Land Laws Questions & Answers May 2023

Mumbai University
3 Years LLB- Semester IV (May 2023),

Land Laws
Questions & Answers complied by RK
Bombay Stamp Act 1958.
Q1) Explain the term 'chargeable' under the Bombay Stamps Act, 1958.
➢ As per Bombay/Maharashtra Stamp Act 1958, in relation to an
instrument executed or first executed after the commencement of the
Bombay Stamp Act, 1958 Chargeable means chargeable for payment of
stamp duty under this Act and as applied to any other instruments
chargeable under the law in force in the State when such instrument
was executed or where several persons executed the instrument at
different times first executed.
Q2) What is duly Stamped Instrument ?

➢ An instrument which bears adhesive or impressed stamp of the proper
amount and affixed in accordance with the law for the time being in
force in the State is a duly stamped instrument.
Q3) Define 'impressed stamps' under the Maharashtra Stamp Act, 1958?
➢ Impressed stamp paper is one where the stamp is printed directly on
the top of the sheet of the paper
➢ "impressed stamp"· includes:
✓ labels affixed and impressed by the proper officer;
✓ stamp embossed or engraved on stamped paper;
✓ impression by any such machine as the State Government may by
notification in the Official Gazette, specify (impression by franking
machine or by any other machine as may be specified).
➢ Impressed Stamp includes non judicial stamp paper and hundi stamp
paper and also special adhesive stamps affixed and impressed by proper
officer.
Land Laws Short Q & A.
➢ Every impressed stamp paper must be brought in the name of one of

the parties and this name must appear on the paper along with the date
of purchase.
Q4) What is market value under the Bombay Stamp Act, 1958 ?
➢ The market value in relation to any property which is the subject
matter of an instrument means, the price which such property would
have fetched if sold in open market on the date of the execution of
such instrument or the consideration stated in the instrument whichever
is higher.
Q5) What is Adjudication?

➢ Adjudication of stamp duty means to pass a judgement or to adjudge
how much stamp duty is payable for the registration of a particular
document.
➢ When the quantum of stamp duty is variable and not fixed it may often
lead to confusion as to how much stamp duty is payable. If the stamp
duty is under paid the document may not be admissible as evidence in
a court of law. Hence, to determine stamp duty payable, the
government offers an adjudication service where the government
officer examines the document and determines what amount should be
paid as stamp duty.
➢ 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 and pay a of Rupees 100/-, the collector shall determine
the duty, if any, with which or the article of Schedule I under which
in his judgement the instrument is chargeable.
➢ For this purpose, Collector may require to be furnished with a true
copy of an abstract of an 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 duty with which it is chargeable, are fully and
2
truly set forth therein and may, refuse to proceed upon any such
application until such true copy or abstract and evidence have been
furnished.
➢ The opinion of the Collector on the chargeability of the instrument is
final and conclusive.
➢ The adjudication has to be completed within 45 days.
3
Urban Land (Ceiling And Regulation) Act, 1976
Q1) What is vacant land as per ULCRA 1976?

Ans) As per Section, 2(q) of ULCRA, vacant land means land, not being
land mainly used for the purpose of agriculture, in an urban agglomeration,
The term “Vacant Land” however, does not include,
i) land on which construction of a building is not permissible under the
building regulations in force in the area;
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 land appurtenant to 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, then, that
much land which is ordinarily used for the keeping of such cattle
immediately before the appointed day shall not be deemed to be vacant
land.
Q2) What is urban Agglomeration?

As per Section, 2(n) of ULCRA, Urban Agglomeration has been defined
with reference to schedule-I of the Act;
i) in relation to any State or Union territory specified in column-(1) of
Schedule I means (a) the urban agglomeration specified in the
corresponding entry in column (2) thereof and includes the peripheral
area specified in the corresponding entry in column (3) thereof;
ii) Other area which the State Government may, with the previous
approval of the Central Government, having regard to its location,
4
population (population being more than one lakh) and such other-
relevant factors as the circumstances of the case may require by
notification in the Official Gazette, declare to be urban agglomeration
and any agglomeration so declared shall be deemed to belong to
Category D in that Schedule and the peripheral area therefor, shall
be one kilometer.
Q3) What is dwelling unit in ULCRA 1976?

Ans) As per Section, 2(e) of ULCRA 1976, "dwelling unit" in relation to
a building or a portion of a building, means a unit of accommodation in
such building or portion used solely for the purpose of residence;
Q4) What is urban land as per ULCRA 1976?

Ans) As per Section, 2(o) of ULCRA 1976, 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, in such case, any land within
the limits of an urban agglomeration and situated in any area included
within the local limits of a municipality (by whatever name called), a
notified area committee, a town area committee, a small town
committee, a cantonment board or a panchayat,
but Urban Land does not include any such land which is mainly used for
the purpose of agriculture.
Q5) What is ceiling limit as per ULCRA 1976?

➢ As per Section 3 of ULCRA 1976, no person shall be entitled to hold
any vacant land in excess of the ceiling limit, in the territories to which
this Act applies.
➢ As per Section 4 (1) of ULCRA 1976, in the case of every person,
the ceiling limit shall be:
where the vacant land is situated in an urban agglomeration falling within:
5
i) category A specified in Schedule I- Ceiling is 500 Sq.metres.

ii) category B specified in Schedule I, Ceiling is 1000 Sq.metres;
iii) category C specified in Schedule I, Ceiling is 1500 Sq.metres;
iv) category D specified in Schedule I, Ceiling is 2000 Sq.metres.
As per Section 4 (2) of ULCRA 1976, 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,
i) one square metre of vacant land situated in an urban agglomeration
falling within category A shall be deemed to be equal to two square
metres of vacant land situated in an urban agglomeration falling within
category B, three square metres of vacant land situated in an urban
agglomeration falling within category C and four square metres of
vacant land situated in an urban agglomeration falling within category
D;
ii) one square metre of vacant land situated in an urban agglomeration
falling within category B shall be deemed to be equal to one and one-
half square metres of vacant land situated in an urban agglomeration
falling within category C and two square metres of vacant land situated
in an urban agglomeration falling within category D; and
iii) one square metre of vacant land situated in an urban agglomeration
falling within category C shall be deemed to be equal to one and one-
third square metres of vacant land situated in an urban agglomeration
falling within category D.
Notwithstanding anything above, any person holding such vacant land for
the purpose of group housing sanctioned by an authority competent in this
behalf immediately before the commencement of this Act shall be entitled
to continue to hold such land.
Provided that not more than one dwelling unit in the group housing shall
be owned by one single person and;
6
that the extent of vacant land which such person shall be entitled to hold
shall, in no case, exceed the extent required under any building regulations
governing such group housing and;
the extent calculated by multiplying the number of dwelling units in the
group housing and the appropriate ceiling limit referred to in Section 4(1)
above, whichever is less.
7
MAHARASHTRA LAND REVENUE CODE (MLRC), 1966
Q1) What is Sanad?

➢ As per the provisions of MLRC 1966
➢ 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 in terms of Maharashtra Land
Revenue Code, 1966.
Q2) How is Sanad granted to a holder under the Maharashtra Land

Revenue Code?
➢ The provisions relating to Grant of Sanad to a Holder are given in
Section 44 and 44A of the MLRC 1966.
➢ When a person wants to convert the use of his land from one purpose
to another which may take form of either (i) conversion of agriculture
land into a non-agricultural one,(ii) conversion of land held for one non
agriculture purpose to another non agriculture purpose; (iii)
owner/holder desiring to use it for same non agriculture purpose but
wants certain relaxation in conditions imposed while granting permission
of such use.
➢ In such cases, the landowner must file an application with collector for
obtaining a Sanad certificate. The Collector, on receipt of an
application, shall acknowledge the application within seven days or may
return the application if it is not in accordance with guidelines and the
form prescribed; and may after due enquiry, either grant the
permission on such terms and conditions as he may specify subject to
any rules made in this behalf by the State Government or refuse the
permission applied for if it is necessary so to do to secure the public
8
health, safety and convenience or if such use is contrary to any scheme

for the planned development of a village, town or city in force under
any law for the time being in force. Where an application is rejected,
the Collector shall state the reasons in writing of such rejection.
➢ 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 in terms of Maharashtra Land
Revenue Code, 1966.
Q3) What is a farm building ?

