- LONG ANSWERS -

Provisions Related to Removal of Encroachment on the Land Vesting in Government as per

Maharashtra Land Revenue Code 1966 -

Introduction-

Land Provides Us With our Basic Necessities Such as Food, Clothing and Shelter. It Has Always Been an
Important Axis for Economic Activities Necessary To Sustain Human Life. No Developmental Activity Is Possible
Without Taking Land Into Consideration. Goods Can Be Moved Around but Land Is Immovable. Hence, the
Capability of Land To Provide for Space for Production Is Limited. In the Pre-Independence Era, Land in India
Was Owned by a Few People. It Was Perceived That, To Achieve Social Justice and Development of the Country,
It Is Necessary To Distribute the Land Among Peasants. Thus, on the Basis of This Observation, Various Land
Reforms Were Initiated After Independence and the Government Enacted a Number of Land Reform
Legislations.

In Maharashtra, the Maharashtra Land Revenue Code of 1966 Governs the Land Revenue Administration. This
Act Extends to the Whole of the State of Maharashtra The Code Consists of Around 337 Sections Which Are
Divided Into 16 Chapters and Also Contains 10 Schedules. The Code Came Into Force W.E.F. 15th August 1967
and Has Regularly Been Amended Since its Enactment.

De nition of Land - Land Means the Surface of the Earth.

In Legal Term Land Has Vast Meaning. It Includes Everything:

i. Upon the Surface of Land
ii. Under the Surface of Land
iii. Above the Surface of the Land

Under the MLRC, Section 2(16) De nes ‘Land’ as – Land Includes Bene ts To Arise Out of Land, and Things
Attached to the Earth, or Permanently Fastened to Anything Attached to the Earth, and Also Shares in or Charges
on, the Revenue or Rent of Villages, or Other De ned Portions of Territory.

Thus Under the MLRC, Land Consists of the Following –

i. Bene ts Arising out of Land;
ii. Things Attached to the Earth or Permanently Fastened to Anything Attached to the Earth
iii. Shares in the Revenue or Rent of Villages, or Other De ned Portions of Territory; or Charges on the Same.

Sections 50 to 54A of the MLRC Deal With Provisions Relating To Encroachment of Land Vesting in the
Government. It Provides for Removal or Abatement (Reduction) of Encroachment on Government Land.

According to S. 50(1), “in the Event of any Encroachment Being Made on any Land or Foreshore Vested in the
State Government, or any Such Land Being Used for the Purpose of Hawking or Selling Articles Without the
Sanction of the Competent Authority, It Shall Be Lawful for the Collector To Summarily Abate or Remove any
Such Encroachment or Cause any Article Whatsoever Hawked or Exposed for Sale To Be Removed; and the
Expenses Incurred Therefore Shall Be Leviable From the Person in Occupation of the Land Encroached Upon or
Used as Aforesaid.”

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Penalty -

The Person Who Made Such Encroachment or Who Is in Unauthorised Occupation of the Land So Encroached
Upon Shall Pay the Assessment for the Entire Survey Number for the Whole Period of the Encroachment.

Such Person Shall Pay in Addition a Fine Which Shall Be Not Less Than Five Rupees but Not More Than One
Thousand Rupees if the Land Is Used for an Agricultural Purpose, and if Used for a Purpose Other Than
Agriculture Such Fine Not Exceeding Two Thousand Rupees. The Person Caught Hawking or Selling any Articles
Shall Be Liable To Pay Fine of a Sum Not Exceeding Fifty Rupees as the Collector May Determine.

Notice -

The Collector May, by Notice Duly Served Under the Provisions of This Code, Prohibit or Require the Abatement
or Removal of Encroachments on any Such Lands, and Shall Fix in Such Notice a Date, Which Shall Be a
Reasonable Time After Such Notice, on Which the Same Shall Take E ect.

