Scheduled Tribe, such sale of land shall be subject to
the provisions of sections 36 and 36A of the Maharashtra Land Revenue
Code, 1966 and of the Maharashtra Restoration of Lands to Scheduled
Tribes Act, 1974.
(2) If, the land being purchased under sub-section (1) is held by
Occupant-Class II, the purchaser shall pay to the Collector, an amount
equal to 1[two per cent. of the purchase price, in case the purchase of
land is bonafide industrial use and fifty per cent. of the purchase if
the purchase of land is for special township project] within one month
of the execution of the sale deed irrespective of the tenure of such land.
This payment shall be in lieu of any nazarana or such other charges
which may otherwise be payable by such Occupant-Class II by or under
the provisions of the Maharashtra Land Revenue Code, 1966. In
addition, the purchaser of such land shall pay the non-agricultural
assessment as may be levied by the Collector under sections 67 and
115 of the Maharashtra Land Revenue Code, 1966.
(3) The person purchasing the land under sub-section (1) for
conversion thereof for a bona fide industrial use, 2[or for special
township project, as the case may be] give intimation of the date, on
which the change of user of the land commenced, within thirty days
from such date, to the Collector.
1 These words were substituted for the words “two per cent. of the purchase price” by
Mah. 25 of 2005, s.2(b).
2 These words were inserted, ibid., s.2 (c).
(4) If the person fails to inform the Collector within the period
specified in sub-section (3), he shall be liable to pay in addition to the
non-agricultural assessment which may be leviable by or under the
provisions of the Maharashtra Land Revenue Code, 1966 such penalty
not exceeding twenty time the amount of non-agricltural assessment
as the Collector may, subject to the rules, if any, made by the State
Government in this behalf, direct.
Explanation.—For the purposes of this section,—
(a) the expression “ bona fide industrial use ” means the activity
of manufacture, preservation of processing of goods, or any handicraft,
or industrial business or enterprise, carried on by any person, 1[or the
activity of tourism within the areas notified by the State Government
as the tourist place or hill station,] and shall include construction of
industrial buildings used for the manufacturing process or purpose,
or power projects and ancillary industrial usage like research and
development, godown, canteen office building of the industry
concerned, or providing housing accomodation to the workers of the
industry concerned, or estblishment of an industrial estate including
a co-operative industrial estate, service industry, cottage industry,
gramodyog units or gramodyog vasahats.
2[(aa) “special township project” means the special township
project or projects under the Regulations framed for Development
of Special Township by the Government under the provisions of the
Maharashtra Regional and Town Planning Act, 1966.]
(b) “Scheduled Tribes” means such tribes or tribal communities or
parts of, or groups within, such tribes or tribal communities as are
deemed to be Scheduled Tribes in relation to the State of Maharashtra
under article 342 of the Constitution of India and persons, who belong
to the tribes or tribal communities, or parts of, or groups within, tribes
or tribal communities specified in Part IX of the Schedule to the Order
made under the said article 342, but who are not resident in the
localities specified in that order who nevertheless need the protection
of this section (and it is hereby declared that they do need such
protection) shall, for the purposes of this section, be treated in the
same manner as members of the Scheduled Tribes.]
Reasonable price of land for the purpose of its sale and purchase
(1) Except as otherwise expressly provided in this Act, the
price of any land sold or purchased under the provisions of this Act
shall consist of the following amounts, namely:—
(a) an amount not being less than 20 times the assessment levied
or leviable in respect of the land and not being more than 200 times
such assessment excluding, however, for the purpose of calculation,
the amount of water rate, if any, levied under section 55 of the
Bombay Land Revenue Code, 1879 and included in such assessment ;
1 These words were inserted, by Mah. 25 of 2005, s(2)(d)(I).
2 Clause (aa) was inserted by ibid., s.2 (d)(II)
3 These section was inserted by Bom. 13 of 1956, s.33.
(b) the value of any structures, wells and embankments,
constructed, permanent fixtures made and trees planted on the land.
(2) Where under the provisions of this Act any land is sold or
purchased by mutual agreement, such agreement shall be registered
before the Mamlatdar, and the price of the land shall, subject to the
limits specified in sub-section (1), be such as may be mutually agreed
upon by the parties. In the case of disagreement between the parties,
the price shall be determined by the Tribunal having regard to the
factors mentioned in this section.
(3) Where in the case of a sale or purchase of any land under this
Act, the Tribunal or the Mamlatdar has to fix the price of such land
under this Act, the Tribunal or the Mamlatdar, as the case may be,
shall, subject to the quantum specified in sub-section (1), fix the price
having regard to the following factors, namely:—
(a) the rental values of lands used for similar purposes in the locality;
(b) the structures and wells constructed and permanent fixtures
made and trees planted, on the land by the landlord or tenant ;
(c) the profits of agriculture of similar lands in the locality ;
(d) the prices of crops and commodities in the locality ;
(e) the improvements made in the land by the landlord or the tenant ;
(f) the assessment payable in respect of the land ; and
(g) such other factors as may be prescribed.]
1[Explanation.—For the purpose of this section the expression
‘assessment’ shall have the meaning asigned to it in section 8.]
Sale of agricultural land to particular person
(1) Where a landlord intends to sell any land, he shall apply
to the Tribunal for determining the reasonable price thereof. The
Tribunal shall thereupon determine the reasonable price of the land
in accordance with the provisions of section 63A. The Tribunal shall
also direct that the price shall be payable either in lump sum or in
annual instalments not exceeding six carrying simple interest at 4½
per cent. per annum :
Provided that, in the case of sale of the land in favour of a permanent
tenant when he is in possession thereof, the price shall be at six times
the annual rent.
(2) After the Tribunal has determined the reasonable price, the
landlord shall simultaneously in the prescribed manner make an offer—
(a) in the case of agricultural land,—
(i) to the tenant in actual possession thereof, notwithstanding
the fact that such land is a fragment; and
(ii) to all persons and bodies mentioned in the priority list ;
1 This Explanation was added by Bom. 15 of 1957, s. 12.
2 This section was substituted for the original by Bom. 13 of 1956, s. 34.
(b) in the case of a dwelling house, or a site of a dwelling house
or land appurtenant to such house when such dwelling house, site
or land is not used or is not necessary to carry on agricultural
operations in the adjoining lands—
(i) to the tenant thereof;
(ii) to the person residing in the village who is not in possession
of any dwelling house:
Provided that if there are more than one such person the offer
shall be made to such person or persons and in such order of
priority as the Collector may determine in this behalf having
regard to the needs of the following persons, namely:—
(i) an agricultural labourer,
(ii) an artisan,
(iii) a person carrying on an allied pursuit,
(iv) any other person in the village.
(3) The persons to whom such offers are made shall intimate to the
landlord within one month from the date of receipt of the offer whether
they are willing to purchase the land at the price fixed by the Tribunal.
(4) (a) If only one person intimates to the landlord under
sub-section (3) his willingness to accept the offer made to him by the
landlord under sub-section (2), the landlord shall call upon such person
by a notice in writing in the prescribed form to pay him the amount of
the reasonable price determined by the Tribunal or to deposit the same
with the Tribunal within one month or such further period as the
landlord may consider reasonable from the date of receipt of the notice
by such person.
(b) If more than one person intimate to the landlord under subsection
(3) their willingness to accept the offers made to them by the
landlord under sub-section (2), the landlord shall call upon by a notice
in writing in the prescribed form the person having the highest priority
in the order of priority given in sub-section (2) to pay him the amount
of the reasonable price determined by the Tribunal or to deposit the
same with the Tribunal within one month or such further period as
the landlord may consider reasonable from the date of receipt of the
notice by such person.
(5) If the person to whom a notice is given by the landlord under
sub-section (4) fails to pay the amount of the reasonable price to the
landlord or to deposit the same with the Tribunal within the period
referred to in sub-section (4) such person shall be deemed to be not
willing to purchase the land and the landlord shall call upon in the
manner provided in sub-section (4) the person who stands next highest
in the order of priority and who has intimated his willingness to the
landlord under sub-section (3).
(6) If any dispute arises under this section regarding—
(a) the offer made by the landlord under sub-section (2), or
(b) the notice given by the landord under sub-sections (4) or (5), or
(c) the payment or deposit of the reasonable price, or
(d) the execution of the sale-deed,
such dispute shall be decided by the Tribunal.
(7) (a) Notwithstanding anything contained in the foregoing
provisions of this section a landlord may after obtaining the previous
permission of the Tribunal as provided in the next succeeding clause (b)
sell any land notwithstanding the fact that such land is a fragment to
the tenant in actual possession thereof at a price mutully agreed upon
between him and the tenant subject to the provisions of section 63A.
(b) The landlord shall make an application in writing to the Tribunal
for permission to sell the land at such price. On receipt of the application,
the Tribunal shall grant the permission if, on holding an inquiry, it is
satisfied that the price has been agreed to voluntarily by the tenant.
(8) Any sale made in contravention of this section shall be invalid.
(9)If a tenant refuses or fails to purchase the land or a dwelling
house offered to him under this section, and the land or the dwelling
house, as the case may be, is sold to any other person under this section,
the landlord shall be entitled to evict such tenant and put the purchaser
in possession.]
Exemption to sales by or in favour of co-operative societies
Nothing in sections 63 and 64 shall apply to sales effected
by or in favour of a co-operative society under the Bombay Co-operative
Societies Act, 1925*]
Assumption of management of lands which remained uncultivated
(1) If it appears to the 2[State] Government that for any two
consecutive years, any land has remained uncultivated 3[or the full and

efficient use of the land has not been made for the purpose of agriculture,
through the default of the holder or any other cause whatsoever not
beyond his control] the 2[State] Government may after making such
inquiry as it thinks fit, declare that the management of such land shall
be assumed. The declaration so made shall be conclusive.
(2) On the assumption of the management, such land shall vest in
the 2[State] Government during the continuance of the management
and the provisions of Chapter IV shall mutatis mutandis apply to the
said land :
4[Provided that the Manager may in suitable cases give such land
on lease at rent even equal to the amount of its assessment:
1 This section was inserted by Bom. 12 of 1951, s. 7.
* See now the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).
2 This word was substituted for the word “ Provincial ” by the Adaptation of Laws
Order, 1950.
3 These words were substituted for the words “ through default of either the landlord
or tenant or any other cause whatsoever ” by Bom. 13 of 1956, s. 35 (1).
4 These provisos were substituted for the proviso, ibid., s. 35(2).
Provided further that, if the Management of the land has been
assumed under sub-section (1) on account of the default of the tenant,
such tenant shall cease to have any right or privilege under Chapter
II or III, as the case may be, in respect of such land, with effect from
the date on and from which such managment has been assumed.]
Acquisition of estate or land under management or interest therein
(1) If at any time it appears to the 1[ State ] Government that
any estate or land, the management of which has been assumed under
the provisions of this Act or the interest of any other person in such
estate or land should in the public interest, be compulsorily acquired,
it shall be lawful for the 1[State] Government to publish a notification
to that effect in the Official Gazette. The notification so published shall
be conclusive that the estate, land or interest is needed to be acquired
in public interest.
(2) On the publication of the notification, the Collector shall cause
publicity to be given to it at convenient places in the locality and also
give notices to the holder of the estate, land or interest and to all
persons known or believed to be interested therein.
(3) The Collector shall then make an inquiry in the prescribed
manner to determine the value of the estate, land or interest which
has been acquired. For the said purpose the Collector shall have the
same powers as are vested in courts, in respect of the following matters
under the Code of Civil Procedure, 1908, in trying a suit :—
(a) proof of facts by affidavits ;
(b) summoning and enforcing the attendance of any person and
examining him on oath ; and
(c) compelling the production of documents.
(4) In determining the value the Collector shall take into
consideration—
(a) the assessment payable in respect of the estate or land ;
(b) the profits of agriculture and cultivation of the estate or land
and of similar estates and lands in the locality ;
(c) the price of crops and commodities in the locality ;
(d) exemption from assessment and other privileges enjoyed by
the holder and other persons interested in respect of the land, estate
and interest ;
(e) any other matter which may be prescribed
(5) After determining the value of the estate, land or interest the
Collector shall make an award which shall contain—
(a) the particulars of the estate, land or interest,
(b) the compensation which in his opinion should be allowed for
the land,
1 This word was substituted for the word “ Provincial ” by the Adaptation of Laws
Order, 1950
(c) the apportionment of the compensation among all persons
known, or believed to be interested.
(6) Such award shall be filed in the Collector’s office and shall, except
as hereinafter provided, be final and conslusive evidence as between
the Collector and persons interested whether they have respectively
appeared before the Collector or not of all the particulars including area
and value of the estate, land or interest and the apportionment of
compensation.
(7) When the Collector has made an award, the estate, land or
interest therein shall vest in 1[Government] free from all incumbrances.
1 This word was substituted for the word “Crown” by Adoptation of Laws Order, 1950.
 80
1948
S/2
S/63 to 66
LAND LAWS

B
c
i)
ii)
iii)
iv)
OBJECTS &
REASONS

CHAPTER I.
PRELIMINARY
Sec1

Sec2
ii)
CHAPTER IV.

CONTROL OF
DEVELOPMENT
AND USE OF LAND
INCLUDED IN
DEVELOPMENT
PLANS.
Sec43
Sec44

Sec45
Sec46

Sec47
Sec48

Sec49
Sec50
Sec51

iii)
UNAUTHORISED
DEVELOPMENT

Sec52
Sec53
Sec54
Sec55

Sec56
Sec56A

Sec57

Sec58
CHAPTER VII
LAND
ACQUISITION
iv)

Sec125

Sec126
Sec127
Sec128
Sec129
STATE LEGISLATION
Maharashtra Regional & Town Planning Act
Definitions
Control of Development
Unauthorised Development
Land Acquisition

An Act to make provision for planning the development and use of land in
Regions established for that purpose and for the constitution of Regional
Planning Boards therefor; to make better provisions for the preparation of
Development plans with a view to ensuring that town planning schemes are
made in a proper manner and their execution is made effective; to provide for
the creation of new towns by means of Development Authorities; to make
provisions for the compulsory acquisition of land required for public purposes
in respect of the plans; and for purposes connected with the matters aforesaid.
WHEREAS, it is expedient to make provision for planning the development and use
of land in Regions established for that purpose and for the constitution of Regional
Planning Boards thereof; to make better provision for the preparation of Development
plans with a view to ensuring that town planning schemes are made in a proper manner
and their executions is made effective; to provide for the creation of new towns by means
of Development Authorities; to make provision for the compulsory acquisition of land
required for public purposes in respect of the plans; and for purposes connected with the
matters aforesaid ; It is hereby enacted in the Seventeenth Year of the Republic of India
as follows

Short title,extent and commencement.

(1) This Act may be called the Maharashtra Regional and Town Planning Act, 1966.
(2) It shall extend to the whole of the State of Maharashtra.
(3) It shall come into force on such date1 as the State Government may, by notification
in the Official Gazette, appoint but the State Government may if it thinks fit bring different
provisions of this Act into force at different times

Definitions
In this Act, unless the context otherwise requires,—
(1) “agriculture” includes horticulture, poultry farming, the raising of crops, fruits,
vegetables, flowers, grass or trees of any kind, breeding of livestock including cattle,
horses, donkeys, mules, pigs, breeding of fish and keeping of bees, the use of land for
grazing cattle and for any purpose which is ancillary to its cultivation or other agricultural
purpose; but does not include the use of land as a garden which is an appendage to a
building; and “ agricultural ” shall be construed accordingly ;

1 11th day of January 1967 (vide G.N, U.D., P.H. and H.D., No. TPA. 1166/72383-Uni-II, dated 11th
January 1967).
+This indicates the date of commencement of Act.

