1.

Adhesive stamp

Introduction:
Section 11 of The Maharashtra Stamp Act, 1958 talks about Use of
adhesive stamps, whereas section 12 talks about Cancellation of adhesive
stamps.

Section 11. Use of adhesive stamps

The following instruments may be stamped with adhesive stamps,

namely-

(a) instruments chargeable [with a duty not exceeding ten naye paise], except
parts of bills of exchange payable otherwise than on demand and drawn in sets;

(b) bills of exchange and promissory notes drawn or made out of;

(c) entry as an advocate, vakil or attorney on the role of a High Court;

(d) notarial acts; and

(e) transfers by endorsement of shares in any incorporated company or other

body corporate.

Section 12. Cancellation of adhesive stamps

(1)
(a) Whoever affixes any adhesive stamp to any instrument
chargeable with duty which has been executed by any person shall,
when affixing such stamp, cancel the same so that it cannot be used
again; and
(b) Whoever executes any instrument on any paper bearing an
adhesive stamp shall, at the time of execution, unless such stamp has
been already cancelled in the manner aforesaid, cancel the same so
that it cannot be used again.
(2) Any instrument bearing an adhesive stamp which has not been
cancelled so that it cannot be used again, shall, so far as such stamp is
concerned, be deemed to be unstamped.
 (3) The person required by sub-section (1) to cancel an adhesive stamp may
cancel it by writing on or across the stamp his name or initials or the name
or initials of his firm with the true date of his so writing, or in any other
effectual manner.

If a person required to cancel an adhesive stamp fails to do so, he is

punishable with fine which may extend to Rs 100 (S 61)

2. Impressed stamps
Introduction:
Section 2(k) of The Maharashtra Stamp Act, 1958 states impressed
stampas-,
“Impressed stamp” includes—
(i) labels affixed and impressed by the proper officer,
(ii) stamps embossed or engraved on stamped paper;
(iii) impression by franking machine;
(iv) impression by any such machine as the State Government may,
by notification in the Official Gazette, specify;
(v) receipt of e-payment;

Instruments stamped with impressed stamps how to be written:

Section 13 of The Maharashtra Stamp Act, 1958 states how to be write
impressed stamps-
Every instrument for which sheet of paper stamped with impressed stamp
is used shall be written in such manner that the writing may appear on the face
and, if required, on the reverse of such sheet so that it cannot be used for or applied
to any other instrument.
Explanation I.—
Where two or more sheets of papers stamped with impressed stamps are
used to make up the amount of duty chargeable in respect of any instrument,
either a portion of such instrument shall be written on each sheet so used, or the
sheet on which no such portion is written shall be signed by the executant or one
of the executants, with an endorsement indicating that the additional sheet is
attached to the sheet on which the instrument is written.
Explanation II —
Where the sheet or sheets bearing impressed stamps is or are insufficient to
admit of the entire instrument being written thereon, so much plain paper may be
subjoined thereto as may be necessary for completing the writing of such
instrument, provided a substantial part of the instrument is written on the sheet
which bears the stamp before any part is written on the plain paper so subjoined;
and such plain paper may or may not be signed by the executant but where it is
not so signed it shall not render the instrument not duly stamped.

3. Adjudication of Stamp Duty

INRODUCTION:
Adjudication is process by which an opinion of Collector is obtained as to
the duty, if any, with which or the Article under which that instrument is
chargeable. It is the process of valuing the immovable property and arriving at
its market value and ascertaining the proper stamp duty is called adjudication.
Procedure for adjudication of stamp duty
For the purpose of adjudication, the person who is a party to the
instrument has to furnish a true copy of the instrument and an affidavit stating
the facts and such other evidences as required, along with prescribed fee.
In case of a signed document, adjudication must be done within one
month otherwise two percent interest per month will be levied as penalty from
the date of signature.
In The Maharashtra Stamp Act, 1958 Section 31 explains Adjudication as
to proper stamps:
(1) When an instrument, whether executed or not and whether previously
stamped or not, is brought to the Collector, [by one of the parties to the
instrument and such person] applies to have the opinion of that officer as
to the duty (if any) with which [or the Article of Schedule I under which]
it is chargeable and pay [a fee of one hundred rupees] the Collector shall
determine the duty (if any) with which [or the Article of Schedule I under
which] in his judgment, the instrument is chargeable].
 (2) For this purpose the Collector may require to be furnished with [a true
copy or] an abstract of the instrument, and also with such affidavit or other
evidence as he may deem necessary to prove that all the facts and
circumstances affecting the chargeability of the instrument with duty, or
the amount of the duty with which it is chargeable, are fully and truly set
forth therein and may refuse to proceed upon any such application until
[such true copy or abstract] and evidence have been furnished accordingly:

Provided that,-
(a) no evidence furnished in pursuance of this section shall be used against
any person in any civil proceeding, except in any inquiry as to the duty
with which the instrument to which it relates is chargeable; and
(b) every person by whom any such evidence is furnished shall, on payment
of the full duty with which the instrument to which it relates is chargeable,
be relieved from any penalty which he may have incurred under this Act
by reason of the omission to state truly in such instrument any of the facts
or circumstances aforesaid.

