Land Laws Chap 6 TRCL 2021

LAND LAWS
SEM. VIII: IV Y.B.L.S./LL.B. & SEM. IV: S.Y.LL.B.

THAKUR RAMNARAYAN COLLEGE OF LAW
ASST. RPOF. SHAHIZA IRANI
Copyright © 2021 Thakur Ramnarayan College of Law (TRCL). All Rights Reserved
MAHARASHTRA REGIONAL AND
TOWN PLANNING ACT, 1966
(MR&TP ACT)
UNCHECKED DEVELOPMENT
DESTRUCTION OF ENVIRONMENT + NATURAL HABITAT + HERITAGE
INDUSTRIALISATION & EFFECT ON COMMON MEN
SCARCITY OF RESOURCES
WELL BALANCED
TOWN PLANNING & IMPORTANCE:
GROWTH & DEVELOPMENT & RESIDENCE + FACILITIES/ AMENITIES FOR

BENEFITS AMONGST ALL TRANSPORTATION + LIVING
(PUBLIC WELFARE) INDUSTRY
NATURAL RESOURCES & Essential and Equally distributed HISTORICAL HERITAGE
ENVIRONMENT PRESERVATION with resources and unequally in CONSERVATION
terms of priorities and which not
affect human and ecology
REGULATE LAND ACQUISITION MIXED LAND USE LAND HAS TO BE USED +
FOR TOWN PLANNING + MEETS SOCIAL, ECONOMIC &
UNCONTROLLED RECREATIONAL NEEDS
DEVELOPMENT
MR&TP ACT, 1966: AIMS & OBJECTIVES
• PLANNED DEVELOPMENT AND USE OF LAND IN REGIONS

• CONSTITUTION OF REGIONAL PLANNING BOARDS
• DEVELOPMENT PLANS WHICH ARE SUSTAINABLE AND EFFECTIVE
EXECUTION
• CREATION OF NEW TOWN
• COMPULSORY ACQUISITION OF LAND REQUIRED FOR PUBLIC
PURPOSES
• ANCILLARY MATTERS
MRTP ACT 1966: KEY DEFINITIONS
# WORD SECTION DEFINITION
1 AGRICULTURE S.2(1) 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
2 APPROPRIATE S.2(3) PUBLIC AUTHORITY ON WHOSE BEHALF LAND IS DESIGNATED FOR A PUBLIC PURPOSE IN ANY PLAN OR
AUTHORITY SCHEME AND WHICH IT IS AUTHORISED TO ACQUIRE
3 DEVELOPMENT S.2(7) 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 OR ANY MATERIAL OR STRUCTURAL CHANGE IN ANY HERITAGE BUILDING OR ITS PRECINCT AND
INCLUDES DEMOLITION OF ANY EXISTING BUILDING, STRUCTURE OR ERECTION OR PART OF SUCH BUILDING,
STRUCTURE OF ERECTION; AND RECLAMATION, REDEVELOPMENT AND LAY-OUT AND SUB-DIVISION OF ANY
LAND
4 DEVELOPMENT S.2(8) NEW TOWN DEVELOPMENT AUTHORITY 1[CONSTITUTED OR DECLARED UNDER SECTION 113
AUTHORITY
5 DEVELOPMENT PLAN S.2(9) PLAN FOR THE DEVELOPMENT OR RE-DEVELOPMENT OF THE AREA WITHIN THE JURISDICTION OF A PLANNING
AUTHORITY AND INCLUDES REVISION OF A DEVELOPMENT PLAN AND PROPOSALS OF A SPECIAL PLANNING
AUTHORITY FOR DEVELOPMENT OF LAND WITHIN ITS JURISDICTIONS
MRTP ACT 1966: KEY DEFINITIONS
# WORD SECTION DEFINITION
6 DEVELOPMENT RIGHT S.2(9A) 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
7 ENGINEERING S.2(11) ROAD, BRIDGE, ANY OTHER MEANS OF COMMUNICATION, TRANSPORT, SUPPLY OF WATER AND ELECTRICITY,
OPERATIONS ANY OTHER SOURCE OF ENERGY, STREET LIGHTING, DRAINAGE, SEWERAGE, EDUCATIONAL AND WELFARE
PROJECTS, MARKETS AND CONSERVANCY, AND ANY CONVENIENCE WHICH THE STATE GOVERNMENT MAY,
IN CONSULTATION WITH THE AUTHORITY, FROM TIME TO TIME BY NOTIFICATION IN THE OFFICIAL GAZETTE,
SPECIFY TO BE AN AMENITY REQUIRED FOR LEADING A WHOLESOME CIVIC LIFE FOR THE PURPOSES OF THIS
ACT
8 HERITAGE BUILDING S.2(13B) BOARD ESTABLISHED UNDER SECTION 18 (NAMELY, MUMBAI HOUSING & AREA DEVELOPMENT BOARD,
NAGPUR HOUSING & AREA DEVELOPMENT BOARD, AURANGABAD HOUSING & AREA DEVELOPMENT BOARD,
PUNE HOUSING & AREA DEVELOPMENT BOARD & KONKAN HOUSING & AREA DEVELOPMENT BOARD
9 HERITAGE PRECINCT S.2(13C) MEANS A TAX ON LANDS AND BUILDINGS LEVIED OR LEVIABLE UNDER CHAPTER VIII OF THIS ACT
10 LAND S.2(14) CARRYING OUT OF BUILDING, ENGINEERING, MINING OR OTHER OPERATIONS IN, OR OVER, OR UNDER, ANY
LAND (INCLUDING LAND UNDER SEA, CREEK, RIVER, LAKE OR ANY OTHER WATER) OR THE MAKING OF ANY
MATERIAL CHANGE IN ANY BUILDING OR LAND, AND INCLUDES REDEVELOPMENT AND LAYOUT AND SUB-
DIVISION OF ANY LAND, AND ALSO THE PROVISION OF AMENITIES AND “ TO DEVELOP ” SHALL BE
CONSTRUED ACCORDINGLY
MR&TP 1966
REGIONAL PLAN DEVELOPMENT TOWN PLANNING