@ This Act came into force vide G.N. U.D.D. No. TPB-4312/CR-16/2013/UD-11, dated the 24th December
@@ Maharashtra Ordinance No. XV of 2014 was repealed by Mah. XXXVIII of 2014, S.6.
@@@ This Act came into force vide G.N. U.D.D. No. TPS-1814/CR-349/UD-13, dated
the 22nd April 2015.
 Maharashtra Ordinance No. VI of 2015 was repealed by Mah. XXXII of 2015, s.3.
1[(2) “amenity ” means roads, streets, open spaces, parks, recreational grounds, play
grounds, sports complex, parade grounds, gardens, markets, parking lots, primary and
secondary schools and colleges and polytechnics, clinics, dispensaries and hospitals, water
supply, electricity supply, street lighting, sewerage, drainage, public works and includes
other utilities, services and conveniences] ;
(3) “ Appropriate Authority ” means any public authority on whose behalf land is

designated for a public purpose in any plan or scheme and which it is authorised to acquire ;
(4) “ Arbitrator ” means a person appointed as the Arbitrator for the purposes of any
scheme or schemes under section 72 ;
(5) “ Building operations ” includes erection or re-erection of a building or any part
thereof, roofing or re-roofing of any part of a building or of any open space, any material
alteration or enlargement of a building, any such alteration of a building as is likely to
affect an alteration of its drainage or sanitary arrangement or materially affect its security
or the construction of a door opening on any streets or land not belonging to the owner ;
2[(5A) “ compounded structure ” means an unauthorized structure, in respect of which
the compounding charges as levied by the Collector under the provisions of sub-section
(2B) of section 18 are paid by the owner or occupier of such structure and which, upon
such payment, has been declared as such by the Collector ;]
(6) “ Court ” means in Greater Bombay, the Bombay City Civil Court; and elsewhere,
the principal civil court of original jurisdiction; and includes any other civil court of a
Judge of Senior Division or a Judicial Officer empowered by the State Government to
perform the functions of the court under this Act within the pecuniary and local limits of
its jurisdiction;

3[(6A) “ Designated Officer ” means the officer designated under sub-section (8) of section
53 ; ]
(7) “ development ” with its grammatical variations means the carrying out of buldings,
engineering, mining or other operations in or over or under, land or the making of any
material change, in any building or land or in the use of any building or land 4[or any
material or structural change in any heritage building or its precinct] 5[and includes
6[demolition of any existing building, structure or erection or part of such building,
structure of erection; and] 7[reclamation,] redevelopment and lay-out and sub-division of
any land; and “ to develop” shall be construed accordingly];
1 Clause (2) was substituted for the origninal and shall be deemed to have been substituted on the 25th
March 1991, by Mah. 10 of 1994, s. 2(a).
2 Clause (5A) was inserted by Mah. 43 of 2014, s.5 (a) w.e.f. 22-4-2015.
3 Clause (6A) was inserted by Mah. 2 of 2012, s. 29, w.e.f. 22-3-2012.
4 Theses words were inserted by Mah. 39 of 1994, s. 2(a).
5 These words were substituted for the words “ and includes lay-out and sub-division of any land” by Mah.
21 of 1971, s. 2(1).
6 These words were inserted by Mah. 10 of 1994, s. 2(b).
7 This word was inserted by Mah. 31 of 1983, s. 2.
(8) “ Development Authority ” means a New Town Development Authority
1[constituted or declared under section 113];
(9) “ Development plan ” means a plan for the development or re-development of the
area within the jurisdiction of a Planning Authority 2[3[and includes revision of a
development plan and] proposals of a special planning Authority for development of land
within its jurisdictions];
4[(9A) “ development right” means right to carry out development or to develop the
land or building or both and shall include the transferable development right in the form
of right to utilise the Floor Space Index of land utilisable either on the remainder of the
land partially reserved for a public purpose or elsewhere, as the final Development Control
Regulations in this behalf provide;]
(10) “ Director of Town Planning ” means the officer appointed by the State
Government as the Director of Town Planning.
(11) “ engineering operations ” includes the formation or laying out of a street or
means of access to a road or laying out of means of water-supply, drainage, electricity,
gas or other public service;
(12) “ existing-land-use map ” means a map indicating the use to which lands in any
specified area are put at the time of preparing the map;
(13) “ final plot ” means a plot allotted in a final town planning scheme;
5[(13A) “ Floor Space Index ” means the quotient or the ratio of the combined gross
floor area to the total area of the plot, viz :—
Floor Space Index = Total covered area of all floors/Plot area
(13B) “Heritage building ” means a building possessing architectural, aesthetic,
historic or cultural values which is declared as heritage building by the Planning
Authority in whose jurisdiction such building is situated;
(13C) “ Heritage precinct ” means an area comprising heritage building or buildings
and precincts thereof or related places;]

6[(13D) “ Integrated Township Project ” means an Integrated Township Project declared

under section 18 or 44, as the case may be;]
(14) “ land ” includes benefits to arise out of land, and things attached to the earth
or permanently fastened to anything attached to the earth;
1 These words were substituted for the word “ constituted ” by Mah. 21 of 1971, s. 2(2).
2 These words were inserted by Mah. 30 of 1972, s. 2(1).
3 These words were substituted for the words “ and includes ” by Mah. 6 of 1976, s.2.

4 Clause (9A) was inserted and shall be deemed to have been inserted on the 25th March 1991 by Mah.
10 of 1994, s. 2(c).
5 Clauses (13A), (13B) and (13C) were inserted by Mah. 39 of 1994, s. 2(b).
6 Clause (13D) was inserted by Mah. 43 of 2014, s.5 (b) w.e.f. 22-4-2015.
which is permitted by the State Government for any area under its jurisdiction to exercise
the powers of a Planning Authority under this Act;
(16) “ local newspaper ” in relation to any area within the jurisdiction of a Regional
Planning Board, Planning Authority or of a Development Authority, means any newspaper
published or circulating within that area;
(17) “ occupier ” includes a tenant, an owner in occupation of, or otherwise using his
land, a rent-free tenant in any land, and any person in lawful possession of any land who
is liable to pay to the owner compensation for the use and occupation of the land;
(18) “ owner ” includes any person for the time being receiving or entitled to receive,
whether on his own account or as agent, trustee, guardian, manager or receiver for
another person or for any religious or charitable purpose, the rents or profits of the
property in connection with which it is used;
3[(19) “ Planning Authority ” means a local authority; and shall includes,—
(a) a Special Planning Authority constituted or appointed or deemed to have been
appointed under section 40; and
(b) in respect of the slum rehabilitation area declared under section 3C of the
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971,
the Slum Rehabilitation Authority appointed under section 3A of the said Act;]
1 Sub-clause (b) was substituted by Mah. 10 of 2000, s. 2.
2 Sub-paragraph (ii) was substituted by Mah. 28 of 1977, s. 191 (a).
3 Clause (19) was substituted for the original by Mah. 5 of 1996, s. 4.
* Repealed by Mah. 23 of 2012, s. 7.

** Name of the “Bombay provincial Municipal Corporation Act, 1949 ” is substituted as “Maharashtra
Municipal Corporation Act,” by Mah. 23 of 2012, s. 4.
(20) “ prescribed ” means prescribed by rules made under this Act;
(21) “ plot ” means a portion of land held in one ownership and numbered and shown
as one plot in a town planning scheme;
(22) “ reconstituted plot ” means a plot which is altered in ownership or in any other
way by the making of a town planning scheme;
(23) “ Region ” means any area established to be a Region under section 3;
(24) “ Regional Board ” or “ Board ” means a Regional Planning Board constituted under
section 4;
(25) “ Regional plan ” means a Plan for the development or re-development of a Region
which is approved by the State Government and has come into operation under this Act;
(26) “ Regional Planning Committee ” means a committee appointed under section 10;
(27) “ Regulation ” means a regulation made under section 159 of this Act and includes
1[zoning, special development control regulations] and other regulations made as a part
of a Regional Plan, Development plan, or town planning scheme;
(28) “ Residence ” includes the use for human habitation of any land or building, or
part thereof including gardens, grounds, garages, stables and outhouses, if any,
appertaining to such land or building;
(29) “ Rule ” means a rule made under this Act;
(30) “ scheme ” includes a plan relating to a town planning scheme;
2***
(31) “ Town Planning Officer ” means the officer appointed for the time being to be the
Town Planning Officer for all or any of the provisions of this Act;
3[(31A) “ Undeveloped area ” means an area within the jurisdiction of one or more
local authorities (not being an area within the jurisdiction of a cantonment board
constituted under the Cantonment Act, 1924) which is in the opinion of the State
Government in a neglected condition, or which is being developed or is in imminent
likelihood of being developed in an uncontrolled or haphazard manner, and requires, in
the public interest, to be developed in a proper and orderly manner ;]
(32) “Zilla Parishad” means a Zilla Parishad constituted under the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961.
1 These words were substituted for the word “zoning” by Mah. 22 of 2005, s. 2(a).
2 Clause (30A) was deleted by Mah. 43 of 2014, w.e.f. 22-4-2015.
3 Clause (31A) was inserted by Mah. 30 of 1972, s. 2(2).
Control of Development

Restrictions on development of land

After the date on which the declaration of intention to prepare a Development
plan for any area is published in the Official Gazette 1[or after the date on which a
notification specifying any undeveloped area as a notified area, or any area designated
as a site for a new town, is published in the Official Gazette], no person shall institute or
change the use of any land or carry out any development of land without the permission
in writting of the Planning Authority :
Provided that, no such permission shall be necessary—
(i) for carrying out works for the maintenance, improvement or other alteration of
any building, being works which affect only the interior of the building or which do
not materially affect the external appearance thereof 2[except in case of heritage building
or heritage precinct;]
(ii) the carrying out of works in compliance with any order or direction made by
any authority under any law for the time being in force ;
(iii) the carrying out of works by any authority in exercise of its powers under any
law for the time being in force :
1 These words were inserted by Mah. 30 of 1972, s. 6.
2 These words were added by Mah. 39 of 1994, s. 11.
(iv) for the carrying out by the Central or the State Government or any local
authority of any works—
(a) required for the maintenance or improvement of a highway, road or public
street, being works carried out on land within the boundaries of such highway, road
or public street ;
(b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains,
pipes, cable, telephone or other apparatus including the breaking open of any street
or other land for that purpose ;
(v) for the excavation (including wells) made in the ordinary course of agricultural
operation ;
(vi) for the construction of a road intended to give access to land solely for
agricultural purposes ;
(vii) for normal use of land which has been used temporarily for other purposes;
(viii) in case of land, normally used for one purpose and occasionally used for any
other purpose, for the use of land for that other purpose on occasions;
(ix) for use, for any purpose incidental to the use of a building for human habitation
of any other building or land attached to such building.
Application for permission for development
1[(1)] Except as otherwise provided by rules made in this behalf, any person not
being Central or State Government or local authority intending to carry out any
development on any land shall make an application in writing to the Planning Authority
for permission in such form and containing such particulars and accompanied by such
documents, as may be prescribed :
2[Provided that, save as otherwise provided in any law, or any rules, regulations or
by-laws made under any law for the time being in force, no such permission shall be
necessary for demolition of an existing structure, erection or building or part thereof, in
compliance of a statutory notice from a Planning Authority or a Housing and Area
Development Board, the Bombay Repairs and Reconstruction Board or the Bombay Slum
Improvement Board established under the Maharashtra Housing and Area Development
Act, 1976.]
1[(2) Without prejudice to the provisions of sub-section (1) or any other provisions of
this Act, any person intending to execute 3[an Integrated Township Project] on any land,
may make an application to the State Government, and on receipt of such application
1 Section 44 was re-numbered as sub-section (1) thereof and after sub-section (1) as so re-numbered,sub-
section (2) was added by Mah. 22 of 2005, s. 4
2 This proviso was added by Mah. 10 of 1994, s. 5.

3 These words were substituted for the words “a Special Township Project” by Mah. 43 of 2014, s.11 w.e.f.
22-4-2015.
Grant or refusal of permission
(1) On receipt of an application under section 44 the Planning Authority may,
subject to the provisions of this Act, by order in writing—
(i) grant the permission, unconditionally ;
(ii) grant the permission, subject to such general or special conditions as it may
impose with the previous approval of the State Government ; or
(iii) refuse the permission.
(2) Any permission granted under sub-section (1) with or without conditions shall be
contained in a commencement certificate in the prescribed form.
(3) Every order granting permission subject to conditions, or refusing permission shall
state the grounds for imposing such conditions or for such refusal.
(4) Every order under sub-section (1) shall be communicated to the applicant in the
manner prescribed by regulations.
(5) If the Planning Authority does not communicate its decision whether to grant or
refuse permission to the applicant within sixty days from the date of receipt of his
application, or within sixty days from the date of receipt of reply from the applicant in
respect of any requisition made by the Planning Authority, whichever is later, such

permission shall be deemed to have been granted to the applicant on the date immediately
following the date of expiry of sixty days :
2[Provided that, the development proposal, for which the permission was applied for,
is strictly in conformity with the requirements of all the relevant Development Control
Regulations framed under this Act or bye-laws or regulations framed in this behalf under
any law for the time being in force and the same in no way violates either the provisions
of any draft or final plan or proposals published by means of notice, submitted for sanction
under this Act :
Provided further that, any development carried out in pursuance of such deemed
permission which is in contravention of the provisions of the first proviso, shall be deemed
to be an unauthorised development for the purposes of sections 52 to 57.]
1 These words were substituted for the words “ a Special Township Project ” by Mah. 43 of 2014, s. 11w.e.f.
22-4-2015.
2 These proviso were added by Mah. 10 of 1994, s. 6(a).
1[(6) The Planning Authority shall, within one month from the date of issue of
commencement certificate, forward duly authenticated copies of such certificate and the
sanctioned building or development plans to the Collector concerned.]
Provisions of Development plan to be considered before graning permission
The Planning Authority in considering application for permission shall have due
regard to the provisions of any draft or final plan 2[or proposal] 3[published by means of
notice] 2[submitted] or sanctioned under this Act.
4[Provided that, if the Development Control Regulations for an area over which a
Planning Authority has been appointed or constituted, are yet to be sanctioned, then in
considering application for permission referred to in sub-section (1), such Planning
Authority shall have due regard to the provisions of the draft or sanctioned Regional plan,
till the Development Control Regulations for such area are sanctioned:
Provided further that, if such area does not have draft or sanctioned Regional plan,
then Development Control Regulations applicable to the area under any Planning
Authority, as specified by the Government by a notification in the Official Gazette, shall
apply till the Development Control Regulations for such area are sanctioned. ]
Appeal
(1) Any applicant aggrieved by an order granting permission on conditions or
refusing permission under section 45 may, within forty days of the date of communication
of the order to him, prefer an appeal to the State Government or to an officer appointed
by the State Government in this behalf, being an officer not below the rank of a Deputy
Secretary to Government ; and such appeal shall be made in such manner and
accompained by such fees (if any) as may be prescribed.
(2) The State Government or the officer so appointed may, after giving a reasonable
opportunity to the appellant and the Planning Authority to be heard, by order dismiss
the appeal, or allow the appeal by granting permission unconditionally or subject to the
conditions as modified.
Lapse of permission
Every permission for development granted or deemed to be granted under section
45 or granted under section 47 shall remain in force for a period of one year 5[form the
date of receipt of such grant], and thereafter it shall lapse :
1 Sub-section (6) was added, by Mah. 10 of 1994, s. 6(b).
2 These words were inserted by Mah. 30 of 1972, s. 7.
3 These words were substituted for the words “published” by Mah. 6 of 1976, s. 18.
4 These provisos were added by Mah. 43 of 2014, s.12, w.e.f. 22-4-2015.

