Land Law (Long Answers)

Q.1: Explain procedure under section 51 and 52 of Maharashtra land

revenue code, 1966.
Answer:

Section 51: Regularization of Encroachments

1. Collector's Authority: The Collector can regularize (legalize) land
encroachments (illegal occupation) if the encroacher requests it.
2. Charges and Assessment:
- The encroacher must pay up to five times the market value of the encroached
land.
- An annual land revenue (tax) up to five times the usual rate can be set.
3. Granting the Land:
- The Collector can then officially grant the land to the encroacher with specific
terms and conditions.
4. Public Notice:
- Before granting the land, the Collector must issue a public notice of his
intention to do so.
- The notice should be given in a way the Collector deems appropriate.
- The public can submit objections or suggestions.
5. Expenses:
- The encroacher must pay for the expenses of issuing the public notice.
- If the encroacher doesn't pay these expenses when asked, the cost will be
recovered as land revenue arrears.

Section 52: Valuation and Land Revenue Calculation

1. Market Value:
 - The Collector will determine the value of the encroached land based on the
market value of similar land in the same area at the time of valuation.
2. Land Revenue Assessment:
- The annual land revenue for the encroached land will be set at the same rate as
similar land in the vicinity.
3. Conclusive Decision:
- The Collector's decision on the land value and the land revenue amount is final.
- If the land was occupied for any part of the year, it will be counted as a full year
for revenue calculation.

Conclusion: If someone illegally occupies land, they can request the Collector to
legalize it by paying significant fees and taxes. The Collector must notify the
public and consider any feedback before making a decision. The value and tax of
the land will be determined based on similar properties, and the Collector's
decision on these matters is final.
Q.2: Procedure for obtaining sanad?
Answer:
Sanad define:
A sanad is an official document issued by the government, typically by a
Collector, that grants rights, permissions, or ownership of land. It serves
as a legal certificate recognizing the holder's entitlement to use or own a
specific piece of land under specified conditions.

Procedure for granting of sanad:

- A "sanad" is an official document granting rights or land
ownership under the Maharashtra Land Revenue Code (MLRC),
1966. The procedure for granting a sanad involves several steps to
ensure transparency, compliance with legal requirements, and
consideration of public input.
-
- The process begins with the submission of an application by the
person seeking the sanad. This application must be directed to the
Collector and should include all necessary details and supporting
documents pertaining to the land in question. The Collector, or a
designated officer, will then verify the application. This
verification may involve an inspection of the land to ensure that
the details provided in the application are accurate and that the
land is suitable for the purposes stated.
- Once the initial verification is complete, a public notice about the
application for the sanad is issued. The notice is displayed in a
manner deemed appropriate by the Collector, which could include
posting on the land itself or publication in local newspapers. The
purpose of this public notice is to inform the community and allow
members of the public to raise any objections or provide
suggestions regarding the granting of the sanad.

- After the public notice has been issued, the Collector will consider
any objections or suggestions received from the public. If there are
objections, the Collector will conduct a hearing to address these
concerns and make a fair decision. This step ensures that the
interests of the community and any potentially affected parties are
taken into account.

- The next step involves the valuation and assessment of the land.
The Collector assesses the value of the land based on the market
value of similar land in the area. Additionally, an annual land
revenue is assessed, which is calculated based on the revenue of
similar land in the vicinity. This ensures that the land is valued
fairly and that appropriate revenue is collected.

- Following the valuation and assessment, the Collector makes a

decision on whether to grant the sanad. If the decision is in favor of
granting the sanad, the terms and conditions for the grant are
specified. These terms may include any fees or taxes that need to
be paid by the applicant. The applicant must comply with these
conditions to proceed.

- Once all conditions are met, the sanad is officially issued to the
applicant. This official issuance means that the land records are
updated to reflect the new ownership or rights granted by the
 sanad. The applicant is now legally recognized as the owner or
holder of the rights to the land as specified in the sanad.

