Maharashtra Land Revenue code Flashcards
what is a building acc to MLRC
Building - means any structure, not being a farm building.
* Farm Building
* Means a structure erected on land assessed or held for
the purpose of agriculture for all or any of the following
* For the storage of agricultural implements,
manure or fodder
* For the storge of agricultural produce
* For sheltering cattle
* For residence of members of the family, servants
or tenants of the holder
* For any other purpose which is an integral part of
his cultivating arrangement
explain holder and superior holder
Holder of Land - means to be lawfully in possession of land.
* Occupant - means a holder in actual possession
uperior holder - means a land-holder entitled to receive rent or
revenue from other land-holders - called “inferior holders” –
* Provided - where land has been granted free of rent or revenue - subject to the right of resumption - in certain specified contingencies - by a holder of the land - whose name is authorisedly entered as such in the land records - such holder shall, with reference to the grantee, be deemed to be the superior holder of land - and the grantee shall - be deemed to be the inferior holder of such land.
Section 41 –
related to use of land- hlder of land for agri purpose is entitled to erect farm building or wells or tanks etc improvements that assist in cultivation- but these are not entitlements they must take permission from collector before erecting such a building and collector can also grant permission with restrictions on “plinth” which is the perimeter or the height etc of building.
if there is any construction done without this permission then it will be deemed done for non agri purposes and then it is liable to penalities
permission for non agri use
Section 42 - Permission for non-agricultural use
* No land used for agriculture shall be used for any non agricultural purposes EXCEPT with permission of the collector-
Relaxations for non-urban areas: There are provisions for certain types of non-agricultural use (like residential, micro-enterprises) without explicit permission in non-urban areas. Such permission not necessary – Just inform the
Tahasildar – 30 days -
1* Personal – bonafide – residential purposes – non urban areas.
2* Use of micro enterprises - Micro, Small and
Medium Enterprises Development Act, 2006
3* Small commercial use like shop, flour mill,
grocery shop or chilli grinding machine, operated
in such premises in use for the personal bonafide
residential purpose - non-urban area - occupying
the area not exceeding forty square meters.
4* Use of land for any micro, small and medium
food processing industrial units shall be deemed
to be the use of land for agricultural purpose –
Discuss.
section 43 -restriction on use
collector may regulate the use of land if it may materially effect the agricultural land- and they can evict any person who uses or attempts to use the land for any such prohibited purpose
Section 44 – Procedure for conversion for use of land
if a land which was assessed for agri use is now to be used for non agri purpose=
application to be made to collector - collector must acknowledge the application within 7 days. he may return the application if it s not in correct form. after adequate inquiry may either grant permsission with conditions imposed to secure public health safety etc.
If the Collector fails to inform the applicant of his decision
1* Within 90 days from the date of acknowledgement of the application, or
2* If application is not acknowledged – 90 days from the date of receipt of the application
3* Temporary change of uses - within fifteen days from the date of receipt of application
4In the application was returned by the Collector - then within 90 days / 15 days - from the date on which it is again presented duly complied with –
then the permission will be DEEMED to have been granted
Section 45
Penalty for so using land without permission:
To pay non-agricultural assessment on the land leviable with reference to the altered use
they may also be ordered to:
1. restore land to original use or observe the conditions on which permission is granted for that use
2. they may be given a notice to remove any structure or such excavation etc so that original purpose may be reverted to
3. In case of failure to comply – impose a penalty – per day of continuance – Collector may himself do it – costs to be recovered.
SECTION 46- if the TENANT is using the land wrongfully then they are responsible to the holder in damages
Section 47 – Power of State Government to exempt lands from
provisions.
Nothing in Section 41, 42, 44, 45 or 46 shall prevent –
* The SG 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 - and
* 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 SG.
Ganesh Ginning & Pressing Co. Ltd. V. State of Maharashtra
owned a piece of land that was initially zoned for industrial use.
However, the local authorities later changed the zoning to residential. The petitioner sought permission to convert the land use back to industrial but faced delays in the approval process.
Timely Decision:
The court held that the state had a duty to decide on the land use conversion application within a **reasonable time frame under section 44. **The delay in granting or denying permission was deemed unreasonable.