(3) Where the Collector acting under sub-sections (1) and (2) is not the
Collector of the District and if he has reasons to believe that the market
value of the property, which is the subject matter of the instrument,
received by him for adjudication, has not been truly set forth therein, [he
shall, for the purpose of assessing the stamp duty, determine the true
market value of such property, as laid down in the Bombay Stamp
(Determination of True Market Value of Property) Rules, 1995.] ]
(4) When an instrument is brought to the Collector for adjudication,-
(i) within one month of the execution or first execution of such
instrument in the State; or
(ii) if, such instrument is executed or first executed, out of the State,
within three months from the date of first receipt of such instrument
in this State,
The person liable to pay the stamp duty under section 30 shall pay
the same within sixty days from the date of service of the notice of demand
in respect of the stamp duty adjudicated by the Collector. If such person
 fails to pay the stamp duty so demanded within the said period, he shall be
liable to pay a penalty at the rate of two per cent of the deficient portion of
the stamp duty, for every month or part thereof, from the date of execution
of such instrument, or as the case may be, date of the first receipt of such
instrument in the State]
[Provided that, in no case, the amount of the penalty shall exceed double the
deficient portion of the stamp duty.

4. Impounding of Instruments

INTRODUCTION:
Section 33 of The Maharashtra Stamp Act, 1958 talks about
Impounding of Instruments.
Provision of this section is given as-
Section 33:
(1) Every person having by law or consent of parties’ authority to receive
evidence, and every person in charge of a public office, except an officer of
police before whom any instrument chargeable, in his opinion, with duty, is
produced or comes in the performance of his functions shall, if it appears to him
that such instrument is not duly stamped, impound the same.

(2) For that purpose every such person shall examine every instrument so
chargeable and so produced or coming before him in order to ascertain whether
it is stamped with a stamp of the value and description required by the law for the
time being in force in the State when such instrument was executed or first
executed:

Provided that-
(a) nothing herein contained shall be deemed to require any Magistrate or
Judge of a Criminal Court to examine or impound, if he does not think fit
so to do any instrument coming before him in the course of any proceeding
other than a proceeding under;
(b) in the case of a judge of a High Court, the duty of examining and
impounding any instrument under this section may be delegated to such
officer as the Court may appoint in this behalf.

(3) For the purposes of this section, in cases of doubt, -

 (a) the State Government may determine what offices shall be deemed to
be public offices; and
(b) the State Government may determine who shall be deemed to be
persons in charge of public offices.

33A. Impounding of instruments after registration. - When through mistake

or otherwise any instrument which is not duly stamped is registered under the
Registration Act, 1908, the registering officer may call for the original instrument
from the party and, after giving the party an opportunity of being heard and
recording the reasons in writing and furnishing a copy thereof to the party,
impound it. On failure to produce such original instrument by the party, a true
copy of such instrument taken out from the registration record shall, for the
purposes of this section, be deemed to be the original of such instrument

5. Structural repairs

INTRODUCTION
Under Maharashtra Housing & Area Development Act, in CHAPTER
VIII various provisions regarding Structural repairs are given between Section
88 to Section 103.
MEANING OF STRUCTURAL REPAIRS
It means 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, such as, staircases, passages, water
closets or privies by new one of the like material or materials, or of different
material or materials including change in the mode of construction like converting
load bearing wall type or timber framed structure to an R. C. C. one, or a
combination of both, which repairs or replacement in the opinion of the Board, if
not carried out expeditiously, may result in the collapse of the building or any
such part thereof; and "structural repairs" includes repairs and replacement of all
items which are required to be repaired or replaced as a consequence of the repairs
or replacement aforesaid which are carried out or to be carried out, and also
repairs and replacement of the roof (both not replacement of the tiles only) and
of the drain pipes (including house gullies) fixed to the building, which, if not
repaired or replaced simultaneously with structural repairs would cause further
damage to the building. When such repairs to any building or any part thereof are
carried out by the Board the building shall be deemed to be structurally repaired
under this Act;