- Finally, the applicant is required to pay any fees associated with

the process. This includes fees for the public notice, as well as the
assessed land value and annual taxes. If the applicant fails to pay
these fees, the amount can be recovered as arrears of land revenue,
ensuring that the financial obligations are met.
Q.3: Matters to be considered while granting SANAD or short notes of
SANAD?
Answer:

Under Section 23 of the Land Acquisition Act, 1894, several factors are
considered while determining compensation for land acquisition.
1. Market Value:
- The main consideration is the market value of the land on the date of
publication of the acquisition notification.
- This is the price that the land would fetch in the open market if sold.
2. Damages to Land:
- Compensation includes any damages caused to other land of the
owner due to the acquisition.
- This covers any negative impact on the remaining land that wasn’t
acquired.
3. Severance Damages:
- If only part of the land is acquired, compensation includes damages
for the severance (separation) of the acquired land from the remaining
land.
- This accounts for any decrease in value of the remaining land due to
the partial acquisition.
4. Injurious Affection:
- Compensation for any loss due to the land being put to a different use
which affects the remaining land.
- For instance, if the use of the acquired land causes inconvenience or
reduces the value of the remaining land.
5. Relocation Costs:
- If the landowner has to move their residence or business due to the
acquisition, the costs of relocation are considered.
- This includes expenses for moving and settling in a new location.
6. Business Losses:
- If the acquisition affects the owner’s business, the loss of earnings is
considered.
- This can include both immediate losses and long-term impacts on the
business.
7. Additional Compensation:
- Any other relevant factors that may affect the value of the land or the
owner's interests are also considered.
- This ensures that all possible losses and impacts are fairly
compensated.
Additional 15% Per Annum
- The Act provides for an additional amount calculated at 15% per
annum on the market value from the date of notification to the date of
award or possession, whichever is earlier.

Solatium
- An additional sum (solatium) of 25% of the market value is given to
the landowner for the compulsory nature of the acquisition.
These factors ensure that the landowner receives fair and comprehensive
compensation for the land acquired, covering both direct and indirect
losses.
Q.4: Provision regarding structural repairs and alternative
accommodation under the MHADA Act, 1976.
Answer:
Structural Repairs and Alternative Accommodation Provisions under
MHADA 1976
1. Assessment of Building Condition:
- The Board, upon reviewing information from the Municipal
Commissioner, authorized officers, or other sources, can declare a
building dangerous and in need of immediate structural repairs to
prevent collapse.
2. Priority Listing:
- Buildings in need of repairs are listed by priority based on urgency.
Repairs can be done simultaneously or according to priority and
available resources.
3. Cost Considerations:
- If repair costs exceed ₹1,000 per square meter, the Board may opt
not to repair the building. This also applies if it's not economical to erect
a new building on the site or if there's an adjoining building where
repairs are feasible under the cost limit.
- In cases of special hardship, the Board may still consider repairs even
if costs exceed the limit.
- Occupiers can choose to bear the excess costs, allowing the Board to
proceed with repairs.
4. Role of Municipal Commissioner:
- The Municipal Commissioner must inform the Board of any
buildings in dangerous conditions, especially those that haven't complied
with safety notices.
5. Notification Procedure Before Repairs:
- The Board must notify the building owner at least 15 days before
starting repairs, inviting objections or suggestions.
- The owner must provide details of all occupiers, their premises, and
rental information.
- The notice must also be prominently displayed on the building and
announced publicly to inform all occupiers.
6. Handling Immediate Dangers:
- If a building is immediately dangerous, a shorter notice period of 24
hours may be given.
- Temporary measures can be taken to prevent imminent danger before
the notice period ends.
7. Consequences for Non-Compliance:
- Owners who fail to provide the required information or provide false
information may be fined up to ₹1,000.
These provisions ensure that buildings posing a safety risk are promptly
addressed, with clear procedures for notifying stakeholders and
managing repair costs.
Q.5: Different CRZ, and activities not permitted and restricted:
Answer:
Definition of CRZ:
The Coastal Regulation Zone (CRZ) refers to designated coastal
areas in India governed by specific regulations to protect the
environment, preserve ecosystems, and control development activities.
These zones aim to balance ecological conservation with sustainable
development and are categorized based on ecological sensitivity and
human activity levels.
The Coastal Regulation Zones (CRZ) in India are classified into
different categories based on their ecological significance and human
activity levels. Each category has specific regulations and permissible
activities to ensure sustainable development and environmental
protection.

