1.

Identify the salient features of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 against those in the Land Acquisition
Act, 1894.

The Right to fair compensation and transparency in land acquisition act was passed in 2013
to correct the lacunae in the Land Acquisition Act of 1894. One of the main additions in the
2013 act was the way it provided for the impact of land acquisition proceedings on the people
whose land was occupied and envisaged proper relief and rehabilitation along with
compensation for those whose land was acquired. Comparatively the 1894 Act, had an almost
mechanical system of calculating just the compensation for the land acquired with no regard
for the resettlement of the project affected persons. The 2013 Act achieves better rights for
the project affected persons by making it mandatory to conduct a Social Impact Assessment
of the land to be so acquired before the preliminary notification. The new act also provides
for the establishment of a Land acquisition, rehabilitation and resettlement authority to deal
with any disputes arising out of any award by a collector. In the earlier act, such relief was to
be sought from any civil court in the jurisdiction. The compensation provided under the two
acts is also different. While the old Act only provided compensation for the land and the
benefits from it and any damage caused during the acquisition process, the 2013 Act provides
for a further solatium of 100% of such compensation. There is also a further provision of
12% of the value of the land from the date of publication of SIA report to the date of
obtaining possession of land, whichever is earlier. Thus the new law takes a more well
rounded approach to the aspect of compensation, relief and resettlement of project affected
persons compared to the old act.

2. Which are the documents that have to be compulsorily registered under the Indian
Registration Act, 1908?

Section 17 of the Indian Registration Act, provides for documents which need to be
compulsorily registered. These are
a) Any gift of immovable property
b) Any lease of immovable property if such lease is year on year, exceeds one year or
reserves a yearly rent
c) Any non-testamentary instrument which purports to limit, extinguish, assign, create or
declare any right title or interest in property of value of Rs 100 or more
d) Any non-testamentary instrument which acknowledges the receipt of consideration on
account of creation, declaration, assignment, extinguishment, limitation of any right,
title or interest
e) Any non-testamentary instrument transferring or assigning any decree or order of a
court or any award, in cases where such a decree or order purports or operates to
create, extinguish, declare, assign or limit any right, title or interest to property of
value Rs. 100 or above.
By an amendment in Maharashtra, following documents have also been added
a) An agreement relating to deposit of title deeds by way of security for repayment of a
loan existing or future
b) A sale certificate used by any competent officer or authority under the recovery act
 c) An irrevocable power of attorney relating to transfer of immovable property
3. State the matters which have to be provided under the “Nistar Patrak”?
The right of nistar is the right of grazing cattle and is considered an important right in the
villages of India. Section 161 of the Land Revenue Code casts an obligation on the Collector
to prepare a Nistar Patrak detailing a scheme of management of all unoccupied land in a
village. The Nistar Patrak is to be prepared as per the provisions of the Code and includes
details such as
a) the terms and conditions on which grazing of cattle in the village is to 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 other minerals
iii) instructions regulating the grazing of cattle and removal of articles mentioned
above
iv) any other matter required to be recorded as per the Code
The collector while preparing Nistar Patrak must make provisions for
a) free grazing of cattle for agriculture
b) removal, free of charge, by the residents of the village, for the bonafide domestic
consumption of any forest product or minor minerals and
c) the concessions to be granted to the village craftsmen for removal of articles
mentioned above for purposes of their craft.
If the collector is of the opinion that there isn’t sufficient waste land in a village for purposes
of nistar he may after making inquiries and if it is in public interest, order that the residents of
the village may have right of nistar in a neighbouring village. If a request is made by the
village panchayat and in the case of no panchayat by one-fourth of the adult residents of the
village, the collector may make changes in the nistar patrak.

4. What is ‘bona fide industrial use’ under the Maharashtra Tenancy and Agricultural Lands Act,
1948?

Section 63-1A provides an exemption to the rule specified in section 63 regarding restriction
of transfer of land for non-agricultural purpose. The exemption states that an agriculturist can
transfer land without the permission of the collector, to an agriculturist or non-agriculturist,
provided it is for a bonafide industrial use or special township project. Such exemption is
only available in the case of land located within
A) Industrial zone of a regional plan or development plan or town planning scheme of a
planning authority
B) An area where no such plan or scheme exists or
C) An area taken over by a private developer for the development of a special township
If the total extent of land to be transferred exceeds 10 hectares then permission has to be
sought from the Development Commissioner (Industries). Such land should be put to said
industrial use within 15 years of acquiring or else the original owner has a right to repurchase
the land at the price at which he sold it.
Bonafide industrial use means
i) The activity of manufacture, preservation or processing of goods or any handicraft
or industrial business or enterprise
ii) The activity of tourism within the areas notified by the State govt as tourist spots
or hill stations
iii) Construction of industrial buildings for manufacturing purposes or power projects
and ancillary industrial usage like research and development
iv) Providing housing accommodation to the workers of the concerned industry
v) The establishment of an industrial estate including a co-operative industrial estate,
service industry, cottage industry gramodyog units or gramodyog vasahats
Special township project means a special township project or projects under the regulations
framed for development special township by government under MRTP Act.
5. What are structural repairs under Maharashtra Housing and Area Development Authority
Act, 1976?