➢ Farm building means a structure erected on land assessed or held for
the purpose of agriculture for all or any of the following purposes:
i) storage of agricultural implements, manure or fodder, agricultural
produce;
ii) for sheltering cattle,
iii) residence of members of the family, servants or tenants of the holder
or;
iv) any other purpose integral of his cultivating arrangements connected
with land or any other land belonging to or cultivated by the holder
thereof
Q4 ) Define 'gaothan' under the Maharashtra Land Revenue Code, 1966?

➢ Gaothan means, the land included within the site of a village, town or
city as determined by Section 122 of the Maharashtra Land Revenue
Code, 1966.
Q5) Define 'Superior Holder' under the Maharashtra Land Revenue Code,
1966?
9
➢ “Superior holder” means a landholder entitled to receive rent or land

revenue from other land holders (called “inferior holders”) whether he
is accountable or not for such rent or land revenue, or any part thereof
to the State Government.
Q6) What are the provisions of MLRC 1966 regarding regularization of

encroachments? Explain s/51 and 52 of MLRC?
➢ Provisions relating to regularization of encroachments are given in S/51
of MLRC.
➢ If a person guilty of encroachment is ready to pay a sum equivalent to
five (5) times of the value of encroached land and an assessment not
exceeding the five (5) times the ordinary land revenue, the collector
may grant the land to the encroacher on such terms and conditions as
the Collector may impose subject to rules made in this behalf; and then
to cause the said land to be entered in land records in the name of
the said person.
➢ Provided that, no land shall be granted as aforesaid, unless the
Collector gives public notice of his intention so to do in such manner as
he considers fit, and considers any objections or suggestions which may
be received by him before granting the land as aforesaid.
➢ The expenses incurred in giving such public notice shall be paid by the
person making the encroachment; and on his failure to do so on demand
within a reasonable time, shall be recovered from him as an arrear of
land revenue.
➢ The provisions relating to determination of value of land and land
revenue are given in S/52 of MLRC. The value of land that has been
encroached upon shall be fixed by the Collector according to the market
value of similar land in the same neighborhood at the time of such
valuation and the annual revenue of such land shall be assessed at the
same rate as the land revenue of similar land in the vicinity.
10
➢ The Collector’s decision as to the value of land and the amount of land
revenue or assessment payable for the land encroached upon shall be
conclusive
Q7) Write a note on Encroachment of Government Land?

➢ The provisions related to Encroachment of Government Land are given
in S/50 of MRLC.
➢ 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
therefor shall be leviable from the person in occupation of the land
encroached upon or used as aforesaid.
➢ Penalty for encroachment: The person who made such encroachment or
who is in un-authorised occupation of the land so encroached upon shall
pay, if the land encroached upon forms part of an assessed survey
number, assessment for the entire number for the whole period of the
encroachment, and if the land has not been assessed, such amount of
assessment as would be leviable for the said period in the same village
on the same extent of similar land used for the same purpose.
➢ Such person shall pay in addition a fine which shall be one thousand
rupees or such amount as may be prescribed, whichever is higher 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 or such
amount as may be prescribed, whichever is higher.
➢ The person caught hawking or selling any articles shall be liable to pay
fine of a sum not exceeding fifty rupees or such amount as may be
prescribed, whichever is higher as the Collector may determine.
11
Q8) Write short note on record of Rights?

➢ S/147 to 159 of MLRC deals with record of rights to be maintained in
every village in the state of Maharashtra.
➢ A record of rights shall be maintained in every village and such record
shall include the following particulars:
a) the names of all persons (other than tenants) who are holders,
occupants, owners or mortgagees of the land or assignees of the
rent or revenue thereof;
b) the names of all persons who are holding as Government lessees or
tenants including tenants within the meaning of relevant tenancy law;
c) the nature and extent of the respective interests of such person
and the conditions or liabilities, if any, attaching thereto;
d) the rent or revenue, if any, payable by or to any of such persons;
e) such other particulars as the State Government may prescribe by
rules made in this behalf, either generally or for purposes of any
area specified therein.
➢ The authority entrusted in maintaining such records is Talathi who is
the official appointed by the collector for maintaining land records.
Q9) What are land records?

➢ For the purpose of MLR Code 1966, "Land Records" means records
maintained under the provisions of code.
➢ Land record is a generic term which is used to refer to a number of
records. These include Records of Rights (RoRs), register of the lands,
crop inspection register, tenancy, mutation register, disputed case
register, and so on.
➢ Land record also includes certain geological information in regard to the
land such as the shape and size of the land, type of soil on the land.
It can also include the economic information in relation to the irrigation
and crops.
12
Q10) What is 7/12 extracts? How are purchases recorded in VII/XII

extracts?
➢ The 7/12 extract (satbara utara) is an extract from the record of
rights in a district of Maharashtra which gives complete information
about a given piece of land.
➢ It is so named after the Forms which have to be filled to get this
information under the Maharashtra Land Revenue Record of Rights and
Registers (Preparation and Maintenance) Rules, 1971, namely, Form
VII comprising details about the owner and his rights; and Form XII
comprising details about the agriculture aspects about the land.
➢ Typically, a satbara utara contains: (i) Name/s of the owner/s (ii)Type
of land: whether agricultural or non-agricultural; (iii) Location of the
land (iv) Area of the land (v) Name of the cultivator - if the owner of
the land is not its cultivator (vi) What crops, if any, are grown on the
land and whether the land is single cropped or multi cropped; (vii)
Details of outstanding loans, if any Details of pending litigation, if any
(viii) Details of taxes - paid and unpaid (ix) Easements over the land
(x) Access roads to the land.
The 7/12, extract can be used for various purposes, as for instance:
a) to verify details about a piece of land before purchasing such land;
b) to look up and verify the ownership of ancestral land;
c) to find out the type of activities carried out on a piece of land;
d) to find out details of the agricultural and non-agricultural aspects of
the land and its surrounding areas.
Q11) What is Nishtar Patrak and what it contains?

➢ Right of Nistar refers to right of grazing of cattle and is considered
to be important right in the villages of India.
➢ Nistar land is communal land.
➢ As per provisions of Sec 161 of MLRC, it is an obligation of Collector
to prepare Nistar Patrak embodying the scheme of management of all
13
unoccupied land in a village. Nishtar Patrak provides/contains in

particular
a) The terms and conditions on which grazing of the cattle in the village
shall be permitted;
b) the terms and conditions on which and the extent to which any resident
may obtain/ remove wood, timber, forest produce, murum, kankar,
sand; earth clay, stones and other minor minerals;
c) any other matter required to be recorded in the Nishtar Patrak under
the Maharashtra Land Revenue Code, 1966.
Q12) What is Wajib ul-arz?

➢ The provisions relating to Wajib-ul-arz are given in Sec 165 of MLRC
1966.
➢ Wajib ul-arz is a record of customs in each village drawn up by the
Collector in regard to the community rights to irrigation or right of way
or other easements, right to fishing on any land or water belonging to
or controlled or managed by the State Government or a local authority.
➢ It is a local record of unalienated lands
Q13) What is standard rate of assessment?

➢ As per Sec 165 of MLRC 1966, the Collector shall, with the approval
of the State Government fix the rate of assessment per square metre
of land in each revenue division (to be called ‘the standard rate of
assessment’) which shall be a sum equal to such percentage of the
average of the market value of the unbuilt plots in each division as may
have been fixed by the State Government.
➢ The market value of unbuilt plots shall be estimated in the prescribed
manner on the basis of (a) sales of land in the revenue division during
the period of fifteen years immediately preceding the year in which
proceedings for the fixation of the standard rate of assessment are
initiated; (b) awards relating to the acquisition of land under the Land
Acquisition Act, 1894, in the revenue division during the period of
14
fifteen years aforesaid; (c) rental value of lands in the revenue division
during the period aforesaid.
Q14) What is foreshore?

➢ Foreshore' is the shore or area of land between the high and low water
marks.
➢ It is sometimes also referred to as the intertidal zone or the littoral
zone.
➢ It is thus that part of the shore which is above water when there is
low tide and under water when there is high tide, that is, the wet part
of a beach.
➢ As per Sec 294 of MLRC 1966, all unoccupied lands within the city of
Bombay, and every unoccupied portion of the foreshore, below high
water mark, shall be deemed, and are hereby declared to be, the
property of the State Government, subject always to the rights of way
and all other rights of the public legally subsisting.
15
Land Acquisition Act-1894.
Q1) Define Land under Land Acquisition Act?