Section 88 - Board to undertake structural repairs to buildings which are in

ruinous condition and likely to deteriorate and fall.-

(1) Subject to the other provisions of this Chapter, where the Board on
consideration of the information given by the Municipal Commissioner, or a
report of its officer authorised for the purpose, or other information in its
possession, is satisfied that any building, which is occupied by persons, is in such
a ruinous or dangerous condition, that it is imminently likely to fall unless
structural repairs which will render it fit and safe for habitation, are urgently done,
then in such cases, the Board shall, subject to the provisions of sub-section (3),
undertake such repairs to that building.

(2) The Board may prepare a list of such buildings setting out the order of priority
or urgency in respect of which structural repairs are necessary, and may undertake
simultaneously or in such order of priority the structural repairs according to the
exigencies of the case and its resources.
(3) If the Board is of opinion that-
(a) the cost of structural repairs to [a building, per square metre, will exceed such
amount, as may be specified by the State Government, by notification in
the Official Gazette, to be the structural repairs cost per square metre, or
(b) the cost of structural repairs to, but the size of the land on which such building
is standing is such that for some reason or the other it would not be possible or
economical to erect any new building thereon and there is an adjoining building
but the cost of structural repairs to.
Then in cases falling under clause (a) or clause (b) the Board,
notwithstanding anything contained in this Chapter, may not consider such
building or buildings for repairs and may issue a certificate to that effect to the
owner or owners thereof, as the case may be, fix a copy of the relevant certificate
in some conspicuous part of the building or buildings for the information of the
occupiers and proceed to take action.
Provided that, in cases of special hardship, the Board may, on such terms and
conditions as it may deem fit to impose, consider a building for structural repairs
even if the cost of such repairs is likely to exceed the limit aforesaid:
Provided further that, where in any case the occupiers of a building undertake that
they shall bear the cost of such repairs which. are in excess of [the amount
specified under clause (a)] and abide by such terms and conditions for payment
of the excess cost to the Board as it may think fit to impose, the Board may carry
out structural repairs to such building.
(4) The Municipal Commissioner shall, from time to time, send to the Board, full
particulars of the buildings which are in a ruinous or dangerous condition and the
condition of which is such that they are likely to fall if structural repairs are not
urgently undertaken or in respect of which he has served notice under section 354
of the Corporation Act, but the same have not been complied with.

6. Floor Space Index (FSI)

MEANING:
“FLOOR SPACE INDEX (FSI)” means the quotient of the ratio of the
combined gross floor area of all floors excepting area specifically exempted under
these Regulations, to the total area of the plot viz.

Floor Space Index:

Built up area of all floors

Floor Space Index (FSI) = ______________________
Plot area

1) A) In plots situated in Residential, Commercial, Industrial or No

Development zone, the owner shall be entitled to construct floor space
equivalent to the product of net plot area with admissible FSI prescribed
under Regulation. For this purpose, the net plot area shall be arrived at
after deducting the following from the gross area.
i. The area under reservation/designation proposed in the
development plan, if any,
ii. Area under regular line of street, if any,
 B) The area under recreational open space if any, prescribed under
Regulation (c) (i) and the area under public amenities if any, prescribed
under Regulation (c) (ii) shall not be deducted for deriving net plot area.

C) The total floor space admissible in a net plot / sub plot viz. from the
FSI of the plot and that from DR should be recorded on the copy of
layout or on the block plan in the case of construction of a single
building. The owner may utilize this FSI in phases.

2) Every part of a holding assigned a separate zone in the Development

Plan shall be considered as an independent entity for computing
FSI/DR. The value of FSI assigned to a plot shall depend on:
(i). the size of the holding under development of which the plot
forms a part;
(ii). the width of road on which the plot abuts,
(iii). the user assigned to the plot in the development plan.

7. Transfer of Development rights (TDR)

Transfer of Development Rights:

In certain circumstances, the development potential of a plot of land
may be separated from the land itself and may be made available to the
owner of the land in the form of Transferable Development Rights (TDR)
Under the TDR policy, builders are compensated in kind if they
surrender a part of their land to government for public purposes like
construction of park, widening of a road or slum rehabilitation. The
purpose of TDR is to shift building activities from intensively developed
parts of a city to moderately or sparsely developed parts thereof.