(RP) PLAN (DP) SCHEME (TPS)
• RESERVATION OF AREAS FOR • DEVELOPMENT CONTROL • OWNERSHIP & TENURE OF
OPEN SPACES, RECREATION REGULATIONS LAND HOLDINGS
• ALLOCATION OF LAND FOR • RESERVATION OF AREAS FOR • DETAILS OF RESERVATION &
DIFFERENT PURPOSES OPEN SCPACES & ACQUISITION OF LAND
• PUBLIC UTILITIES & AMENITIES, RECREATION • ALLOTMENT OF FINAL PLOTS
WATER & DRAINAGE, FLOOD TO OWNERS
CONTROL
• PRESERVATION OF
ENVIRONMENT & HERITAGE
CONTROL OF DEVELOPMENT & USE OF LAND
• S.43: RESTRICTIONS ON THE USE OF LAND AFTER OR CARRYING OUT DEVELOPMENT OF ANY LAND WITHOUT
APPROVAL OF PLANNING AUTHORITY –
• NO APPROVAL IS NEEDED IN FOLLOWING CASES
 FOR CARRYING OUT MAINTENANCE WORKS
 CARRYING OUT WORKS IN ACCORDANCE WITH ORDER OF AN AUTHORITY
 CARRYING OUT GOVERNMENT WORKS
 EXCAVATION MADE IN ORDINARY COURSE OF AGRICULTURE
 CONSTRUCTION OF ROAD TO GIVE ACCESS FOR AGRICULTURAL PURPOSE
 PURPOSE INCIDENTAL AND REQUIRED FOR HUMAN HABITATION
• S.44: APPLICATION FOR CARRYING OUT DEVELOPMENT WORK TO THE PLANNING AUTHORITY
• NO SUCH PERMISSION REQUIRED FOR DEMOLITION WORK TO BE CARRIED IN ACCORDANCE WITH
APPLICABLE LAW
• FOR SETTING UP SPECIAL TOWNSHIP PROJECT, APPLICATION TO BE MADE TO THE S.G.
• S.45: PERMISSION TO BE GRANTED OR REJECTED
• COMMENCEMENT CERTIFICATE
• IF PLANNING AUTHORITY DOES NOT COMMUNICATE PERMISSION WITHIN 60 DAYS, PERMISSION
TO BE DEEMED TO BE GRANTED
• S.46: CONTENTS OF DEVELOPMENT PLAN TO BE CONSIDERED PRIOR TO GRANTING PERMISSION
• S.47: AGGRIEVED PARTY TO PREFER AN APPEAL WITHIN 40 DAYS

• S.48: PERMISSION GRANTED TO LAPSE WITHIN 1 YEAR UNLESS EXTENDED FOR UP TO 3 YEARS
• S.49: OBLIGATION TO ACQUIRE LAND ON REFUSAL OF PERMISSION OR GRANT OF
PERMISSION
• S.50: SANCTION DELETION OF RESERVATION OF DESIGNATED LAND
• S.51: POWER OF REVOCATION AND MODIFICATION OF PERMISSION OF DEVELOPMENT
• S.52: PENALTY FOR CONTRAVENTION OF PROVISIONS OF SEEKING APPLICATION AND
CARRYING OUT DEVELOPMENT
UNAUTHORISED DEVELOPMENT
• (A) PERMISSION HAS NOT BEEN TAKEN – DEVELOPING

• (B) PERMISSION GRANTED BUT I AM NOT COMPLAYING WITH THE PERMISSION – BREACH
• (C) AFTER THE PERMISSION WAS GRANTED – P.A. HAVE REVOKED THE PERMISSION – I
CONTINUE TO DO THE DEVELOPMENT –
• (D) IF A PERMISSION WAS GRANTED – P.A. HAS MODIFIED THE PERMISSION – I AM NOT
ADHERING TO THAT MODIFICATION
UNAUTHORISED DEVELOPMENT
• S.53: POWER TO REQUIRE REMOVAL OF UNAUTHORISED DEVELOPMENT

• NOTICE ON OWNER TO RESTORE LAND TO ERSTWHILE USE/ POSITION OR STOP THE USE OF LAND
• S.54: POWER TO STOP UNAUTHORISED DEVELOPMENT
• IF UNAUTHORIZED DEVELOPMENT HAS COMMENCED BUT NOT BEEN COMPLETED
• S.55: REMOVAL OF UNAUTHORISED DEVELOPMENT OF TEMPORARY NATURE
• S.56: POWER TO REQUIRE REMOVAL OF UNAUTHORISED DEVELOPMENT
• S.56A: PUNISHMENT FOR FAILURE TO TAKE ACTION AGAINST UNAUTHORIZED DEVELOPMENT
• S.57: RECOVERY OF EXPENSES
• S.58: DEVELOPMENT ON BEHALF OF GOVERNMENT
LAND ACQUISITION UNDER MR&TP ACT
• S.125: COMPULSORY ACQUISITION OF LAND FOR PURPOSES OF REGIONAL PLAN,

DEVELOPMENT PLAN OR TOWN PLANNING SCHEME
• S.126: ACQUISITION OF LAND FOR PURPOSES SPECIFIED IN THE PLAN
• S.127: LAPSING OF RESERVATION
• S.128: ACQUISITION OF LAND FOR PURPOSE OTHER THAN THAT SPECIFIED IN THE PLAN
• S.129: POSSESSION OF LAND IN CASE OF URGENCY – 2/3RD – PRIVATE NEGOTIATION
MAHARASHTRA LAND REVENUE
CODE, 1966
(MLR CODE, 1966)
OBJECTS & REASONS
• BOMBAY CITY LAND REVENUE ACT, 1876 & BOMBAY CITY SURVEY ACT, 1915
• BOMBAY LAND REVENUE CODE, 1879
• HYDERABAD LAND REVENUE ACT AND HYDERABAD RECORD OF RIGHTS IN LAND REGULATION
ACT
• MADHYA PRADESH LAND REVENUE CODE, 1954 & C.P. LAND ALIENATION ACT, 1916
• BOMBAY REVENUE TRIBUNAL ACT, 1957
• “AN ACT TO UNIFY AND AMEND THE LAW RELATING TO LAND AND LAND REVENUE IN THE
STATE OF MAHARASHTRA”
OBJECTS & REASONS
• LAND RELATIONS I.E. HOLDER OF THE LAND AND THE ACTUAL TILLER IS A CRUCIAL ASPECT
• REVENUE SYSTEM IS BASED ON TYPE OF PRODUCTION IN AGRICULTURE AND THE REVENUE
THEREFROM
• FEUDAL KINGS ADOPTED VARIOUS PRACTICES FOR COLLECTING STATE SHARE FROM CROP
YIELD
• SYSTEM SLOWLY GAVE RISE TO JAHAGIRDARI SYSTEM
• SYSTEM EVENTUALLY ABOLISHED AND PEASANTS HAD TO PAY TO STATE DIRECTLY
USE OF LAND
• S.41 ONWARDS DEAL WITH USES TO WHICH AGRICULTURAL LAND MAY BE PUT, RESTRICTIONS
THEREON & PROCEDURE FOR CONVERSION OF USE OF LAND
• S.41 ALLOWS HOLDER OF AGRICULTURAL LAND CERTAIN RIGHTS FOR AGRICULTURAL PURPOSES
• RIGHT TO ERECT FARM BUILDING, CONSTRUCT WELLS OR TANKS OR MAKE OTHER IMPROVEMENTS
FOR BETTER CULTIVATION
• HOWEVER PERMISSION OF THE COLLECTOR TO BE TAKEN PRIOR TO DOING THE ABOVE IN CERTAIN
CASES
• ANYTHING DONE IN CONTRAVENTION OF S.41 TO BE DEEMED AS LAND USED FOR N.A PURPOSE
USE OF LAND
• S.42 IMPOSES CONDITIONS FOR PERMISSION FOR NA USE