Structural repairs is defined by Section 2(36) of the MHADA Act to mean repairs or
replacement of decayed, cracked or out of plumb structural components of a building or any
substantial part thereof or any part to which the occupiers have common access to like
staircase, passages, water closets etc by a new one of the like or of different material,
including a change in the mode of construction, which if not done expeditiously, may in the
opinion of the Board result in the collapse of the building or any part thereof. The expression
also includes repairs and replacements of all items which are required to be repaired or
replaced as a consequence of the above repairs or replacements. The term also includes repair
and replacement of the roof and drain pipes fixed to the building which if not repaired or
replaced simultaneously with structural repairs would cause further damage to the building. It
doesn however, cover the replacement of tiles only.
6. . What does “Wajib-ul-Arz” contain?
Wajib Ul Arz is an Arabic term which means necessity to be represented. In olden days it was
common to prepare a document detailing custom, rules of management of village land in
certain parts of India in the form of Wajib ul Arz. Section 165 of the Land revenue code has
given statutory recognition to this concept. Under Section 165, the collector must ascertain
and record the customs in each village regarding
a) the right to irrigation or a right of way or other easements and
b) the right to fishing
in any land or water, belonging to or controlled by the state government. The Wajib ul Arz is
to be prepared by the collector and published as per provisions of the Code. Any person
having any grievances regarding any entry can within one year of its publication approach a
civil court for modification or cancellation of any entry.
The collector is empowered to alter any entry in Wajib Ul Arz on the ground that
a) all the persons interested in that entry wish the entry to be modified
 b) the modification is based on a court decree or order declaring it to be erroneous
c) the modification is based on a court decree or order but is not in accordance with the
decree or order
d) the entry was based on such a decree or order but the same has been varied now on
appeal, revision or review
e) a civil court has by a decree determined any custom existing in a village
The state government may make rules regulating fishing in government tanks and removal of
materials from land belonging to or controlled by state government.
7. Under the Maharashtra Agricultural Lands (Ceilings on Holdings) Act, what are the
restrictions on transfer of agricultural lands?

Under Section 63 of the Act, transfer of agricultural land to a person who is not an
agriculturist or agricultural labour are severely restricted. Transfer in this case means sale,
gift, mortgage with possession, lease, exchange. Such a transfer is prohibited to an
agriculturist also if after such transfer his total land holding exceeds the ceiling limit. Sale as
per the section also includes sale for recovery of land revenue, sale by court order or decree
and sale for recovery of arrears of land revenue. A collector however may grant permission
for such a transfer subject to conditions as prescribed. But no such sale can be permitted if the
non-agriculturist purchaser has an annual income of Rs 12000 or more.
The restrictions in the section do not apply to a sale, gift, exchange or lease of a dwelling
house or the site thereof or any land appurtenant if such a transfer is in favour of an
agricultural labourer or an artisan or a person carrying on any allied pursuit. Restriction also
does not apply to any sale by a co-operative society or any mortgage or interest therein in
favour of a co-operative society as security for loan. Any mortgage under section 24 of
Bombay Agricultural relief act is also exempt. The land can also be transferred to a non-
agriculturist for a bonafide industrial purpose or for a special township.

8. Who is an agricultural labourer under the Maharashtra Tenancy and Agricultural Lands Act,
1948?

As per section 2 (1A) an agricultural labour means someone whose principal means of
livelihood is manual labour on land. Thus labourers engaged in agricultural labour may be
those engaged in it on a daily basis, periodically, on a contract basis, labourers engaged on
daily basis for a fixed period of time for ploughing, sowing seeds or gathering crops, servants
engaged in agriculture on a fixed salary in cash or kind.

9. A land has to be acquired under the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act on grounds of urgency. Answer the
following through relevant provisions of the law. (a) Is a Social Impact Assessment required
in such cases? (b) What are the special powers vested in the appropriate government with
respect to acquisition of lands for urgency?

No. A social impact assessment is not required in such cases as per section 9. As per section
40, the collector can take possession of the land to be acquired although no award has been
made on the expiry of 30 days from the date of publication of notice. The powers of the
collector to take such possession of land is restricted to minimum area required of land for
defence of India, national security, for emergencies arising out of natural calamities or for
any other emergency approved by the Parliament.
Before taking possession of land under this section, the collector has to pay 80% of the
compensation to the person entitled. The collector cannot take possession of a building or
part of it without serving a 48-hour notice to the occupier.
The appropriate government may direct that all or any of the provisions of Chapters II to VI
of the Act that is sections 4-47 shall not apply to land acquired in case of urgency. Even if
such a direction is not issued, a declaration can be made under section 19 of the act in respect
of the land at any time after the date of the publication of the preliminary notification.
10. Mr. D has executed a “Will” and is contemplating the registration of the said will. He
requires your legal advice with regards to the following queries. Answer the same through
relevant provisions of applicable law. (a) Does the will have to be mandatorily registered? (b)
What are the consequences of non-registration of the will?

No. As per provisions of section 18 of the Registration Act, a will need not be compulsorily
registered. D may however choose to register it. The will does remain valid even if it is not
registered. Registration lends it more authenticity and prevents it from being tampered as a
copy is kept with the registrar. But mere registration does not mean that the will cannot be
challenged.

11. What are the restrictions on transfer of agricultural land under The Maharashtra Agricultural
Lands (Ceilings on Holdings) Act 1961?

Under Section 8 if a family unit or person hold land in excess of ceiling area on or after
October 2, 1975, they are not allowed to transfer the land on or after the date until the excess
land is determined. Transfer here includes sale, gift, mortgage with possession, exchange,
lease, assignment of land for maintenance, surrender of tenancy, resumption of land by
landlord or any other disposition whether made by parties inter vivos or by a decree or order
of court. It does not however include transfer by sale for recovery of land revenue or its
arrears or acquisition of land under any relevant law for public purpose.
As per section 9, no person or family unit is allowed to acquire land on or after October 2,
1975, if they already hold land in excess of ceiling limit or the acquisition of such land would
together with land already held, exceed ceiling area.
If any land is acquired in wilful contravention of section 9 then the right, title and interest of
that person or family unit in the land so acquired is forfeited and same would vest in state
government.
Section 10 lays down consequences from such a transfer
a) If any land is transferred in contravention of section 8 then in calculating ceiling area
such land is to taken into consideration
b) If any person or family unit transfers any land between Sept 26, 1970 to October 2,
1975, in anticipation of or in order to defeat provisions of the 1972 amendment of the
 act, then such land will be considered for calculation of ceiling limit. The act goes on
to say that all transfers made between these two days shall be deemed as in
anticipation or in order to defeat the 1972 amendment.