Road widening and construction of new roads:

The Planning Authority may permit additional floor space index on
100 per cent of the area required for road widening or for construction of
new roads proposed under the development plan or those proposed under
the Local Authority Act, if any, excluding areas of internal means of
access, if the owner (including the lessee) of such land surrenders such land
for road widening or new road construction without claiming any
compensation in lieu thereof and hand over the same to the Planning
 Authority free of encumbrances to the satisfaction of the Planning
Authority.
Such 100 per cent of the FSI on land so surrendered to the Planning
Authority may be utilized on the remainder of the land up to a limit of 40
per cent of the area of the plot remaining after such surrender and the
balance FSI remaining thereafter shall be allowed to be utilized as a
Development Right in accordance with the Regulations governing Transfer
of Development Rights (TDR) or the full F.S.I. on the land surrendered to
the Planning Authority may be allowed to be used as Development Right
in accordance with the Regulation governing Transfer of Development
Rights (TDR).
Thereafter, the road land shall be transferred in the revenue records
in the name of the Planning Authority and shall vest in it becoming part of
a public street.

8. Grant of Sanad
Grant of sanad. –
Where land is permitted to be used for non-agricultural purpose, then
subject to the provisions of any law for the time being in force a sanad shall
be granted to the holder thereof in the form in Schedule IV if the land is
situated outside the jurisdiction of the Planning Authority, and in the form
in Schedule V if the land is situated within the jurisdiction of the Planning
Authority.

Grand of sanad without extra Charge –

Every holder of a building site as aforesaid and every holder of a
building site newly formed or first used as such, after the completion of a
survey under section 126 shall be entitled, where the holder is required to
pay survey fee provided therefor, to receive from the Collector without
extra charge one or more sanads, in the form of Schedule C or to the like
effect specifying by plan and description the extent and conditions of his
holding and where a holder is not required to pay any survey fee, he shall
be entitled to receive such sanad or sanads on payment of a fee of 1[one
rupee or such amount as may be prescribed, whichever is higher,] per
sanad.
Every such sanad shall be executed on behalf of the Governor by
such person as he may direct or authorise, provided that, if such holder
does not apply for such sanad or sanads at the time of payment of the survey
 fee or thereafter within one year from the date of the public notice
issued by the Collector under section 127, the Collector may require him
to pay an additional fee not exceeding 1[one rupee or such amount as may
be prescribed, whichever is higher,] for each sanad.

Grand of sanad on alteration of holding –

After a survey has been made under section 126, and after sanads
have been granted under section 129, every holder of a building site as
aforesaid whose holding is altered by increase, decrease, sub-division,
alteration of tenure or otherwise shall be entitled on payment of a
correction fee to be fixed by regulations made by the Collector with the
sanction of the Commissioner for each village, city or town to receive from
the Collector a fresh sanad in the form of Schedule C or to the like effect
specifying by plan and description the extent and conditions of his altered
holding or, as the case may be, to have the sanad already issued to him
under section 129 amended by the Collector.

Duplicate Sanad –
If any holder informs the Collector that the sanad granted to him has
been lost or destroyed by accident, a copy of the sanad granted to him under
section 129 or section 130 may be given to him on payment of such charges
or fees, if any, as may be prescribed.

9. Nistar Patrak:
Introduction:
In land records, Nistar Patrak came under Rights in unoccupied land
between Section 161 to section 164 of Maharashtra Land Revenue Code, 1966.
Provisions of Nistar Patrak are as follows;
Section 161: Nistar Patrak.
(1) The Collector shall consistently with the provisions of this Code
and the rules made thereunder, prepare a Nistar Patrak embodying a
scheme of management of all unoccupied land in a village and all
matters incidental thereto, and more particularly the matters
specified in section 162.
 (2) A draft of the Nistar Patrak shall be published in the village and
after ascertaining the wishes of the residents of the village in the
manner determined by the Collector, it shall be finalised by the
Collector.

(3) On a request being made by the village panchayat, or where there

is no village panchayat, on the application of not less than one-fourth
of the adult residents of a village, the Collector may, at any time,
modify any entry in the Nistar Patrak after such enquiry as he deems
fit.

S. 162. Matters provided

The following matters shall be provided in a Nistar Patrak, that is to
say -
(a) the terms and conditions on which grazing of cattle in the
village will be permitted;

(b) the terms and conditions on which and the extent to which
any resident of the village may obtain-
(i) wood, timber, fuel or any other forest produce;
(ii) moram, kankar, sand, earth, clay, stones or any
other minor minerals;

(c) instructions regulating generally the grazing of cattle and

removal of articles mentioned in paragraph;

(d) any other matter required to be recorded in the Nistar

Patrak by or under this Code.