5 These words were substituted for the words “from the date of such grant” by Mah. 6 of 1976, s. 19.
Provided that, the Planning Authority may, on application made to it extend such period
from year to year ; but such extended period shall in no case exceed three years :
1[Provided further that, if the development is not completed upto plinth level or where
there is no plinth, upto upper level of basement or stilt, as the case may be, within the
period of one year or extended period, under the first proviso, it shall be necessary for
the applicant to make application for fresh permission.]
Obligation to acquire land on refusal of permission or on grant of permission in
certain cases
(1) Where—
(a) any land is designated by a plan as subject to compulsory acquisition, or
(b) any land is allotted by a plan for the purpose of any functions of a Government
or local authority or statutory body, or is land designated in such plan as a site proposed
to be developed for the purposes of any functions of any such Government, authority
or body, or
(c) any land is indicated in any plan as land on which a highway is proposed to be
constructed or included, or
2[(d) any land for the development of which permission is refused or is granted subject
to conditions,
and any owner of land referred to in clause (a), (b), (c) or (d) claims—
(i) that the land has become incapable of reasonably beneficial use in its existing
state, or
(ii) (where planning permission is given subject to conditions) that the land cannot
be rendered capable of reasonably beneficial use by the carrying out of the permitted
development in accordance with the conditions ; or]
(e) the owner of the land because of its designation or allocation in any plan claims
that he is unable to sell it except at a lower price than that at which he might reasonably
have been excepted to sell if it were not so designated or allocated,
the owner or person affected may serve on the State Government within such time and
in such manner, as is prescribed by regulations, a notice (hereinafter referred to as “ the
purchase notice ”) requiring the Appropriate Authority to purchase the interest in the
land in accordance with the provisions of this Act.
(2) The purchase notice shall be accompanied by a copy of any application made by
the applicant to the Planning Aurhority, and of any order or decision of that Authority
and of the State Government, if any, in respect of which the notice is given.
1 This proviso was substituted for the second proviso by Mah. 16 of 2007, s. 3.
2 Clause (d) was substituted for the original by Mah. 14 of 1971, s.4(1).
(3) On receipt of a purchase notice, the State Government shall fortwith call from the
Planning Authority and the Appropriate Authority such report or records or both, as may
be necessary, which those authorities shall forward to the State Government as soon as
possible but not later than thirty days from the date of their requisition.
(4) On receiving such records or reports, if the State Government is satisfied that the
conditions specified in sub-section (1) are fulfilled, and that the order or decision for
permission was not duly made on the ground that the applicant did not comply with any
of the provisions of this Act or rules or regulations, it may confirm the purchase notice,
or direct that planning permission be granted without condition or subject to such
conditions as will make the land capable of reasonably beneficial use. In any other case,
it may refuse to confirm the purchase notice, but in that case, it shall give the applicant
a reasonable opportunity of being heard.
(5) If within a period of six months from the date on which a purchase notice is served
the State Government does not pass any final order thereon, the notice shall be deemed
to have been confirmed at the expiration of that period.
1* * * * * * *
2[(7) If within one year from the date of confirmation of the notice, the Appropriate
Authority fails to make an application to acquire the land in respect of which the purchase
notice has been confirmed as required under section 126, the reservation, designation,
allotment, indication or restriction on development of the land shall be deemed to have
lapsed ; and thereupon, the land shall be deemed to be released from the reservation,
designation, or, as the case may be, allotment, indication or restriction and shall become
available to the owner for the prupose of development otherwise permissible in the case
of adjacent land, under the relevant plan.]
Deletion of reservation of designated land for interim draft of final Development
plan.
(1) The Appropriate Authority 3[(other than the Planning Authority)], if it is
satisfied that the land is not or no longer required for the public purpose for which it is
designated or reserved or allocated in the interim or the draft Development plan or plan
for the area of Comperhensive development or the final Development plan, may
request—
(a) the Planning Authority to sanction the deletion of such designation or
reservation or allocation from the interim or the draft Development plan or plan for
the area of Comprehensive development, or
1 Sub-section (6) was deleted by Mah. 6 of 1976, s. 20.
2 Sub-section (7) was added by Mah. 14 of 1971, s. 4(2).
3 The brackets and words were inserted by Mah. 39 of 1994, s. 12.
(b) the State Government to sanction the deletion of such designation or
reservation or allocation from the final Development plan.
(2) On receipt of such request from the Appropriate Authority, the Planning Authority,

or as the case may be, the State Government may make an order sanctioning the deletion
of such designation or reservation or allocation from the relevant plan :
Provided that, the Planning Authority, or as the case may be, the State Government
may, before making any order, make such enquiry as it may consider necessary and satisfy
itself that such reservation or designation or allocation is no longer necessary in the public
interest.
(3) Upon an order under sub-section (2) being made, the land shall be deemed to be
released from such designation, reservation, or, as the case may be, allocation and shall
become available to the owner for the purpose of development as otherwise permissible
in the case of adjacent land, under the relevant plan.
Power of revocation and modification of permission to development.
(1) If it appears to a Planning Authority that it is expedient, having regard to the
Development plan prepared or under preparation that any permission to develop land

granted 1[or deemed to be granted] under this Act or any other law, should be revoked or
modified, the Planning Authority may, after giving the person concerned an opportunity
of being heard against such revocation or modification, by order, revoke or modify the
permission to such extent as appears to it to be necessary :
Provided that—
(a) where the development relates to the carrying out of any building or other
operation, no such order shall affect such of the operations as have been previously
carried out ; or shall be passed after these operations have substantially progressed
or have been completed ;
(b) where the development relates to a change of use of land, no such order shall
be passed at any time after the change has taken place.
(2) Where permission is revoked or modified by an order made under sub-section (1)
and any owner claims within the time and in the manner prescribed, compensation for
the expenditure incurred in carrying out the development in accordance with such
permission which has been rendered abortive by the revocation or modification, the
Planning Authority shall, after giving the owner reasonable opportunity of being heard
by the Town Planning Officer, and after considering his report, assess and offer, subject
to the provisions of section 19, such compensation to the owner as it thinks fit.
(3) If the owner does not accept the compensation and gives notice, within such time
as may be prescribed, of his refusal to accept, the Planning Authority shall refer the matter
for the adjudication of the court; and the decision of the court shall be final and be binding
on the owner and Planning Authority.
1 These words were inserted by Mah. 10 of 1994, s. 7.
Unauthorised Development

Penalty for unauthorised development or for use otherwise than in conformity

withDevelopment plan.
(1) Any person who, whether at his own instance or at the instance of any other
person commences, undertakes or carries out development or institutes, or changes the
use of any land—
(a) without permission required under this Act ; or
(b) which is not in accordance with any permission granted or in contravention of
any condition subject to which such permission has been granted ;
(c) after the permission for development has been duly revoked ; or
(d) in contravention of any permission which has been duly modified,
shall, on conviction, 1[be punished with imprisonment for a term 2[which shall not be
less than one month but which may extend to three years and with fine which shall not
be less than two thousand rupees but which may extend to five thousand rupees, and in
the case of a continuing offence with a further daily fine which may extend to two hundred
rupees] ] for every day during which the offence continues after conviction for the first
commission of the offence.
(2) Any person who continues to use or allows the use of any land or building in
contravention of the provisions of a Development plan without being allowed to do so
under section 45 or 47, or where the continuance of such use has been allowed under the
section continues such use after the period for which the use has been allowed or without
complying with the terms and conditions under which the continuance of such use is
allowed, shall on conviction be punished 3[with fine which may extend to five thousand
rupees]; and in the case of a continuing offence, with a further fine which may extend to
one hundred rupees for every day during which such offence continues after conviction
for the first commission of the offence.
Power to require removal of unauthorised development
(1) Where any development of land has been carried out as indicated in sub-section
(1) of section 52, the Planning Authority may, subject to the provisions of this section,
4* * * * serve on the owner a notice requiring him, within such period,
being not less than one month, as may be specified therein after the service of the notice,
to take such steps as may be specified in the notice,
1 These words were substituted for the words “be punished with fine which may extend to five
thousandrupees,” by Mah. 31 of 1983, s. 3(a).

2 This portion was substituted for the portion beginning with the words “which may extend to three
years” and ending with the words “one hundred rupees” by Mah. 10 of 1994, s. 8.
3 These words were substituted for the words “ with fine which may extend to five thousand rupees ”
byMah. 31 of 1983, s. 3(b).
4 The words “within seven years of such development,” were deleted by Mah. 39 of 1994, s. 13.
(a) in cases specified in clause (a) or (c) of sub-section (1) of section 52, to restore
the land to its condition existing before the said development took place,
(b) in cases specified in clause (b) or (d) of sub-section (1) of section 52, to secure
compliance with the conditions or with the permission as modified :
Provided that, where the notice requires the discontinuance of any use of land, the
Planning Authority shall serve a notice on the occupier also.
(2) In particular, such notice may, for purpose of sub-section (1), require—
(a) the demolition or alteration of any building or works ;
(b) the carrying out on land of any building or other operations ; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period specified in the notice
and in the manner prescribed, apply for permission under section 44 for retention on the
land of any building or works or for the continuance of any use of the land, to which the
notice relates, and pending the final determination or withdrawal of the application, the
mere notice itself shall not affect the retention of buildings or works or the continuance
of such use.
(4) The foregoing provisions of this Chapter shall, so far as may be applicable, apply
to an application made under sub-section (3).
(5) If the permission applied for is granted, the notice shall stand withdrawn ; but if
the permission applied for is not granted, the notice shall stand ; or if such permission is
granted for the retention only of some buildings, or works, or for the continuance of use
of only a part of the land, the notice shall stand withdrawn as respects such buildings or
works or such part of the land, but shall stand as respects other buildings or works or
other parts of the land, as the case may be; and thereupon, the owner shall be required

to take steps specified in the notice under sub-section (1) as respects such other buildings,
works or part of the land.
(6) If within the period specified in the notice or within the same period after the
disposal of the application under sub-section (4), the notice or so much of it as stands is
not complied with, the Planning Authority may—
(a) prosecute the owner for not complying with the notice ; and where the notice
requires the discontinuance of any use of land any other person also who uses the
land or causes or permits the land to be used in contravention of the notice ; and
(b) where the notice requires the demolition or alteration of any building or works
or carrying out of any building or other operations, itself cause the restoration of the
land to its condition before the development took place and secure compliance with
the conditions of the permission or with the permission as modified by taking such
steps as the Planning Authority may consider necessary including demolition or
alteration of any building or works or carrying out of any building or other operations ;
and recover the amount of any expenses incurred by it in this behalf from the owner
as arrears of land revenue.
(7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction,
1[be punished with imprisonment for a term 2[which shall not be less than one month
but which may extend to three years and with fine which shall not be less than two
thousand rupees but which may extend to five thousand rupees, and in the case of a
continuing offence with a further daily fine which may extend to two hundred rupees]
for every day during which such offence continues after conviction for the first
commission of the offence.]
3[(8) The Planning Authority shall, by notification in the Official Gazette, designate
an officer of the Planning Authority to be the Designated Officer for the purposes of
exercise of the powers of the Planning Authority under this section and sections 54,
55 and 56. The Designated Officer shall have jurisdiction over such local area as may
be specified in the notification and different officers may be designated for different
local areas.]
Power to stop unauthorised developments
(1) Where any development of land as indicated in sub-section (1) of section 52
is being carried out but has not been completed, the Planning Authority may serve on
the owner and the person carrying out the development a notice requiring the
development of land to be discontinued from the time of the service of the notice ; and
thereupon, the provisions of sub-sections (3), (4), (5) and (6) of section 53 shall so far as
may be applicable apply in relation to such notice, as they apply in relation to notice
under section 53.
(2) Any person, who continues to carry out the development of land, whether for
himself or on behalf of the owner or any other person, after such notice has been served
shall, on conviction, 4[be punished with imprisonment for a term which may extend to
three years or with fine which may extend to five thousand rupees or with both]; and
when the non-compliance is a continuing one, with a further fine which may extend to
one hundred rupees for every day after the date of the service of the notice during which
the non-compliance has continued or continues

Removal or discontinuance of unauthorised temporary development summarily

(1) Notwithstanding anything hereinbefore contained in this Chapter, where any

person has carried out any development of a temporary nature unauthorisedly as indicated
in sub-section (1) of section 52, the Planning Authority may by an order in writing direct

that person to remove any structure or work erected, or discontinue the use of land made
1 These words were substituted for the words “ be punished with fine which may extend to five thousand
rupees ” by Mah. 31 of 1983, s. 4(b).
2 This portion was substituted for the portion beginning with the words “ which may extend to three days”
and ending with the words “one hundred rupees” by Mah. 10 of 1994, s. 9.
3 Sub-section (8) was added by Mah. 2 of 2012, s.30, w.e.f. 22-3-2012.
4 These words were substituted for the words “be punished with fine which may extend to five thousand
rupees” by Mah. 31 of 1983, s. 5.
unauthorisedly as aforesaid, within fifteen days of the receipt of the order ; and if thereafter,
the person does not comply with the order within the said period, the Planning Authority
may request the District Magistrate or the Commissioner of Police, as the case may be,
1[or authorise any of its officers or servants,] to have such work summarily removed or
such use summarily discontinued without any notice as directed in the order; and any
development unauthorisedly made again, shall be similarly removed or discontinued
summarily without making any order as aforesaid.
(2) The decision of the Planning Authority on the question of what is development of
a temporary nature shall be final.
Power to require removal of authorised development or use
(1) If it appears to a Planning Authority that it is expedient in the interest of
proper planning of its areas (including the interest of amenities) having regard to the
Development plan prepared,—
(a) that any use of land should be discontinued, or
(b) that any conditions should be imposed on the continuance thereof, or
(c) that any buildings or works should be altered or removed, the Planning Authority
may, by notice served on the owner,—
(i) require the discontinuance of that use; or
(ii) impose such conditions as may be specified in the notice on the continuance
thereof ; or
(iii) require such steps, as may be specified in the notice to be taken for the
alteration or removal of any buildings or works, as the case may be,
within such period, being not less than one month, as may be specified therein, after the
service of the notice.
(2) Any person aggrieved by such notice may, within the said period and in the manner
prescribed, appeal to the State Government.
(3) On receipt of an appeal under sub-section (2), the State Government or any other
person appointed by it in this behalf may, after giving a reasonable opportunity of being
heard to the appellant and the Planning Authority, dismiss the appeal or allow the appeal
by quashing or varying the notice as it may think fit.
(4) If any person,—
(i) who has suffered damage in consequence of the compliance with the notice by
the depreciation of any interest in the land to which he is entitled or by being disturbed
in his enjoyment of the land or otherwise ; or
(ii) who has carried out any works in compliance with the notice, claims, from the
Planning Authority, within the time and in the manner prescribed compensation in
respect of that damage, or of any expenses reasonably incurred by him for complying
1 These words were inserted by Mah. 31 of 1983, s. 6.
with the notice, then the provisions of sub-sections (2) and (3) of section 51 shall apply
in relation to such claim as those provisions apply to claims for compensation under
those provisions.
(5) If any person having interest in land in respect of which a notice is issued under
this section claims that by the reason of the compliance with the notice, the land will
become incapable of reasonably beneficial use, he may within the period specified in the
notice or within such period after the disposal of the appeal, if any, filed under sub-section
(2) and in the manner prescribed, serve on the State Government a purchase notice
requiring his interest in the land to be acquired ; and thereupon, the provisions of section
49 for dealing with a purchase notice shall, so far as can be made applicable, apply as
they apply to a purchase notice under that section.
Punishment for failure to take action against unauthorised construction
Where it has been brought to the notice of the Designated Officer that erection
of any building or execution of any work is carried out in contravention of the provisions
of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient

reasons, to take action, as provided under section 53, 54, 55 or 56, he shall, on conviction,
be punished with imprisonment for a term which may extend to three months, or with
fine which may extend to twenty thousand rupees, or with both.]
Recovery of expenses incurred.
Any expenses incurred by a Planning Authority under sections 53, 54, 55 and 56
shall be a sum due to the Planning Authority under this Act from the person in default
or the owner of the plot.
Development undertaken on behalf of Government
(1) When any Government intends to carry out development of any land for the
purpose of any of its departments or offices or authorities, the officer incharge thereof
shall inform in writing the Planning Authority the intention of Government to do so,
giving full particulars thereof, and accompanied by such documents and plans as may be
prescribed at least thirty days before undertaking such development.
(2) Where a Planning Authority raises any objection to the proposed development on
the ground that the development is not in conformity with the provisions either of any
Development plan under preparation or of any building bye-laws in force for the time
being, or for any other material consideration the officer shall—
(i) either make necessary modifications in the proposals for development to meet the
objections raised by the Planning Authority, or
(ii) submit the proposals for development together with the objections raised by
the Planning Authority to the State Government for decision.
(3) The State Government, on receipt of the proposals for development together
with the objections of the Planning Authority shall, in consultation with the Director
of Town Planning, either approve the proposals with or without modifications or direct
the officer to make such modifications in the proposals as it considers necessary in
the circumstances.
1 Section 56A was inserted by Mah. 2 of 2012, s.31, w.e.f. 22-3-2012.
1[(3A) The development proposals approved by the State Government under sub-section
(3) shall remain in force for a period of one year from the date of grant of such approval,
and thereafter it shall lapse :
Provided that, the Officer in charge of the development may apply under intimation
to the Planning Authority to the State Government, for extension of such period ; and
thereupon the State Government may extend such period from year to year ; but such
extended period shall in no case exceed three years :
Provided further that, such lapse shall not bar any subsequent application by the officer
in charge of the development, for fresh approval to the development under the preceding
sub-sections.]
(4) The provisions of sections 44, 45 2[and 47 shall not, and section 46 shall, mutatis
mutandis and section 48 shall, as modified by sub-section (3A),] apply to development
carried out under this section.