CRZ Categories:
- CRZ-I: includes ecologically sensitive areas like mangroves, coral
reefs, and wildlife habitats. In this zone, no new construction is
allowed except for defense and conservation projects, ensuring
these vital ecosystems are protected from development.

- CRZ-II: encompasses developed urban areas near the shoreline.

Construction is allowed on the landward side of existing structures,
following local planning rules, which helps maintain urban growth
while protecting the immediate coastal environment.

- CRZ-III: covers rural and relatively undisturbed areas.

Construction is prohibited up to 200 meters from the High Tide
Line (HTL) to preserve natural landscapes, but limited
 construction is allowed between 200-500 meters for tourism, local
housing, and other regulated purposes.

- CRZ-IV: consists of water areas up to 12 nautical miles seaward

and tidal water bodies like estuaries, rivers, and backwaters.
Activities such as fishing and navigation are permitted, but the
discharge of untreated waste is prohibited, and sand and rock
extraction is restricted to prevent water pollution and habitat
destruction.

- CRZ-V: refers to special areas requiring tailored protection, such

as the Sundarbans mangrove forests, with specific regulations
designed to conserve these unique ecosystems.

Across all CRZ categories, there is a strong emphasis on protecting and

improving the environment, maintaining public access to beaches, and
ensuring that any development is sustainable and complies with stringent
environmental norms.
Activities prohibited on CRZ area:

- Discharge of Untreated Waste: Industries, cities, and towns cannot

discharge untreated wastes and effluents into the coastal areas. Existing
practices must be phased out within three years.
- Dumping of City/Town Wastes: The dumping of municipal waste for
landfilling or other purposes is prohibited. Existing practices must be
phased out within three years.
- Dumping of Ash or Waste from Thermal Power Stations: This practice
is banned to prevent contamination and pollution.
- Land Reclamation and Bunding: Changing the natural course of sea
water is prohibited except for essential constructions like ports, harbors,
and bridges.
- **Mining of Sands and Rocks**: Generally prohibited except for
rare minerals not found outside CRZ areas. In the Andaman and Nicobar
Islands, regulated sand mining may be permitted under strict conditions.
- Ground Water Extraction: Harvesting ground water within 200 meters
of the high tide line is banned. Limited extraction is allowed in the 200-
500 meter zone for specific uses like drinking and agriculture.
- Construction in Ecologically Sensitive Areas: Construction activities
are restricted in areas identified as ecologically sensitive to protect
biodiversity.
- Construction Between Low Tide Line and High Tide Line: Limited to
essential facilities like treated effluent pipelines and sea water cooling
systems.
- Altering Natural Features: Activities like altering sand dunes or
landscape for beautification or recreational purposes are prohibited to
maintain natural features.
These regulations aim to balance environmental protection with
developmental needs, ensuring the sustainable use of coastal resources.
Q.6: (A) Compulsory registration of documents (s.17) of Indian
registration act 1908:
Answer:
Under Section 17 of the Indian Registration Act, 1908, certain
documents related to immovable property must be registered to be
legally valid. These include:

a) Gift deeds of immovable property.

b) Non-testamentary instruments creating, declaring, assigning, limiting,
or extinguishing any right or interest in immovable property worth Rs.
100 or more.
c) Instruments acknowledging payment of consideration for such rights
or interests.
d) Leases of immovable property for more than one year.
e) Non-testamentary instruments transferring or assigning decrees,
orders, or awards affecting immovable property worth Rs. 100 or more.