• NO LAND USED FOR AGRICULTURE TO BE USED FOR NA PURPOSE
• NO LAND WHICH IS ASSESSED FOR ONE NA PURPOSE TO BE USED FOR ANOTHER NA PURPOSE
• WITHOUT THE PERMISSION OF THE COLLECTOR
• NO SUCH PERMISSION REQUIRED WHERE AGRICULTURAL LAND IS TO BE CONVERTED FOR
PERSONAL BONAFIDE RESIDENTIAL PURPOSE IN NON URBAN AREAS OR FOR MICRO ENTERPRISES
OR FOR SMALL SHOPS
• INTIMATION TO BE GIVEN TO THE TAHSILDAR AND COLLECTOR WITHIN 30 DAYS FROM DATE OF
CHANGE IN USE
USE OF LAND
• S.43: RESTRICTIONS ON USE

• S.44: PROCEDURE FOR CONVERSION OF LAND FROM AGRICULTURE TO NA PURPOSE OR FROM
1 NA PURPOSE TO ANOTHER
• S.44A: NO PERMISSION REQUIRED FOR BONAFIDE INDUSTRIAL USE OF THE LAND SUBJECT TO
PROVISIONS OF LAWS IN FORCE
• S.45: PENALTY FOR USING LAND WITHOUT PERMISSION
• S.48: RIGHT TO MINES/ MINERALS STATE GOVT. – DEVELOPMENT
• S.49: LAND – WATER – IRRIGATE – NEIGHBOURING HOLDER – PRIVATE AGREEMENT WHICH IS
MUTUAL
REMOVAL & REGULARIZATION OF
ENCROACHMENTS
• S.50: REMOVAL OF ENCROACHMENTS ON LAND VESTING IN STATE GOVERNMENT,
PROVISIONS FOR PENALTY AND OTHER INCIDENTAL MATTERS
• S.51: REGULARIZATION OF ENCROACHMENTS
• S.52: MANNER IN WHICH VALUE OF LAND IS TO BE DETERMINED
• S.53: SUMMARY EVICTION OF UNAUTHORIZED OCCUPIERS OF GOVERNMENT LAND
• S.54: FORFEITURE & REMOVAL OF PROPERTY LEFT OVER AFTER SUMMARY EVICTION
GRANT OF SANAD
• AUTHORITY IN WRITING FROM THE STATE EMPOWERING A PERSON TO HOLD LAND FOR A
SPECIFIED TENURE AS RECORDED THEREUNDER
• S.126: SURVEY OF LANDS TO BE CONDUCTED
• S.127: IN CERTAIN CASES SURVEY FEE TO BE CHARGED
• S.128: MAPS OF VILLAGE SITE
• S.129: SANAD TO BE GRANTED WITHOUT EXTRA CHARGE
• S.130: GRANT OF SANAD ON ALTERATION OF BUILDING
• S.131: DUPLICATE SANAD MAY BE GRANTED
RECORD OF RIGHTS
• S.148: RECORD OF RIGHTS

• S.148A: MAINTENANCE OF RECORD OF RIGHTS BY USING SUITABLE STORAGE DEVICE
• S.149: ACQUISITION OF RIGHTS TO BE REPORTED
• S.150: REGISTER OF MUTATIONS AND REGISTERS OF DISPUTED CASES
• S.151: OBLIGATION TO FURNISH INFORMATION, ETC.
• S.152: FINE FOR NEGLECT TO AFFORD INFORMATION
• S.153: REQUISITION OF ASSISTANCE FOR PREPARING MAPS
• S.155: CORRECTION OF CLERICAL ERRORS
• S.156: LAND RECORDS
• S.157: PRESUMPTION OF CORRECTNESS OF ENTRIES IN RECORD OF RIGHTS
• S.158: BAR OF SUITS
RIGHTS IN UNOCCUPIED LAND
• NISTAR PATRAK: S.161

• SCHEME OF MANAGEMENT OF ALL UNOCCUPIED LANDS IN A VILLAGE AND ALL MATTERS
INCIDENTAL THERETO
• DRAFT NISTAR PATRAK TO BE PUBLISHED IN THE VILLAGE AND AFTER ASCERTAINING THE WISHES OF
THE RESIDENTS OF VILLAGE IN MANNER DETERMINED BY COLLECTOR, IT IS TO BE FINALIZED
• MODIFICATION OF ENTRIES IN THE NISTAR PATRAK AFTER APPLICATION OF NOT LESS THAN 1/4TH
OF ADULT RESIDENTS OF A VILLAGE
• S.162: MATTER TO BE CONSIDERED
• S.163: PROVISION IN NISTAR PATRAK FOR CERTAIN MATTERS
RIGHTS IN UNOCCUPIED LAND
• WAJIB UL ARZ: S.165