Penalty for Encroachment After Date Fixed for Notice Takes E ect

Every Person Who Makes, Causes, Permits or Continues any Encroachment on any Land Referred to in a Notice
Issued Under Sub-Section (3), Shall in Addition to the Penalties Speci ed in Sub-Section (2), Be Liable at the
Discretion of the Collector to a Fine Not Exceeding Twenty-Five Rupees in the Case of Encroachment for
Agricultural Purposes and Fifty Rupees in Other Cases for Every Day During any Portion of Which the
Encroachment Continues After the Date Fixed for the Notice To Take E ect.

An Order Passed by the Collector Under This Section Shall Be Subject To Appeal and Revision in Accordance
With the Provisions of This Code.

Summary Eviction of Person Unauthorisedly Occupying Land Vesting in Government [S. 53]

Section 53 of the MLRC Empowers the Collector To Evict any Person Who Is Unauthorisedly Occupying or Is
Wrongfully in Possession of any Land or Foreshore Vesting in the State Government or any Person Who Is Not
Entitled or Has Ceased To Be Entitled To Occupy or Possess any Such Land or Foreshore Due to Termination or
Expiry of Tenancy or Due To Breach of any Conditions Annexed to the Occupancy.

Such Person Shall Also Be Liable To Pay a Penalty Not Exceeding Two Times the Assessment or Rent for the Land,
for the Period of Such Unauthorised Use or Occupation.

Before Evicting Such Person, the Collector Shall Give Him a Reasonable Opportunity of Being Heard and the
Collector May Make a Summary Enquiry, if Necessary. The Collector Shall Record his Reasons in Brief, for
Arriving at the Opinion Required by Sub-Section (1).

The Collector Shall, on his Finding as Aforesaid, Serve a Notice on Such Person Requiring Him Within Such Time
As May Appear Reasonable After Receipt of the Said Notice To Vacate the Land or Foreshore, as the Case May
Be, and if Such Notice Is Not Obeyed, the Collector May Remove Him From Such Land or Foreshore.

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 Conclusion- Thus It Can Be Seen That the MLRC Provides for a Systematic and Organised Functioning of
Land Revenue Administration by Providing a Hierarchy in Terms of Revenue Areas and the Corresponding
Revenue O cers

Boundary Marks - Play a Crucial Role in Land Law, as They Help Determine the Extent and Location of a Property.
They Are Essential in Preventing Disputes and Con icts Between Neighbouring Land Owners As Well as Signi cant in
Legal Implications Surrounding Them.

The Importance of Boundary Marks -

Boundary Marks, Also Known as Boundary Stones, Markers, or Monuments, Are Physical Indicators That Delineate the
Limits of a Property. They Serve as Visual Aids for Landowners and Surveyors, Ensuring That the Boundaries of a Piece
of Land Are Clearly De ned and Understood. Without Boundary Marks, There Could Be Confusion and Ambiguity
Regarding the Extent of a Property, Leading to Disputes and Legal Battles. Boundary Marks Help To Avoid These
Potential Issues by Providing a Clear and Tangible Reference Point for Land Boundaries. Boundary Marks a Role in
Property Lines and Ownership. Legally and Have a Impact on Property and Disputes.

- SHORT NOTE’S -

Powers and Duties of Survey O cers

Survey O cers for the Purposes of Carrying Out Revenue Surveys (Chp. V), Assessment and Settlement of Land
Revenue (Chp. VI), Fixation and Demarcation of Boundaries (Chp. IX) and Maintenance of Land Records (Chp.
X), the State Government May Appoint Such O cers as May From Time to Time Appear Necessary.

Such O cers May Be Designated As “Settlement Commissioner ”, “Director of Land Records ”, “Deputy Director
of Land Records”, “Superintendents of Land Records”, “Settlement O cers”, “District Inspectors of Land
Records”, and “ Survey Tahsildars ”, or Otherwise As May Deem Requisite. According to S. 2(39), all Such O cers
Appointed Under Section 8 of the Code by the State Government Are Called As ‘Survey O cers’.

As per Section 14, , the Survey O cers Are Vested With the Cognisance of all Matters Connected With the
Survey, Settlement and Record of Rights and Shall Exercise all Such Powers and Perform all Such Duties as May Be
Provided by This Code or any Law for the Time Being in Force.