12. Explain Nistar Patrak under the MLRC Act,1966

Refer to Answer to question 3 above

13. Discuss the duties of the Mumbai Repairs and reconstruction board under MHADA
The Repair and reconstruction board is expected to conduct structural repairs in the case of
ruinous buildings, which if not repaired expeditiously, are in the danger of collapse. For this
purpose, the repair and reconstruction board can conduct a survey of buildings that are in
dilapidated conditions. The board has to give a prior notice of 15 days to the owner of such a
building to inform him of its intention to conduct such repairs and also invite suggestions and
objections from both the owner and the occupiers of the building. If the board decides to go
ahead with repairs it will have to provide temporary transit accommodation to occupiers of
the building. The authority has a duty to construct transit camps for the same. The board is
also bound to conduct tenantable repairs from time to time. In case of severely dilapidated
buildings the board has to take necessary action for demolition of the building or part thereof.
The board has the duty to move the state government to acquire old and dilapidated buildings
which are beyond repairs and reconstruct them and in case of previously repaired buildings
where further structural repairs are not possible to demolish such buildings and reconstruct
new buildings.

14. What is adjudication of stamps duty under the Maharashtra Stamp Act, 1958?
Sometimes parties executing an instrument may not be sure about the exact amount of stamp
duty to payable on that instrument. Very often parties want to be doubly sure about such
amount. Under Section 31 of the Act, the instrument can be brought to the Collector by one
of the parties for adjudication along with a fees of Rs. 100.
In order to determine the correct amount of stamp duty the collector may call for true copy or
abstract of the instrument, along with an affidavit and other evidence as he may deem
necessary. In case of executed documents, if such a document is brought for adjudication
Within one month of its execution or within one month of its first execution in Maharashtra
or if such a document is executed outside of Maharashtra within 3 months of its first receipt
in Maharashtra, the person is liable to pay stamp duty within 60 days of a demand to pay the
stamp duty as adjudicated by the Collector. A penalty of 2% is imposed for every month in
case of default.

15. Explain the procedure for removal of unauthorised development under MRTP ACT 1966?)
Section 53 of MRTP act empowers the Planning Authority to serve a notice on the owner of
land to remove unauthorised development when the owner has carried out any development
of land or has changed the use of land
a) Without the permission required under the Act
b) Which is not in accordance with the permission required under the Act
c) After such permission has been revoked or
d) In contravention of any permission which has been modified
The notice may call upon the owner, requiring him within such period as may be specified in
the notice, not being less than one month from service of such notice in cases falling under a)
and c) to restore land to condition existing before such development and in case of b) and d)
to secure compliance to conditions of permission or modified permission.
Such a notice may require demolition or alteration of any building or works, carrying out on
the land or any building or other operations or discontinuance of any use of land. If
requirements of the notice are not complied with, the planning authority may prosecute the
owner of the land for not complying with the notice. Punished prescribed by the act is
imprisonment for a minimum term of one month and a maximum of 3 years and a fine
minimum of 2000 and maximum of 5000.

16. Set out the documents of which registration is compulsory under the Registration Act, 1908?
Refer to answer number 2.
17. Explain any six prohibited activities in the CRZ?
1. Setting up on new industries and expansion of existing industries except
a) Industries directly related to the waterfront or needing foreshore facilities
b) Projects of dept of Atomic energy
c) Facilities for generating power
d) Development of green field airport in Navi Mumbai
e) Reconstruction or repair of dwellings of fishermen
2. Manufacture or handling of oil storage or disposal of hazardous waste
3. Setting up and expansion of fish processing units except hatchery and fish drying
4. Land reclamation, bunding or disturbing natural course of seawater
5. Setting up and expansion of units or mechanism for disposal of wasters and effluents
except facilities for
a) For discharging treated effluents into water approved by Water Act
b) For storm water drains and ancillary structures for pumping
c) Treatments of waste and effluents from residences and hotels in CRZ areas
6. Discharge of untreated wastes and effluents from industries cities town or other
human settlements
7. Dumping of city or town wasters for land filling
8. Port and harbour projects in high eroding stretches of the coast except strategic and
defence projects.
9. Reclamation for commercial purposes like shopping, housing complexes, hotels and
entertainment activities.
 10. Mining of sand, rocks and other sub strata material except minerals not available
outside CRZ and exploration and exploitation of oil and natural gas by ONGC
11. Drawing of underground ater and construction related thereto within 200 meters of
HTL
12. Construction activities in CRZ I except certain activities listed in the notification
13. Dressing or altering any sand dunes, hills, natural features including landscape
changes for beautification, recreation etc
14. Facilities required for patrolling and vigilance activities of marine and coastal police
stations.

18. What is social impact assessment under the Land Acquisition Act, 2013?
Section 4-9 of the Act deal with social impact assessment. Whenever the appropriate
government intends to acquire land for a public purpose it must carry out a social impact
assessment in the affected area in consultation with Panchayat, municipality or other local
body. The SIA is to be completed within 6 months of its commencement. The assessment
must include following 6 points
a) as assessment as to whether the acquisition serves a public purpose
b) estimation of affected families and the number of families among them likely to be
displaced
c) extent of land public and private, houses, settlements and other common properties
likely to be affected by the proposed acquisition
d) whether the extent of land proposed for acquisition is the absolute bare minimum
extent needed for the project
e) whether land acquisition at an alternate place has been considered and found not
feasible
f) A study of social impacts of the project and the nature and cost of addressing them
and the impact of these costs on overall costs of the project vis a vis the benefits of the
project
A public hearing must also be held while preparing SIA so that views of affected families can
be ascertained, recorded and included in the SIA report. Copies of the report must be made
available in the local language to the panchayat municipality or municipal corporation and
must be published in the affected area and put up on the website of appropriate government.
The SIA report is to then be evaluated by an independent multi-disciplinary expert group
which includes tow non-official social scientists, two representatives of the panchayat, gram
sabha etc as the case may be, two experts on rehabilitation, a technical expert in the subject
relating to the project. If the expert group is of the opinion that the project does not serve
public purpose or the social costs and adverse social impacts outweigh potential benefits it
must make a recommendation within two months that the project be abandoned giving its
reasons. If the expert group is of the opinion that the project serves public purpose and
potential benefits outweigh the costs then it must make a recommendation within two months
whether the extent of land proposed to be acquired is the bare minimum and whether any less
displacing options are available.
 19. State any six ingredients of a rehabilitation &resettlement award?
1. Rehabilitation and resettlement amount payable to the family
2. Bank account number of the person to which the rehab and resettlement award
amount is to be transferred
3. Particulars of the house site and the house to be allotted in case of displaced families
4. Particulars of land allotted to the displaced families
5. Particulars of one time subsistence allowance and transportation allowance in case of
displaced families
6. Particulars of payment for cattle shed and petty shops
7. Particulars of one-time amount to artisans and small traders
8. Details of mandatory employment to be provided to the members of the affected
families
9. Particulars of any fishing rights that may be involved
10. Particulars of annuity and other entitlements to be provided
11. Particulars of special provisions for scheduled castes and tribes to be provided