Land Acquisition
Compulsory acquisition of land needed for purposes of Regional
plan,Development plan, or town planning schemes, etc
Any land required, reserved or designated in a Regional plan, Development plan
or town planning scheme for a public purpose or purposes including plans for any area of
comprehensive development or for any new town shall be deemed to be land needed for
a public purpose within the meaning of the Land Acquisition Act, 1894.
1 Section 124K-1 was inserted by Mah. 43 of 2014, s.14, w.e.f. 22-4-2015.
Acquisition of land required for public purposes specified in plans
(1) Where after the publication of a draft Regional plan, a Development or any
other plan or town planning scheme, any land is required or reserved for any of the public
purposes specified in any plan or scheme under this Act at any time, the Planning
Authority, Development Authority, or as the case may be, 1[any Appropriate Authority
may, except as otherwise provided in section 113A] 2[acquire the land,—
(a) by agreement by paying an amount agreed to, or
(b) in lieu of any such amount, by granting the land-owner or the lessee, subject,
however, to the lessee paying the lessor or depositing with the Planning Authority,
Development Authority or Appropriate Authority, as the case may be, for payment to
the lessor, an amount equivalent to the value of the lessor’s interest to be determined
by any of the said Authorities concerned on the basis of the principles laid down in the
Land Acquisition Act, 1894, Floor Space Index (FSI) or Transferable Development
Rights (TDR) against the area of land surrendered free of cost and free from all
encumbrances, and also further additional Floor Space Index or Transferable
Development Rights against the development or construction of the amenity on the
surrendered land at his cost, as the Final Development Control Regulations prepared
in this behalf provide, or
(c) by making an application to the State Government for acquiring such land under
the Land Acquisition Act, 1894,
and the land (together with the amenity, if any so developed or constructed) so
acquired by agreement or by grant of Floor Space Index or additional Floor Space
Index or Transferable Development Rights under this section or under the Land
Acquisition Act, 1894, as the case may be, shall vest absolutely free from all
encumbrances in the Planning Authority, Development Authority, or as the case
may be, any Appropriate Authority.]
(2) On receipt of such application, if the State Government is satisfied that the land
specified in the application is needed for the public purpose therein specified, or 3[if the
State Government (except in cases falling under section 49 4[and except as provided in
section 113A)] itself is of opinion] that any land included in any such plan is needed for
any public purpose, it may make a declaration to that effect in the Official Gazette, in the
manner provided in section 6 of the Land Acquisition Act, 1894, in respect of the said
land. The declaration so published shall, notwithstanding anything contained in the said
Act, be deemed to be a declaration duly made under the said section :
1 This portion was substituted for the words “ any Appropriate Authority may, acquire the land ” by Mah.21
of 1971, s. 11(1).

2 This portion was substituted and shall be deemed to have been substituted on the 25th March 1991 for
the words and figures “acquire the land either by agreement or makes an application to the State
Government for acquiring such land under the Land Acquisition Act, 1894” by Mah. 10 of 1994, s. 13(a).
3 These words were substituted for the words “if the State Government itself is of opinion” by Mah. 14 of
1971, s. 6(1)(a).
4 This portion was inserted by Mah. 21 of 1971, s. 11(2).
1[ Provided that, subject to the provisions of sub-section (4), no such declaration shall
be made after the expiry of one year from the date of publication of the draft Regional
Plan, Development Plan or any other Plan, or Scheme, as the case may be.]
2[(3) On publication of a declaration under the said section 6, the Collector shall proceed
to take order for the acquisition of the land under the said Act ; and the provisions of
that Act shall apply to the acquisition of the said land with the modification that the market
value of the land shall be,—
(i) where the land is to be acquired for the purposes of a new town, the market
value prevailing on the date of publication of the notification constituting or declaring
the Development Authority for such town ;
(ii) where the land is acquired for the purposes of a Special Planning Authority,
the market value prevailing on the date of publication of the notification of the area
as undeveloped area ; and
(iii) in any other case, the market value on the date of publication of the interim
development plan, the draft development plan or the plan for the area or areas for
comprehensive development, whichever is earlier, or as the case may be, the date of
publication of the draft Town Planning Scheme :
Provided that, nothing in this sub-section shall affect the date for the purpose of
determining the market value of land in respect of which proceedings for acquisition
commenced before the commencement of the Maharashtra Regional and Town Planning
(Second Amendment) Act, 1972 :
Provided further that, for the purpose of clause (ii) of this sub-section, the market value

in respect of land included in any undeveloped area notified under sub-section (1) of section
40 prior to the commencement of the Maharashtra Regional and Town Planning (Second
Amendment) Act, 1972, shall be the market value prevailing on the date of such
commencement.]

3[(4) 4[Notwithstanding anything contained in the proviso to sub-section (2) and subsection
(3), if a declaration,] is not made, within the period referred to in sub-section
(2) (or having been made, the aforesaid period expired on the commencement of the
Maharashtra Regional and Town Planning 5[(Amendment) Act, 1993)], the State
Government may make a fresh declaration for acquiring the land under the Land
1 This proviso was substituted by Mah. 10 of 1994, s. 13(b).
2 Sub-section (3) was substituted by Mah. 11 of 1973, s. 6.
3 Sub-section (4) was added by Mah. 14 of 1971, s. 6(3).
4 These words were substituted for the words “If a declaration” by Mah. 10 of 1994,s. 13(c)(i).
5 These brackets, words and figures were substituted for the brackets, words and figures “(Amendment)
Act, 1970,” by Mah. 10 of 1994, s. 13 (c)(ii).
Acquisition Act, 1894, in the manner provided by sub-sections (2) and (3) of this section,
subject to the modification that the market value of the land shall be the market value
at the date of declaration in the Official Gazette, made for acquiring the land afresh.]
Lapsing of reservations
1[(1) If any land reserved, allotted or designated for any purpose specified in any
plan under this Act is not acquired by agreement within ten years from the date on which
a final Regional Plan, or final Development Plan comes into force 2[or if a declaration
under sub-section (2) or (4) of section 126 is not published in the Official Gazette within
such period, the owner or any person interested in the land may serve notice, alongwith
the documents showing his title or interest in the said land, on the Planning Authority,
the Development Authority or, as the case may be, the Appropriate Authority to that
effect; and if within twelve months] from the date of the service of such notice, the land

is not acquired or no steps as aforesaid are commenced for its acquisition, the reservation,
allotment or designation shall be deemed to have lapsed, and thereupon, the land shall
be deemed to be released from such reservation, allotment or designation and shall
become available to the owner for the purpose of development as otherwise, permissible
in the case of adjacent land under the relevant plan.
3[(2) On lapsing of reservation, allocation or designation of any land under sub-section
(1), the Government shall notify the same, by an order published in the Official Gazette.]
Power of State Government to acquire lands for purpose other than the one for which it
is designated in any 6* plan or scheme.
(1) Where any land is included in 4[ any plan or scheme] as being reserved, allotted
or designated for any purpose therein specified or for the purpose of Planning Authority
or Development Authority or Appropriate Authority and the State Government is satisfied
that the same land is needed for a public purpose different from any such public purpose
or purpose of the Planning Authority, Development Authority or Appropriate Authority,
the State Government may, notwithstanding anything contained in this Act, acquire such
land under the provisions of the Land Acquisition Act, 1894.
5[(1A) Save as otherwise provided in this Act or any other law for the time being in
force where any land included in any plan or scheme as being reserved, allotted or
designated for any purpose therein specified or for the purposes of a Planning Authority
or Development Authority or Appropriate Authority, is being acquired by the State
Government under the provisions of the Maharashtra Industrial Development Act, 1961,
for the Maharashtra Industrial Development Corporation (being the Special Planning
1 This section was re-numbered as sub-section (1) by Mah. 16 of 2009, s.2.
2 This portion was substituted for the portion begining with “or if proceedings for the acquisition of
such"land” and ending with the words “if within six months.” by Mah. 16 of 2009, s. 2 (a).
3 Sub-section (2) was added, by Mah. 16 of 2009, s. 2(b).

4 These words were substituted for the words “ any draft plan or scheme” by Mah. 11 of 1973, s. 7.
5 Sub-section (1A) was inserted by Mah. 10 of 1994, s. 14.
6 The word “draft” was deleted by Mah. 6 of 1976, s. 32(c).
Authority deemed to have been appointed as such under sub-section (1A) of section 40,
the provisions of sub-sections (2) and (3) of this section shall mutatis mutandis, apply to
such acquisition proceedings.]
(2) In the proceedings under the Land Acquisition Act, 1894, the Planning Authority,
or Development Authority or Appropriate Authority, as the case may be, shall be
deemed to be a person interested in the land acquired; and in determining the amount
of compensation to be awarded, the market value of the land shall be assessed as if
the land had been released from the reservation, allotment or designation made in
the 1[any plan or scheme] or new town, as the case may be, and the Collector or the
Court shall take into consideration the damage, if any, that Planning Authority or
Development Authority or Appropriate Authority, as the case may be, may sustain
by reason of acquisition of such land under the Land Acquisition Act, 1894, or
otherwise, and the proportionate cost of the Development plan or town planning
scheme or new town, if any, incurred by such Authority and rendered abortive by
reason of such acquisition.
(3) On the land vesting in the State Government under sections 16 or 17 of the Land

Acquisition Act, 1894, as the case may be, the 2[relevant plan or scheme] shall be deemed
to be suitably varied by reason of acquisition of the said land.
Possession of land in case of urgency
(1) At any time after the publication of a notification under sub-section (2) of
section 126, where the State Government, on an application of the Planning Authority,
Development Authority or Appropriate Authority, is satisfied that the possession of
any land which is reserved or designated for a public purpose either under a Regional
plan or Devlopment plan 3 * * * * * is urgently required in the public interest
by that Authority, the State Government may, by an order in writing authorise the
Collector to enter on and take possession of the land under acquisition after giving a
notice of fifteen days; and thereupon, the right or interest in that land shall be
extinguished from the date specified in the order; and on the date on which possession
is taken, the land shall vest without any further assurance and free from encumbrances
in the State Government :

Provided that, before or at the time of taking possession of any land under this subsection,
the Collector shall offer to the person interested compensation for the standing

crops and trees, if any, on such land; and for any damage sustained by him which is caused
by such sudden dispossession and not excepted in section 24 of the Land Acquisition Act,
1894, and if such offer is not accepted, the value of such crops and trees and the amount
of such other damage shall be allowed in awarding compensation for the land under the
provisions of the said Act.
1 These words were substituted for the words “draft Regional Plan, draft Development plan or draft Town
Planning Scheme” by Mah. 6 of 1976, s. 32(a).

2 These words were substituted for the words “relevant draft plan or scheme” by Mah. 6 of 1976., s. 32(b).
3 The words “whether arable, waste or open” were deleted by Mah. 42 of 1973, s. 4.
(2) Where possession of land is taken under sub-section (1), the Planning Authority,
the Development Authority or as the case may be, Appropriate Authority shall subject
to the provisions of sub-section (1), pay to the owner concerned interest at 4 per cent.
per annum, on the amount of compensation from the date of taking possession of the
land under acquisition to the date of payment.
(3) Where possession of land is taken under sub-section (1), the Planning Authority,
or Development Authority, or as the case may be, the Appropriate Authority may, at the
request of the person interested, pay an advance not exceeding two-thirds of the amount
estimated to be payable to such person on account of the land after executing an
agreement in that behalf under section 157.
80
marks
1969
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S/43 to 51
S/52 to 58
S/125 to 129
S/43 to 51
S/52 to 58
S/125 to 129
LAND
LAWS
B
d
i)
ii)
iii)
iv)
OBJECTS &
REASONS

CHAPTER I-
PRELIMINARY
Sec1

6Sec1A

i)Sec2
ii)
CHAPTER VIII
Sec74

Sec75

Sec76
Sec77

Sec78

Sec79

Sec80
Sec81

Sec82
Sec83
Sec84
Sec85

Sec86

Sec87

Sec88
Sec89
Sec90
Sec91

Sec92
Sec93
Sec94

Sec95
Sec95A

Sec96

Sec97

Sec98

Sec99

Sec100
Sec101

Sec102
Sec102

iii)
1[CHAPTER VIII
A

Sec103A

Sec103B
Sec103C

Sec103D

Sec103E
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Sec103G

Sec103H

Sec103I
Sec103J

Sec103K
Sec103L

Sec103M
STATE LEGISLATION
Maharashtra Housing & Area Development Act
Definitions
Control of Development
Unauthorised Development
Land Acquisition

THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976

An Act to unify, consolidate and amend the laws relating to housing, repairing and reconstructing d
works in slum areas.
1[WHEREAS, on account of the rapid growth of industries in the urban areas and the fast growth of p
the need of housing accommodation could not be met by the limited house construction activities in t
AND WHEREAS, in the urban areas and particularly in the 2[Brihan Mumbai] the old buildings which h
in a bad state of repairs and presented a dangerous possibility of collapse, necessity was increasing
reconstructions of such buildings;
AND WHEREAS, due to acute shortage of accommodation in the urban area such have come up whi
slum areas;

AND WHEREAS, the magnitude of the housing programme for construction of new houses thro
reconstruction of old and dilapidated buildings and improvement of slums in the urban areas is so gr
to intervene and take effective step including acquisition of lands and buildings for carrying out h
programmes over or in such lands and buildings and transferring ownership and control thereof to
distribution of ownership and control in houses in such lands and buildings to sub serve the common
3[AND WHEREAS] there are at present various corporate and statutory bodies in the State which hav
of housing accommodation, for repairing and reconstructing building in a bad state of disrepair and p
carrying out improve mental works in slum areas, and for advancing loans for construction of houses
AND WHEREAS, the programme undertaken by these bodies are more or less complementary and t
or functioning
1. Paragraphs inserted by Mah. Act 21 of 1986, s. 2 and notwithstanding anything contain
Court, be and shall be deemed always to have been, inserted.
2. These words were substituted for the word "Greater Bombay by Mah Act 21 of 1986. S. 2
3.. These words were substituted for the word "WHEREAS by Mah. 21 of 1996,
AND WHEREAS, it is, considered necessary and expedient to co-ordinate the housing programmes w
State;

AND WHEREAS, with a view to integrating the activities of these bodies so as to provide for a more
entire problem of housing development, and planning and development of certain areas in a balan
pollution, over-crowding and amenities required for leading a wholesome civic life, it is expedient
whole State and establish new Boards for certain areas of the State to carry out the plans and
aforesaid, to replace the existing Boards by the new Boards aforesaid and to provide for matters con
enacted in the Twenty-seventh Year of the Republic of India as follows :-
SHORT TITLE, EXTENT AND COMMENCEMENT OF ACT5(****)
(1) This Act may be called the Maharashtra Housing and Area Development Act, 1976.
(2) 2 VIII and Chapter VIII-A extend] only to Greater Bombay, and the rest of the Act extends to th
Bombay.
(3) This Act shall come into force in such area, from such date as the State Government may, by
different dates may be appointed for different provision of this Act for different areas.
4[ * * * * * *]
Declaration