S. 163. Provisions:

In preparing a Nistar Patrak the Collector shall, as far as possible,

make provision for—

(a) free grazing of the cattle used for agriculture ;

(b) removal free of charge by the residents of the village

for their bona fide domestic consumption of any—
(i) forest product ; (ii) minor minerals ;
 (c) the concessions to be granted to the village craftsmen for
the removal of articles specified in clause (b) for the purpose
of their craft.

S. 164 – Rights in Waste land of another village

(1) Where the Collector is of the opinion that waste land of any
village is insufficient and it is in the public interest to proceed under
this section, he may after such enquiry as he deems fit, order that the
residents of the village shall have a right of Nistar or a right of
grazing cattle, as the case may be, in the neighbouring village to the
extent specified in the order.

(2) The residents of a village having a right of grazing cattle in the

neighbouring village under sub-section (1), or government forest
may make an application to the Collector for recording their right of
passage for the purpose of exercising the rights.

(3) If, on enquiry into an application made under sub-section (2), the
Collector finds that the right of passage is reasonably necessary to
enable such residents to exercise a right to graze their cattle in any
other village or in a Government forest, he shall pass an order
declaring that such right of passage exists and shall state the
conditions upon which it shall be exercised.

(4) The Collector shall, thereupon, determine the route of passage

through unoccupied land and shall restrict such route in such manner
as to cause minimum inconvenience to the residents of the village
through which it passes.

(5) The Collector may, if he thinks fit, demarcate such route.

(6) Orders passed by the Collector under this section shall be

recorded in the Nistar Patrak.

(7) Where the village mentioned in sub-section (1) lie in different

districts, the following provisions shall apply, namely-
 (a) the orders specifying the right of Nistar or the right of
grazing cattle shall be passed by the Collector in whose
district the village over which such right is claimed lies;

(b) any orders regarding route of passages shall be passed by

the Collector in whose respective jurisdiction the area over
which passage is allowed lies;

(c) the Collector passing an order in accordance with clauses

(a) and (b) shall consult in writing the other Collector
concerned.

10. Wajib-ul-arz.
Introduction:
In land records, Wajib-ul-arz came under Rights in unoccupied land of
Maharashtra Land Revenue Code, 1966.
It simply means, “Any land or water belonging to or controlled or
managed by the State Government or a local authority, and such record
shall be known as the Wajib-ul-arz of the village”
Provisions of Wajib-ul-arz are as follows;
Section 165: Wajib-ul-arz
(1) As soon as may be after this Code comes into force, the Collector shall,
according to any general or special order made by the State Government in
that behalf, ascertain and record the customs in each village in regard to––
(a) the right to irrigation or right of way or other easements;
(b) the right to fishing; in any land or water belonging to or
controlled or managed by the State Government or a local authority, and
such record shall be known as the Wajib-ul-arz of the village.

(2) The record made in pursuance of sub-section (1) shall be published by

the Collector in such manner as he may deem fit and it shall, subject to the
decision of a Civil Court in the suit instituted under sub-section (3), be final
and conclusive.

(3) Any person aggrieved by any entry made in such record may, within
one year from the date of the publication of such record under sub-
 section (2), institute a suit in a Civil Court to have such entry cancelled or
modified.

(4) The Collector may, on the application of any person interested therein
or on his own motion, modify any entry or insert any new entry in the
Wajib ul-arz on any of the following grounds that, -
(a) all persons interested in such entry wish to have it modified; or

(b) by a decree in a civil suit, it has been declared to be erroneous;

or

(c) being founded on a decree or order of a Civil Court or on the

order of a revenue officer, it is not in accordance with such decree
or order; or

(d) that, being so founded, such decree or order has subsequently

been varied on appeal, revision or review; or

(e) the Civil Court has by a decree determined any custom existing
in the village.