20. Mr A & B are in doubt with regards quantum of the stamp duty payable on the conveyance
in regard to land situated in Raigad district. (i) what would you advice Mr. A& B? (ii) Name
the authority who could be approached by Mr. A &B? (iii) What is the maximum penalty for
non- payment of the proper stamp duty?

For (i) and (ii) refer to answer 14. For (iii) penalty cannot exceed double the deficient portion
of the stamp duty as per section 31.

21. An order was passed under the provisions of MLRC by the Collector. a. To whom does the
appeal lie from the order of the Collector and what is the time limit for the same? b. If the
order of the collector in the above case was admitting an appeal, can a further appeal be still
filed?

The appeal against an order of the collector is to be filed with the Divisional Commissioner.
However, in this case, the order of the collector itself was the result of an appeal. As per
section 247, there can only be 2 appeals filed in any dispute. So, the option of appealing to
the Divisional Commissioner does not exist in this case. The interested party however may
apply for a review or a revision to the Collector, the concerned authority will pass orders if
there is a discovery of a new matter of evidence, a mistake or error apparent on the face of the
record or any other sufficient reason.

22. What are the powers of the MBRR Board of MHADA

The powers of the MBRR board are
a) As per Section 75, MHADA may entrust to the board, the task of framing and
execution of schemes for building repairs or for re-construction of buildings or for
housing and rehabilitation of dishoused occupiers, subject to any terms and conditions
it may see fit.
 b) Section 79 allows the board to hand over the execution of building repairs or
reconstruction to a Municipal corporation or a co-op society or any other recognised
agency under its own supervision and to transfer by sale, exchange or otherwise, any
new building so constructed to any co-op society if formed by all occupiers or
apartment owners.
c) Section 77 deals with special powers of the board. The board may authorise any
person to enter any building or land for making any inquiry, inspection, survey,
measurement, valuation or taking levels of such building or land for any structural
repairs or executing any work which is necessary and cause any building which is
proposed to be structurally repaired or re-constructed or demolished to be vacated
within a specified period, taking such steps and using such force as may be reasonably
necessary.

23. Mr. X, a builder wants to initiate some activities of development in the year 2020 in CRZ III
where the population density is 2300 per sq kilometre and applies for the same to the
authorities concerned. c. Will Mr. X get the required permission to start the activities or will
he be refused? What is the NDZ limit under the above mentioned CRZ?

As per the norms that had been set in 2018-19, since the population density in this area is
more than 2161 per sq km, the No development zone for this are would be 50 meters from the
high tide line. If the development that Mr. X intends to undertake is beyond this limit, then he
shall be allowed to develop. However the development that is allowed in the no development
zone will be restricted to beach front hotels and resorts and public amenities for the
community residing there, reconstruction or repair of dwelling units, fishing related facilities.

24. Explain about admissibility of instruments which are not properly stamped.
a) Even if an instrument is not duly signed, it becomes admissible in evidence on
payment of stamp or deficient amount of stamp duty and a penalty at the rate of 2%
per month on stamp duty or deficient amount
b) If a contract is contained in one or two letters of which one is duly stamped the whole
contract is deemed duly stamped
c) An unstamped or insufficiently stamped instrument can be admissible as evidence in
any criminal proceedings other than certain proceedings under the CPC
d) An unstamped or insufficiently stamped instrument can be admitted as evidence in
any court if it has been executed by the government or if it bears the certificate of the
Collector
e) A copy of an instrument or an oral admission of an instrument can be admitted if the
stamp duty or the deficient portion thereof and the penalty has been paid
f) Once an instrument is admitted in evidence such admission cannot be questioned at
any stage on the ground that the instrument has not been duly stamped
g) The state govt is empowered to make rules to provide that if an instrument bears a
stamp of sufficient amount but the stamps are not of proper description, such an
instrument can be certified to be duly stamped on payment of chargeable stamp duty.
 25. Mr. A, a builder in Mumbai commences development after the permission (but subject to
conditions) is granted to him as per the provisions of MRTP Act. He abides all the conditions.
Later after few months the authority revokes the permission granted to him. Mr. A needs
your advice on this matter. What will be the development undertaken by Mr. A be called as ?
Can Mr. A continue to carry the development? Is there any remedy available to Mr. A ?

Mr A’s construction will be considered unathorised development as the permission has been
revoked. He will not be able to continue to carry on the development unless he appeals the
decision. Mr A may approach the authorities and make an application under section 44 and
apply permission to retain the development. If the authority agrees with the application, the
notice will stand withdrawn. However, if the authority disagrees, Mr. A will have to remove
the development and return the land to its original condition.

26. What is meant by 'Class of Land' under MAL(HOC) Act, 1961?

As per section 5 class of land means land of various classes like
a) Land with an assured water supply for irrigation which is capable of yielding two or
more crops per year
b) Land which is irrigated seasonally by flow irrigation from any source
c) Dry crop land

27. What kind of Land Settlements Systems were prevalent during the pre-Independence in
India ? Explain briefly.

Prior to independence there were 3 major land settlement systems

a) Zamindari – In the system, the revenue for land was collected by people known as
zamindars. Zamindars were given the status of permanent land owners by the British.
They were to collect revenue from the tillers and occupiers of the land and pass on a
percentage to the British. Zamindars had discretion in the administration of land.
b) Ryotwari – In this system, the person cultivating the land was known as the ryot. This
system did not have the intermediaries known as zamindars and the land revenue was
collected directly from the farmer by the British
c) Mahaldari – The mahaldari system relied on the village head as the intermediary. In
this system the farmers paid the revenue to the village head who then passed it on to
the British.
The systems were widely criticised in their times for being arbitrary and exploitative. The
Land revenue code was brought in post-independence to provide scientific assessment of land
and the revenue share of the government.