It is hereby declared that this Act is for giving effect to the policy of the State towards securing the p
Constitution of India and the execution of the proposals, plans or projects therefor and the acquisition
transferring the lands, buildings or tenements therein to the needy persons and the co-operative soci
Definitions
In this Act, unless the context requires otherwise,"
(1) "Amenity" includes road, bridge, any other means of communication, transport, supply of wa
Street lighting, drainage, sewerage, educational and welfare projects, markets and conservancy, an
may, in consultation with the Authority, from time to time by notification in the Official Gazette,
wholesome civic life for the purposes of this Act;
1. These words were deleted, Mah 21 of 1986, s. 3(c).
2. These words and figures were substituted for the words and figures "Chapter VIII extends", by Ma
3. The whole of the State of Maharashtra with effect from the 5th December, 1977, vide G.N., P.W.
3rd December, 1977. different provisions of this Act for different areas.
4. Sub-section by were deleted by Mah. 21 of 1986, S. 3,
5. Inserted by Mah Act 21 of 1986, Section 4. Notwithstanding anything contained in any judgment,
shall be deemed always to have been inserted so.
(2) "Appointed day" means the day on which the authority is duly constituted under Section 6;
(3) "Authority" means the Maharashtra Housing and Area Development Authority established under
(4) "Authority premises" means any premises belonging to, or vesting in the Authority, or take
placed at the disposal of the Authority for management and use for the purposes of this Act;

Explanation " In this clause "Authority premises" includes any premises taken by a person from
during the period any payments are to be made by such person to the Authority under such agreeme
(5) "Betterment charges" means charges payable under Section 53;
(6) "Board" means a Board established under Section 18;
(7) "Building" for the purpose of Chapter VIII, means building in respect of which the cess is levied
or intended to be let or occupied separately and a house, stable, shed, hut and every other such str
structure which as a whole is unauthorised or any building which is a temporary building as defined
Corporation Act;]
(8) "Bye-laws" means bye-laws made under Section 186;
(9) "Cess" means a tax on lands and buildings levied or leviable under Chapter VIII of this Act;
(10) "Chairman" and "Vice Chairman" means the Chairman and the Vice- Chairman, respectively o
(11) "Competent Authority" means an officer appointed to be Competent Authority under Section 6
(12) "Co-operative Society" means a co-operative housing society registered or deemed to be
Societies Act, 1960;
(13) "Development", with its grammatical variations, means the carrying out of building, enginee
under, any land (including land under sea, creek, river, lake or any other water) or the making of a
includes redevelopment and lay-out and sub- division of any land, and also the provision of
accordingly;
(14) "Existing Board" means,"
(i) the Maharashtra Housing Board constituted under the Bombay Housing Board Act, 1948,
(ii) the Vidarbha Housing Board constituted under the Madhya Pradesh Housing Board Act, 1950,

(iii) the Bombay Building Repairs and Reconstruction Board constituted under the Bombay Building Re
(iv) the Maharashtra Slum Improvement Board constituted under the Maharashtra Slum Improvemen
(v) 1[******] functioning in the State or any part thereof immediately before the appointed day.
1 Deleted by Mah. Act 54 of 1977, Section 2
.
(15) "Fund of the Authority" means the fund of the Authority referred to in Section 34;

(16) "Land" includes open sites and land which is being built upon or is already built upon, benefit
earth or permanently fastened to anything attached to the earth; and also include land under sea, cr
(17) "Land Acquisition Officer" means any officer appointed as such under Section 49 of this Act;
(18) "Member" -
(i) in relation to the authority, means a member of the Authority including the President and the Vice
(ii) in relation to a Board, means a member of the Board including the Chairman and the Vice-Chairm
(iii) in relation to a Panchayat, means a member of a Panchayat including the Sarpanch and Upa-sarp

(19) "Metropolitan Act" means the 1[Mumbai Metropolitan Region Development Authority Act, 1974

(20) "Metropolitan Authority" means the 2[Mumbai Metropolitan Region Development Authority es
(21) "Metropolitan Region" has the meaning assigned to it in the Metropolitan Act;
(22) "Municipal Commissioner" means the Municipal Commissioner of a Municipal Corporation;

(23) "Municipal Corporation" means a Municipal Corporation established or constituted under any l
1 These words and figures were substituted for the orders and figures "The Bombay Metropolitan
Mah. 25 of 1996, S. 2
2. These words were substituted for the words "Bombay Metropolitan Region Development Auth
(24) "Municipal Council" means a Municipal Council established under the Maharashtra Municipalitie
(25) "Occupier" includes"
(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portio
which such rent is paid or is payable;
(b) an owner in occupation of, or otherwise using, his land or building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any land or b
(26) "Owner", when used with reference to any building or land or a part thereof, let or intended to
who receives the rent of such building or land or a part thereof, or who will be entitled to receive
thereof were let and includes"
(a) an agent or trustee who receives such rent on account of the owner,
(b) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any buildi
charitable purposes, or
(c) a receiver, sequestrator, or manager appointed by any court of competent jurisdiction to have th
of the said building, land or part thereof,
(d) a mortgagee in possession
(27) "Premises" means any land or building, or part of a building, whether authorised or otherwise,
(a) gardens, grounds, and out-houses, if any, appertaining to such building or part of a building;
(b) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;
(c) building or a part of building let or intended to be let or occupied separately;
(28) "Prescribed" means prescribed by rules;
(29) "President" and "Vice-President" means the President and Vice-President, respectively, of the

(30) "Rateable value", in relation to a building in any area, has the meaning assigned to it in the re

(31) "Regulations" means regulations made under Section 185;

(32) "Relevant municipal law" means
(a) 1[the Mumbai Municipal Corporation Act,]
(b) the Bombay Provincial Municipal Corporations Act, 1949.
(c) the City of Nagpur Municipal Corporation Act, 1948;
(d) the Maharashtra Municipal Councils Act, 1965;
(33) "Rent Act" means the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947;
(34) "Rules" means rules made by the State Government under section 184;
(35) "Slum improvement area" means any area declared as such by a Board under sub-section (1)
(36) "Structural repairs" for the purposes of Chapter VIII means repairs or replacement of
components of a building or any substantial part thereof or any part to which the occupiers have
water closets or privies by new ones of the like material or materials, or of different material
construction like converting load bearing wall type or timber framed structure to an R.C.C. on
replacement in the opinion of the Board, if not carried out expeditiously may result in the collaps
"structural repairs" includes repairs and replacement of all items which are required to be repaire
replacement aforesaid which are carried out or to be carried out, and also repairs and replacement o
and of the drain pipes (including house gullies) fixed to the building, which, if not repaired or repla
cause further damage to the building. When such repairs to any building or any part thereof are
deemed to be structurally repaired under this Act;
(37) "Town Planning Act" means the Maharashtra Regional and Town Planning Act, 1966;
(38) "Tribunal" means the Tribunal constituted under Section 73;
(39) "Year" means a year commencing on the first day of April;
(40) "Zilla Parishad" means a Zilla Parishad established under the Maharashtra Zilla Parishads and P
Repairs & Reconstruction of Dilapidated buildings
REPAIRS AND RECONSTRUCTION OF DILAPIDATED BUILDINGS
BOARD FOR PURPOSES OF THIS CHAPTER
1[The Mumbai Repairs and Reconstruction Board] established under Section 18 of this Act shall be th
purposes of this Chapter.
BOARD TO EXERCISE POWER AND PERFORM DUTIES SUBJECT TO THE SUPERINTEN
DIRECTION AND CONTROL OF AUTHORITY
The Board shall exercise its powers and perform its duties and functions under this Chapter, subject t
the Authority.
DUTIES RELATING TO REPAIRS AND RECONSTRUCTION OF DILAPIDATED BUILDING
Subject to the provisions of this Chapter, it shall be the duty of the Board"

(a) to undertake and carry out structural repairs to buildings, in such order of priority as the Board,
availability of resources, considers necessary, without recovering any expenses thereof from the own
(b) to provide temporary or alternative accommodation of the occupiers of any such building, whe
collapses;

(c) to undertake, from time to time the work of ordinary and tenantable repairs in respect of all prem
(d) to move the State Government to acquire old and dilapidated buildings and which are, in th
reconstruct or to get reconstructed new buildings thereon for the purpose of housing as many oc
providing alternative accommodation to other affected occupiers;
1. These words were substituted for the words "The Bombay Repairs and Reconstruction Board by Ma
(e) to move the State Government to acquire old and dilapidated buildings and which were once str
which further structural repairs are not, in the opinion of the Board possible economical, and to rec
existing buildings) new buildings thereon for the purpose of housing as many occupiers of those pro
accommodation to other affected occupiers;
(1) having regard to the exigencies of the case and availability of resources, to construct or to get
camps with a view to providing temporary accommodation to persons affected by house collaps
operation;
(g) to take action for demolition of dangerous and dilapidated buildings or portions thereof, which
expenses, and thereby save human lives;
(h) with the prior approval of the authority, to do all other things to facilitate the carrying out its po
this Act
SPECIAL POWERS OF BOARD
The Board, in the exercise of its power, performance of its duties and discharge of its functions under
(a) authorise any person, by general or special order, to enter into or upon any building or land with
for making any inquiry, inspection, survey, measurement, valuation or taking levels of such building
or to execute any work which is authorised by or under this Act, or which it is necessary to execute
the provisions of this Act or of any rule or regulation made there under:
Provided that, before exercising such power, so far as may be compatible with the exigencies of
reasonable notice shall be given to the owner and occupiers, and the power shall be exercised as fa
of their representatives, and due regards shall be had to the social and religious usages of the owner

(b) cause any building proposed to be structurally repaired or reconstructed or demolished to be vac
period, and take or cause to be taken such steps and use or cause to be used such force as may be r
Where any such building or part thereof is caused to be vacated, the Board shall allot to the occupie
premises temporary accommodation in any building maintained by the Authority at such place and
provisions of this Chapter shall mutatis mutandis apply to such occupiers.
PENALTY FOR CONTRAVENING SECTION

Any person who obstructs the entry of a person authorised under Section 77 to enter upon the buildin
such person of his duty, or of any work which he is authorised or required to do, or molests such per
vacate any building or to remove there from any belongings within the period specified in that behalf
imprisonment for a term which may extend to three months, or with fine which extend to five hundre
POWER OF BOARD TO UNDERTAKE BUILDING REPAIRS BUILDING RECONSTRUCTIO
AND OCCUPIERS' HOUSING AND REHABILITATION SCHEMES

(1) The Authority may, on such terms and conditions as it may think fit to impose, entrust to the
building repairs or for reconstruction of buildings or for housing and rehabilitation of dishoused occ
the Board shall thereupon undertake the framing and execution of such schemes as if it had been pro
(2) The Board may, on such terms and conditions as may be agreed upon, and with the previous app
(a) hand over the execution under its own supervision of any, building repairs scheme, building
housing scheme to the Municipal Corporation or to a co-operative society or to any other agency rec
deem necessary, and
(b) transfer by sale, exchange, or otherwise in any manner whatsoever any new building constructed
co-operative society, if it is formed by all the occupiers, or to apartment owners for the purposes of
(the apartment owners being all such occupiers).
WHERE ANY BUILDING IS REPAIRED, OLD BUILDING MATERIAL WHICH IS RE
AUTHORITY IN EXCHANGE FOR NEW MATERIAL PROVIDED, AND PROVISION
CASES
(1) Notwithstanding anything contained in any law for the time being in force, but subject to the pr
repairs of a building or apart thereof are carried out by the Board under the provisions of this Act the
building (which are replaced by the Board by the like material or difference material) shall, on suc
property of the Authority in exchange for the new material so provided by the Board; and it shall b
removed such old building material, debris and other things and to sell or otherwise dispose of that m
deems fit.
(2) As soon as possible after such repairs are carried out, the Board shall give notice to the owner th
become the property of the Authority and that if the owner claims that the value of the said mate de
expenditure incurred by the Board on such repairs, he may submit his claim for compensation, wit
thirty days from the date of receipt of such notice. Where any such claim is made, the Board shal
giving a reasonable opportunity to the owner of being heard, decide the claim, and may either rejec
the claim, the Board shall make an order for payment to the owner as compensation an amount e
building material, debris and other things of the old buildings as estimated by it and the amount o
structural repairs referred to in sub-section (1).
Use of property assigned or entrusted by Government, Municipal Corporation.
"The State Government or the 1[Municipal Corporation of Greater Mumbai] (hereinafter referred to as
entrust to the Board on behalf of the Authority any property, whether movable or immovable, for use
on such terms and conditions as may be agreed upon by the Authority. It shall be the duty of the Boa
which it is assigned or entrusted.
1[MUMBAI BUILDING REPAIRS AND RECONSTRUCTION CESS]
LEVY AND COLLECTION OF 1[MUMBAI BUILDING REPAIRS AND RECONSTRUCTION
(1) For the purpose of this Chapter but subject to the provisions of Section 83, there shall be levie
date as may be appointed by the State Government by notification in the Official Gazette, a tax on
and Reconstruction Cess] (in this Chapter referred to as "the cess"), at rate of so many percentum o
land or part thereof as is provided therefor under the Second Schedule to this Act.
2[ * * *]
1. These words were substituted by Mah. 25 of 1996, s.2, Sch. pare (3)
2. The proviso was deleted with effect from 1st october, 1980 by Mah. 21 of 1980, S. 2.
(2) Subject to the provisions of this Chapter, the cess shall be collected by the 1{Mumbai Corporatio
is collected under the 1[Mumbai Municipal Corporation Act] (hereinafter in this Chapter referred to as
(3) The Municipal Commissioner shall recover the amount of the cess levied under sub-section (1
collected under the Corporation Act. Every addition to the general tax made under this section shall b
each person liable therefor in the same manner as the general tax due from him. The Municipal
prepare separate bill for such period of periods and in such form or forms and serve them in such m
primarily leviable from the owner, the instalment of the cess due for any half year shall be recoverab
general tax due for the next half year, and where such owner is not able to recover any amoun
permitted under sub-section (4) of this section, he shall, subject to the provisions of sub- sections
that amount till it is recovered from the occupier. The provisions of Sections 147 and 148 of the Cor
part of the general tax levied under that Act.

(4) Where an owner is required to pay the 1[Mumbai Corporation] in respect of any land or building
the owner shall be 10 percent. of the rateable value of the land or building and be shall be entitl
levied by making a proportionate increase in the rent of the various premises in the building in the
general tax; and such increase in rent shall not be deemed to be an increase for the purpose of Sec
Corporation Act. Where the rent of any premises in a building is payable by the month, if such re
months of more, the owner shall be entitled to the recovery of possession of the premises under sect
(5) If the owner -
(a) fails to pay the ˜ Corporation] his share of the cess; or
(b) fails to pay to the' [ Corporation] any portion of the cess as is due from any occupier as provid
same from the occupier; or
1. These words were substituted by Mah. 25 of 1996, s.2,
(c) does not within a reasonable time institute a suit, for recovery of possession of the premises, or r
the occupier, the premises in his possession and the amount of the cess due from him, as and wh
portion of the cess due from him for a period of six months or more,
the Municipal Commissioner shall be entitled to recover from the owner the owner's or occupier's sh
the same manner in which the arrears of property tax are recovered under the provisions of the
impose a penalty as provided in Section 207-A of the Corporation Act, not exceeding fifteen per cent
occupier.]
Explanation."For the purposes of this sub-section "reasonable time" means a period of three
arrears for a period of six months in payment of the portion of the cess payable by him to the owner
(6) On receipt ofa report from the owner under the last preceding sub section or otherwise, when an
of the cess due from him, the Municipal Commissioner may recover from the occupier the due amoun
year or more) as if it were an arrear of tax due under the Corporation Act.
(7) Whether the Municipal Commissioner has under Section 175 of the Corporation Act refunded
respect of any property or part thereof for any period, the Municipal Commissioner shall, under intim
amount of cess if paid in respect of that property or part thereof for the same period and if the cess
third of the amount of cess payable for that period

(8) Notwithstanding - anything contained in any law and notwithstanding any rights arising out of an
as cess in respect of any land or building shall, subject to prior payment of the land revenue and
Maharashtra Education and Employment Guarantee (Cess) Act, 1962 (if any) thereon, due to the Sta

(a) in the case of any land or building held immediately from the Government upon the interest in
the cess, and upon the goods and other movable property, if any, found within or upon such land or
(b) in the case of any other land or building, upon such land or building, and upon the goods and oth
such land or building and belonging to the person liable to pay the cess.
1. Inserted by Mah Act 12 of 1989, Section 6
EXEMPTION OF CERTAIN BUILDINGS AND LANDS FROM PAYMENT OF CESS
(1) The following lands and buildings shall be exempt from payment of the cess, that is to say,"
(a) lands and buildings vesting in, or leased to, the Central, Government;
(b) lands and building vesting in, or leased to, the State Government or requisitioned by the State
where the land vesting in or leased to the State Government is given on lease and the building erect
not those lands and buildings where the land and building thereon vesting in or leased to the Sta
person;
(c) lands and buildings vesting in, or leased to, the 1[Mumbai Corporation,] but not those proper
1[Mumbai Corporation is given on lease and the building erected thereon belongs to any other pers
and building thereon vesting in or leased to the 1[Mumbai Corporation] are given on lease to any oth
1. These words were substituted by Mah. 25 of 1996, s.f,
(d) lands and buildings vesting in, or leased to the Authority;

(e) lands and building vesting in or leased to the Trustees of the Port of Bombay, and not used or int
(f) lands and buildings vesting in, or leased to, a public trust registered under the Bombay Public Tru
worship or for educational purposes;
(g) lands and buildings vesting in, or leased to a co-operative housing society:
Provided that, any of those buildings shall be entitled to this exemption only if more than one-ha
occupied by members of that society;
(h) such lands and buildings of any Diplomatic or Consular Mission of a foreign State as are, by ge
under clause (c) of sub-section (1) of Section 143 of the Corporation Act;
(i) buildings exclusively in the occupation of the owner
(j) buildings exclusively used for non-residential purposes;
(k) residential buildings exclusively occupied on leave and licence basis;
(1) buildings occupied or used partly for one and partly for any other purpose or purposes specified in
Provided that no part or parts thereof is or are occupied or used for any purpose not specified in any
(m) all open lands which are not built upon;
(n) buildings erected or which may be erected in an area, after the date on which the Bombay Build
came into force in such area;
(o) any lands and buildings exempted from the payment of the cess before the appointed day unde
the Act referred to in clause (n).
1[(p) building which is subjected to repairs amounting to reconstruction as certified by Mumbai Corpo
2[(2) ****1
Explanation."In this section "building" means building as a whole, and not any part thereof or premi
1. These clause was inserted by Mah. 16 of 1998, s. 2(a).