➢ As per Land Acquisition Act 1894, “land” includes benefits to arise out
of land, and things attached to the earth or permanently fastened to
anything attached to the earth.
Q2) Define Collector as per Land Acquisition Act?

➢ As per Land Acquisition Act 1894, Collector means the Collector of a
revenue district and includes a Deputy Commissioner and any officer
specially designated by the appropriate Government to perform the
functions of a Collector under this Act.
Q3) Define Appropriate government as per LA Act 1894?

➢ As per Land Acquisition Act 1894 ,“Appropriate Government” means, in
relating to acquisition of land for the purposes of the Union, the Central
Government, and, in relation to acquisition of land for any other
purposes, the State Government.
Q4) What is public purpose as per Land Acquisition, compensation,

rehabilitation and resettlement 2013?
➢ As per the provisions of this Act relating to land acquisition,
compensation, rehabilitation, and resettlement 2013, public purpose
means and shall include following purposes:
a) strategic purposes relating to naval, military, air force, and armed
forces of the Union, including central paramilitary forces or any work
vital to national security or defence of India or State police, safety
of the people; or
b) for infrastructure projects, which includes the following, namely:
i) all activities or items listed in the notification of the Government
of India in the Department of Economic Affairs (Infrastructure
16
Section), excluding private hospitals, private educational

institutions and private hotels;
ii) projects involving agro-processing, supply of inputs to agriculture,
warehousing, cold storage facilities, marketing infrastructure for
agriculture and allied activities such as dairy, fisheries, and meat
processing, set up or owned by the appropriate Government or by
a farmers' cooperative or by an institution set up under a statute.
iii) project for industrial corridors or mining activities, national
investment and manufacturing zones, as designated in the National
Manufacturing Policy;
iv) project for water harvesting and water conservation structures,
sanitation;
v) project for Government administered, Government aided educational
and research schemes or institutions;
vi) project for sports, health care, tourism, transportation or space
programme;
vii) any infrastructure facility as may be notified in this regard by the
Central Government and after tabling of such notification in
Parliament;
c) project for project affected families;
d) project for housing for such income groups, as may be specified from
time to time by the appropriate Government;
e) project for planned development or the improvement of village sites or
any site in the urban areas or provision of land for residential purposes
for the weaker sections in rural and urban areas;
f) project 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 the Government, any local authority or a corporation owned or
controlled by the State.
17
Q5) Who is person interested as per LA Act 1894?

➢ "person interested" means:
i) all persons claiming an interest in compensation to be made on account
of the acquisition of land under this Act;
ii) the Scheduled Tribes and other traditional forest dwellers, who have
lost any forest rights recognized under the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 (2 of 2007);
iii) a person interested in an easement affecting the land;
iv) persons having tenancy rights under the relevant State laws including
share-croppers by whatever name they may be called; and
v) any person whose primary source of livelihood is likely to be adversely
affected;
Q6) How is Land Acquire under LA Act 1894?

Ans) As per LA Act 1894, the steps involved in land acquisition are as
under:
I. Preliminary Survey (Sec 3A):
➢ Preliminary survey is carried out by officer of State Government to
determine whether the land in any locality is needed or likely to be
needed for any public purpose.
II. Notification (Section 4):
➢ Whenever, it appears to the appropriate Government that land in any
area is required or likely to be required for any public purpose, a
notification to that effect along with details of the land to be acquired
in rural and urban areas shall be published in the Official Gazette and
two newspapers circulating in the locality of such area of which one
shall be in the in the local language.
➢ Once the notification is issued, it shall be lawful for any officer,
either generally or specially authorized by such Government in this
behalf, and for his servants and workman: (i) to enter upon and survey
and take levels of any land in such locality; (ii) to dig or bore into the
18
sub-soil; (iii) to do all other acts necessary to ascertain whether the

land is adapted for such purpose; (iv) to set out the boundaries of the
land proposed to be taken and the intended line of the work (if any)
proposed to be made thereon; (v) to mark such levels, boundaries and
line by placing marks and cutting trenches; and, where otherwise the
survey cannot be completed and the levels taken and the boundaries
and line marked, to cut down and clear away any part of any standing
crop, fence or jungle.
➢ Provided that no person shall enter into any building or upon any
enclosed court or garden attached to a dwelling house (unless with the
consent of the occupier thereof) without previously giving such occupier
at least seven days' notice in writing of his intention to do so.
III. Filing of Objections:
➢ Any person interested in any land which has been notified under section
4(1), as being needed or likely to be needed for a public purpose may,
within thirty days from the date of the publication of the notification,
object to the acquisition of the land or of any land in the locality, as
the case may be. The objections can mainly be related to (a) the
purpose for which land acquisition is being done is not for public purpose
(b) the area and land proposed to be acquired may not be suitable for
public purpose; (c) the land proposed to be acquired is more than the
minimum land required for the purpose; (d) there is possibility of
acquiring alternate piece of land for same purpose with less or no
inconvenience to concerned person; (e) such acquisition is malafide in
nature.
➢ Every objection shall be made to the Collector in writing, and the
Collector shall give the objector an opportunity of being heard [in person
or by any person authorized by him in this behalf] or by pleader and
shall, after hearing all such objections and after making such further
inquiry, if any, as he thinks necessary, either make a report in respect
of the land which has been notified or make different reports in respect
of different parcels of such land, to the appropriate Government,
19
containing his recommendations on the objections, together with the

record of the proceedings held by him, for the decision of that
Government]. The decision of the appropriate Government on the
objections shall be final.
IV. Declaration
➢ After considering the report of the Collector, if the appropriate
Government is satisfied that any particular land is needed for a public
purpose, a declaration is made to that effect within a period of one
year from the date of the Notification and is to be published in the
same way as the Notification.
V. Direction to the Collector
➢ Once the land is declared to be needed for a public purpose, the
appropriate Government must direct the Collector to cause the land to
be marked, measured and a plan thereof to be made.
VI. Notice to interested persons
➢ The Collector must then cause public notices to be given at convenient
places on or near the land, stating that the Government intends to take
possession of such land and that compensation claims may be filed
before him by all persons interested in the land. The notice must
require all interested persons to appear personally or through an agent
before the Collector at a time and place mentioned in the notice, not
however being less than fifteen days from the publication of the notice.
VII. Inquiry and Award:
➢ The Collector must then proceed to inquire into the objections filed by
interested persons as regards the measurement of the land, the value
of the land (as on the date of publication of the Notification) and the
respective interests of persons claiming compensation. After making
the necessary inquiries, the Collector must make an award (in the
prescribed form and signed by him), stating (a) the true area of the
land, (b) the compensation which, in his opinion, should be allowed for
the land, and (c) the apportionment of such compensation amongst the
claimants. If the award is not made by the Collector within two years
20
from the publication of the declaration, all the acquisition proceedings

taken earlier lapse.
VIII. Taking of possession and payment of compensation
➢ When the Collector has made an award, he has the power to take
possession of the land which thereupon vests absolutely in the
Government, free from all encumbrances. The Collector must also make
payment of the compensation awarded by him to the persons entitled
thereto. In case the amount of compensation is not paid on or before
taking possession of the land, the Collector is liable to pay interest on
the amount as provided in S 34 of the Act.
Q7) Explain the role of court in Land Acquisition Act 1894?