28. The exemptions available under Maharashtra Rent Control Act can be removed by the State
Government any time. Comment.
Section 5 of the Maharashtra rent control act deals with cessation of exemption. The section
empowers the state government to cease any of the exemptions granted under the Act if any of the
conditions of such grant of exemption have been violated. The section also provides that before
cessation of any exemption, a proper notice has to be served seeking cause as to why such action
may not be taken.

29. What is TDR? Who can utilise it and how ?

TDR means transfer of development rights. Here the development potential of the land is separated
from the land and made available to the owner in the form of a development rights certificate which
he can use on some other plot of land or which he can transfer to another person for a
consideration.

TDR is a means of compensating builders for handing over land to the government for building of
public facilities like a park, widening of road or slum rehabilitation. If the owner also constructs the
amenity on the surrendered plot at his own cost, he may be granted a further development right in
the form of FSI equivalent to the area of construction done by him. Purpose of TDR is also to reduce
the time required for acquisition in urban areas for public purposes.

DRCs can originate in any part of the city and they can be used in the same ward as the ones they
originated in or any plot lying to the north of the plot they originated in. However, they cannot be
used in Island city of Mumbai. DRC also cannot be used in areas with FSI less than 1.0, coastal areas
and NDZs and areas in the tourism development zone.

DRCs are issued by the commissioner and must state the exact FSI credit in words and figures and
the areas in which they can be used. A holder of DRC must attach it with a valid application in the
area that he wants to use it. If a holder of DRC wants to transfer it, he must make an application to
the commissioner for the same after which commissioner endorses the name of the new owner on
the certificate and returns it.

30. What is Social Impact Assessment and its benefits?

Refer to answer 18

31. What is warkas land under the Maharashtra Tenancy & Agricultural Lands Act, 1948?

Warkas land is land which is used for the purpose of rab manure in connection with rice cultivation
and is classified in the revenue records as such. Warkas originally applied to land near rice cultivation
from which villagers procured dry grass, branches etc for the purposes of rab burning. This is land
that is on slopes or forest tracts and has poor productivity. During monsoon sometimes this land is
used to grow low grade millets.

Rab manure is produced by burning layers of cow dung, tree loppings, leaves and grass. The resulting
ash is used as manure for rice cultivation.

32. Describe adjudication.

Refer to Answer 14.

33. State the uses to which the holder may put his land to, for purposes of agriculture, under
Maharashtra Land Revenue Code, 1966?

As per Section 41, the holder of any agricultural land shall have the right to erect any farm building,
construct any wells or tanks or make other improvements on the land for the better cultivation
thereof or its more convenient use for agricultural purposes. However after the 1986 amendment
this can only be done with permission from the collector. Under section 42 of the Code, no land
which is used for agricultural purpose can be used for any non-agricultural purpose and no land
assessed for one non-agricultural purpose can be used for another non-agricultural purpose without
permission from the collector. However no such permission is required for conversion of use of any
agricultural land for personal bona fide residential purpose in non-urban areas.

34. Describe the provisions pertaining to cess and collection of cess under Maharashtra Housing and
Area Development Act, 1976.

Cess means a tax levied or leviable under Chapter VIII of the Act. Sections 82-87 deal with levy and
collection of cess. Section 82 provides that there shall be levied and paid to state government from
the date of the notification in the Official Gazette for this purpose, a tax on lands and buildings called
the Mumbai Building repairs and reconstruction cess, at such percentage as the rateable valueof the
land or building in question. Different rates are provided for different lands and buildings.

Building which is not structurally repaired by the Board, the cess is levied at 87% in category A
buildings, 63% in category B buildings and 39% in category C buildings.

The Cess is to be collected by the municipal corporation in the same way as property tax. In all such
cases where cess is to be paid the owner may pay 10% and recover the remaining 90% from the
tenants or occupiers by an increase in rent. Such increase is not deemed as an increase under the
Rent Control Act.

35. Describe the contents of a declaration made during the acquisition of land for a public purpose?
The Collector of Ahmednagar has published Wajib-ul-arz for the villagers of Arangaon with respect to
fishing from a well belonging to the State Government, situated in an unoccupied land, on the
boundary of the Arangaon village. What is the meaning of Wajib-ul-arz.

Refer to answer 6.

36. Anmol has agreed to purchase a flat in Worli from Mohan. The parties have mutually agreed that
sale price to be mentioned in the Sale Deed would be Rs.50,00,000/- (Rupees Fifty Lakhs Only). An
agent has however informed Anmol that the flat would typically be sold in the open market at
Rs.60,00,000/- (Rupees Sixty Lakhs Only). The rate of stamp duty for the flat is 5% of market value.
Explain which out of the two amounts shall be taken as market value for the purpose of calculation
of stamp duty under the Maharashtra Stamp Act, 1958?

The 1979 amendment to the act introduced the concept of market value precisely to deal with the
kind of situation mentioned here. Before the amendment it was found that it was typical practice to
quote a lesser amount in the instrument as the value mentioned in the instrument was taken as the
value for calculating stamp duty. The market value concept was introduced to plug this loophole.
Market value is calculated as the cost a hypothetical buyer may pay for buying the same property. It
is the cost that is determined by the prevailing price in the neighbourhood. Thus in this case, the
stamp duty will be calculated on the basis of Rs. 60,00000.

37. Ram does not own any agricultural land and is engage only in cutting wood. Ram claims to be an
agriculturist. Can cutting of wood be considered to be agriculture under the Maharashtra Tenancy
and Agricultural Lands Act, 1948? What is included in the term Agriculture under the Maharashtra
Tenancy and Agricultural Lands Act, 1948?