2. Sub-section (2) was deleted by Mah. 16 of 1998, s.2(b), prior to its deletion sub-section (2
contained in sub-section (1), if a building is deemed to be structurally repaired at any time by the Bo
repairs shall not be exempt or entitled to be exempt from payment of the cess under any of clauses 3
3. The brackets and letter "(g)" deleted by Mah. 12 of 1989, s.7.
ASSESSMENT BOOK MAINTAINED UNDER CORPORATION ACT TO CONTAIN ENTRIES
SHOWING CATEGORIES TO WHICH BUILDINGS LIABLE TO CESS BELONG AND OTHER PART
(1) For the purpose of assessing the amount of cess leviable under this Chapter, the Municipal Com
assessment book maintained by him under Section 156 of the Corporation Act (which shall be deem
additional entries to be made showing the Category to which every property on which the cess is l
deems necessary.
Where a building is erected before the 1st day of September 1940, the building shall be classified as
Where a building is erected between the period from the 1st day of September, 1940 to 31st day
shall be classified as belonging to Category B.
Where a building comprised in any property is erected between the period from the 1St day of Janu
date on which the provisions of the Bombay Building Repairs and Reconstruction Board Act, 1969
building is situated, the building shall be classified as belonging to Category C.
Where a floor or any part of a building is constructed the date of construction, area and other d
separately.
(2) Where additional entries regarding any land or b in existence in any area on the date on which
first time, the Municipal Commissioner shall give individual notice thereof to the person primarily lia
manner laid in Sections 483 to 485-A (both inclusive) of the Corporation Act and also public notice t
that Act and of the place where the ward assessment book so amended, or a copy of it, may be ins
whenever any such notice is given subsequently under the said Section 160, the provisions of Secti
the purpose of this Chapter by sub-section (3) of this section, and of Sections 166 and 167 of the
such additional entries as they apply to the entry showing the amount of rateable value and othe
assessment book, of which notice is given by the Municipal Commissioner.

(3) In applying the provisions of sub-section (1) of Section 165 of the Corporation Act, for the pu
words "the Commissioner" the words and figures "the Commissioner in consultation with an E
of the authority established under the Maharashtra Housing and Area Development Act, 19
2[MUMBAI CORPORATION TO CREDIT CESS AMOUNT TO GOVERNMENT
Within a period of fifteen days from the date of recovery of the cess, the amount so recovered shall,
five percent of the amount of cess so recovered by it, be paid by the Mumbai Corporation to the Stat
(MUMBAI BUILDING REPAIRS AND RE-CONSTRUCTION FUND
(1) The proceeds of the cess collected and paid to the State. Government by the Bombay Corpor
preceding section shall first be credited to the Consolidated Fund to the State; and after deducting th
for the cost of collection, the remaining amount shall, under appropriation duly made by law in
Authority. There shall, however, be created a separate fund called 1[The Mumbai Building Repairs an
to as "the Repairs Fund") and the amount so transferred to the fund of the Authority shall be withd
fund.
(2) The amount transferred to the Repairs Fund under sub-section (1) shall be charged on the Conso
1. These words were substituted by Mali. 25 of 1996, s.2,
2. Section 85 was substituted by Mah. 16 of 1998, s. 3.
(3) The amount in the Repairs Fund shall be placed by the Authority at the disposal of the Board for
The State Government may make rules regulating all matters connected with the Repairs Fund, in
maintained, operated and expended.
1[DEFAULT OF MUMBAI CORPORATION IN COLLECTING OR PAYING CESS]
(1) If the ˜ Corporation] makes default in the collection or payment to the State Government of
Government may, after holding such inquiry as it thinks fit, fix a period of the collection or payment o

(2) If the collection or payment of the sum is not made within the period so fixed, the State Governm
any law relating to the funds vesting in the 1[Mumbai Corporation] or any other law for the time be
of the ˜ Corporation] are deposited or the person in charge of the Government Treasury or of any o
1[Mumbai Corporation] are deposited or the person in charge of the Government Treasury or of any
1[Mumbai Corporation] are deposited to pay such sum from such moneys as may be standing to
bank or, as the case may be, in the hands of such person or as may from time to time be received
way of deposit by such bank or person; and such bank or person shall be bound to obey such order.

(3) Every payment made pursuant to an order under sub-section (2) shall be a sufficient discharge
1[Mumbai Corporation] in respect of any sums so paid by it or him out of the moneys of the ˜ Corpor
Structural Repairs
BOARD TO UNDERTAKE STRUCTURAL REPAIRS TO BUILDINGS WHICH ARE IN RUIN
DETERIORATE AND FALL
(1) Subject to the other provisions of this Chapter, where the Board on consideration of the inform
report of its officer authorised for the purpose, or other information in its possession, is satisfied that
such a ruinous or dangerous condition, that is imminently likely to fall unless structural repairs wh
urgently done, then in such cases, the Board shall, subject to the provisions of sub-section (3), under
1. These words were substituted for the original by Mah. 25 of 1996, s. 2, Sch. para (3).

(2) The Board may prepare a list of such building setting out the order of priority or urgency in respe
may undertake simultaneously or in such order of priority the structural repairs according to the exig
(3)If the Board is of opinion that"
(a) the cost of structural repairs to a building will exceed
1
[
one thousand two hundred rupees
] per square metre, or
(b) the cost of structural repairs to a building will exceed
1
[
one thousand two hundred rupees

] per square metre but the size of the land on which such building is standing is such that for some re
economical to erect any new building thereon and there is an adjoining building but the cost of struct
1
[
one thousand two hundred rupees
] per square metre,
then in cases falling under clause (a) or clause (b) the Board, notwithstanding anything contained in
buildings for repairs and may issue a certificate to that effect to the owner or owners thereof, as
certificate in some conspicuous part of the building or buildings for the information of the occupiers
Chapter
Provided that, in cases of special hardship, the Board may, on such terms and conditions as it m
structural repairs even if the cost of such repairs is likely to exceed the limit aforesaid:

Provided further that, where in any case the occupiers of a building undertake that they shall bear th
1
[
one thousand two hundred rupees]
per square metre and abide by such terms and conditions for payment of the excess cost to the Boar
carry out structural repairs to such building.
(4) The Municipal Commissioner shall, from time to time, send to the Board, full particulars of th
condition and the condition of which is such that they are likely to fall if structural repairs are not u
served notice under Section 354 of the Corporation Act, but the same have not been complied with.
1 These words were substituted for the words "one thousand rupees" by Mah. 6 of 2005, (w.e.f 29
PROCEDURE BEFORE UNDERTAKING STRUCTURAL REPAIRS
(1) Where the Board is Satisfied under Section 88 that structural repairs are necessary to a building
of not less than fifteen days, informing that the Board intends to carry out such repairs on and from
shall be after the expiry of the period specified in the notice, and asking him to submit objections
specified in the notice.
(2) The notice shall also require the owner to furnish to the Board a statement in writing signed
occupiers of the building known to him from his record, the approximate area and location of the
rent, compensation or amount (including permitted increases, if any), charged therefor.
(3) A copy of such notice shall also be affixed in conspicuous part of the building to which it relates
building accompanied by a beat of drum for the information of the occupiers there of and for givi
suggestions, if any.
(4) On such affixation and publication of the notice, the owner, occupiers and all other persons inte
been duly informed of the matters and contents stated
(5) After considering the objections and suggestions received within the time aforesaid, the Board
modification or may postpone the repairs for a certain period, or may cancel the intention to repair.
(6) Where the Board has reason to believe that the building is immediately dangerous for habitatio
from the service thereof.
(7) The Board may, before giving any such notice or before the period of any such notice has expire
to prevent danger to, or from, the said buildings.
(8) Any owner who refuses to furnish a statement as required by sub section (1) or intentionally fu
notice material particular shall, on conviction, be punished with fine which may extend to one thousa
TEMPORARY ACCOMMODATION PENDING STRUCTURAL REPAIRS
(1) Where the Board, before undertaking structural repairs to any building is of the opinion that all o
vacate their promises till the repairs are completed the Board shall give them notice to vacate by
temporary accommodation to such occupiers in any buildings maintained by the Authority for such
deems fit.
(2) Such temporary accommodation may not be in the same locality or of the same floor area as the
(3) If any occupier fails to accept and occupy the accommodation allotted to him within one month
the Board to provide him with any accommodation shall cease.
(4) Subject to the next succeeding sub-sections, such occupier shall, however, have a right to re
repaired.
(5) The use and occupation of the temporary accommodation allotted to an occupier shall be free of
service charges and] such other terms and conditions as the Board may from time to time determine
(6) The occupier shall, on accepting the accommodation allotted to him, continue to pay the owner t
respect of the premises vacated by the occupier.
(7) Where on occupier does not accept the accommodation allottee by the Board, such occupier sh
owner the rent (including permitted increases, if any), of the premises vacated by him, unless by giv
tenancy or other right.
(8) The occupier, whether he accepts the accommodation or makes his own arrangement, shall also
the owner his proportionate contribution for the cess as if he had not temporarily vacated the premi
he fails so to pay.
1 Inserted and shall be deemed always to have been inserted w.e.f. 1-4-1985, by Mali. Act 12 of 198
(9) Where an occupier does not vacate his premises, the Board may take or cause to be taken such
may be reasonably necessary for the purpose of getting the premises vacated.
(10) The Board may, after giving fifteen clear days' notice to the occupiers who were required to
affixing a copy thereof on or near the premises, in some conspicuous place, remove or cause to
property remaining in such premises.
(11) Where the property is sold under sub-section (10), the sale proceeds shall, after deducting t
persons as may be entitled to the same:

Provided that, where the Board is unable to decide as to the person or persons to whom the
apportionment of the same, it shall refer such dispute to a civil court of competent jurisdiction, and th
(12) Where the work of carrying out structural repairs to any building is nearing completion or i
occupiers concerned by affixing it in some conspicuous part of the building and by sending it by pos
with the Board by any occupier and in such other manner as may be laid down in the regulation
occupation from a date specified in the notice and that the occupiers should re-occupy their respec
one month from such date.
(13) If an occupier fails to re-occupy his premises within such period. of one month, his tenancy
notwithstanding anything contained in any contract or in the Rent Act or any other law for the time
the owner shall be entitled to possession thereof
(14) If such occupier has accepted and temporary accommodation allotted to him under this sectio
does not vacate forthwith of within such time as the Board may permit in writing, he shall be liable
Chapter VI of this Act as if such person was in an unauthorised occupation of the Authority premises.
REPAIRS OR RECONSTRUCTION OF BUILDINGS WHICH SUDDENLY COLLAPSE OR BE
(1) Where a building suddenly collapses or becomes uninhabitable due to fire, torrential rain or tem
thereof are dishoused, the Board shall allot temporary accommodation to such occupiers in any build
at such places and to such extend as it deems fit, and the provisions of the last preceding sectio
relation to occupiers of buildings which are undertaken to be structurally repaired.
(2) In the case of any such building if the Board is of the opinion that the building is capable of b
reasonable expense, the Board shall immediately undertake the necessary repairs and the last prece
shall apply mutatis mutandis to such repairs as they apply to structural repairs.
(3) Where the whole building collapses or is rendered uninhabitable, or the Board is of the opinion
and rendered fit for habitation at reasonable expense, the Board may move the State Government to
Chapter and take necessary further action to construct a new building on the site to accomm
accommodation for other purposes specified in sub-section (2) of Section 92.
(4) The provisions of succeeding section shall apply mutatis mutandis to the acquisition, recons
buildings.
(5) Where the whole building collapses or is rendered uninhabitable, and is, therefore, not capable
and the property is not acquired under sub-section (3), then, no plan for erecting any new building o
be sanctioned by the ˜{Mumbai Corporation] unless a no objection certificate from the Board has
such building.
SUBMISSION OF PROPOSAL FOR ACQUISITION
(1) If in respect of any building, the Board has issued a certificate under sub-section (3) of Sectio
Section 354 of the Corporation Act, issued a written notice requiring the owner or occupier the
preventing all cause of danger there from, and the Board is of opinion that such building is not capab
at reasonable expense and is dangerous or injurious to the health or safety of the inhabitants there
Section 354R of the Corporation Act passed a resolution declaring the area in which any such build
may submit to the State Government a proposal to acquire the land, including a proposal for issue o
clear and acquire the land with the existing building in whatever condition thereon and for cons
simultaneously prepare plans and estimates for these purposes.
(2) In preparing the plans and estimates of the building to be reconstructed, it shall be the duty of t
proposed to be demolished shall, as far as practicable, be provided in the reconstructed building acc
floor area in the old building 1{* * *1.
2[Provided that, in the case of an occupier of a residential tenement the floor area of the accommo
less than the 20.90 square metres and more than the 70 square metres.]
1. The words "but in no case exceeding sixty-eight square metres for any occupier of resid
as the Board may determine" were deleted by Mah. i6 of 1998, s. 5(a).
2. Proviso inserted by Mah. 16 of 1998, s. 5(b)
(3) Those dishoused occupiers who cannot be so accommodated in the reconstructed building shal
any building maintained by the authority for such purpose or in any new building constructed by
available.
(4) After making provision for the matters aforesaid, if there is any surplus area in the new buildin
purposes as it deems fit, with a view to reducing the incidence of 3[instalments towards the price
tenements, by maximum exploitation such surplus area for other purposes.
(5) If in respect of any building,"