However, there are exceptions to this rule. For instance, documents

related to shares in joint-stock companies, certain types of debentures,
grants of immovable property by the government, and others mentioned
in Section 17(2) do not require compulsory registration. It's important to
note that a document requiring registration under Section 17 must be
registered within the jurisdiction where the property is located to be
legally valid. Failure to register such documents may affect their
admissibility as evidence in court.
(B) Optional registration of documents:
Answer:
Under Section 18 of the Indian Registration Act, 1908, certain
documents related to immovable property have the option of being
registered. These include:

a) Instruments (excluding gifts and wills) creating, declaring, assigning,

limiting, or extinguishing any right or interest in immovable property
worth less than Rs. 100.
b) Instruments acknowledging the receipt or payment of consideration
for such rights or interests.
c) Leases of immovable property for terms not exceeding one year, and
leases exempted under Section 17.
d) Instruments transferring or assigning decrees, orders, or awards
affecting immovable property worth less than Rs. 100.
e) Instruments creating, declaring, assigning, limiting, or extinguishing
any right or interest in immovable property.
f) Wills.
g) All other documents not compulsorily required to be registered under
Section 17.

While registration of these documents is optional, it's important to note

that if a document falling under Section 18 is not registered, it may lose
its validity. Additionally, a registered document of the same class takes
priority over a non-registered one.
(C) Effect of non-registration of documents:
Answer:
Section 49 of the Registration Act, 1908, specifies the consequences of
not registering documents that should be registered under Section 17 or
the Transfer of Property Act, 1882. If such documents are not registered,
they face three main limitations:

1. No Effect on Property: The document cannot affect any immovable

property it mentions. This means the document won't legally change
ownership, rights, or interests in the property.
2. No Power to Adopt: The document cannot confer the power to adopt.
If the document includes provisions for adoption, these provisions won't
be legally valid.
3. Not Admissible as Evidence: The document cannot be used as
evidence in court to prove any transaction related to the property or to
confer any power mentioned in the document.

However, there are exceptions to these rules:

- Suit for Specific Performance: An unregistered document can be used
as evidence in a lawsuit seeking specific performance. This is a legal
action where the court is asked to enforce the exact terms of a contract.

- Part-Performance of a Contract: An unregistered document can also be

used as evidence to show part-performance of a contract under Section
53A of the Transfer of Property Act, 1882. This means if one party has
taken significant steps to perform their part of the contract, the
unregistered document can be used to support their claim.

- Collateral Transactions: The document can be used as evidence for any

collateral transaction that does not require registration. This means it can
be used to prove related but separate matters that do not involve the
transfer of property rights.

In essence, while unregistered documents lose many of their legal

powers, they can still be useful in certain legal contexts to support
specific claims or actions.
Q.7: legal provision relating to ‘unauthorized development’ Under
Maharashtra regional and town planning act 1966.
Answer:

The Maharashtra Regional and Town Planning Act, 1966, contains

several provisions to address unauthorized development. Unauthorized
development refers to any construction or land use that does not comply
with the approved plans, permissions, or regulations set by the planning
authority.
Firstly, if any development is carried out without the required
permission or deviates from the approved plans, the planning authority
can issue a notice to the owner, occupier, or developer under Section 52.
This notice requires them to stop the development and explain why it
should not be demolished or brought in conformity with the regulations.
Secondly, under Section 53, after giving a reasonable opportunity for the
recipient to present their case, the planning authority can take action. If
no valid explanation is provided, the authority may direct the removal,
alteration, or demolition of the unauthorized structure or use.
Thirdly, Section 54 states that engaging in unauthorized development is
an offense. The person responsible may face penalties, including fines
and imprisonment, depending on the severity and persistence of the
violation. This serves as a deterrent to prevent unauthorized activities.
Moreover, under Section 55, the planning authority has the power to
stop any ongoing unauthorized development immediately. They can
issue an order to cease all construction or use activities until the matter is
resolved, ensuring that further unauthorized development is prevented
promptly.
Additionally, in certain cases, unauthorized developments can be
regularized by the planning authority as per Section 56. This involves
the payment of a penalty and bringing the development into conformity
with the planning regulations, offering a legal avenue to rectify past
violations.
Furthermore, if the unauthorized development is not regularized or
altered as per the directions, the planning authority can demolish the
structure under Section 57. The costs for such demolition can be
recovered from the owner or developer as arrears of land revenue,
ensuring that the burden of non-compliance falls on the violator.
The planning authority is responsible for monitoring and enforcing these
provisions. They conduct regular inspections to identify unauthorized
developments and take necessary actions as per the law. This
enforcement mechanism ensures adherence to the planning regulations
and maintains orderly development within the jurisdiction.
Individuals affected by the planning authority's actions can appeal to a
higher authority or court, providing a legal recourse for those who feel
aggrieved by the decisions of the planning authority. This appeal process
ensures fairness and justice in the enforcement of planning regulations.