• NECESSITY TO BE REPRESENTED
• ASCERTAIN AND RECORD THE CUSTOMS OF EVERY VILLAGE WITH REGARD TO RIGHT TO IRRIGATION OR RIGHT
OF WAY OR OTHER EASEMENT AND RIGHT TO FISHING
• IN ANY LAND OR WATER, BELONGING TO OR CONTROLLED BY STATE GOVERNMENT OR LOCAL AUTHORITY
• PERSON AGGRIEVED BY ENTRY CAN WITHIN 1 YEAR FROM ITS PUBLICATION INSTITUTE A CIVIL SUIT TO HAVE
PARTICULAR ENTRY CANCELLED OR MODIFIED
• RECORD SO PREPARED BY COLLECTOR TO BE FINAL AND CONCLUSIVE – SUBJECTED TO THE ORDER IN THE CIVIL
SUIT: S.165
• MODIFICATION OF ENTRY OR INSERTION OF NEW ENTRY ALLOWED IN CERTAIN CASES
APPEALS, REVISION AND REVIEW
• APPEAL LIES FROM DECISION/ ORDER BY A REVENUE/ SURVEY OFFICER TO THE APPELLATE
AUTHORITY AS PER SCHEDULE E
• PREFER AN APPEAL AGAINST THE ORDER OF THE SUB DIVISIONAL OFFICER – COLLECTOR
• COMMISSIONER – STATE GOVERNMENT
• TIME LIMITATION – 60 DAYS + 90 DAYS FROM DATE WHEN ORDER IS RECEIVED
• ADMIT THE APPEAL / REJECT THE APPEAL
• SCRUTINISING – DATE OF THE HEARING – CONFIRM ANNUL MODIFY REVERSE THE ORDER
• “REVIEW” – NEW AND IMPORTANT EVIDENCE HAS BEEN DISCOVERED, MISTAKE/ ERROR
APPARENT ON THE FACE OF THE RECORD + ANY OTHER SUFFICIENT REASON
SPECIAL PROVISIONS FOR LAND REVENUE IN
BOMBAY CITY
• CHAP. XIV OF MLRC DEALS WITH BOMBAY CITY
• EMPOWERS COLLECTOR TO FIX AND LEVY ASSESSMENT FOR LAND REVENUE SYSTEMS IN
BOMBAY
• EMPOWERS COLLECTOR TO FIX THE STANDARD RATE OF ASSESSMENT WHICH REMAIN IN
FORCE FOR 10 YEARS AND REVISED THEREAFTER
• AGGRIEVED PERSON MAY PREFER APPEAL TO THE STATE COMMISSIONER
• EMPOWERS COLLECTOR TO SEND NOTICE FOR PAYMENT OF REVENUE
• IN CASE OF FAILURE, DEMAND NOTICE TO BE SENT FAILING WHICH ACTION MAY BE TAKEN
• BOMBAY CITY SURVEY AND BOUNDARY MARKS
MAHARASHTRA TENANCY AND
AGRICULTURAL LANDS ACT, 1948
(MTALA, 1948)
MTALA, 1948: OBJECTS
• NEGLECT OF AGRICULTURAL LANDS BY LANDHOLDERS

• DISPUTES BETWEEN OWNERS AND TENANTS
• AGRICULTURAL LANDS AND CULTIVATION THEREOF SUFFERED
• ENSURING FULL AND EFFICIENT USE OF LANDS
• REGULATE AND IMPOSE RESTRICTIONS ON TRANSFER OF AGRICULTURAL LANDS, HOUSES AND
LANDS APPURTENANT THERETO BELONGING TO AGRICULTURISTS
• TRANSFERRING THE LAND TO THE TILLERS OF THE SOIL
KEY DEFINITIONS
TERM DEFINITION
AGRICULTURE horticulture, the raising of crops, grass or garden produce, 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
ALLIED PURSUITS dairy farming, poultry farming, breeding of livestock, grazing (other than the pasturage of one’s own
agricultural cattle) and such other pursuits as may be prescribed
AGRICULTURAL LABOURER person whose principal means of livelihood is manual labour on land
AGRICULTURIST person who cultivates land personally
TO CULTIVATE 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
TO CULTIVATE PERSONALLY 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
WIDOW
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
KEY DEFINITIONS
TERM DEFINITION
SMALL HOLDER agriculturists cultivating land less in area than an economic holding who earns his livelihood principally by
agriculture or by agricultural labour
LANDLESS PERSON 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
TENANT 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
TENANCY relationship of landlord and tenant
RESTRICTIONS ON TRANSFER OF AGRICULTURAL
LAND
• RESTRICTION ON SALE, GIFT, EXCHANGE, LEASE OR MORTGAGE WHERE POSSESSION OF LAND IS
GIVEN TO MORTGAGEE (S.63(1))
• SUCH A TRANSFER IS NOT VALID IF MADE IN FAVOUR OF
 PERSON WHO IS NOT AN AGRICULTURIST OR AN AGRICULTURAL LABOURER
 AGRICULTURIST WHOSE HOLDING WILL BREACH THE CEILING UNDER MAHARASHTRA
AGRICULTURAL LANDS (CEILING ON HOLDINGS) ACT, 1961
 NON-AGRICULTURIST FOR AGRICULTURE PURPOSES WHOSE ANNUAL INCOME FROM OTHER
SOURCES IS INR 12,000/- OR MORE
 SUCH A TRANSFER MAY BE ALLOWED IF PERMISSION TO THAT EFFECT HAS BEEN GIVEN BY
COLLECTOR
LAND
• IF PERMISSION GRANTED, SUBSEQUENT TRANSFER OF SUCH LAND TO BE SUBJECT TO SAME
RESTRICTIONS
• RESTRICTIONS TO NOT APPLY TO LAND SITUATED WITHIN LIMITS OF MUNICIPAL CORPORATION
OR MUNICIPAL COUNCIL OR TOWN PLANNING AUTHORITIES
• WHERE LAND IS TRANSFERRED IN FAVOUR OF NON-AGRICULTURIST FOR N-A PURPOSE, SUCH
LAND HAS TO BE PUT TO USE WITHIN 5 YEARS FROM DATE OF TRANSFER
• EXTENSION OF FURTHER 5 YEARS CAN BE GIVEN IF THE LAND IS COVERED FOR PLANS UNDER
MR&TP ACT
• IN CASE OF FAILURE, COLLECTOR CAN RESUME THE LAND WHICH WILL VEST IN THE
GOVERNMENT WHICH WILL BE FIRST OFFERED TO THE ORIGINAL LAND HOLDER FAILING WHICH
THE LAND CAN BE AUCTIONED
S.63-1A - 1994 – AMENDMENT WAS BROUGHT TO THIS ACT
PROMOTE INDUSTRIAL GROWTH – ENCOURAGE INDUSTRIALIST – NEW INDUSTRIAL POLICY
1993
EASE THE PROCESS WITH A VIEW TO ENCOURAGE INDUSTRIALIZATION
RATIONALISE THE RULES AND PROCEDURES FOR SETTING UP NEW INDUSTRIES IN MAHARASHTRA
BY ELIMINATING HURDLES + TRANSFER OF LANDS TO N-A FOR BONA FIDE INDUSTRIAL USE
MANUFACTURE, PRESERVATION OF PROCESSING OF GOODS, HANDICRAFTS, GODOWN, R&D,
HOUSING ACCOMMODATION
S.63-1A
NOTWITHSTANDING ANYTHING CONTAINED U/S.63 – RESTRICTIONS