Presumption of Grant: In the absence of a clear decision within the specified time, the court ruled that there would be a presumption that the permission for land use conversion had been granted. objections which are not germane to the enquiry cannot be taken into consideration and
though such objections are raised, obligation to decide the application within 90 days cannot be by-passed
THUS The permission for conversion of use of land will be
deemed to have been granted
Satish Sabharwal and Others v. State of Maharashtra
company was granted permission from local panchayat to construct a saughterhouse near a village, wherein the proper procedure was followed.
but due to the activity of the slaughterhouse, nearby water sources were being polluted and even though they had obtained the required permissions to discharge effluents from the slaughterhouse into the river, the villagers raised a contention against the slaughterhouse- Under section 257 of MLRC the The State Government and any revenue or survey officer, not inferior in rank to an Assistant or Deputy Collector may call for and examine records of any inquiry or the proceedings of any subordinate revenue or survey officer, for the purpose of satisfying itself or himself, as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer.
If deemed necessary the govt may call for 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.
here, the permission granted was reversed even though the abbatoir was constructed, and the though the judges felt the govt had not acted diligently, they still allowed the reversal fo the permission due to public interest
Section 48 -
Government Title to Mines= The right to all minerals – at whatever place found - shall vest in the State Government – which will
shall have all powers necessary for the proper enjoyment of such rights.
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 - etc is given
Proviso - 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.
If – in doing so - the rights of any persons are infringed - the SG or 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 – if not accepted by a civil court - Land
Acquisition Act.
* 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.
Any person who without lawful authority extracts, removes or disposes of
any minerals - the right to which vests in, and has not been assigned by the
State Government - without prejudice to any other mode of action - be
liable - to pay penalty of an amount – up to five times the market value of
the minerals – seizure / confiscation of minerals / machinery and equipment
If in scheduled areas – before granting prospecting / mining license / etc GRAM SABHA APPROVAL MANDATORY
Case Law - Promoters and Builders Association of Pune v. State of Maharashtra and
the Rashtriya Chemicals and Fertilizers Limited Vs. State of Maharashtra
builders got permission to construct a resedential society and they began excavating for the foundation of the land building
they then got a notice from th egovernemnt stating that they were “extracting a minor mineral” which was deadass just normal soil. and it was classified as minor mineral per a govt notification. now if looking at the letter of law ONLY, yes this is prohibited extraction but the purpose of the excavation that has to be seen. A blanket determination of liability merely because ordinary earth was dug up, therefore, would not be justified; so we must see the end use of the excavated earth
in a similar case: tthe Rashtriya Chemicals and Fertilizers Limited Vs. State of Maharashtra. if we look at it from the perspective of digging up the land ONLY then every piercing of land with a pick up axe would require sanction from authorities. and it would result in patently absurd results.
Subsequently - Minor Mineral Extraction rules were amended vide notification discussing that royalty is not payable for excavation of earth while developing a plot of land if the earth is used for development for the same plot
Section 50
Removal of Encroachment on Government Lands
in event of any enroachment on a land vested in the state govt is used for the purpose of hawking or selling without sanction of the competent authority- the collector may lawfully remove any such enroachment or the articles exposed for sale,
person enroaching shall pay the assessment and fine 1k or higher if its agricultural. if non agricultutre= 2k or higher
such order of collector is subject to appeal
Babamiya s/o Ahmed Shah v. Tahasildar Beed
in this case a man had a flower shop on land supervised by the government and was told that as he was to pay fine and leave as he was enroaching.
but section 50 only applies to land VESTED in state govt, not lands that are supervised by govt. so the enroachment cannot be removed.
section 50 mlrc
Section 51
Regularization of encroachments
if th eperson enroaching desires the collector does have the authority to grant the land to the enroacher with terms and conditions and enter the land records in name of the person.
- By charging the said person a sum not exceeding – 5 times or such higher amount as may be prescribed – of the value of the land
- By fixing an assessment not exceeding – 5 times or such higher amount as may be prescribed – of the ordinary annual land revenue
collector must give public notice of his intention to do so