➢ Sec. 18 to 28-A of the LA Act 1894 contain provisions regarding a
reference to the court and the procedure to be followed in cases where
the award of the Collector is not acceptable to the persons interested
in the land being acquired under the Act.
➢ If the award made by the Collector is not acceptable to any Interested
person, then he may, make an application in writing to the Collector,
requiring that the matter be referred by the Collector for the
determination of the court.
➢ The objection of the interested person may relate to a) the
measurement of the land, or (b) the amount of the compensation, or
(c) the persons to whom such compensation is payable; or d) the
apportionment of the compensation amongst the interested persons.
➢ When a reference is made to a court, the Collector must state the
following in writing for the information of the court, namely: (a) the
situation and extent of the land, with particulars of any trees, buildings
or standing crops thereon; (b) the names of the persons who he has
reason to think are interested in the land; (c) the amount awarded for
compensation and damages paid or tendered (d) if the objection is as
regards the amount of the compensation, the grounds on which the
amount of the compensation was determined; (e) a schedule containing
21
the particulars of the notices served upon and the statements made to
or delivered by, the parties interested in the land.
➢ The court then serves a notice specifying the day on which the court
will proceed to determine the objection. Such a notice is to be served
on the applicant; all persons interested in the objection-except those
who have consented to receive payment of the compensation under the
award without any protest; and the Collector in cases where the
objection is as regards the area of the land or the amount of the
compensation. The hearing is to be in open court and the scope of the
inquiry is to be restricted to a consideration of the interests of the
persons affected by the objection.
➢ Matters to be considered when determining compensation Under S. 23
of the Act: the court must take the following six matters:
➢ the market value of the land on the date of the publication of the
Notification under S. 4 of the Act;
➢ any damage sustained by the interested person by reason of the taking
of any standing crops or trees which may be on the land at the time
when the Collector takes possession of the land;
➢ the damage, if any, sustained by the interested person, at the time
of the Collector's taking possession of the land;
➢ If, in consequence of the acquisition of the land by the Collector, the
interested person is compelled to change his residence or place of
business, the reasonable expenses (if any) incidental to such change,
and
➢ any, bona fide damage resulting from the diminution of the profits of
the land between the time of the publication of the declaration and
the time of taking possession of the land by the Collector.
Matters to be neglected by the court:
As per S/24 of LA Act 1894, the following matters shall be neglected
while determining compensation:
i) the degree of urgency which has led to the acquisition.
22
ii) any disinclination of the person interested to part with the land
acquired;
iii) any damage sustained by interested person which, if caused by a
private person, would not render such person liable to a suit;
iv) any damage which is likely to be caused to the land acquired,
after the date of the publication of the declaration;
v) any increase to the value of the land acquired likely to accrue
from the use to which it will be put when acquired;
vi) any outlay or improvements on, or disposal of the land acquired,
commenced, made or effected without the sanction of the
Collector after the date of the publication of notification;
vii) any increase to the value of the land on account of its being
put to any use, which is forbidden by law or opposed to public
policy.
As per S/25 of LA Act 1894, any compensation awarded by court shall
not be less than the amount awarded by the collector;
As per S/27 & 28 of LA Act 1894, the court can also award the cost &
interest to be paid by the collector on case to case basis.
Q8) Write Short Note on Social Impact Assessment (SIA)?

➢ As per Section 4 of LA Act 2013, Whenever the Appropriate
Government intends to acquire land for a public purpose, it shall consult
the concerned Panchayat, Municipality or Municipal Corporation, as the
case may be, at village level or ward level, in the affected area and
carry out a Social Impact Assessment study in consultation with them.
➢ The appropriate Government shall ensure that adequate representation
has been given to the representatives of Panchayat, Gram Sabha,
Municipality or Municipal Corporation, as the case may be, at the stage
of carrying out the Social Impact Assessment study.
➢ It shall ensure the completion of the Social Impact Assessment study
within a period of six months from the date of its commencement.
23
➢ The SIA study shall, amongst other matters, include all the following,
namely:
✓ Assessment as to whether the proposed acquisition serves public
purpose;
✓ estimation of affected families and the number of families among
them likely to be displaced;
✓ extent of lands, public and private, houses, settlements, and other
common properties likely to be affected by the proposed acquisition;
✓ whether the extent of land proposed for acquisition is the absolute
bare minimum extent needed for the project;
✓ whether land acquisition at an alternate place has been considered
and found not feasible;
✓ study of social impacts of the project, and the nature and cost of
addressing them and the impact of these costs on the overall costs
of the project vis-a-vis the benefits of the project.
➢ Environmental Impact Assessment study, if any, shall be carried out
simultaneously.
➢ While undertaking a SIA, the appropriate Government shall, amongst
other things, take into consideration the impact that the project is
likely to have on various components such as livelihood of affected
families, public and community properties, assets and infrastructure
particularly roads, public transport, drainage, sanitation, sources of
drinking water, sources of water for cattle, community ponds, grazing
land, plantations, public utilities such as post offices, fair price shops,
food storage godowns, electricity supply, health care facilities, schools
and educational or training facilities, anganwadis, children parks, places
of worship, land for traditional tribal institutions and burial and
cremation grounds.
➢ The appropriate Government shall require the authority conducting the
SIA study to prepare a Social Impact Management Plan, listing the
corrective measures required to be undertaken for addressing the
impact on various social aspects as mentioned above.
24
➢ The appropriate Government shall ensure that a public hearing is held

at the affected area, after giving adequate publicity about the date,
time and venue for the public hearing, to ascertain the views of the
affected families to be recorded and included in the Social Impact
Assessment Report.
➢ The appropriate Government shall ensure that the SIA study report
and the Social Impact Management Plan are prepared and made
available in the local language to the Panchayat, Municipality or
Municipal Corporation, as the case may be, and the offices of the
District Collector, the Sub-Divisional Magistrate and the Tehsil, and
shall be published in the affected areas, in such manner as may be
prescribed, and uploaded on the website of the appropriate
Government.
➢ Appraisal of Social Impact Assessment report by an Expert Group: the
SIA report should be evaluated by an independent multi-disciplinary
Expert Group, as may be constituted by Government comprising (i) two
non-official social scientists;(ii) two representatives of Panchayat/Gram
Sabha/Municipality or Municipal Corporation; (iii) two experts on
rehabilitation; and a technical expert in the subject relating to the
project.
➢ If the Expert Group is of the opinion that:(a) the project does not
serve any public purpose; or (b) the social costs and adverse social
impacts of the project outweigh the potential benefits then it shall
make a recommendation within two months from the date of its
constitution to the effect that the project shall be abandoned
forthwith and no further steps to acquire the land will be initiated in
respect of the same.
➢ If the Expert Group constituted under sub-section (1), is of the opinion
that (a) the project will serve any public purpose; and (b) the potential
benefits outweigh the social costs and adverse social impacts, then it
shall make specific recommendations within two months from the date
of its constitution whether the extent of land proposed to be acquired
25
is the absolute bare-minimum extent needed for the project and

whether there are no other less displacing options available.
➢ The recommendations of the Expert Group shall be made available in
the local language to the Panchayat, Municipality or Municipal
Corporation, as the case may be, and the offices of the District
Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be
published in the affected areas, in such manner as may be prescribed
and uploaded on the website of the appropriate Government.
➢ The appropriate Government shall examine the report of the Collector,
if any, and the report of the Expert Group on the Social Impact
Assessment study and after considering all the reports, recommend
such area for acquisition which would ensure minimum displacement of
people, minimum disturbance to the infrastructure, ecology and minimum
adverse impact on the individuals affected
26
Environment Protection Act 1986.
Q1) What is Inter-tidal Zone ?

➢ The land between the High Tide Line and the Low Tide Line which gets
covered during-high tide and shows up during low tide.
Q2) Explain High Tide Line.

➢ The High Tide Line means the line on the side of the land upto which
the highest water line reaches during the spring tide.
Q3) What is foreshore ?

➢ It is the part of the shore which remains covered with water at the
High Tide and gets uncovered or visible at the Low Tide.
➢ In other words, the land mass between the High Tide Line and the
Low Tide Line, which shows up during the Low Tide is known as the
Foreshore.
Q4) Write a Short Note on Coastal Regulatory Zone?

➢ India is having more than 7000 Km of costal area. In order to protect
coastal ecology and conserve the coastal environment, the Government
of India issued the Coastal Regulation Zone (CRZ) notification in 1991
under the Environment Protection Act, 1986 administered by the
Ministry of Environment and Forests (MoEF) to protect and conserve
the environment and ecosystem on the coastline of the country.
➢ As per the notification, CRZ shall comprise of:
i) the land area from High Tide Line (HTL) to 500mts on the landward
side along the sea front;
ii) land area between HTL to 100 mts or width of the creek whichever
is less on the landward side along the tidal influenced water bodies
that are connected to the sea.
27
iii) land area between HTL and Low Tide Line (hereinafter referred to
as the LTL) which will be termed as the intertidal zone;
iv) the land area falling between the hazard line and 500 mts from HTL
on the landward side, in case of seafront and between the hazard
line and 100 mts line in case of tidal influenced water body the word
“hazard line” denotes the line demarcated by Ministry of
Environment and Forests (MoEF) through the Survey of India (SoI)
taking into account tides, waves, sea level rise and shoreline
changes.
Q5) Write a note on Classification of Coastal Regulatory Zone ?