The Primary Functions of the Survey O cers Are –

1. To Conduct Revenue Survey, Assessment and Settlement of Land Revenue

2. To Assist and Settle Land Revenue of Agricultural Land
3. To Assist and Settle Land Revenue Within the Sight of Villages, Towns and Cities,
4. To Fix Boundary and Boundary Marks
5. To Settle Boundary Disputes
6. To Give E ect to the Prevention of Fragmentation and Consolidation of Holdings Act

Furthermore Section 22 Empowers the Survey O cer To Assign Lands for Special Purposes Such as Forest or Fuel
Reserve, for Free Pasturage of Village Cattle or for Grass or Fodder Reserve, for Burial or Cremation Ground, for
Gao-Than, for Camping Ground, for Threshing Floor, for Bazaar, for Skinning Ground, for Public Purposes Such
as Roads, Lanes, Parks, Drains or for any Other Public Purpose.
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 S. 148 Record of Rights

Section 148 Mandates the Preparation and Maintenance of Records of Rights for Every Village or Survey Number.
These Records Are Maintained by the Village O cer or any Other O cer Appointed for the purpose.The
Records of Rights Include Various Details Related to Land Tenure, Ownership, Cultivation, and Other Rights
Associated With Land. It Typically Includes Information Such as the Names of the Holders of Land, Their Rights,
Nature of Land, Area, Type of Cultivation, Etc.

As per Sec 148 - a Record of Rights Shall Be Maintained in Every Village and Such Record Shall Include the Names
of all Persons Who Are Holders, Occupants, Owners or Mortagees of Land or Assignees of the Rent or Revenue of
Lands. Names of all Government Lessees or Tenants, Nature and Extent of Their Respective Interests, Conditions
and Liabilities Attached to Land. Rent and Revenue Payable by or to Such Persons Etc.

• S. 148-A Provision for Storage in Electronic-Digital Form. This Is the Source of Computarized Revenue Records.

Obligation of any Person Acquiring Rights as Succession, Survivorship, Inheritance, Partition, Purchase,
Mortgage, Gift, Lease, Government Lessee Etc. To Report Such Right to Talathi Under the Rules Within 3
Months

Overall, Section 148 of the Maharashtra Land Revenue Code, 1966, Establishes the Framework for the
Maintenance, Revision, and Settlement of Records of Rights, Which Are Essential for Documenting Land Tenure
and Ownership Patterns in the State

Relinquishment And Surrender Of Land [Section 55]

Section 55 of the Maharashtra Land Revenue Code, 1966, Facilitates the Orderly Transfer of Land Rights From
Private Individuals to the Government or Other Authorities Through Voluntary Relinquishment or Surrender. It
Ensures Transparency, Legality, and Fairness in the Process While Safeguarding the Interests of all Parties Involved.

Relinquishment Means Surrendering or Resigning the Rights Therein to the Government. It Also Means a Release
of Claim or Portion of It. An Occupant May Relinquish his Land, That Is, Resign, in Favour of the State
Government, but Subject to any Rights, Tenures, Encumbrances or Equities Lawfully Subsisting in Favour of any
Person Other Than the Government or the Occupant.

A Notice of Relinquishment Is a Formal Communication Issued by a Landowner To Indicate Their Intention or

Desire To Relinquish or Surrender Their Rights Over a Piece of Land. Such Occupant Shall Give a Notice in
Writing to the Tahsildar Not Less Than Thirty Days Before the Date of Commencement of the Agricultural Year
Regarding his Intention To Relinquish his Land.

Thereupon, He Shall Cease To Be an Occupant From the Agricultural Year Next Following Such Date. However It
Must Be Noted That no Portion of Land Which Is Less in Extent Than a Whole Survey Number or Sub-Division
of a Survey Number May Be Relinquished.

For Example, if a Land Is Marked as Survey Number 100 and Is Sub-Divided Into 4 Sub-Divisions of Survey Nos.
100/1, 100/2, 100/3, and 100/4 Then Either the Entire Survey Number 100 Has To Be Relinquished, or the Sub-
Divided Survey Numbers. Fragmented Parts of the Land Cannot Be Relinquished.

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