11. CEILING LIMIT

INTRODUCTION:
The Urban Land (Ceiling & Regulation) Act 1976 was passed by the
government on dated 17 February, 1976. It helps to prevent individuals
holding land above a certain size and to facilitate housing for the urban
poor.
The act allowed state governments to acquire vacant land for public
housing in urban centers, if it exceeded the ceiling per individual.
To regulate the construction of buildings on such land and for matters
connected therewith, with a view to preventing the concentration of urban
land in the hands of a few persons and speculation and profiteering therein
and with a view to bringing about an equitable distribution of land in urban
area to subserve the common good

CEILING LIMIT
 Subject to the other provisions of this section, in the case of every
person, the ceiling limit shall be,
a) Where vacant land is situated in an urban agglomeration falling within
category A specified in schedule I, five hundred square meters (500 sq.
mtr);
b) Where such land is situated in an urban agglomeration falling within
category B specified in schedule I, one thousand square meters;
(1000sq.mtr);
c) Where such land is situated in an urban agglomeration falling within
category C specified in schedule I, one thousand five hundred square
meters; (1500sq.mtr);
d) Where such land is situated in an urban agglomeration falling within
category D specified in schedule I, two thousand square meters.
(2000sq.mtr);
Where any person holds vacant land situated in two or
more categories of urban agglomerations specified in Schedule I, then, for the
purpose of calculating the extent of vacant land held by him.

12. URBAN LAND

INTRODUCTION
The Urban Land (Ceiling & Regulation) Act 1976 was passed by the
government on dated 17 February, 1976. It helps to prevent individuals
holding land above a certain size and to facilitate housing for the urban
poor. In this Act definition has been given under section 2. According to this
meaning of various terms mention in this act. Here we discussing some
important things, which are-

According to Section 2 (O) “URBAN LAND” means,—

(i) any land situated within the limits of an urban agglomeration and referred
to as such in the master plan; or
(ii) in a case where there is no master plan, or where the master plan does not
refer to any land as urban land, any land within the limits of an urban
agglomeration and situated in any area included within the local limits of -
 municipality (by whatever name called),
 a notified area committee,
 a town area committee,
 a city and town committee,
 a small town committee,
 a cantonment board or a panchayat,

Urban land does not include any such land which is mainly used for the
purpose of agriculture.
“agriculture” includes horticulture, but does not include—
1. raising of grass,
2. dairy farming,
3. poultry farming,
4. breeding of live-stock,
5. any such cultivation, or the growing of such plant, as may be
prescribed;
 land shall not be deemed to be used mainly for the purpose of
agriculture, if such land is not entered in the revenue or land records
before the appointed day as for the purpose of agriculture: Provided that
where on any land which is entered in the revenue or land records before
the appointed day as for the purpose of agriculture, there is a building
which is not in the nature of a farmhouse, then, so much of the extent of
such land as is occupied by the building shall not be deemed to be used
mainly for the purpose of agriculture: Provided further that if any question
arises whether any building is in the nature of a farm-house, such question
shall be referred to the State Government and the decision of the State
Government thereon shall be final;
 13. SOCIAL IMPACT ASSESSMENT (SIA).
INTRODUCTION
The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (RFCTLARR) Act enacted in 2013 has address
the long standing popular discontent over perceived arbitrariness of state action
in land acquisition matters by creating an elaborate scheme of engagement with
affected communities by incorporating the provision of social impact
assessment (SIA). To be conducted by an independent agency, the study
examines the 'public purpose' of the project, justification for the extent of land
sought to be acquired and nature and degree of potentially adverse social and
economic consequences.
This act aims to address the long standing popular discontent over
perceived arbitrariness of State action in land acquisition matters by
creating an elaborate scheme of engagement with affected communities by
incorporating the provision of social impact assessment.

14. VACANT LAND

INTRODUCTION
The Urban Land (Ceiling & Regulation) Act 1976 was passed by the
government on dated 17 February, 1976. It helps to prevent individuals
holding land above a certain size and to facilitate housing for the urban
poor. In this Act definition has been given under section 2. According to this
meaning of various terms mention in this act. Here we discussing some
important things, which are-