Ans) For regulation of developmental activities, the coastal stretches
within 500m of HTL on the landward side are classified into four
categories, viz:
i) CRZ-I: Areas that are ecologically sensitive and important, such as
national parks/marine parks, sanctuaries, reserve forests, wild
habitats, mangroves, corals/coral reefs, area close to breeding and
spawning grounds of fish and other marine life, areas of outstanding
natural beauty, historical and heritage areas, areas rich in genetic
biodiversity, areas likely to be inundated due to rise in sea level
consequent upon global warming and such areas as may be declared by
the authorities and areas between the Low Tide Line and High Tide
Line. Regulation: No new constructions shall be permitted within 500m
of the HTL.
ii) CRZ-II: The area that have already been developed up to or the
shoreline. For this purpose, ' Developed Area' is referred to as that
area within the municipal limits or in other legally designated urban
areas which is already substantially built up and which has been
provided with drainage and approach roads and other infrastructural
facilities, such as water supply and sewerage mains. Regulations:
Buildings shall be permitted neither on the seaward side of the existing
road(or roads proposed in the approved Coastal Zone Plane of the area)
28
nor on the seaward side of the existing and proposed road. Existing
authorized structures shall be subject to the existing local Town and
Country Planning regulations including the existing norms of FIS/FAR
and Reconstruction of the authorized building to be permitted subject
to the existing FSI/FAR norms and without change in the existing use.
iii) CRZ-III: Areas that are relatively undisturbed and those which do
not belong to either Category I or II. These will include coastal zone
in the areas (developed and undeveloped) and areas within Municipal
limits or in other legally designated urban areas which are not
substantially built up. Regulations: The area up to 200m from the HTL
is be earmarked as 'No Development Zone'. No construction shall be
permitted in this zone except for repairs of existing authorized
structures not exceeding existing FSI, existing plinth area and existing
density. However, the following uses may be permissible in this zone-
agriculture, horticulture, gardens, pastures, parks, play fields,
forestry and salt manufacture from sea water. Permission for
development of vacant plots between 200 and 500 m of High Tide Line
in designated areas of CRZ-III with prior approval of Ministry of
Environment and forests permitted for construction of hotels/beach
resorts for temporary occupation of tourists / visitors. Construction/
reconstruction of dwelling units between 200m and 500m of the High
Tidal Line permitted so long as it is within the ambit of traditional
rights and customary uses such as existing fishing villages and gothans.
iv) CRZ-IV: Coastal stretches in the Andaman and Nicobar Islands,
Lakhadweep and small islands, except those designated as CRZ I, CRZ
II and CRZ III. Regulation: (a) No new construction of buildings shall
be permitted within 200m of HTL. (b) The buildings between 200m and
500m from the HTL shall not more than 2 floors, the total area
covered on all floors shall not be more than 50% of the plot size and
total height of construction shall not exceed 9m; (c) The design and
construction of buildings shall be consistent with the surrounding
landscape and local architectural style; (d) Corals and sand from the
29
beaches and coastal waters shall not be used for construction and
other such purposes. (e) Dredging and underwater blasting in and
around coral formations shall not be permitted. However, in some of
the islands, coastal stretches may also be classified into categories of
CRZ-I or II or III with the prior approval of the MoEF.
Q6) List out prohibited activities within CRZ?

➢ The list of major activities prohibited in CRZ is as under:
i) Setting up of new industries and expansion of existing industries with
certain exceptions;
ii) manufacture or handling oil storage or disposal of hazardous substance
as specified in the notifications of Ministry of Environment and Forests
on various dates;
iii) Setting up and expansion of fish processing units including warehousing
except hatchery and natural fish drying in permitted areas;
iv) Land reclamation, bunding or disturbing the natural course of seawater
with certain exceptions;
v) Setting up and expansion of units or mechanism for disposal of wastes
and effluents except facilities required for discharging treated
effluents; treatment of waste and effluents arising from hotels, beach
resorts and human settlements located in CRZ areas other than CRZ-
I and disposal of treated wastes and effluent
Q7) Define the term hazard line?

➢ The concept of hazard line was introduced in CRZ notification of 2011.
The word “hazard line” denotes the line demarcated by Ministry of
Environment and Forests (MoEF) through the Survey of India (SoI)
taking into account tides, waves, sea level rise and shoreline changes.
30
Q8) What are tidal influenced water bodies?

➢ Tidal influenced water bodies means the water bodies influenced by
tidal effects from sea, in the bays, estuaries, rivers, creeks,
backwaters, lagoons, ponds connected to the sea or creeks and the
like.
*****
31
Indian Registration Act 1908
Q1) State the documents which are compulsory for Registration?

➢ In view of the Section 17(1) Indian Registration Act 1908, the following
documents are mandatorily registerable, if the value of the immovable
property is Rs.100/- (Indian Rupees One Hundred) and above namely:
(a) Gift Deeds,
(b) Sale Deeds,
(c) Conveyance Deeds,
(d) Settlement Deeds,
(f) Release Deeds,
(g) Partition Deeds,
(i) Lease Deeds of immovable property from year to year or for any term
exceeding one year, or reserving a yearly rent, and
(j) Power of Attorney coupled with interest creating rights in the
immovable property.
Q2) State two consequences on non-registration of documents required to

be registered?
The following are the consequence of the non registration of document
which are compulsorily required to be registered:
➢ The transfer by conveyance of immoveable property through
unregistered document shall not be effective;
➢ Such unregistered conveyance cannot be received as an evidence ·of
any transaction affecting the property;
Q3) Which documents do not require compulsory registration?

The following are the list of documents that do not require registration:
➢ Power of attorney that is given except power to sell property;
➢ Development Agreement & Agreement of sale given by a land owner
to a developer;
32
➢ An agreement to Lease without possession & Lease deed for less

than one year;
➢ Memorandum of oral partition recording a past transaction.
Q4) What is normal time of registration of document?

➢ Any document other than a Will must be presented for registration
within four months from its execution. [Section 23 of the Registration
Act; 1908].
Q5) What is the normal time within which a document has to be

registered?
➢ A document must be normally registered within four months from the
date of its execution, while a copy of a Decree or Order may be
presented for registration within four months from the day on which
Decree or Order was made or where it is appealable, within four months
from the day on which it becomes final.
Q6) What are the effects of non registration of document?

➢ Section 49 of Indian Registration (IR) Act states that :
a) No document which is required to be registered under section 17 of IR
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.
b) The document shall not confer any power to adopt.
c) The document cannot be received as an evidence of any transaction
affecting such property or conferring such power.
33
Maharashtra Regional and Town Planning Act,1966
Q1) Which is the Appropriate Authority under the Maharashtra Regional

and Town Planning Act, 1966?
➢ Appropriate Authority means, any public authority on whose behalf land
is designated for public purpose in any plan or scheme and which it is
authorized to acquire.
Q2) What is Planning Authority under MRTP Act 1966?

➢ "Planning Authority" means, a local authority; and includes - a) a
Special Planning Authority constituted or appointed or deemed to have
been appointed MRTP Act; b) in respect of the slum rehabilitation area
declared under the Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971, the Slum Rehabilitation Authority
appointed under the said Act.
Q3) What is a Development Right under the MRTP Act 1966?

➢ Development Right means, a right to carry out development or to
develop the land or building or both and shall include the Transferable
Development Right (TDR) in the form of right to utilize the F.S.I. of
land which is partially reserved for a public purpose or elsewhere as
the final Development Control Regulations in this behalf provide.
Q4) What is FSI? How "F.S.I." is to be calculated?

➢ The full form of FSI is the floor space index. FSI is also referred to
as FAR or Floor Area Ratio. It is the ratio of the building floor covered
area or built-up area (sum of all floors) to the plot area.
➢ FSI = Total covered area on all floors/ Plot area.
➢ For instance, consider a plot of 1000 sqm. With an FSI of 1, the
built-up area permitted is 1000 sqm. You can build a single-storey
structure on the entire plot or if your building floor covered area is
500 sqm you can build a two-storey structure and so on. If your building
34
floor covered area covers 100 sqm, you can build a 10-storey
structure.
Q5) What is Authorised Development?