PERSON TO SELL AGRICULTURAL LAND, WITHOUT THE COLLECTOR’S APPROVAL, TO ANY PERSON –TRANSFEREE) –
BONAFIDE INDUSTRIAL USE IF CERTAIN CONDITIONS ARE SATISFIED
AREA THAT IS NOTIFIED REGIONAL PLAN/ TPS COVERED MR&TP ACT 1966
AREA WHERE NO SUCH PLAN OR SCHEME EXISTS
AREA HAS BEEN TAKEN OVER BY A PVT DEVELOPER FOR ITP
PROVISO – TRANSFEREE TO PUT THE LAND TO SUCH BONA FIDE INDUSTRIAL USE WITHIN 5 YEARS FROM DATE OF
PURCHASE – DEFAULTED – 5 YEARS
COLLECTOR TAKES THE LAND – LAND MOVES TO THE S.G
LAND
• RESTRICTIONS TO NOT APPLY ON SALE, GIFT, EXCHANGE OR LEASE OF DWELLING HOUSE OR
SITE THEREOF OR ANY LAND APPURTENANT TO IT IN FAVOUR OF AGRICULTURAL LABOURER
OR AN ARTISAN OR PERSON CARRYING OUT ANY ALLIED PURSUIT
• RESTRICTIONS TO NOT APPLY TO A MORTGAGE OF ANY LAND IN FAVOUR OF CO-OPERATIVE
SOCIETY REGISTERED UNDER APPLICABLE LAWS
• RESTRICTIONS TO NOT APPLY IF TRANSFER IS MADE FOR BONA FIDE INDUSTRIAL USE UNDER
PROVISIONS OF S.63-A
TRANSFER OF AGRICULTURAL LAND FOR BONA FIDE
INDUSTRIAL USE OR TOWNSHIP PROJECT (S.63-1A)
• LAWFUL FOR A PERSON TO SELL LAND, WITHOUT COLLECTOR’S APPROVAL, TO A NON-AGRICULTURIST IF HE
INTENDS TO USE THE LAND FOR BONA FIDE INDUSTRIAL USE OR FOR TOWNSHIP PROJECT AS LONG AS LAND
IS LOCATED WITHIN
 INDUSTRIAL ZONE OF PLANS UNDER THE MR&TP ACT 1966 SUBJECT TO ALL APPLICABLE LAWS IN FORCE
 AREA WHERE NO SUCH PLAN EXISTS
 AREA TAKEN OVER BY PRIVATE DEVELOPER FOR TOWNSHIP PROJECTS
 SUBJECT TO CONDITION THAT THE LAND BE PUT TO SUCH BONA FIDE USE WITHIN 5 YEARS FROM DATE OF
TRANSFER
 MAHARASHTRA RESTORATION OF LANDS TO SCHEDULED TRIBES ACT 1974
TRANSFER OF AGRICULTURAL LAND FOR BONA FIDE
INDUSTRIAL USE OR TOWNSHIP PROJECT (S.63-1A)
• IN CASE OF FAILURE TO PUT LAND TO SUCH USE, EXTENSION MAY BE GIVEN BY COLLECTOR
FOR ANOTHER 5 YEARS
• FAILING WHICH, COLLECTOR TO RESUME THE LAND WHICH WILL VEST IN GOVERNMENT FREE
OF ENCUMBRANCES
• FIRST OFFER TO BE MADE TO THE LANDHOLDER AS WAS ORIGINALLY HELD BY THE HOLDER
BEFORE SUCH SALE
• IF LANDHOLDER FAILS TO PURCHASE THE LAND WITHIN 90 DAYS, LAND TO BE AUCTIONED BY
COLLECTOR
REASONABLE PRICE FOR THE PURPOSE OF ITS SALE
AND PURCHASE: S.63A
• NOT LESS THAN 20 TIMES THE ASSESSMENT LEVIED IN RESPECT OF THE LAND BUT NOT
MORE THAN 200 TIMES SUCH ASSESSMENT
• VALUE OF STRUCTURES, WELLS, EMBANKMENTS CONSTRUCTED, PERMANENT FIXTURES
AND TREES PLANTED ON THE LAND
• SALE DEED/ AGREEMENT TO BE REGISTERED BEFORE THE MAMLATDAR AND PRICE SHALL BE
MUTUALLY AGREED BETWEEN THE PARTIES SUBJECT TO LIMITS
• WHERE THERE IS DISAGREEMENT, PRICE TO BE DETERMINED BY TRIBUNAL
• IF PRICE IS TO BE FIXED BY MAMLATDAR, CERTAIN FACTORS ARE TO BE BORNE
SALE OF AGRICULTURAL LAND TO PARTICULAR
PERSON: S.64
• APPLICATION TO TRIBUNAL FOR DETERMINING THE REASONABLE PRICE OF THE LAND
• TRIBUNAL TO DETERMINE PRICE AS PER S.63A
• PRICE TO BE PAID IN LUMP SUM OR IN ANNUAL INSTALMENTS NOT EXCEEDING 6
• LANDLORD TO SIMULTANEOUSLY MAKE AN OFFER TO TENANT IN POSSESSION OF LAND AND TO ALL PERSONS AND
BODIES IN PRIORITY LIST
• IN CASE OF DWELLING HOUSE, OR LAND APPURTENANT THERETO, TO THE TENANT, PERSON NOT IN POSSESSION OF
DWELLING HOUSE PROVIDED WHERE THERE ARE MORE THAN 1 PERSON, PRIORITY ORDER TO BE FOLLOWED:
• AGRICULTURAL LABOURER
• ARTISAN
• PERSON CARRYING ALLIED PURSUIT
• ANY OTHER PERSON IN THE VILLAGE
SALE OF AGRICULTURAL LAND TO PARTICULAR
PERSON: S.64
• INTIMATION TO BE GIVEN TO LANDLORD WITHIN 1 MONTH FROM DATE OF RECEIPT OF OFFER ON
WILLINGNESS TO PURCHASE THE LAND
• IF 1 PERSON ACCEPTS, LANDLORD SHALL INVITE PERSON TO PAY THE REASONABLE PRICE TO BE
DETERMINED BY THE TRIBUNAL
• IF MORE THAN 1 PERSON SO ACCEPTS, LANDLORD SHALL INVITE PERSON SECURING HIGHEST
PRIORITY TO PAY THE REASONABLE PRICE DETERMINED BY THE TRIBUNAL
• IF SUCH PERSON FAILS TO PAY THE PRICE, THEN THE PERSON SHALL BE DEEMED AS UNWILLING TO
PURCHASE LAND IN WHICH CASE SECOND HIGHEST PRIORITY PERSON TO BE CALLED UPON
• ANY SALE MADE IN CONTRAVENTION OF THIS SECTION TO BE INVALID
ASSUMPTION OF MANAGEMENT OF UNCULTIVATED
LANDS: S.65
• IF FOR ANY 2 CONSECUTIVE YEARS, LAND HAS REMAINED UNCULTIVATED OR ITS FULL AND
EFFICIENT USE IS NOT MADE FOR AGRICULTURE
• DUE TO DEFAULT OF HOLDER OR ANY OTHER CAUSE NOT BEYOND HIS CONTROL
• S.G. MAY DECLARE THE MANAGEMENT OF SUCH LAND TO BE ASSUMED
• LAND TO VEST IN THE S.G. BUT THE MANAGER OF LAND MAY GIVE SUCH LAND ON LEASE IN
SUITABLE CASES AT RENT WHICH IS EQUAL TO AMOUNT OF ITS ASSESSMENT
• CHAP. IV : MUTATIS MUTANDIS
ACQUISITION OF ESTATE OF LAND UNDER
MANAGEMENT OR INTEREST THEREON: S.66
• IF STATE GOVERNMENT IS SATISFIED THAT THE ESTATE OF LAND OR MANAGEMENT OR ANY
INTEREST IS TO BE COMPULSORY ACQUIRED FOR PUBLIC PURPOSE, NOTIFICATION TO BE
ISSUED IN O.G.
• NOTICE TO BE PUBLICLY GIVEN AT CONVENIENT PLACES AND NOTICES TO BE GIVEN TO
HOLDER OF ESTATES OR PERSONS HAVING INTEREST THEREIN
• COLLECTOR TO HAVE SAME POWERS AS A CIVIL COURT UNDER CPC, 1908
• DETERMINATION OF THE VALUE
• AFTER DETERMINATION OF VALUE, COLLECTOR TO PASS AN AWARD WITH RESPECT TO LAND
ACQUISITION AND COMPENSATION FOR THE SAME
MAHARASHTRA AGRICULTURAL
LANDS (CEILINGS ON
HOLDINGS) ACT, 1961
OBJECTS OF MALCH ACT, 1961
• ART. 39(b) AND ART. 39(c) OF CONSTITUTION OF INDIA