Cutting of wood is not included under the Maharashtra Tenancy and Agricultural Land Acts, 1948. So
Ram cannot be called an agriculturist. As per the act, agriculture includes horticulture, raising of
crops, grass, garden produce, use of any land by an agriculturist for grazing, use of land for rab
manure.

38. Eknath owns 25 hectares of agricultural land Mahabaleshwar, which is notified as a hill station,
by the State Government. Discuss with reasons, whether Eknath can set up a tourist resort on the
said agricultural land, without obtaining permission for conversion of land?

As per the provisions of the Act, Eknath is using the land for bonafide industrial purpose. The Act
says that land can be converted for bonafide industrial purpose without permission from the
collector. The definition of bonafide industrial purpose in the act includes usage for tourism activity
in a place notified as a tourism zone or hill station by the state government.

39. Sitaram purchased a plot of land from Ganesh for Rs. 50,000/- (Rupees Fifty Thousand Only).
Sitaram paid the full price and the sale deed was signed by both, Sitaram and Ganesh. The sale deed
however, was not registered. Ganesh sold the same plot of land to Ramesh. The sale deed with
Ramesh was registered. What will be the right of Sitaram, as compared to Ramesh, in the said plot of
land?

Sale deed is to be registered as compulsorily as per Indian Registration Act. Without registration, it is
not valid. Under Section 49 of Registration act: No document required to be registered under section
17 of this Act shall be valid for creation, operation, declaration, limitation and assignment of any
right, title or interest in any immovable property unless it’s registered within the specified time
period.The document shall not confer any power to adopt.

The document cannot be received as evidence of any transaction affecting such property or
conferring such power. Ramesh has a better title to the land since his deed is registered.

40 and 41. Refer to answer 6.

42. Define "Instrument" under Maharashtra Stamp Act?

The term instrument under Maharashtra Stamp Act includes every document by which any right or
liability is or purport to be created, transferred, limited, extended, extinguished or recorded, as also
any electronic record as defined in the IT act 2000. But this term does not include bill of exchange,
cheque, promissory note, bill of lading, insurance, letter of credit etc as these are covered by Indian
stamp act.

43. Write in short the provisions for "Records of rights" under Maharashtra Land Revenue Code,
1966?

Section 148 of the Land revenue code deals with maintenance of records of rights in every village
and this must include

a) Name of all owners, occupiers of the land, owners of mortgage or assignees of rent or
revenue of the land
b) Name of all government lessees and tenants on the land
c) The nature and extent of the interest of the persons mentioned above
d) Rent or revenue payable by or to any of the persons mentioned above
e) Such other particulars as the state may prescribe by the rules either generally or for the
purpose of any specified area

Section 149 of the Code says that if any person acquires interest in any land he must within 3
months of acquisition of such interest report it to the Talathi, who must give written
acknowledgement of the same. The Talathi must according to Section 150, enter in a register of
mutations every report made to him under Section 149. When he makes an entry he must exhibit a
complete copy of the entry in a conspicuous place in the chavdi and also give a written intimation to
all persons who appear to be interested in the mutation. If any objection is received, the Talathi
must enter this in a register of disputed cases. The talathi or revenue officer can call upon any
person whose rights and interests or liabilities are required to be entered in the record, to furnish or
produce for his inspection, all such information or documents needed for the correct compilation or
revision of the record. Such details must be submitted within one month of being asked for. Every
holder of agricultural land may make an application in writing to Talathi for supplying him with a
booklet containing a copy of the record of rights pertaining to such land. Any such entry is
considered to be true until the contrary is proved or a new entry is lawfully substituted in its place.
No suit shall lie against the govt or any officer of govt in respect of a claim, to have an entry made in
any record or register maintained as above.

44. What is "Warkas Land" under The Maharashtra Tenancy and Agricultural Land Act, 1948?

Refer to answer 31.

45. A sale deed was executed between Mr.A and Mr. B to buy a house, the price was partly paid and
the balance is to be paid in future, the receipt of the money which was promised to be paid leter
was not register. Advice

As per Section 17 (1) registration of such a document which shows receipt of consideration is
compulsory. The consideration will not be considered valid or admissible in evidence if it is not
registered as per provisions of section 17 (1). (needs to be checked)

46. What are the provision for "Surplus land" under The Maharashtra Agricultural Land (Cilling on
Holding) Act 1961?

Section 12 of the Maharashtra Agricultural land ceiling and holding act holds that any person or
family unit, a) has after September 26, 1970 but before October 2, 1975 held, or b) on or after
October 2, 1975, acquires, holds or comes into possession of any land (including exempted land)
which is in excess of ceiling area or c) whose land is converted into another class of land in
circumstances referred to section 11 A, such person or any member of he family unit may furnish to
the collector, a return in the prescribed form, containing particulars of all the land held by such a
person or family unit. Such a return must be filed within one month from Oct 2, 1975 or within one
month of taking possession of any land in excess of ceiling area as per clause b or within 3 months of
date of conversion in cases falling under clause c. State govt can increase the time limit for filing such
returns by an order published in Official Gazette.

If a person fails to do so within prescribed period without reasonable cause or furnishes a return
which he knows or has reason to believe is false, he becomes liable to pay penalty of not more than
Rs. 100 for such failure and not exceeding Rs. 500 for false return.

Under section 14 the Collector can hold an enquiry in respect of any person holding land in excess of
the ceiling area and determine the quantum of surplus land held by such a person or family unit.
After holding an enquiry, the collector must make a declaration stating his decision on the following
matters

a) Total area of land which the person or family unit is entitled to hold
b) The total area of land which is in excess of the ceiling area
c) The name of the landlord to whom possession of land is to be restored under Section 19 of
the act and area and particulars of such land.
d) Area, description and full particulars of the land which is delimited as surplus land.
e) The area and particulars of land out of the surplus land in respect of which title right and
interest is forfeited to the State gvt

Such declaration is to announced in front of holder of land and those interested in the land. After
declaration collector must prepare a statement giving details of the surplus land and land forfeited.
A copy of this is to be affixed by the collector in the chavdi or any other prominent place and sent to
any person who has interest in the land.