The provisions relating to Authorised Development are dealt in Sec 43-
47 of MRTP Act 1966.
As per Sec 43, once a Development plan to develop a particular area is
published in the Official Gazette, no person shall institute development
or do changes the use of any land or carry out any development activity
without the permission in writing of the Planning Authority. No permission
shall require to conduct development initiated by Government or as per
the Court Order or which includes the following cases:
(i) for carrying out works for the maintenance, improvement or other
alteration of any building, being works which affect only the interior
of the building or which do not materially affect the external
appearance thereof except in case of heritage building or heritage
precinct;
(ii) the carrying out of works in compliance with any order or direction
made by any authority under any law for the time being in force ;
(iii) the carrying out of works by any authority in exercise of its powers
under any law for the time being in force;
(iv) for the carrying out by the Central or the State Government or any
local authority of any works:(a) required for the maintenance or
improvement of a highway, road or public street, being works carried
out on land within the boundaries of such highway, road or public
street ; (b) for the purpose of inspecting, repairing or renewing any
drains, sewers, mains, pipes, cable, telephone or other apparatus
including the breaking open of any street or other land for that
purpose;
(v) for the excavation (including wells) made in the ordinary course of
agricultural operation ;
35
(vi) for the construction of a road intended to give access to land solely
for agricultural purposes ;
(vii) for normal use of land which has been used temporarily for other
purposes;
(viii) in case of land, normally used for one purpose and occasionally used
for any other purpose, for the use of land for that other purpose
on occasions;
(ix) for use, for any purpose incidental to the use of a building for human
habitation of any other building or land attached to such building.
Except above, for all the other developments, it is necessary to obtain
the prior permission of State Government, which shall be granted, if
deemed fit and on such conditions as may be specified and the
developments carried with such permission and fulfillment of conditions
shall be called as “Authorised Developments”.
Q6) What are the consequences of Unauthorised Developments under

MRTP Act 1966?
➢ If any owner of land carries out development of land or changed the
use of land (i) without the required permission under the Act; or (ii)
which is not in accordance with the permission granted; or (iii) after
such permission has been revoked or; (iv) in contravention of any
permission which has been modified.
➢ Under such circumstances, Planning Authority can serve a notice U/s
53 to such owner of land to remove Un-authorised Development. The
notice in particular may require the demolition or alteration of any
building or works; or (c) the discontinuance of any use of land.
➢ Any person aggrieved by such notice may, within the period specified
in the notice and in the manner prescribed, apply for permission under
section 44 for retention on the land of any building or works or for the
continuance of any use of the land, to which the notice relates, and
pending the final determination or withdrawal of the application, the
36
mere notice itself shall not affect the retention of buildings or works
or the continuance of such use.
➢ If the permission applied for is granted, the notice shall stand
withdrawn; but if the permission applied for is not granted, the notice
shall stand ; or if such permission is partially granted, the notice shall
stand withdrawn as respects such buildings or works or such part of
the land for which permission is granted, but shall stand as respects
other buildings or works or other parts of the land, as the case may
be.
➢ Planning Authority may prosecute the owner and other person who uses
the land for not complying with the notice where the notice requires
the discontinuance of any use of land being used in contravention of
the notice;
➢ where the notice requires the demolition or alteration of any building
or works or carrying out of any building or other operations, itself
cause the restoration of the land to its condition before the
development took place and secure compliance with the conditions of
the permission or with the permission as modified by taking such steps
as the Planning Authority may consider necessary including demolition
or alteration of any building or works or carrying out of any building or
other operations and recover the amount of any expenses incurred by
it in this behalf from the owner as arrears of land revenue.
➢ Any person prosecuted shall, on conviction, be punished with
imprisonment for a term which shall not be less than one month but
which may extend to three years and with fine which shall not be less
than two thousand rupees but which may extend to five thousand
rupees, and in the case of a continuing offence with a further daily
fine which may extend to two hundred rupees for every day during
which such offence continues after conviction for the first commission
of the offence.
37
Maharashtra Housing & Area Development Act, 1976
Q1) What is a 'cess' under MHADA ?

➢ Cess means, a tax on land and buildings levied or leviable under Chapter
VIII of MHADA Act 1976.
Q2) Who is Occupier as per MHADA Act?

➢ "Occupier" includes:
• any person who for the time being is paying or liable to pay to the
owner the rent or any portion of the rent of the land or building in
respect of which such rent is paid or is payable;
• an owner in occupation of, or otherwise using, his land or building;
• a rent-free tenant of any land or building;
• a licensee in occupation of any land or building; and;
• any person who is liable to pay to the owner damages for the use
and occupation of any land or building.
Q3) Define "owner" under MHADA?

➢ As per Section 2 (26) of the MHADA, “Owner” means a person who
receives rent of a building or land or part thereof which were let out;
and includes an agent or trustee who receives such rent etc.
Q4) What is structural repairs?

➢ As per Section 2 (36) of the MHADA, 1976.
"Structural repairs" means repairs or replacement of decayed, cracked,
or out of plumbed 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 ones 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 the R. C. C. one, or a combination
of both, which repairs or replacement in the opinion of the Board, if not
38
carried out expeditiously may result in the collapse of the building or any
such part thereof.
Q5) Explain the provisions relating to structural repairs under MHADA

Act 1976?
➢ Sec 88 authorises the Board to undertake repairs to a building when
the Board is satisfied that any occupied building is in such a dangerous
condition that it is imminently likely to fall unless its is repaired
urgently to render it fit and safe for habitation.
➢ For this purpose, the Board may prepare a list of such buildings,
setting out the order of priority or urgency, and undertake their
repairs either simultaneously or in such order of priority as per the
exigencies of the case.
➢ In cases where the cost of structural repairs to a building, calculated
at a rate per square meter is in excess of the amount specified by
the State Government by notification in the Official Gazette; or
➢ the cost of structural repairs to a building would exceed the above
amount, but the size of the land is such that it would not be possible
or economical to erect a new building thereon and there is an adjoining
building where the cost of structural repairs would not exceed the
above amount.
➢ Three options are given to the Board by 5. 88 of the Act, as follows:
(a) The Board may decide not to repair such a building and issue a
Certificate to that effect. A copy of such a Certificate is to be
fixed in a conspicuous part of the building for the information of all
its occupiers or (b) The Board may, in cases of special hardship,
decide to carry out structural repairs to such a building on such
terms and conditions as it may impose, although the cost of such
repairs are likely to exceed the limit referred to above; or (c) If
the occupiers of the building agree to bear the excess costs, the
Board may carry out the structural repairs If the occupiers abide
39
by such terms and conditions as are imposed by the Board for

payment of the excess amount to the Board.
➢ Firstly, the Board must give notice of not less than fifteen days to
the owner, informing him that it intends to carry out such repairs
from a specified date, and calling upon the owner to submit his
objections and suggestions, if any. The above notice must also
require the owner to furnish to the Board, a statement containing
the names of all the occupiers in the building as per his records, the
approximate area and location of the premises in occupation of each
occupier and the rent, compensation or other amount payable by
each such occupier
➢ An owner who refuses to furnish a statement as above or
intentionally furnishes a false statement, is punishable with fine upto
Rs. 1000;
➢ A copy of the said notice is to be affixed to a conspicuous part of
the building and must also be published by a proclamation near the
building, accompanied by a beat of the drum, so that occupiers come
to know about it, and can give their and suggestions, if any.
Objections.
➢ After considering the objections and suggestions received within the
specified period, the Board can decide on carrying out the repairs
with or without modification or postpone or even abandon such
repairs.
➢ Even before giving such notice or before the period stated in the
notice expires, the Board can undertake such temporary measures
as may be necessary to prevent danger to or from such a building.
➢ If the Board has reason to believe that the building is immediately
dangerous for habitation, the notice may even specify a notice period
of twenty-four hours.
➢ If the occupiers are required to temporarily vacate their premises
before structural repairs can be undertaken, the Board must allot,
free of charge, temporary accommodation to them. Such temporary
40
accommodation may not be in the same locality or the same floor

area.
➢ If any occupant fails to occupy the temporary accommodation
allotted to him within a period of one month, the responsibility of
the Board to give him temporary accommodation comes to an end.
However, the occupier retains his right to re-occupy his premises
after the building is repaired. Whether or not the occupant accepts
the temporary accommodation offered to him, he must continue to
pay the rent to the owner in respect of the premises vacated by
him. If an occupier does not vacate the premises, the Board may
use such amount of force as may be reasonably necessary to get the
premises vacated.
➢ When the work of structural repairs is complete, the occupier must
forthwith vacate the temporary accommodation and re- occupy his
repaired premises. If he fails to do so within one month of the
notice sent to him in this regard by the Board, his tenancy and other
rights in respect of such premises are deemed to be terminated,
notwithstanding anything contained in the Maharashtra Rent Act or
any contract or any other law, and the owner is entitled to the
possession of such premises.
41
Development Control Regulation 1991.
Q1) What is T.D.R?