• IMPOSE A MAXIMUM LIMIT (CEILING) FOR HOLDING OF AGRICULTURAL LANDS IN MAHARASHTRA
• EXCESS/ SURPLUS
• PROVIDE FOR ACQUISITION OF LAND IN EXCESS OF CEILING LIMITS
• DISTRIBUTION OF LAND FOR SUBSERVING COMMON GOOD
• APPLICABLE TO STATE OF MAHARASHTRA
• CAME INTO EFFECT FROM 26/01/1962 – APPOINTED DAY
• COMMENCEMENT DATE – 02/10/1975
EXEMPTED LANDS: S.47
• LAND HELD BY THE CENTRAL OR STATE GOVERNMENTS

• LAND HELD BY A CORPORATION OWNED OR CONTROLLED BY THE GOVERNMENTS
• LAND BELONGING TO OR HELD ON LEASE FROM OR BY LOCAL AUTHORITY
• LAND BELONGING TO OR HELD ON LEASE BY A UNIVERSITY ESTABLISHED BY LAW IN MAHARASHTRA
• LAND BELONGING TO OR HELD ON LEASE FROM OR BY AN AGRICULTURAL COLLEGE OR SCHOOL OR
INSTITUTION DOING RESEARCH AND APPROVED BY S.G.
• LAND HELD BY REGIMENTAL FARMS AND APPROVED BY S.G.
• LAND LEASED BY LAND DEVELOPMENT BANK OR CO-OPERATIVE BANKS
• LAND HELD BY BANK OR CO-OPERATIVE SOCIETY AS SECURITY FOR RECOVERY OF ITS DUES
CEILING ON HOLDINGS
• S.3: NO PERSON OR FAMILY UNIT TO HOLD LAND IN EXCESS OF CEILING AREA AS DETERMINED AFTER THE
COMMENCEMENT DATE (I.E. 2 OCTOBER 1975) – FIRST SCHEDULE – CLASS OF LAND
• EXEMPTED LAND, HOWEVER, CAN BE HELD BY ANY PERSON OR FAMILY UNIT – S.47
• PERSON (DEFN) INCLUDES A FAMILY
• FAMILY (DEFN) MEANS HUF OR OTHER GROUPS WHOSE MEMBERS ARE JOINT IN ESTATE, POSSESSION OR
RESIDENCE
• FAMILY UNIT (DEFN) MEANS
 PERSON AND HIS SPOUSE AND THEIR MINOR SONS AND UNMARRIED DAUGHTERS
 IF SPOUSE IS DEAD, SURVIVING SPOUSE OR SPOUSES AND MINOR SONS AND UNMARRIED DAUGHTERS
 WHERE SPOUSES ARE DEAD, MINOR SONS AND UNMARRIED DAUGHTERS OF DECEASED SPOUSES
CEILING ON HOLDINGS
• LAND HELD IN EXCESS OF CEILING LIMIT WILL BE CONSIDERED AS “SURPLUS LAND”