According to Section 2 (Q) “VACANT LAND” means land, not being

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

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

15. Duly stamped –

Introduction:
Section 2(h) of THE MAHARASHTRA STAMP ACT give definition of
Duly stamped. As per defination,
“Duly stamped”, as applied to an instrument, means that the instrument
bears an adhesive or impressed stamp of not less than the proper amount, and
that such stamp has been affixed or used in accordance with the law for the time
being in force in India.
In case of adhesive stamps, the stamps have to be effectively cancelled
so that they cannot be used again.
Similarly, impressed stamps have to be written in such a way that it
cannot be used for other instrument and stamp appears on face of instrument. If
stamp is not so used, the instrument is treated as ‘un- stamped’.
Similarly, when stamp duty paid is not adequate, the document is treated
as ‘not duly stamped’
 16. Family Unit
INTRODUCTION:
In The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961,
SECTION 4 TALKS ABOUT LAND HELD BY A FAMILY UNIT.
According to this –
(1) All land held by each member of a family unit, whether jointly or separately,
shall for held the purposes of determining the ceiling area of the family unit, be
deemed to be held by the family unit.
Explanation.- A " family unit " means,-
(a) a person and his spouse (or more than one spouse) and their minor
sons and minor unmarried daughters if any; or
(b) where any spouse is dead, the surviving spouse or spouses, and the
minor sons and minor unmarried daughters; or
(c) where the spouses are dead, the minor sons and minor unmarried
daughters of such deceased spouses.
(2) For the purposes of this section, all declarations of dissolution of marriage
made by a Court after the 26th day of September 1970, and all dissolutions of
marriage by custom, or duly made, pronounced or declared on or after that date
shall, for the purposes of determining the ceiling area to be held by a family
unit, be ignored; and accordingly, the land held by each spouse shall be taken
into consideration for that purpose, as if no dissolution had taken place.
But, if a proceeding for dissolution of marriage has commenced before
any Court before the aforesaid date, then the dissolution of marriage shall have
full effect (whether the marriage is dissolved before or after that date), and shall
be taken into consideration in determining the ceiling area of a family unit.
 17. ‘PUBLIC PURPOSE’
According to Section 3 of the Land Acquisition Act, 1894, acquisition
of land for ‘public purpose’ includes, among others: provision or planned
development of village sites; provision of land for town or rural planning; the
provision of land for planned development of land from public funds in
pursuance of a scheme or policy of the Government; and the provision of land
for a corporation owned or controlled by the State. The land owners get only the
current price value of the land as compensation.
Article 31(2) categorically states that a land can be acquired by the state
only for Public Purpose.
Anything which is useful to the public, in the sense that it confers some
public benefit, or conduces to some public advantage, is a public purpose. It is
the requirement of public purpose that is determining factor on the question
whether or not a particular land should be acquired, and the considerations of
hardships to the individuals cannot outweigh the question of public demand.

Section 3(f) of The Land Acquisition Act defines public purpose as

the expression public purpose includes-
(i) the provision of village-sites, or the extension, planned
development or improvement of existing village-sites;
(ii) the provision of land for town or rural planning;
(iii) the provision of land for planned development of land from
public funds in pursuance of any scheme or policy of Government
and subsequent disposal thereof in whole or in part by lease,
assignment or outright sale with the object of securing further
development as planned;
(iv) the provision of land for a corporation owned or controlled by
the State;
(v) the provision of land for residential purposes to the poor or
landless or to persons residing in areas affected by natural
calamities, or to persons displaced or affected by reason of the
implementation of any scheme undertaken by Government, any
local authority or a corporation owned or controlled by the State;
(vi) the provision of land for carrying out any educational, housing,
health or slum clearance scheme sponsored by Government or by
 any authority established by Government for carrying out any such
scheme, or with the prior approval of the appropriate Government,
by a local authority, or a society registered under the Societies
Registration Act, 1860 (21 of 1860), or under any corresponding
law for the time being in force in a state, or a co-operative society
within the meaning of any law relating to co-operative societies for
the time being in force in any State;
(vii) the provision of land for any other scheme of development
sponsored by Government or with the prior approval of the
appropriate Government, by a local authority;
(viii) the provision of any premises or building for locating a public
office, but does not include acquisition of land for companies.
The expression Public Purpose is not to be strictly construed under
Section 3(f) of Land Acquisition Act, it is an inclusive definition of public
purpose and from time to time the courts have held different purposes to be
Public Purpose. It is not possible to give an exact and all-embracing definition
of public purpose.

Public Purpose includes the following aims:

1. In which general interest of the community, or a section of the
community, as opposed to the particular interests of the individuals, is directly
or vitally concerned;
2. Which would preserve or promote public health, comfort or safety of
the public, or a section of it, weather or not the individual members of public
may make use of the property acquired;
3. Which would promote public interest, or tend to develop the natural
resources of the state;
4. Which would enable department of the government to carry on its
governmental functions;
5. Which would serve the public, or a section of it, with some necessarily
or convenience of life, which may be required by the public as such, provided
that the public may enjoy such service as of right; or
6. Which would enable individuals to carry on a business, in a manner in
which it could not be otherwise be done, if their success will indirectly enhance
public welfare, even if the acquisition is made by a private individual, and the
public has no right to any service from him, or to enjoy the property acquired;
or
7. If the use to which the property would be put, is one of the widespread
general public benefit not involving any right on the part of the general public
itself, to use the property or;
8. Which would result in an advantage to the public; it is not necessary
that the property, or the work upon it, should be available to the public as such;
the acquisition may be in favour of individuals, but, in furtherance of scheme of
public utility, which would result in enhancement of public welfare.