After declaration collector must take steps to restore possession to landlord mentioned in the
declaration and also take possession of land delimited as surplus land. An appeal can be filed against
any such declaration before the Maharashtra Revenue Tribunal and a revision petition can be filed
with state gvt.

47. Repair and Reconstruction Board under The Maharashtra Housing and Area Development Act
1976?

Section 18 of the MHADA act provides for the establishment of a Board to be called the Mumbai
Repairs and Reconstruction board for carrying on the activities of repair and reconstruction and slum
improvement in the city of Mumbai. The board consists of a chairman and not more than 17 other
members of whom at least 3 should be officials. At least 2 non-official members should b those who
have special knowledge or practical experience in finance, structural engineering, architecture, town
and country planning and public housing.

For powers, duties, structural repairs, cess and other such details about the board refer to questions
5, 13, 22, 34.

48. Document of which registration is compulsory under Registration Act 1908.

Refer to answer 2.

49. What are the prohibited activities under Costal Regulation Zone?
Refer to answer 16.

50. Define concept of Social Impact Assessment .

Refer to answer 18.

51. Shri Patil bought a stamp paper of Rs.100 on 9 January 2021 for affidavit. a) State the nature of
stamp paper bought by Shri pandit. b) State the validity period of the stamp paper

He has bought a non-judicial stamp paper. The validity period of stamp paper is 6 months.

52. Shri Shastri is an owner of 48 acres of Warkas Land. He wants to buy more 35 acres of Jirayat
land. a) What is the ceiling limit of Warkas land and Jirayat land as per Maharashtra Agricultural land
ceiling Act?

Warkas land is excluded from the calculation of ceiling limit as per Maharashtra Land Agricultural
And Tenancy Act. So, Shastri can buy the Jirayat land that wishes to. The Jirayat land however has a
ceiling limit of 48 acres.

53. Shriram and Pavan executed an agreement to sell a farm situated at Ratnagiri. Is a registration of
that document compulsory? What are the consequences of non-registration?

Yes as per Registration Act, a sale deed is to be compulsorily registered. Non-registration will make
the sale invalid as per section 49 of the act and no right, interest or title will be created nor can the
deed be submitted as evidence.

54. Describe the grounds of eviction of tenants.

Section 15-24 of Rent Control Act deal with recovery of possession of premises by landlord. Eviction
is allowed only under the following cases

a) Non payment of standard rent and increases

b) Commission of any act contrary to section 108 (o) of the transfer of property act
c) Erecting a permanent structure
d) Creating nuisance or annoyance
e) Tenant giving a notice to quit
f) Unlawful sub-letting or giving on licence
g) Premises given to employees of landlord
h) If the premises are reasonably and bona fide required by the landlord
i) If the premises are to be repaired
j) If the premises are to be demolished
k) If a floor is to be raised on the terrace
l) If the premises are required for immediate demolition
m) Erection of a building on a garden
n) Excessive rent charged to sublet premises
o) Premises which are not used for six months

55. Define foreshore

Foreshore is the land between the high tide and low tide water marks. It is also called the intertidal
zone. Foreshore can be a narrow strip or can run to kilometers.

Section 294 and 295 of Land Revenue Code deal with government land and foreshore. S 294 states
that all unoccupied lands within the city of Mumbai and every unoccupied portion of the seashore
below the high tide water mark are the property of the State Government, subject to right of way
and all other legally subsisting rights of members of public. Section 295 also expressly provides for
government ownership of such land. Collector may however decide on disposing of any such land in
any manner and subject to conditions he deems fit.

56. Describe the matters to be taken into consideration for acquisition of land under the Land
Acquisition Act.

First of all regard is to be had to the social impact assessment report and the expert group report on
the same for the land acquisition. Then section 8 imposes a responsibility on the government to
ensure that

a) There is a legitimate and bona fide public purpose for the proposed acquisition
b) The potential benefits and public purpose referred to outweighs the social costs and adverse
social impact as determined by the SIA carried out
c) Only the minimum area of land required for project is proposed to be acquired
d) There is no unutilised land which has been previously acquired in the area
e) The land if any acquired earlier and remained unutilised is used for such public purpose and
make recommendations in respect thereof

Section 10 also puts an additional responsibility on the government to safeguard food security and
that multi cropped land cannot be acquired unless the circumstances are exceptional.

57. What is the formula for calculation of FSI?

Floor space index is the ratio of the total land to the total area constructed. Thus the formula is

FSI = Total area constructed in all floors / total area of the land

58. Explain in short, encroachment of land.

Section 50 of the land revenue code deals with encroachment. It provides that

a) If any encroachment is there on any land vested in the state government or foreshore
b) Or if any land is being used for the purpose of selling or hawking articles without sanction of
competent authority

The collector is empowered to summarily abate or remove any such encroachment or cause such
articles exposed for sale to be removed. The expenses incurred for this are to be recovered from the
encroacher.

Section 50 also imposes penalties on such persons.

The person who encroaches or is in unauthorised use of land must pay if the land has an assessed
survey number, assessment for the period of encroachment, if it has not been assessed then such
amount as would have been leviable for similar land in the same village, town or city. If the person is
found hawking or selling, he is liable to pay a fine not exceeding Rs. 50 as determined by the
Collector. The collector is empowered to by notice prohibit or require the abatement or removal of
any encroachment on such lands from the date stated in the notice.

An encroachment may be regularised by payment of a sum not exceeding five times the value of
encroached land and an assessment not exceeding five times the ordinary land revenue.

59. Who is the person interested?

Person interested means

a) All persons claiming an interest in compensation to be made on account of the acquisition of

land under the land acquisition act
b) The scheduled tribes and other traditional forest dwellers who have lost any forest rights
recognised under the Scheduled Tribes and other traditional forest dwellers act
c) A person interested in an easement affecting the land
d) Persons having tenancy rights under the relevant state laws including share croppers by
whatever name they may be called and
e) Any person whose primary source of livelihood is likely to be adversely affected

60. Explain the meaning of ‘planning Authority’ under Maharashtra Regional and Town Planning Act,
1966

The term Planning Authority means a local authority and includes a special planning authority
constituted or appointed or deemed to have been appointed under section 40 of the Act.