➢ Transferable Development Right (TDR) is a development right to utilize
the Floor Space Index of land in lieu of the land foregone on account
of surrendering / gifting land free of cost to the ULB’s (Municipal Body,
Urban Improvement Trust, Urban Development Authority), required to
be set apart for public purpose as per the Master Plan or for road
widening, recreational use zone, etc.
➢ The award is in the form of a TDR Certificate issued by the Competent
Authority.
➢ Thus TDR is floating FSI which can either be sold or utilized in
situ/elsewhere.
Q2) What is FSI? How "F.S.I." is to be calculated?

➢ The full form of FSI is the floor space index. FSI is also referred to
as FAR or Floor Area Ratio. It is the ratio of the building floor covered
area or built-up area (sum of all floors) to the plot area.
➢ FSI = Total covered area on all floors/ Plot area.
For instance, consider a plot of 1000 sqm. With an FSI of 1, the built-
up area permitted is 1000 sqm. You can build a single-storey structure
on the entire plot or if your building floor covered area is 500 sqm you
can build a two-storey structure and so on. If your building floor covered
area covers 100 sqm, you can build a 10-storey structure.
42
Maharashtra Agricultural Lands (Ceilings on Holdings) Act, 1961
Q1) What is agriculture under Maharashtra Agricultural Lands (Ceilings on

Holdings) (MAL) Act 1961?
➢ As per Sec 2(i) of MAL Act 1961; “agriculture” includes– (a)
horticulture, (b) the raising of crops, grass or garden produce or
singhare (trapa bispinosa), (c) the use by an agriculturist of land held
by him, or part thereof, for grazing, (d) the use of any land, whether
or not an appanage to rice or paddy land, for the purpose of rab-
manure, (e) dairy farming, (f) poultry farming, (g) breeding of live-
stock, but, does not include the cutting of wood only.
Q2) Define Agriculturist as per MAL 1961?

➢ Agriculturist means a person who cultivate land personally.
Q3) What is the meaning of “To Cultivate” as per MAL 1961?

➢ “to cultivate” with its grammatical variations and cognate expressions,
means to till or husband land for the purpose of raising or improving
agricultural produce, whether by manual labour or with the use of cattle
or by machinery, or to carry on any agricultural operation thereon
Q4) Define the term 'cultivate personally'?

➢ Under Section 2 (9) of the MAL Act, 1961 - Cultivate personally means
to cultivate land on one's own account i) by one's own labour, ii) by the
labour of any member of one's family, or iii) under the personal
supervision of oneself or any member of one's family, by hired labour
or by servants on wages payable in' cash or kind but not in crop share.
Q5) What is a family unit as per MAL 1961?

➢ As per Sec 4 of MAL Act, 1961, 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
43
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.
Q6) Define Landless person?

➢ “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 proportionately converted in the
manner provided in section 5 of The Maharashtra Agricultural Lands
(Ceiling on Holdings) Act, 1961) and earns his livelihood principally by
manual labour on agricultural land in either case.
Q7) What does "to hold land" means?

➢ To 'hold land' under the Maharashtra Agricultural Lands (Ceiling on
Holdings) Act, 1961, means, lawfully in actual possession of land as an
owner or as tenant.
Q8) What is Solatium?

➢ Solatium” is part and parcel of compensation that is payable for
compulsory acquisition of land, which may fetch a better price in
market to the land owner.
➢ The Land Acquisition Act now stand repealed and the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, has come into force since then.
➢ According to the new land acquisition law, solatium equivalent to 100%
of the market value multiplied by various factors, whether the land is
situated in a rural or urban area, constituted minimum compensation
package to be given to those whose land is being acquired.
44
Situational Problems
Q1) X" "Y" and "Z" executed an instrument of Gift of immovable property
on 30th August, 2004. On 1st September, at the time of registration,
"Z" had to go abroad urgently. The registration was done only by "X" and
"Y". (a) Is it necessary to register the Gift of Immovable Property?
Ans) Yes, it is necessary to register the gift of immovable property
(b) By what period should "Z" return to complete the registration.
Ans) No specific period is necessary.
(c) What is the provision if "Z" comes after 6 months due to some
unavoidable delay?
Ans) "Z" has to execute separate instrument of gift as time period has
lapsed.
Q2) "X" the owner converts his land held for non-agricultural purpose for
bonafide industrial use of land. "X" has not taken any permission for
conversion.
(a) Can "X" use the land for Industrial use?
Ans) Yes, "X" can use his land for industrial use.
(b) Does "X" require any permission?
Ans) No, "X" does not require any permission.
(c) Does a handicraft Industry come under bonafide industrial use?
Ans) Sec 63 lA - Handicraft industry does not come under bonafide
industrial use.
Q3) Mr. A has encroached Government vested agricultural land part of an

assessed survey number and uses it for a non-agricultural purpose. 'the
State Government decides to remove the encroacher. Mr. A desires to
get his encroachment regularized.
a) Under the Maharashtra Land Revenue Code name the authority who can
remove Mr. A and what is the nature of the power?
45
Ans) The Collector has authority to remove. Nature of the power is

Summary Power.
b) What are amounts which A can be called upon to pay?
Ans) Assessment for the entire survey number, if assessed, and if not
assessed, like amount for same land, same period, same purpose in same
village plus fine not exceeding Rs. 2,000/- and Rs 50/- for every day if
encroachment continues after the date fixed for notice to remove
encroachment to take effect.
c) If A is aggrieved by the order of the authority, which are the options
open to Mr. A ?
Ans) Appeal and Revision in accordance with the Code or establishing
rights in a Civil Court within 6 months from the date of the final order
under this Code
d) Can encroachments on Government vested land be regularized ?
Ans) Yes, it can be regularized under Section 51 of the M.L.R. Code.
d) Who has to shoulder the expenses of removal of encroachment?
Ans) The expenses shall be leviable on the person in occupation of the
land encroached upon.
Q4) Mr. 'A' inherits agricultural land in excess of the ceiling area of
Section 2 Clause 5 (a) of the M.A.L. (Ceilings on Holdings) Act, 1961 in
Thane District of Maharashtra.
i) State the Ceiling Area for the above referred class of land.
Ans) The ceiling area for the above referred class of land is 18 acres or
7.28.43 Hectares.
ii) State the term which could describe the land in excess of the ceiling
area in Mr. 'A's case?
Ans) The term which could describe the land in excess of the ceiling area
in Mr. A case is 'Surplus Land".
Q5) Mr.'A' who has executed a will attested by two witnesses, desires
to register the Will and approaches you for advice.
46
i) In the above case, is registration compulsory ?