(a) the Municipal Commissioner has under Section 354 of the Corporation Act already issued a writte
of this Chapter are brought into force in the area in which such building is situate requiring the ow
with a view to preventing all cause of danger there from, and such notice has not been complied with
Control) before the date aforesaid, or
(b) the Municipal Commissioner issues under the said Section 354 of the Corporation Act a. written n
the provisions of this Chapter are brought into force in the area in which such building is situated
down the buildings, with a view to preventing all cause of danger there from, and such notice is n
control) before the date specified in such notice,
The Board may, notwithstanding anything contained in sub-section (1), move the State Governm
immediately and take necessary further steps for demolishing the building, clearing the site and co
provisions of this Chapter shall apply mutatis mutandis to the acquisition, reconstruction and rehabili
to any other building except that the occupiers of such buildings shall as far as practicable, be acc
other building maintained by the Authority, subject to such terms and conditions as the Board m
specify
3. These words were added by Mah. 12 of 1989, s. 9(a).
4. These words were substituted for the words "rent" by Mah. 12 of 1989, s. 9(b).
CLEARANCE AND COMPULSORY ACQUISITION
(1)Notwithstanding anything contained in the Corporation Act, if on receipt of an acquisition prop
satisfied about the reasonableness on the proposal and of the resources available with the Board for
proposal and communicate its approval to the Board.
(2) On receipt of the Government approval, the Board shall forward the acquisition proposal to
acquisition proceedings.
(3) On receipt of the acquisition proposal from the Board, the Land Acquisition Officer shall publish
least four newspapers circulating within 1[Brihan Mumbai] a notice stating the fact of such proposal h
the Government and alternative accommodation proposed to be provided to the occupiers affected
building must be vacated,
(4) The Land Acquisition Officer shall serve the notice referred to in sub-section (3) on the occupie
reasonably practicable to ascertain such persons, on every mortgagee of the building, and call upo
any, why the land should not be acquired, so as to reach him on or before a date specified in the not

(5) On considering the objections and suggestions and on giving a reasonable opportunity of being h
Land Acquisition Officer may sanction the proposals with or without any modification (the modific
publish a notification in the Official Gazette fixing a date on which the proposal as approved shall b
shall, on and from the date of such publication, vest absolutely in the Board on behalf of the Authorit
(6) The notification published under sub-section (5) shall be sufficient authority for the Collector to g
to surrender or deliver possession thereof within a specified period and on his refusal or failure to d
purpose to use such force as may be necessary, and to hand over possession thereof to the Board, a
building vacated in accordance with the next succeeding sub-sections. No person interested in the l
possession or to vacating of the building merely on the ground that the amount of acquisition has not
1. These words were substituted by Mah. 25 of 1996.
(7) After the proposal becomes operative, the occupiers of the building shall vacate their premises w
proposal.
(8) After expiry of the time referred to in sub-section (7), the Board shall, for the purpose of va
remained occupied take or cause to be taken such steps and use or cause to be used such force a
necessary therefor.
(9) The Board may, after giving seven clear days, notice to the persons evicted under sub-section (8
by public auction any property remaining in such building..
(10) Where the property is sold under sub-section (9), the sale proceeds shall, after deducting t
persons as may appear to the Board to be entitled to the same:
Provided that, where the Board is unable to decide as the person or persons to whom the b
appointment of the same, it shall refer such dispute to a Civil Court of competent jurisdiction, and the
(11) After the building is completely vacated, the Board shall proceed to construct a new building on
TEMPORARY AND ALTERNATIVE ACCOMMODATION TO AFFECTED OCCUPIERS WHER
(1) Where the Board requires the occupiers of any building to vacate their premises to enable it t
under this Chapter, the Board shall allot temporary accommodation to such occupiers in any build
places and to such extent as it deems fit The accommodation may not be in the same locality or to
the occupiers.
(2) If the occupier fails to accept and occupy the accommodation allotted to him within one month
the Board to provide him with any temporary accommodation shall cease.
(3) Every occupier shall, with effect from the date on which the land vests in the authority, unti
premises to the Board at the same rate at which he was paying it (including the permitted increase, i
(4) Where the temporary accommodation allotted to any occupier is accepted by him, he shall pay
such accommodation at such rate as the Board may fix in this behalf.
1[(5) Subject to the provisions of this section, every occupier, whether or not he accepts tempora
accommodation in the new building free of cost. Occupiers of the new building shall be required to
Maharashtra Co-operative Societies Act, 1960. The ownership of the new building shall then be tra
operative housing society of the occupiers.
(6) If the occupier of a new building, ˜after accepting and occupying the accommodation allotted to h
housing society formed by the occupiers of such building within a period of three months from the
the right of such occupier to get such accommodation shall stand forfeited and the occupier, who is o
for eviction and the responsibility of the Board to provide him any accommodation shall cease.]
1.. These sub-sections were substituted for sub-section (5) by Mah. 16 of 1998, s. 6.
TEMPORARY AND ALTERNATIVE ACCOMMODATION TO CERTAIN AFFECTED OCCUPIE
WHERE PROPERTY IS NOT TO BE ACQUIRED
If, for any reason in respect of any building the Board decides not to move the State Government
Section 91 or under Section 92 or the State Government decides not to approve the proposal unde
the occupiers of any such buildings are dishoused or required to vacate their premises, the Bo
alternative accommodation to such occupiers in any building maintained by Authority at such place
with the provisions of the last preceding section, so far as they may be applicable:
Provided that, in the case of temporary accommodation such occupiers shall be required to pa
1[including service charges, if any,] for such accommodation from the date the Board decides no
property or the State Government decides not to approve the proposal or from the date of occupat
later.
2[SUMMARY EVICTION OF OCCUPIERS IN CERTAIN CASES

(1) Where the owner of a building or the n of the proposed co operative housing society of the occu
the Board for reconstruction of the building, after obtaining the written consent of not less than 7O p
a No Objection Certificate for such reconstruction of the buildings is issued &v the Board, to the
society of the occupiers, as the case maybe, then it shall be binding on all the occupiers to vacant the
1. Inserted by Mah. Act 12 of 1989, S. 11.
2. Section 95A was inserted by Mah. 16 of 1998, s.7.
Provided that, it shall be incumbent upon the holder of such No Objection Certificate to make availab
temporary accommodation.
(2) On refusal by any of the occupant to vacate the premises as provided in sub-section (1), on bein
Certificate for eviction of such occupiers, it would be competent for the Board, notwithstanding anyt
this Act, to effect summary eviction of such occupiers.
(3) Any person occupying any premises, land building or structure of the Board unauthorisedly or w
this be ha lf shall, notwithstanding anything contained in Chapters VI and VII of this Act, be liable for
(4) Any person who refuses to vacate such premises or obstructs such eviction shall, on conviction, b
may extend to one year or with fine which may extend to five thousand rupees, or with both.]
AMOUNT OF ACQUISITION
On publication of the notification under sub-section (5) of Section 93, the Land Acquisition Officer sha
accordance with provisions of Chapter V.
1[CONTRIBUTION BY STATE GOVERNMENT MUMBAI CORPORATION AND AUTHORIT

(1) The State Government shall, under appropriation duly made by law in this behalf; pay an an
amount of cess recovered during that year, and the Mumbai Corporation shall pay the annual contrib
(2) The Authority from its own funds shall pay an annual contribution of rupees ten crores to the
building]
DISPOSAL OF MONEYS RECEIVED BY THE BOARD
The moneys placed at the disposal of the Board by the Authority under this Chapter shall be applied f
1 Section 97 was substituted Mah. i6of 1998, s. 8
ASSISTANCE FROM 1[MUMBAI CORPORATION.]
(1) The 1[Mumbai Corporation] shall render such help and assistance, and furnish such informatio
time, require for carrying out its duties and functions, and shall make available to the Board for in
plans, and other documents as may be necessary for the performance and discharge of its duties and

(2) The 1[Mumbai Corporation] shall, on demand, make available copies of assessment rolls an
assessment of its taxes. Such copies shall be duly certified by an officer of the 1[Mumbai Corporation
RELAXATION OR MODIFICATION OF CERTAIN PROVISIONS OF CORPORATION ACT
REGIONAL AND TOWN PLANNING ACT, IN CASE OF BOARD'S RECONSTRUCTION PR
Notwithstanding anything contained in the provisions of the Corporation Act or the Town Planning Act
scheme notifications, directions or orders made or issued or deemed to be made or issued under any
having regard to the necessity of providing alternative accommodation to occupiers, who have been,
reconstruction proposal or proposals undertaken by the Board under this Chapter, after consultation w
special order, relax all or any of the provisions aforesaid in the case of any such proposal or class of p
such provisions shall apply to any such proposals or class of proposals, subject to such modifications
PROCEDURE FOR GIVING NOTICE AND OBTAINING PERMISSION FOR BUILDING TO
BOARD

(1) If in respect of any building to be repaired or reconstructed by the Board, any notice is required
the approval, sanction, consent, or permission otherwise of that Municipal Commissioner or any othe
of the provisions mentioned in the last preceding section, the necessary permission shall be deemed
gives a reasonable notice of the proposed work to the Municipal Commissioner or other authority con
1. These words were substituted by Mah. 25 of 1996.
(2) Such notice shall be accompanied by plans and other relevant documents and information.
(3) After receipt of such notice and after making such inquiry as may be deemed necessary, the
within a period of thirty days, submit to the State Government a statement in writing of any objectio
make with reference to the proposed work.
(4) Every objection or suggestion so submitted shall be considered by the State Government, which
think advisable, pass orders thereon, and the work shall be carried out in accordance with such order
SAVING OF POWERS OF OTHER AUTHORITIES AND PERSONS TO CARRY OUT REPAI
REIMBURSEMENT OF COST FOR STRUCTURAL REPAIRS IN CERTAIN CASES

(1) Nothing in this Chapter shall affect the powers of the Municipal Commissioner or any other au
(including the owner or any occupier) to carry out any repairs to any building, or to execute any wor
of such building authorised under Section 257,354,3 77A, 381, 489 and 499 or any other provisions
1OE or any other provisions of the Rent Act, or under the provision of any other law for the time be
action does not require any structural repairs; and in so far as they do require structural repairs, unti
Provided that, if any occupier of a building, seeks the approval of the Municipal Commissioner under
out structural repairs in respect of any such building such approval may be given by the Municipa
Board, but the occupier shall not be entitled to recover from the owner under the said Section 4
structural repairs:
Provided further that, during the period this Chapter is in force, the provisions of Sections 1O-D a
building, in so far as they relate to buildings undertaken or proposed to be undertaken by the Board
(2) If, while carrying out any repairs, or executing any works or taking any action referred to in
Municipal Commissioner or any other authority or any person to carry out structural repairs also, and
person desires that the cost of the structural repairs should be paid by the Board, the Municipal C
case maybe, shall obtain the previous sanction of the Board for such repairs. The Board may give s
may deem fit to impose, having regard to the priority, if any, assigned to the building under s
resources; or may not agree to give such sanction by him on any such structural repairs:
Provided further that, during the period this Chapter is in force, the provisions of Sections 1O-D a
building, in so far as they relate to buildings undertaken or proposed to be undertaken by the Board
(2) If, while carrying out any repairs, or executing any works or taking any action referred to in
Municipal Commissioner or any other authority or any person to carry out structural repairs also, and
person desires that the cost of the structural repairs should be paid by the Board, the Municipal C
case maybe, shall obtain the previous sanction of the Board for such repairs. The Board may give s
may deem fit to impose, having regard to the priority, if any, assigned to the building under s
resources; or may not agree to give such sanction.
(3) Where sanction is given under sub-section (2), it shall be lawful for the Board to pay the cost of
sum or by instalments or according to the progress of the work from time to time as it may deem fit.

(4) When the Board pays the cost of the structural repairs in full, or when a period of three month
seventy-five per cent of such cost, whichever is earlier, the building shall be deemed to be structurall
REVIVAL OF OWNER'S DUTY TO CARRY OUT TENANTABLE REPAIRS
On and after the appointed day, the provisions of Section 23 of the Rent Act shall cease to be suspen
and have full effect again. Accordingly, notwithstanding anything contained in this Chapter, the owne
premises let to any occupier in good and tenantable repair as required by Section 23 of the Rent Act.

Acquisition of Cessed Properties

ACQUISITION OF CESSED PROPERTIES FOR CO-OPERATIVE SOCIETIES OF OCCUPIE

1. Chapter VI11-A was inserted by Mah. 21 of 1986, S. 5.
APPLICATION OF CHAPTER VIII-A TO CERTAIN BUILDINGS
This Chapter shall come into force on and from the commencement of the Maharashtra Housing an
1986 and shall apply to all the cessed buildings which are erected before the 1St day of September
A under sub-section (1) of section 84.
1[provided that, nothing in this Chapter shall apply to any cessed building belonging to Catego
Maharashtra Housing and Area Development (Second Amendment) Act, 1986, out of the total numb
more occupiers are using the tenements or premises in their possession for commercial or non-reside
Explanation."For the purposes of this section any such building where a floor or any part of a buildi
part is not separable, shall be deemed to be a building belonging to Category A.
ACQUISITION OF CESSED PROPERTY FOR CO-OPERATIVE SOCIETIES OF OCCUPIER

(1) Notwithstanding anything contained in any of the provisions of Chapter VIII or any other law f
contract, judgment, decree or order of any Court or Tribunal to the contrary, a co-operative socie
provisions of the Maharashtra Co-operative Societies Act, 1960, by not less than seventy per cen
written application, request the Board to move the State Government to acquire the land together w
owner of the building does not own the land underneath or appurtenant to such building but holds
holds the building or the land underneath or appurtenant to such building or both under a lease o
such owner or person in or over such building or land or both as lessee or licensee together with t
Chapter referred to as "the land") in the interest of its better preservation or for reconstruction of a
their willingness to pay the amount of such acquisition as may be determined under the provisions
structural and other repairs, or wherever necessary, to reconstruct a new building, as the case may b
1. Proviso was inserted and shall be deemed to have always been inserted by Mah. 12 of 1989, s. 12
2. This portion shall be deemed always to have been inserted, by Mah. 12 of 1989, s. 13(a).
2[
Explanation -In this section the expression "seventy per cent. of the occupiers" means the s
commencement of the Maharashtra Housing and Area Development (Second Amendment) Act, 1986
tenants inducted in place of such occupiers, but does not include the owner or the occupiers inducted
or licences by the owner after the date of commencement of the aforesaid Act.
Explanation 11."For the purposes of this sub-section, any suit or proceeding for recovery of poss
initiated against the occupier in any court or before any authority whether, before or after making
affect the right of such occupier tojoin or to continue as a member of the co-operative society of the
such co-operative society shall be subject to the final decision in such suit or proceeding:
Provided that, if, in the meantime before the final decision in such suit or proceeding, the acquisitio
and the land in conveyed to the co-operative society of the occupiers under sub-section (7), the claim
at any stage where it is pending on the date of execution of such conveyance, shall abate.]

(2) On receipt of the application made under sub-section (1), the Board shall, after due verification
that it is in the interest of better preservation of the building or to be necessary for reconstruction o
society, whether registered or proposed, to deposit with the Board within the period specified by it
amount that would be required to be paid to the owner if the land is acquired and give intimation in t
2. These Explanations shall be deemed always to have been inserted, byMah. Act 12 of 1989, S. 13(b
1[(2A) Where, after the date of application made under sub-section
(a) any owner ha undertaken the work of any repairs to the building; or
(b) the percentage of the occupiers who had initially agreed to become members of the co-operative
to less than seventy per cent, of the occupiers as a result of some members opting out, or due to
created in the building thereafter or due to any other reason whatsoever, then the power of Board to
notwithstanding anything contained in sub-section (1), the Board shall approve the proposal and
approximate amount as required under sub-section (2)].
(3) On receipt of the amount of deposit as provided in sub-section (2), the Board shall submit to the
for the aforesaid purpose.
(4) If on receipt of an acquisition proposal under sub-section (3), the State Government is satisfied
approve the proposal and communicate its approval to the Board.
(5) On receipt of the Government approval, the Board shall forward the acquisition proposal to Land
proceedings in accordance with the provisions of sub-sections (3), (4) and (5) of Section 93 and Sect
Provided that, where any proceedings for acquisition of land are so initiated the notice to be publish
thereof need not contain any statement regarding provision of any alternative accommodation to occ

2[Provided further that, where the proposal involves acquisition of the right or interest of the less
referred to in sub-section (1), then such building or land on its transfer by the Authority to the co-
held by the co-operative society on lease or licence, as the case may be, subject, however, to the fol
1. This portion shall be deemed always to have been inserted, by Mah.12 of 1989, s. 13(c).
2. This portion shall be deemed always to have been inserted, by Mah.l2 of 1989,s. 13(d).
(1);
(i) where there is a subsisting lease or licence, on the same terms and conditions on which the lessee
(ii) where the lease or licence has been determined or where the lessee or licensee has committed b
licence, as the case maybe, on the fresh terms and conditions, particularly in regard to the period of
the owner of the land.]
1[(5A) Where acquisition proceedings have been initiated as provided in sub-section (5) and a no
published, the Collector shall take and hand over possession of the land to the Board in accordance
93.]
(6) After the land is vested absolutely in the Board on behalf of the Authority free from all encumbr
determined, the Board shall require the society to get itself registered if it is not registered till then a
paid to the owner with the Land Acquisition Officer. The Board shall simultaneously pass on the amo
to the Land Acquisition Officer. The Land Acquisition Officer shall thereupon make the payment of t
the court as provided in section 46.