61. Explain Section 50 and 51 under Maharashtra Land Revenue Code

Refer to answer 58

62. Describe the parameters to be considered while determining compensation for Acquisition of
Land.

There are 7 factors to be taken into account for fixing compensation

a) The market value determined under section 26 and the award amount in accordance with
the first and second schedule
b) The damage sustained by the person interested by reason of the taking of any standing
crops and trees which may be on the land at the time of the Collector’s taking possession
thereof
c) The damage sustained by the person interested at the time of the Collector’s taking
possession of the land by reason of severing such land form his other land
d) The damage is sustained by the person interested at the time of the Collector’s taking
possession of the land, by reason of the acquisition injuriously affecting his other property,
movable or immovable in any other manner or his earnings
e) In consequence of the acquisition of the land by the collector the person interested is
compelled to change his residence or place of business the reasonable expenses incidental
to such change
f) The damage bona fide resulting from diminution of the profits of the land between the time
of the publication of the declaration under section 19 and the time of the collector’s taking
possession of the land
g) Any ground which may be in the interest of equity justice and beneficial to the affected
families
63. Who is a Landless Person under Maharashtra Agricultural Land Ceiling and Holding Act 1961

A landless person means a person who does not hold any land or who holds land for the purpose of
agriculture not in excess of one hectare of dry crop land (or irrigated land converted as per section 5)
and who earns his livelihood principally by manual labour on agricultural land in either case.

64. Write A note on Admissibility of Instrument which are not properly stamped under Bombay
Stamp Act

Refer to answer 24

65. Write note on FSI

Floor space index is a formula which indicates the availability of total area for construction purposes
on a particular plot of land. The greater the FSI, the more you can construct. The concept of FSI is
used to limit the construction in any given part of a city. DC regulations defines FSI as the ratio of the
combined gross floor area of all floors (except exempted areas like passages, staircases, chimneys,
lift rooms and wells) to the total area of the plot.

FSI – Total area on all floors / plot area

If the total carpet area of all the floors is divided by the total area of the land on which the building is
built you get FSI. So if the FSI of a place is 1.0 and the land is 1000 sq meters then the builder can
only construct 1000 sq meters on it.

The FSI in South Mumbai is 1.33. The permissible FSI of each area is laid out in regulation 32 of DC
regulations. Additional FSI is sometimes provided for construction of educational and medical
institutions and institutions and buildings of government etc.

66. What are land record? Explain the role of ‘Talathi’ as to record of rights

Refer to answer 43

67. Write Note on – Bonafide Industrial Use

Section 63 1A provides an exemption. As per this section agricultural land can be converted for non-
agricultural purposes and non-agricultural land for one purpose can be converted for other purpose
without the permission of the collector if it is being done for bonafide industrial use. However this
can only be done for land

a) Which is in an area of the industrial zone designated by the planning authority

b) Is not part of any such demarcation
c) Or is part of area taken over by a private developer when for construction of special
township

In the case of land exceeding 10 hectares to be used for bonafide industrial purpose, permission of
the Development commissioner industries might be needed.

Bonafide industrial use has been defined in the section as

a) Any manufacturing, processing or preservation of goods for industries, handicrafts or

business enterprise
b) Any tourism related activity in an area notified as a tourist places or hill station by the state
government.
It also includes construction of industrial buildings for power projects, research development,
ancillary services, accommodation to workers of concerned industry or establishing an industrial
estate including a co-operative industrial estate, service industry, cottage industry, gramodyog etc

68. Explain in detail permissible activities under C.R.Z Regulation

Under CRZ I

a) Projects relating to department of atomic energy

b) Pipelines and conveying systems, including transmission lines
c) Facilities essential for activities permissible in CRZ-I
d) Installation of weather radar for monitoring cyclones
e) Construction of transharbour link
f) Construction of greenfield airport in navi Mumbai

Under CRZ II

a) Buildings on the landward side of an existing road or on the landward side of an existing
authorised structure
b) Reconstruction of authorised buildings
c) Desalination plants and associated facilities
d) Storage of non-hazardous cargo like edible oil, fertilizers and food grain in notified areas
e) Facilities for non conventional power generation

Under CRZ III

a) Agriculture, horticulture, gardens, pastures, parks, playfields and forestry

b) Projects related to dept of atomic energy
c) Mining of rare minerals, manufacture of salt from seawater
d) Facilities for generating power by non conventional energy sources
e) Weather radars
f) Construction of dispensaries, schools, bridge, roads etc
g) Facilities for local fishing communities
h) Greenfield airport at Navi Mumbai

Under CRZ IV

NO restrictions on fishing and allied activities undertaken by local communities.

69. What is Sanad under MLRC ACT 1966?

A Sanad is an authority in writing by the state authorising a person to hold land of a specified tenure
mentioned in the Sanad. Provision of sanad applies to all land in villages, town or city in the state of
Maharashtra. When there is a conversion of land use from one purpose to another, a Sanad is given
by the Collector. Every holder of a building site and every holder of a building site newly formed
after a survey conducted as per the act is entitled to receive one or more sanad in the prescribed
form.

A sanad contains

a) Description of the land with its area and plan

b) Assessment of such land
 c) The tenure on which the particular site is held and terms of such a tenure
d) Whether the holding is transferable and heritable
e) In cases of occupancy of a limited period, the period of non-agricultural use.

When any holder of land has paid survey fees, he is not supposed to pay additional fees to get a
sanad. If however he is exempt from survey fees, then he has to pay Rs. 1 per sanad. If the holder of
a sanad informs authorities that the same has been lost of accidentally destroyed, a copy of the
sanad so lost or destroyed may be given to him on payment of a particular fees. The terms of
occupancy of sanad are binding on holder and government. When two people stake claim on the
same property, a sanad is the prima facie evidence of title of such property, but it is not conclusive
evidence. If after granting sanad there is an alteration in the holding of a sanad holder, a fresh sanad
specifiying the extent and conditions of his altered holding can be issued on payment of a fees.