To convert agricultural land to non-agricultural land in Maharashtra

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Permission from the district collector is required: Under section 44 of the Maharashtra Land Revenue ode 1966, before carrying out any development on the land, an eligible person has to apply to the collector for:

  • Permission to convert the use of agricultural land for any non-agricultural purpose
  • To change the use of land from one non-agricultural purpose to another non-agricultural purpose

List of authorities with important roles in Development Control

  1. Town Planning Department
  2. Health Department
  3. The Mumbai Village Panchayat Act, 1958
  4. Laws Related to Development Along Roads
  5. Mumbai Highways Act, 1955
  6. National Highway Act 1956
  7. Environment (Protection) Act, 1986
  8. Indian Forest Act, 1927
  9. Forest Conservation Act, 1980
  10. Maharashtra Acquisition of Private Forests Act, 1975
  11. Minor Mineral (Extraction) Act, 1955 and Explosives Act, 1984

Few conditions are as follows:

  1. The grant of permission shall be subject to the provisions of the Code and Rules made therein.
  2. The land shall not be used for a purpose other than that for which permission is granted;
  3. The applicant should commence the non-agricultural use within one year from the date of order, made by the Collector. Failure to do so, the permission granted shall be deemed to have lapsed, unless the Collector extends the said period from time to time.
  4. The applicant shall be liable to pay such altered assessment as may be determined with reference to the altered use under Section 110, or as the case may be, Section 114
     

If the permission is for building site, then in addition to the above,

a) The applicant shall level and clear the land sufficiently to render it suitable for the non agricultural purpose for which the permission is granted

 

b) The applicant shall not use the land and the building erected thereon for any purpose other than the purpose for which the permission is granted. Under a circumstance, where the applicant wants to use the land for any other purpose, he will have to obtain the permission of the Collector under the provision of the code and the rules made therein.

 

c) Applicant shall not divide the plot or subplot without prior permission of collector

 

Plan annex to the application is sanctioned under the conditions given below:

  • Demarcation is to be done as per provisional sanctioned lay out and should get surveyed through Taluka Inspector, Land Record for obtaining final permission. Permission for building shall be granted only after the completion of this procedure.
  • It is responsibility of the applicant to maintain the width of the road as per the sanctioned lay out. Also he shall construct a road along with drainage system, suitable for vehicular traffic
  • Applicant shall attach the sanctioned layout plan while applying for building permission.
  • d) Applicant shall plant trees on both sides of the road and it will be his responsibility to ensure the sustainability of this plantation.
     

e) It mandatory for the applicant to provide road entry to the adjacent land’s proposed layout.

 

f) If the provision for supply of drinking water system does not exist in the area, then it is the responsibility of the applicant to make the necessary arrangement.

g) If the permission is given under ‘Gaothan Extension Scheme’, then the sale of plot is restricted to local people only.

 

h) It is mandatory for the applicant to not impede the natural ways of water or he will have to provide alternate arrangements.

 

i) Applicant shall not sell plot prior to obtain final permission.

 

j) Applicant shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced, within thirty days from such date. If the applicant fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition 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.

 

k) Applicant shall pay fee for survey within one month from the date of NA use. Also he shall fixed compound to outer boundary of the scheme.

 

l) Applicant shall execute sanad in prescribed form within one month from the date of NA use.

 

m) Applicant shall erect building within three years from the date of grant of sanad. If applicant fails erect building within stipulated period, the collector may extend the period in his discretion. Also he shall liable for fine.

 

n) On event of violation of any terms or conditions imposed while granting permission, the permission shall be cancelled. Also applicant shall be liable for fine.

 

o) The above terms and conditions are binding on both applicant and holder of the plot.

Collector may refuse permission for conversion of land

Depending on the location, the collector may require to consult some of the authorities mentioned above. After receiving opinions from them if collector feels that N.A. permission asked for is in contradictory to the laws, rules, regulations and policies which aided the development control efforts, he may reject the application with stating the reasons in writing.

 

Collector is required to inform his decision within the ninety days from the date of acknowledgement of the application. If the application is not acknowledged, the permission applied for shall be deemed to have been granted, but subject to N.A. permission asked for is not in contradictory to the laws, rules, regulations and policies which aided the development control efforts.

Date on which NA use started is required to inform the Tahsildar

The person to whom permission is granted or deemed to have been granted under this section shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced, within thirty days from such date. The person has to pay N.A. taxes from the date on which NA use begins.

 

If the person fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition 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.

Grant of Sanad

Where land is permitted to be used for non-agricultural purpose, a Sanad shall be granted to the holder thereof in the form in Schedule IV if the land is situated outside the jurisdiction of the Planning Authority, and in the form in Schedule V if the land is situated within the jurisdiction of the Planning Authority.

 

Courtesy: Lands of Maharashtra

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