(7) Subject to the provisions of sub-section (6), the Authority shall convey the land acquired unde
occupiers thereof with its right, title and interest therein and execute without undue delay the necess
PROHIBITION ON TRANSFER OF LAND OR BUILDING BY SOCIETY
(l) After the land is transferred to the co-operative society under sub-section (7) of section 103B, th
which it was used before its acquisition by carrying out structural repairs to building thereon or r
building, as the case may be, as provided in this Chapter and for no other purpose.
1. Inserted by Mah. Act. 12 of 1989, section 13(e).
(2) Save as otherwise expressly provided in this Chapter and notwithstanding anything contained
operative society, shall transfer such land or building or interest therein, or no member or tenant of t
in any tenement by sale, gift, exchange, leave and licence, assignment or lease; and any such tra
licence, assignment or lease by the co-operative society of any land vesting in it by or under the prov
or tenant of his interest as aforesaid shall be void.
(3) If the co-operative society contravenes the provisions of sub section (1) or enters into any tran
the society is not functioning, it shall be lawful for the Authority to resume such land and building fro
society of the amount of acquisition which the society has paid for such land and building and upo
other co-operative society of the occupants of the tenements in the transit camp provided by the Aut
was paid by the co-operative society for whom the land was acquired.
(4) (a) Any person who enters into any transaction which is void under sub-section (2) shall
(i) if he is a member of the co-operative society, cease to be such member and be evicted;
(ii) if he is a tenant, then notwithstanding anything contained in the Rent Act, be evicted.
(b) Any person claiming through such member or tenant shall also be liable to be evicted.
(5) The Competent Authority appointed under Section 65 shall be the Competent Authority for the p
section (4) and shall follow the same procedure as prescribed in Section 66 for such eviction a
thereupon the provisions of Chapter VI shall mutatis mutandis apply in respect of orders passed b
orders passed under Chapter VI.
RELAXATION IN REQUIREMENT OF MINIMUM NUMBER OF MEMBERSHIP OF CO-OPE
CHAPTER

Notwithstanding anything contained in the Maharashtra Co-operative Societies Act, 1960, the require
therein for formation of a co-operative society shall not apply to a co-operative society of occupiers fo
NON-MEMBER OCCUPIERS ENTITLED TO CONTINUE IN TENEMENTS OF CO-OPERATI

(l) The occupiers of tenements in the building acquired for the co-operative society who do not b
shall, subject to the provisions of the first proviso, be entitled to continues in their tenements as tena
has been conveyed to the co-operative society on the same terms and conditions on which they were

Provided that, notwithstanding anything contained in the Rent Act, or any other law for the ti
judgement, decree or order of any. Court or Tribunal to the contrary the co operative societies shal
such occupiers and such occupiers shall be liable to share and pay proportionately towards any exp
structural repairs of the buildings or towards the service charges and additional amenities or facilities
Provided further that, if the owner himself is one of the occupiers in the building and he does not
he may, subject to the provisions of the first proviso and sub Sections (2) to (7), continue to occu
standard rent, if any fixed, or where no standard rent is fixed on such other rent and on such other
between the owner and the co-operative society.
(2) Where in a co-operative society the owner referred to in the second proviso to sub-section (1) b
demanded by the co-operative society is excessive, such owner may apply to the court of Small Ca
tenement, but such owner shall, notwithstanding anything contained in the Rent Act, or any other la
the society, the rent demanded by it and on failure of such owner to pay to the society such rent, th
under this sub-section until such owner pays to the society such rent.
Explanation."For the purposes of this sub-section, the expression "standard rent" includes the in
the Rent Act.
(3) Where the Court has fixed the standard rent under sub-section (2) and it finds that the rent d
˜owner is unreasonably excessive the Court may order payment of simple interest at the rate of six
between the standard rent and the rent demanded and received by the co operative society from suc

Explanation."For the purposes of this sub-section where a difference between the standard rent an
is more than twenty-five per cent the rent demanded by the co operative society shall be deemed to

(4) Any amount in excess of the standard rent fixed by the Court under sub-section (2) or standard
the co-operative society shall, at the option of such owner, be adjusted towards the payment of futur
(5) An application under sub-section (2) may be made jointly by all or any of the owners interested
building.
(6) No Court shall upon an application or in any suit or proceeding fix the standard rent of any tenem
that the rent is excessive, if the standard rent in respect of the same tenement has been duly fixed
without any fraud or collusion or an error of the fact, and there has been no structural alteration or c
factors which are relevant to the fixation of the standard rent.
(7) The decision of the Court under sub-section (2) or (3) shall be final and conclusive and shall not b
APPLICATION OF RENT ACT TO BUILDINGS OF CO-OPERATIVE SOCIETY
Save as otherwise expressly provided in this Chapter and notwithstanding anything contained in sect
shall apply to the premises in the land and buildings owned by the co-operative societies formed and
Chapter.
1. These words were substituted by Mah. 25 of 1996
CERTAIN OCCUPIERS TO BE ACCOMMODATED IN TRANSIT CAMPS
The occupiers of any building who have not joined, the co-operative society may, if they so desire bu
Board be accommodated by the Board in tenements in transit camps constructed by the Board on eco
conditions as may be determined by the Board.
APPLICATION OF PROVISIONS OF SECTION
The provisions of Section 100 regarding relaxation or modifications of the provisions of the laws ref
the reconstruction proposal or proposals undertaken by co-operative societies under this Chapter
special order, relax or modify the provisions of such laws in respect of such co-operative societies or
Provided that, in no case where such relaxation or modification is made, the floor space index sha
whichever is higher.
RECONSTRUCTION OF NEW BUILDING BY CO-OPERATIVE SOCIETY
(1) In preparing the plans and estimates of the building to be reconstructed, it shall be the duty
occupiers in the building proposed to be demolished who have joined the co operative society
reconstructed building accommodation with a floor area equivalent to their floor area in the old bu
metres of plinth area to any occupier.

(2) Where the co-operative society proposes to carry out structural repairs to the building and th
vacated, or to reconstruct a building and the building is required to be demolished, the occupiers the
by the co-operative society, shall vacate the tenements in their occupation within the period specified
to so vacate the tenement, the co-operative society may request the Board to take or cause to be ta
the building and on receipt of such request the Board may take or cause to be taken necessary step
may be, vacated and the Board shall exercise in this behalf the powers under clause (a) of section 7
served a notice to vacate the premises in his occupation fails to vacate the same within the period
caused to be used such force as may reasonably, be necessary therefor.
specified in the Third Schedule to this Act of the surplus area in the new building determined on the
index availed of by it while reconstructing the building and the floor space index that had been ut
housing such dishoused occupier from other cessed demolished buildings as may be nominated
nominated occupiers shall be accepted by the co-operative society as its members in accordan
tenements covered by such reserved surplus area to others. If any tenements are rendered surp
building not joining the co-operative society the percentage as is specified in the Third Schedule to
to the Board in the new building for allotment to other dishoused occupiers shall be determined on t
area constructed in the new building and the area to be occupied therein by the participating occupie
be allotted to dishoused occupiers from the other cessed buildings which are demolished and who
them by the co-operative society after receiving from them such amount as may be determined by th
(4) The co-operative society may allocate the area for officer, shops, commercial tenements, or any o
to the extent of the area occupied in the old building for the said purposes.

(5) The list of occupiers in the old buildings as also the area of the tenement therein shall be certifi
co-operative society and the occupiers of the tenements concerned, as may be necessary. The ar
regard to the provisions of the Development Control Rules applicable in the area and after taking
might be permitted by Government for the purpose. The Board shall inform the occupiers about the a
(6) If there is a dispute as to who is the lawful occupier of the tenements in the old building, t
determined by the competent court of law. Allotment of a transit accommodation to a person a
tenement in a new building shall not be deemed to have decided the issue and such allotment shal
the disputing parties.
(7) Any occupier aggrieved by the determination of the area of a tenement may, within thirty days
that behalf, prefer an appeal to an officer specified by the Authority for the purpose. The decis
conclusive and shall not be called in question in any Court.
PROTECTION TO OCCUPIERS OR ALLOTTEES
If the co-operative society unauthorisedly allots to any person any tenement which is to be allotted u
person from the building reconstruction or to a dishoused person from the other cessed demolished b
unauthorised allotment shall, notwithstanding anything contained in any law for the time being in for
Authority shall be competent to evict such unauthorised allottee by taking action under section 66 of
Authority premises and allot such premises to the person to whom they should have been allotted.
BOARD FOR PURPOSES OF THIS CHAPTER
(1) 1[The Mumbai Repairs and Reconstruction Board] established under section 18 of this
carrying out the purposes of this Chapter.
(2) Subject to the superintendence, direction and control of the Authority, the Board shall e
of the duties and functions conferred on it under Chapter VIII as may be necessary for the p
this Chapter
1. These words were substituted by Mah. 25 of 1996.
OVERRIDING EFFECT OF CHAPTER VIII-A
The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith conta
other law for the time being in force or in any agreement, contract, judgment, decree or order of any
POWER TO REMOVE DIFFICULTIES

If any difficulty arises in giving effect to the provisions of this Chapter, during the period of two years
Maharashtra Housing and Area Development (Second Amendment) Act, 1986, the State Government
not inconsistent with such provisions, which appears to it to be necessary or expedient for the purpos
80MARKS
1976
S/2
S/43 to 51
S/52 to 58
S/125 to 129
S/74 to 103
Chapter
VIII A
LAND LAWS
e
i)
ii)
i)
ii)
Development Control Regulations ( Mumbai )
Concept F.S.I (Floor Space Index)
Concept of T.D.R (Transfer of Development Rights)
Concept F.S.I (Floor Space Index)

Floor space index (FSI) means the quotient of the ratio of the combined gross

floor area of all floors, excepting areas specifically exempted under these

Regulations, to the total area of the plot, viz. :-

Total covered area on all floors

Floor Space Index (FSI) = ---------------------------------------

Plot area

video on FSI problem=1)https://www.youtube.com/watch?v=_J77GPIvcMk

2)https://www.youtube.com/watch?v=Nw9w2xhzU1M

What is FSI (Floor Space Index)?

FSI stands for Floor Space Index also known as Floor Area Ratio (FAR).

FSI means the ratio between the area of a covered floor (Built up Area) to the area of that plot (land) on which a building stand

This numeric value indicates the total amount of area (on all floors) you can build upon a pl
How to calculate FSI for building?
FSI regulates by Directorate of Town and Country Planning (DTCP) department.

They will regulate the FSI value based on city zone, type of building and other amenities.Co
companies or builders can only build up to the FSI imposed by the government.

FSI × Plot Area = Built-up Area

What is FSI in construction?

FSI Example Calculation
To explain Floor Space Index (FSI),

Assume you have a land of 2000 sq.ft and you want to construct a building on that land.

First thing, you need to know is what type of building you are planning to construct?
Ordinary Building – Up to 2 floors less than 4 flats/dwelling units,
Special Building – more than 2 floors not exceeding 4 floors,
Multi-storeyed Building – Exceeding 4 floors
There are other types of buildings also exist. (Industrial Building, Group housing etc).
For the sake of this example, we stick to these types.

Based on your building type, find out your zone FSI, which you can find on your state govt’s
website. Generally, different buildings have different FSI regardless of the location. For the
location, FSI can vary for ordinary building and special buildings.
Let say, your zone FSI is 1.5 for special buildings. Now you can build (2000*1.5 ) 3000 Sq.f
area on your land. It can be either 2 floors of 1500 sq.ft or 3 floors of 1000 sq.ft without affe
municipal rules.
Note:-
You have to follow other municipal rules such as,

Minimum plot extent area

Front, back, side and rear setback

OSR and parking space.

What is Premium FSI?

Regardless of zone, location and building type, there are some allowable deviations.

Premium FSI, If you need to extend the allowable Floor Space Index (FSI), you have to pay
premium fee to the govt. To avail this FSI, the abutting road of the land must be at least 30

30 – 40 Feet Road Width – 20 % Premium FSI

40 – 60 Feet Road Width – 30 % Premium FSI

more than 60 Feet Road Width – 40 % Premium FSI

If the land location of the building has 30 – 40 feet abutting roadway, then you can make av
premium FSI of 20% which means you can build 20% more than allowable FSI.

For Example, If you have 1000 Sq.ft Land located near 30 feet road (where normal FSI is 1
you can make avail of the premium FSI 20% by paying the premium fee. So,

Concept of T.D.R (Transfer of Development Rights)

pdflink:1)http://218.248.45.169/download/engineering/TDR-website%2001.pdf

Transferable Development Rights or TDR can be considered as an important raw mate

real estate industry as it allows the developer to build over and above the permiss
Space Index (FSI) under the prevalent rules of the respective locations. On the back o
urbanization and lack of availability of space, TDR assumes a greater importance es
the suburban areas of the cities.
When the Government undertakes compulsory acquisition of individual land parcels fo
infrastructural projects, it is required to compensate the land owners. The com
provided by the Government is usually lower than the market rate, and hence they i
the concept of Transferable Development Rights. These rights are obtained in th
certificates, which the owner can use for himself or can trade in the market for cash.
Based on the stage of development, a city is classified into various zones like fully d
moderately developed and sparsely developed. The Transferable Development R
usually transferred from the fully developed zones to other zones and not vice-
example, in the case of a city like Mumbai, the TDR which is generated in the islan
southern part) will be utilized for development in the suburban areas (i.e. northern
underlying principle of such utilization is also to facilitate development of the under
areas.
TYPES OF TDR
Predominantly, there are four types of TDR that are generated – Road TDR, Reserved
Slum TDR and Heritage TDR. In most of the cities, majority of the construction activ
place with the aid of slum TDR.
TDR MARKET
Just as the stock market, cities like Mumbai do have a huge TDR market in place. As
certificates can be traded in the market for cash, most of the developers purchase
and utilize them for increasing their permissible development rights. TDR trading f
open market principle wherein the pricing is entirely driven by demand, supply and a
and there is no Government control over the same. In most of the cases, an avera
does not get to know about the way TDR is bought, sold or transacted.
CRITICISM TO TDR CONCEPT
On a conceptual level, TDR seemed to be a perfect urban development tool as it faci
development of suburban locations. However, developers used it as a tool to max
saleable area in a few prime locations. This excessive construction has resulted in con
the suburbs, haphazard and unplanned development, and intense pressure on infrastr
move severely criticized by the planners and environmentalists.
Another criticism to the concept is that it has lead to an increase in the real estate pri
the TDR acquisition cost is loaded onto the project cost, the developers increase
pricing of the project. In order to curb this, the Government should have some mec
keep a check on the quantum of TDR available in the market and the trading price.

Legality of TDR
TDR was first introduced by the government of Karnataka in 2005. The government amended the Karnataka Town and Country
(KTCP) Act of 1961 and included a new section, section 14B. The new section was inserted to empower the local planning to a
Floor Area Ratio (FAR) for specific land in exchange for land that is needed for developing civic amenities such as creating new
widening existing roads, developing parks, schools, playgrounds and gardens. TDR cannot be granted for past developments. I
only for prospective developments. A land owner who has been awarded TDR can either use it himself or transfer the rights to a
person.

How to calculate TDR?

The method of calculating TDR varies with the total area of the land and the total area surrendered by the land owner. Generall
awarded will be 1.5 times more than the property surrendered. For example, if the total area of a plot is 500 sq.m and the land o
surrenders 100 sq.m, he will receive TDR for additional floor area of about 150 sq.m. However, this calculation may vary for eac
on local regulations, intensity of development and zoning.

source:http://www.indiarealestateforums.com/news-feed-blogs/26-bangalore/436-transfer-of-development-rights-tdr

YOU TUBE VIDEO ON tdr LINK:1)https://www.youtube.com/watch?v=a0kKVKzbiY4

2)https://www.youtube.com/watch?v=w4Se45Lz9ME
1991