• WHILE DETERMINING SURPLUS LAND, THE FACT THAT A MEMBER OF THE FAMILY HAS DIED IS TO BE
IGNORED –
• ALL LAND HELD BY FAMILY UNIT, WHETHER JOINTLY OR SEPARATELY, DEEMED TO BE LAND HELD BY
FAMILY UNIT
• FIRST SCHEDULE LAYS DOWN THE CEILING LIMIT FOR ALL TALUKAS AND DISTRICTS IN
MAHARASHTRA DEPENDING ON THE CLASS OF LAND (DEFN)
• IF A PERSON OR FAMILY UNIT HOLDS LAND OF ONE CLASS, CEILING AREA WILL BE CEILING AREA
FOR THAT CLASS UNDER FIRST SCHEDULE
• IF LAND IS HELD FOR DIFFERENT CLASSES, SPECIFIC FORMULA FOR CALCULATION TO BE FOLLOWED
CEILING ON HOLDINGS
• S.6: IF HOWEVER A FAMILY UNIT COMPRISES OF MORE THAN 5 MEMBERS, AN EXCEPTION IS CARVED
• UNIT IS ENTITLED TO HOLD LAND EXCEEDING CEILING AREA TO THE EXTENT OF 1/5TH CEILING AREA FOR EACH
MEMBER IN EXCESS OF 5
• HOWEVER, TOTAL HOLDING OF SUCH FAMILY UNIT CANNOT EXCEED TWICE THE CEILING AREA
• S.7: IF PERSON OR FAMILY UNIT HOLD EXEMPTED & NON-EXEMPTED LAND, IF AREA OF EXEMPTED LAND IS
LESS THAN CEILING AREA, CAN HOLD ONLY SO MUCH OF NON-EXEMPTED LAND WHICH TOGETHER WITH
EXEMPTED LAND EQUALS CEILING AREA
• MR. X – CEILING LIMIT – 18 ACRES CEILING AREA – 10 ACRES OF EXEMPTED LAND – NON EXEMPTED LAND – 8
ACRES OF THE LAND
• MR. X – 20 ACRES OF EXEMPTED LAND – NON EXEMPTED
• IN ANY OTHER CASE, PERSON OR UNIT IS NOT ENTITLED TO HOLD ANY OTHER LAND
RESTRICTIONS ON TRANSFER, ACQUISITION &
PARTITION
• S.8: PERSON OR FAMILY UNIT HOLDING LAND IN EXCESS OF CEILING AREA AFTER
COMMENCEMENT DATE NOT ALLOWED TO TRANSFER ANY LAND UNTIL THE LAND IN EXCESS
IS DETERMINED
• S.9: PERSON OR FAMILY UNIT CANNOT ACQUIRE LAND AFTER COMMENCEMENT DATE IF
• LAND ALREADY HELD CROSSES CEILING LIMIT
• WHERE PROVISIONS ARE CONTRAVENED THEN RIGHT, TITLE AND INTEREST IN LAND WOULD
VEST IN S.G.
RESTRICTIONS ON TRANSFER, ACQUISITION &
PARTITION
• S.10 DEALS WITH THE CONSEQUENCES FOLLOWING FROM A TRANSFER OR ACQUISITION
MADE UNDER SECTIONS 8 & 9 RESPECTIVELY - STATE GOVERNMENT
• IF LAND IS TRANSFERRED IN CONTRAVENTION OF S.8, WHILE DETERMINING CEILING AREA, THE
LAND SO TRANSFERRED IS TAKING INTO CONSIDERATION
• IF LAND IS TRANSFERRED IN ANTICIPATION OF AN ORDER THE LAND IS TAKEN INTO
CONSIDERATION FOR DETERMINING CEILING AREA
• ALL TRANSFERS MADE BETWEEN 1970 & 1975 SHALL BE DEEMED TO HAVE BEEN MADE IN
ANTICIPATION
• S.11: PARTITION MADE AFTER 26/09/1970 SHALL BE DEEMED TO HAVE BEEN MADE IN
ANTICIPATION UNLESS CONTRARY IS PROVED
SURPLUS LAND
• CONTAINED UNDER CHAP. IV

• S. 12 : SUBMISSION OF RETURNS IN PRESCRIBED FORM TO THE COLLECTOR WITHIN PRESCRIBED
TIME LIMIT
• S.12A: STATE GOVERNMENT IS COMPETENT TO EXTEND THE ABOVE TIME LIMITS FOR FURNISHING
THE RETURN BY AN ORDER TO THAT EFFECT IN THE O.G
• S.13: IN CASE OF FAILURE TO SUBMIT STATUTORY RETURNS, PENALTY IS TO BE IMPOSED
• S.14: POWER OF COLLECTOR TO HOLD ENQUIRY TO DETERMINE QUANTUM OF SURPLUS LAND
• S.17: NOTICE TO PERSONS AFFECTED BY EQNUIRY UNDER S.14
• S.18: COLLECTOR TO CONSIDER CERTAIN MATTERS WHILE DETERMINING SURPLUS LAND
• S.21: COLLECTOR
Copyright © 2021TO MAKE DECLARATION
Thakur Ramnarayan ONCollege
SURPLUS LAND
of Law (TRCL). All Rights Reserved
“DEVELOPMENT CONTROL”
RULES (DCR 1991 & DC&PR
2034)
DEVELOPMENT CONTROL
• CONTROLLING OR REGULATING DEVELOPMENT AND LAND USE IN A SUSTAINABLE MANNER

• REGULATIONS/ RULES AID THE PROCESS OF PLANNED DEVELOPMENT
• PLANNED DEVELOPMENT IS NEEDED FOR ANY CITY/ TOWN TO FUNCTION SUSTAINABLY
• TO ENSURE EFFECTIVE USE OF LAND
• TO BALANCE PRIVATE DEMANDS ALONG WITH PUBLIC INTEREST
• TO FACTOR IN PUBLIC HEALTH, SAFETY, ENVIRONMENT AND OVER ALL WELFARE
DEVELOPMENT CONTROL REGULATIONS
• 1991 REGULATIONS CAME INTO EFFECT FROM 20 FEBRUARY 1991