18. What is a Cessed Building under MHADA.

Cessed building is a building which pays Cess Tax which actually
means a Repair Fund. These buildings are mainly present in South Mumbai,
where construction dates back to pre-independence era.

This term is important with regards to redevelopment, repairs and

reconstruction, or simply, transforming the ownership of a building. Maharashtra
Housing and Area Development Act, 1976 (MHADA) makes special provisions
for repairs and reconstruction of “cessed” buildings.

Law has many provisions for undertaking repairs and reconstruction

for/ of cessed buildings but not a single one deals with that of non-cessed
buildings. Under MHADA, different provisions are applicable to different
categories of cessed buildings. These categories are based on their dates of
creation / existence and amount of cess leviable on buildings varies accordingly.

According to Sect. 84 of MHADA we can says:

1. Category A of cessed buildings – building erected before

1 September 1940.
2. Category B of cessed buildings – building erected between
1 September 1940 and 31 December 1950 (both days inclusive).
3. Category C of cessed buildings – building erected between 1 January 1951
and 30 September 1959
Record of Rights
Introduction:

Ownership and use of land can be guaranteed, if the land records

are kept and the laws governing land relationships are published. The land
records are shows the state of ownership and property rights. In land
deals investigation of the land records is essential to ascertain who the
actual owner is.

Over time the "Law" which developed to regulate land

relationships has come to focus on classifying the persons using
land according to ownership categories and the purpose for which
they are using land.

Record of Right is land record where all sorts of right and liabilities
in respect of every piece of land are registered.

Subject of Record of Right was discussed in the year 1897 for the
purpose of settlement. Settlement is the process which determines
amount of land payable to the Government. A first code was prepared on
this subject in the year 1903. This code was replaced and incorporated as
chapter 10-A in the Bombay Land Revenue Code, 1913. The
responsibility for payment of revenue is fixed on the basis of the Record
of Rights. Later on the statutory provisions of the Record of Rights are
incorporated in chapter 10-A of the Maharashtra Land Revenue code
1966.

Importance of record of right:-

The provisions made in the Maharashtra Land Revenue Code,

1966 are revenue-oriented. Although recent time land revenue is not
important source of income of the state, this record remained important
because this is registered of rights and liabilities.

After independent rapid development in industry and commerce

took place, area under urbanization is also increased. With the result
prices of land soared. People found real estate a reliable place for
investment. Record of Right became one of the most important
documents for investigation of title.

Registered of Record of Right and Registered of crops is prepared

and maintained by Talathi in the combined village form VII-XII and
Registered of Mutation in village form VI.

Information available in record of rights:-

1. Names of all persons who are acquired some rights in the land,
nature and limits of their rights and conditions under which the
rights are acquired by them. Rent or revenue required to pay by
them.
2. Details of charges of attachment and decrees under the order of
civil court or revenue authorities
3. Details of loan taken by the occupant
4. If land is classified as a “fragment” under the section 6 of the
Bombay prevention of fragmentation and consolidation of holding
Act 1947, the same is noted in this record.
5. Easement, such as right of way is entered in this record.

Procedure of change in rights:-

Any person acquiring by succession, survivorship, inheritance,

partition, purchase mortgage, gift, lease or otherwise, any right as holder,
occupant , owner, mortgagee , land lord, Government lessee or tenant of
the land has obligation to report in writing his acquisition of such right to
the Talathi within three months from the date of such acquisition.

When any document is registered under Registration Act 1908,

creating any right on land, registering officer has to send intimation to the
Talathi and Tahasildar in the first week of each month in respect of
documents registered in the preceding month.

After receipt of acquisition report from the person or receipt of

intimation from the registering officer, Talathi has to make entry of the
same in the registered of mutation. To safeguard interest of the person
acquiring right or intend to acquire right in the land Talathi has to write
mutation number on record of right by pencil. He has to post up complete
copy of the mutation entry in a conspicuous in the Chavdi. Also he has to
give written intimation to all persons whose names appeared on record of
rights, register of mutation and to any other person to whom he has reason
to believe that they are interested therein. Circle inspector has to certify
the mutation entry after verifying correctness of the entry. Talathi has to
correct relevant village forms and their abstract in accordance with the
certified entry.

Where collector‘s permission is required to obtain before acquiring

right, person has to apply in prescribed form to the collector. Where right
is acquired without permission, Talathi has to record this fact in the
register of mutation. Right so acquired will be treated as a null and void.