Ans) Registration of the Will is optional as per Section 18 of the
Registration Act 1908.
ii) State the consequence, if any, of non registration of the Will.
Ans) No consequences, Will is considered as valid even when not registered
as consequences set out in Section 49 apply only to those documents whose
registration is compulsory under Section 17 of the Registration Act, 1908.
Q6) Mr. Tanaji own 48 acres of dry crop agricultural land in suburbs of
Mumbai. He desires to purchase more agricultural dry crop land in the
suburbs of Mumbai.
i) What is the ceiling for the above land ?
Ans) The ceiling area for the above said dry crop agricultural land is 54
acres.
ii) If Mr. Tanaji purchases more land as stated above, what could be the
legal consequences?
Ans) If Tanaji purchases more land beyond 54 acres, the same would be
considered as a willful contravention of Section 9 of Maharashtra Land
Ceiling Act and accordingly the right, title and interest of the person in
the land so acquired shall be forfeited to the State Government.
Q7) Mr. 'X' applies to the Collector of Thane District for land conversion
of land having mangroves for setting up an industry;
i) In the above case, will the Collector grant the Sanad ?
Ans) The Collector will not grant the Sanad as the mangrove land falls in
Eco-restrictive zone.
ii) Under CRZ in which zone do mangroves fall?
Ans) Under C.R.Z mangroves fail in Category I of the classification under
the Notification of 1991 issued under the Environment Protection Act,
1986.
47
Q8) Under Section 53 of the Maharashtra Regional and Town Planning

Act, 1909, the Planning Authority served a notice upon Shri Patil the
owner, and Shri Mhatre the occupant of the land, calling upon him to
remove unauthorized development within 1 month of service of notice, and
to restore land to its pre-development conditions. Mr. Mhatre is in the
occupation of land
a) Is the notice served upon Mr Mhatre valid?
Ans) Section 53 of MRTP Act 1909 empowers the Planning Authority to
serve notice to the owner to remove unauthorized development and such
notice shall be for minimum 1 month. As such, the notice served upon Mr.
Mhatre is valid.
b) What is the remedy of the Planning Authority in case the notice is not
complied with?
Ans) The remedy of the Planning Authority in case the notice is not
complied with, is eviction of the person unauthorisedly occupying land.
Planning Authority may take such steps as it may consider necessary
including demolition or alteration of any building or works or carrying out
of any building or other operations; and recover the amount of any
expenses incurred by it in this behalf from the owner as arrears of land
revenue
c) Who is liable for expenses incurred in case of demolition by the Planning
Authority ?
Ans) The persons who are occupying the place are liable for expenses
incurred in case of demolition by the Planning Authority.
Q9) Mr. Ramesh, Mr. Jayesh and Mr. Rajesh executed an instrument of
gift of immovable property on 30th August, 2007. On 1st September at
the time of registration, Mr Rajesh had to go abroad urgently the
registration was done only by Mr. Ramesh and Mr. Jayesh.
a) Is it necessary to register the gift of immovable property?
Ans) Yes, it is necessary to register the gift of immovable property, if
the value of property exceeds Rs.100/-
48
b) By what period, should Mr. Rajesh return to complete the registration

Ans) The registration has to be done within 4 months from its execution
as such Mr. Rajesh should return within 4 months of the gift deed made,
to complete the registration.
c) What is the provision if Mr. Rajesh comes after 6 months due to some
unavoidable delay ?
Ans) There is a provision for additional 4 months for registration as such
if Mr. Rajesh comes after 6 months due to some unavoidable delay. He
can complete registration with payment of penalty as per provisions of
Registration Act.
Q) Under an Award under the Land Acquisition Act, an amount of

Rs.10,00,000/- is paid to the land owners as compensation.
a) Name the date which is reckoned for determination of market value of
the acquired land.
Ans) The value of the land at the date of publication of the Notification
under Section 4 of the Land Acquisition Act is reckoned for determination
of the market value.
b) What happens if the Award is not made within the prescribed time
under Section 11A of the Land Acquisition Act ?
Ans) The collector shall make an Award under Section 11 within a period
of two years from the date of the publication of the declaration and if
no Award is made within the period, the entire proceeding for the
acquisition of the land shall lapse.
c) Name the Sections which govern the grant of compensation?
Ans) Section 5 of the Land Acquisition Act, 1894 provides the provision
of payment of damages.
d) Can a land owner ask for more compensation on the basis of the use
for which the acquired property would be put to?
Ans) No, the land owner cannot ask for more compensation on the basis
of the use for which the acquired property would be put to.
49
e) In the above problem, if the market value of the land was Rs

5,00,000/-, what would be the amount of solatium ?
Ans) The amount of solatium is 30% of the market value awarded by the
Land Acquisition Officer, so the solatium in this case will be Rs.
2,00,000/-.
50
Other Questions
Q1) What is Warkas Land under the Maharashtra Tenancy and

Agricultural Lands Act, 1948
➢ Warkas land means the land which is used for the purpose of 'rab
manure' in connection with rice cultivation, and is classified in the
revenue records as warkas.
➢ The ‘warkas’ land is the land of the poor productivity
➢ On such lands cultivators cut grass, brush wood branches of trees and
use them as rab or wood-ash for rice cultivation.
Q2) Explain the term "Holder?

➢ The term "holder" means a person lawfully in possession of land
whether such possession is actual or not.
Q3) What is duly stamped instrument?

➢ Duly stamped instrument means that instrument which 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 the State.
Q4) What is a Development Right ?

➢ Development Right is a right to carry out development or to develop
land or building and includes T.D.R.
*****
51

Land Laws Questions &amp; Answers May 2023

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Land Laws Questions &amp; Answers May 2023

Uploaded by

Copyright:

Available Formats

Mumbai University

3 Years LLB- Semester IV (May 2023),

Bombay Stamp Act 1958.

Q2) What is duly Stamped Instrument ?

➢ Every impressed stamp paper must be brought in the name of one of

Q5) What is Adjudication?

Urban Land (Ceiling And Regulation) Act, 1976

Q1) What is vacant land as per ULCRA 1976?

Q2) What is urban Agglomeration?

Q3) What is dwelling unit in ULCRA 1976?

Q4) What is urban land as per ULCRA 1976?

Q5) What is ceiling limit as per ULCRA 1976?

i) category A specified in Schedule I- Ceiling is 500 Sq.metres.

MAHARASHTRA LAND REVENUE CODE (MLRC), 1966

Q1) What is Sanad?

Q2) How is Sanad granted to a holder under the Maharashtra Land

health, safety and convenience or if such use is contrary to any scheme

Q3) What is a farm building ?

Q4 ) Define 'gaothan' under the Maharashtra Land Revenue Code, 1966?

➢ “Superior holder” means a landholder entitled to receive rent or land

Q6) What are the provisions of MLRC 1966 regarding regularization of

Q7) Write a note on Encroachment of Government Land?

Q8) Write short note on record of Rights?

Q9) What are land records?

Q10) What is 7/12 extracts? How are purchases recorded in VII/XII

Q11) What is Nishtar Patrak and what it contains?

unoccupied land in a village. Nishtar Patrak provides/contains in

Q12) What is Wajib ul-arz?

Q13) What is standard rate of assessment?

Q14) What is foreshore?

Land Acquisition Act-1894.

Q1) Define Land under Land Acquisition Act?

Q2) Define Collector as per Land Acquisition Act?

Q3) Define Appropriate government as per LA Act 1894?

Q4) What is public purpose as per Land Acquisition, compensation,

Section), excluding private hospitals, private educational

Q5) Who is person interested as per LA Act 1894?

Q6) How is Land Acquire under LA Act 1894?

sub-soil; (iii) to do all other acts necessary to ascertain whether the

containing his recommendations on the objections, together with the

from the publication of the declaration, all the acquisition proceedings

Q7) Explain the role of court in Land Acquisition Act 1894?

Q8) Write Short Note on Social Impact Assessment (SIA)?

➢ The appropriate Government shall ensure that a public hearing is held

is the absolute bare-minimum extent needed for the project and

Environment Protection Act 1986.

Q1) What is Inter-tidal Zone ?

Q2) Explain High Tide Line.

Q3) What is foreshore ?

Q4) Write a Short Note on Coastal Regulatory Zone?

Q5) Write a note on Classification of Coastal Regulatory Zone ?

Q6) List out prohibited activities within CRZ?

Q7) Define the term hazard line?

Q8) What are tidal influenced water bodies?

Indian Registration Act 1908

Q1) State the documents which are compulsory for Registration?

Q2) State two consequences on non-registration of documents required to

Q3) Which documents do not require compulsory registration?

➢ An agreement to Lease without possession & Lease deed for less

Q4) What is normal time of registration of document?

Q5) What is the normal time within which a document has to be

Q6) What are the effects of non registration of document?

Maharashtra Regional and Town Planning Act,1966

Q1) Which is the Appropriate Authority under the Maharashtra Regional

Land Laws Questions & Answers May 2023

Land Laws Questions & Answers May 2023