• REPLACED THE DEVELOPMENT CONTROL RULES FOR GREATER MUMBAI OF 1966 WHICH WAS
ENACTED UNDER THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT 1966
• ENTIRE JURISDICTION OF MUNICIPAL CORPORATION OF GREATER MUMBAI
• APPLICABLE TO CONSTRUCTION, DEVELOPMENT, RECONSTRUCTION OF BUILDINGS
• CONTAINS SPECIFIC PROVISIONS ON DEVELOPMENT PERMISSIONS AND HOW THE WORKS
HAVE TO BE CARRIED OUT
• LAND REMAINS SCARCE IN MUMBAI AND HENCE REGULATIONS NEEDED FOR ITS EFFECTIVE
DEVELOPMENT
• REVISED DRAFT DEVELOPMENT PLAN (2034) IS THE VISION DOCUMENT WORKING TOWARDS
SUSTAINABLE DEVELOPMENT AND SOCIAL JUSTICE
• STATE GOVERNMENT HAS EXPRESSED ITS VISION FOR THE DEVELOPMENT OF MUMBAI OVER THE
NEXT 2 DECADES
• SET OF RULES FOR ATTAINING THE ASPIRATIONS OF THE RDDP 2034 ARE CONTAINED IN THE DC &
PR 2034
• DEVELOPMENT CONTROL AND PROMOTION REGULATIONS 2034 WHICH CAME INTO EFFECT 1
SEPTEMBER 2018
• REGULATION 2 OF 1991 REGULATIONS AND 2034 REGULATIONS CONTAIN DEFINITIONS OF

KEY TERMS
• FLOOR SPACE INDEX – DEFINED UNDER REGULATION 2(42) OF 1991 REGULATIONS AND 2(61)
OF 2034 REGULATIONS
• RATIO OF COMBINED GROSS FLOOR AREA OF ALL FLOORS (EXCEPT AREAS SPECIFICALLY
EXEMPTED UNDER THE REGULATIONS) TO THE TOTAL AREA OF THE PLOT
• TOTAL AREA OF ALL FLOORS OF THE BUILDING WHEN DIVIDED/ BY AREA OF THE LAND ON
WHICH BUILDING IS BUILT
• IF FSI IS 1.0 FOR PARTICULAR PLOT MEASUING 100 SQ. MTS, BUILDER CAN BUILD 100 SQ. MTS.
• REGULATION 32 OF 2034 REGULATIONS DEALS WITH TDR

• COMPENSATION OFFERED IN THE FORM OF DEVELOPMENT RIGHTS TO THOSE WHO
SURRENDER PART OF THEIR LANDS TO THE GOVERNMENT / AUTHORITIES
• PURPOSE IS TO SHIFT THE BURDERN OF INTENSIVE BUILDING ACTIVITIES FROM DEVELOPED
PARTS OF A CITY TO MODERATELY OR SPARSELY DEVELOPED PARTS
• PROVISIONS ARE ALSO MADE WHERE THE HOLDER OF A TDR WISHES TO TRANSFER IT TO
ANOTHER PERSON
• SPECIAL PROVISIONS ARE CREATED FOR CONSERVATION AND PRESERVATION OF HERITAGE

BUILDINGS AND HERITAGE PRECINCTS UNDER REGULATION 52/ 67 OF 1991N
• RESTRICTIONS ON DEVELOPMENT/ REDEVELOPMENT OF HERITAGE BUILDINGS AND HERITAGE
PRECINCTS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE COMMISSIONER
• PERMISSION TO BE GRANTED IN CONSULTATION OF THE MUMBAI HERITAGE CONSERVATION
COMMITTEE TO BE APPOINTED BY THE STATE GOVERNMENT
• PREPARATION OF HERITAGE BUILDINGS AND HERITAGE PRECINTS
• CLASSIFICATION INTO GRADE I, GRADE II & GRADE III

Land Laws Chap 6 TRCL 2021

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Land Laws Chap 6 TRCL 2021

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LAND LAWS

SEM. VIII: IV Y.B.L.S./LL.B. & SEM. IV: S.Y.LL.B.

GROWTH & DEVELOPMENT & RESIDENCE + FACILITIES/ AMENITIES FOR

• PLANNED DEVELOPMENT AND USE OF LAND IN REGIONS

REGIONAL PLAN DEVELOPMENT TOWN PLANNING

• S.47: AGGRIEVED PARTY TO PREFER AN APPEAL WITHIN 40 DAYS

• (A) PERMISSION HAS NOT BEEN TAKEN – DEVELOPING

• S.53: POWER TO REQUIRE REMOVAL OF UNAUTHORISED DEVELOPMENT

• S.125: COMPULSORY ACQUISITION OF LAND FOR PURPOSES OF REGIONAL PLAN,

• S.42 IMPOSES CONDITIONS FOR PERMISSION FOR NA USE

• S.43: RESTRICTIONS ON USE

• S.148: RECORD OF RIGHTS

• NISTAR PATRAK: S.161

• WAJIB UL ARZ: S.165

• NEGLECT OF AGRICULTURAL LANDS BY LANDHOLDERS

AGRICULTURIST person who cultivates land personally

TENANCY relationship of landlord and tenant

NOTWITHSTANDING ANYTHING CONTAINED U/S.63 – RESTRICTIONS

• ART. 39(b) AND ART. 39(c) OF CONSTITUTION OF INDIA

• LAND HELD BY THE CENTRAL OR STATE GOVERNMENTS

• LAND HELD IN EXCESS OF CEILING LIMIT WILL BE CONSIDERED AS “SURPLUS LAND”

• CONTAINED UNDER CHAP. IV

• CONTROLLING OR REGULATING DEVELOPMENT AND LAND USE IN A SUSTAINABLE MANNER

• 1991 REGULATIONS CAME INTO EFFECT FROM 20 FEBRUARY 1991

• REGULATION 2 OF 1991 REGULATIONS AND 2034 REGULATIONS CONTAIN DEFINITIONS OF

• REGULATION 32 OF 2034 REGULATIONS DEALS WITH TDR

• SPECIAL PROVISIONS ARE CREATED FOR CONSERVATION AND PRESERVATION OF HERITAGE

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