Conclusion:
Maharashtra Regional and Town Planning Act, 1966, provides a
comprehensive framework to prevent and address unauthorized
development. It empowers planning authorities to enforce regulations,
penalize violators, and ensure that development within their jurisdiction
follows approved plans and standards. Compliance with these
regulations is essential for safe, sustainable, and orderly urban
development.
Q.8: Parameters to be considered while granting compensation for
acquisition of land:
Answer:

When the Collector determines the compensation for land acquired

under this Act, several factors are taken into consideration:
1. Market Value and Award Amount: The Collector considers the
market value of the land as determined under Section 26, along with any
award amounts specified in the First and Second Schedules of the Act.
2. Damage to Standing Crops and Trees: Compensation is provided for
any damage suffered by the landowner due to the taking of standing
crops and trees on the land at the time of acquisition.
3. Severance Damage: If the acquired land is severed from the
landowner's other property, compensation is given for any damage
suffered as a result.
4. Injury to Other Property: Compensation is provided for any damage to
the landowner's other movable or immovable property caused by the
acquisition or loss of earnings.
5. Relocation Expenses: If the landowner is compelled to change their
residence or place of business due to the acquisition, reasonable
expenses incurred for such change are compensated.
6. Diminution of Profits: Compensation is provided for any loss of
profits suffered by the landowner between the declaration of acquisition
and the Collector's taking possession of the land.
7. Other Grounds: The Collector may also consider any other factors that
promote equity, justice, and benefit the affected families.
Overall, these parameters ensure that the compensation awarded takes
into account the various impacts on the landowner and aims to provide
fair and just compensation for their loss.
Q.9: (A) Procedure of adjudication under Maharashtra stamp act,1985.
Answer:

1. Submission of Instrument: Any party to an instrument, whether

executed or not, can bring it to the Collector for adjudication. This
applies whether the instrument has been previously stamped or not.
2. Application and Fee: The party must apply to the Collector and pay a
fee of Rupees 100. This fee is for seeking the Collector's opinion on the
duty or stamp required for the instrument.
3. Collector's Determination: The Collector will examine the instrument
and determine the duty, if any, with which the instrument is chargeable.
This determination is based on the Collector's judgment and the
provisions of Schedule I of the Maharashtra Stamp Act, 1958.
4. Evidence Requirement: The Collector may request additional
evidence, such as a true copy of an abstract of the instrument or
affidavits, to prove the facts stated in the instrument. This ensures that
all relevant information affecting the chargeability of the instrument is
fully and accurately disclosed.
5. Refusal to Proceed: The Collector may refuse to proceed with the
adjudication until the necessary evidence is furnished.
6. Confidentiality and Penalty Relief: Evidence furnished under this
section cannot be used against any person in civil proceedings, except
for inquiries related to stamp duty. Additionally, paying the full duty
relieves the person from any penalty incurred due to the omission of
facts or circumstances in the instrument.

(B) Legal Provisions Pertaining to Instruments not Duly Stamped:

1. Impounding of Instruments: Any person authorized by law, upon
finding an instrument not duly stamped, must impound it. This applies
regardless of the instrument's validity in law.
2. Examination Requirement: Every person authorized to impound must
examine the instrument to determine if it's stamped with the required
value and description according to the law in force at the time of
execution.
3. Exceptions: Certain officials, such as Magistrates or Judges of
Criminal Courts, may not be required to examine or impound
instruments unless they deem it necessary for specific proceedings. High
Courts can delegate this duty to appointed officers.
4. State Government Determination: The State Government has the
authority to determine what constitutes public offices and who is
deemed to be in charge of them.
These provisions aim to ensure the proper collection of stamp duty and
safeguard the revenue of the state. They provide a systematic process for
adjudicating instruments and impounding those not duly stamped,
thereby enforcing compliance with stamp duty regulations.
Q.10: Restrictions on sale of agricultural land:
Answer:

The Maharashtra Tenancy and Agricultural Land Act, 1948, imposes

restrictions on the sale of agricultural land to protect the interests of
tenants and ensure equitable access to land. Here's a simplified
explanation of the restrictions:

1. Landlord's Application to Tribunal: If a landlord intends to sell

agricultural land, they must apply to the Tribunal to determine a
reasonable price.
2. Offer to Tenants and Others: After the Tribunal determines the price,
the landlord must make offers to tenants in possession and others
according to a priority list.
3. Acceptance of Offer: People receiving offers must respond within a
month whether they are willing to purchase at the determined price.
4. Payment or Deposit: If only one person accepts the offer, they must
pay the price to the landlord or deposit it with the Tribunal. If multiple
people accept, the one with the highest priority must pay.
5. Failure to Pay: If the person fails to pay within the specified time, the
offer moves to the next person in priority.

6. Dispute Resolution: Any disputes regarding the offer, payment, or

sale deed are resolved by the Tribunal.
7. Permission for Direct Sale: In some cases, landlords can sell directly
to tenants with Tribunal permission at a mutually agreed price.
8. Invalid Sales: Sales made in violation of these provisions are invalid.
9. Consequences of Tenant Refusal: If a tenant refuses to purchase and
the land is sold to someone else, the landlord can evict the tenant and
transfer possession to the purchaser.

These restrictions ensure that agricultural land sales are conducted fairly
and protect the rights of tenants and other interested parties.
Q.11: Role of court under land acquisition act 1894:
Answer:

Under the Land Acquisition Act, 1894, the court plays several important
roles in the process of land acquisition:

1. Determination of Compensation: If the amount of compensation for

the acquired land cannot be agreed upon by the landowner and the
acquiring authority, the matter is referred to the court. The court then
assesses and determines the fair compensation to be paid to the
landowner.
2. Hearing Objections: The court hears objections raised by affected
landowners or interested parties regarding the acquisition process,
including issues related to the legality of the acquisition, adequacy of
compensation, and any procedural irregularities.
3. Adjudication of Disputes: The court adjudicates disputes arising from
the land acquisition process, such as disputes over title, possession, or
valuation of the acquired land.
4. Judicial Review: The court conducts judicial review to ensure that the
acquisition process complies with the provisions of the Land Acquisition
Act and other relevant laws. It examines whether the acquiring authority
has followed due process, including the issuance of notifications,
conducting inquiries, and providing opportunities for objections and
hearings.

5. Appeals: The court hears appeals against the decisions of the

acquiring authority or earlier court rulings related to land acquisition
matters. Parties aggrieved by such decisions can approach the court for
redressal and seek a review of the decision.

6. Enforcement of Decisions: The court's decisions regarding

compensation, objections, disputes, and appeals are enforceable and
binding on the parties involved in the land acquisition process. It ensures
that the rights of landowners and affected parties are protected and that
they receive fair treatment under the law.

Overall, the court acts as a judicial authority to safeguard the interests of

landowners and affected parties and to ensure that land acquisition
processes are carried out in a lawful and equitable manner.
Q.12: (A) All type of development do not required permission from the
planning authority under Maharashtra regional and town planning act,
1966.
Answer:

Under the Maharashtra Regional and Town Planning Act, 1966, not all
types of development require permission from the planning authority.
Here's a detailed explanation in easy language:
1. Permitted Development: Some types of development are considered
permissible without the need for prior permission from the planning
authority. These may include minor alterations or additions to existing
structures that do not significantly change their use or appearance. For
example, painting a house, repairing a fence, or installing small
structures like sheds or gazebos in residential areas might not require
permission.
2. Exempted Activities: Certain activities or developments are exempted
from planning permission under specific provisions of the law. These
exemptions could apply to temporary structures, certain agricultural
activities, or minor renovations that fall within prescribed limits set by
the planning authority.
3. Low-Impact Developments: Developments that have minimal impact
on the environment or surrounding areas may be exempt from planning
permission requirements. This could include small-scale projects such as
landscaping, installing garden features, or erecting boundary walls
within specified height limits.
4. Deemed Permissions: In some cases, certain developments may be
deemed to have received permission if they meet predefined criteria laid
down by the planning authority. This typically applies to routine or
minor projects that conform to established zoning regulations and
building standards.
5. Emergency Situations: Urgent repairs or activities undertaken in
response to emergencies, such as natural disasters or public safety
concerns, may be exempt from the normal planning permission process.
However, developers are usually required to inform the planning
authority of such activities retrospectively.
6. Prescribed Categories: The law may specify certain categories of
development that are exempt from planning permission requirements.
These categories could include specific types of infrastructure projects,
public amenities, or small-scale commercial activities that are deemed
beneficial to the community and do not pose significant risks or conflicts
with existing land uses.
Overall, while many types of development require permission from the
planning authority under the Maharashtra Regional and Town Planning
Act, 1966, there are exceptions and exemptions provided for activities
that are deemed low-impact, routine, or essential for community well-
being. These exemptions aim to streamline the planning process and
facilitate responsible development while ensuring that appropriate
safeguards are in place to protect the interests of residents and the
environment.
(B) What is development?
Answer:
Under Section 43 of the Maharashtra Regional and Town Planning Act,
1966, "development" refers to any work undertaken on land or any
change in the use of land, buildings, or structures. This includes
construction, reconstruction, alteration, conversion, or demolition of
buildings or structures, as well as changes in land use such as from
agricultural to residential or commercial purposes. In short,
"development" encompasses any activity that modifies or affects the
physical or functional characteristics of land, buildings, or structures.
Q.13: Public purpose? And how is land acquire during urgency:
Answer:
Under the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation, and Resettlement Act, 2013, "public
purpose" refers to the intended use of acquired land for projects or
activities that benefit the general public or a significant portion of the
community. These projects could include infrastructure development,
such as building roads, railways, schools, hospitals, or other public
facilities, as well as projects aimed at promoting industrial growth,
urbanization, or agricultural development. The key aspect is that the
acquisition of land must serve a broader public interest and contribute to
the overall welfare and development of society.

When land acquisition is deemed urgent under the Act, it follows a

specific process:
1. Declaration of Urgency: The appropriate government authority may
declare the acquisition of land as urgent for a particular project or
activity. This declaration is made when there is an urgent need to acquire
land for public purpose projects such as national defense, national
security, or any other emergency situation.
2. Notice to Landowners: Once the urgency is declared, the government
issues a notice to the affected landowners, informing them of the
intention to acquire their land for the stated urgent purpose.

3. Expeditious Process: The acquisition process is expedited to minimize

delays. This may involve bypassing certain procedural requirements
such as conducting social impact assessments or holding public
hearings, which are typically required for non-urgent acquisitions.
4. Compensation and Rehabilitation: Despite the urgency, landowners
are still entitled to fair compensation and rehabilitation measures as per
the provisions of the Act. Compensation should be determined based on
the market value of the land, as well as additional allowances and
benefits as prescribed by the Act.
5. Transparency and Accountability: While urgency allows for expedited
acquisition, transparency and accountability are still upheld. The
government must provide reasons for declaring urgency and ensure that
the acquisition process is carried out in a transparent manner, with
proper documentation and oversight.

In short, during urgency under the Act, land can be acquired quickly for
projects serving public purposes deemed urgent, while still ensuring fair
compensation and adherence to transparency and accountability
measures.
Q.14: Procedure of compensation under section 23 of land acquisition
act 1894:
Answer:
Under Section 23 of the Land Acquisition Act, 1894, the procedure for
compensation involves the following steps:
1. Notice to Interested Persons: The Collector issues a notice to all
persons interested in the land being acquired. This includes landowners,
tenants, and others who may have a stake in the land.
2. Enquiry and Determination of Compensation: The Collector conducts
an enquiry to determine the value of the land and the amount of
compensation to be paid to the landowners. This includes considering
factors such as the market value of the land, its location, potential use,
and any improvements made on it.
3. Hearing Objections: Interested persons have the opportunity to raise
objections to the Collector's valuation and provide evidence to support
their claims for higher compensation.
4. Collector's Decision: After considering all objections and evidence,
the Collector makes a decision on the amount of compensation to be
awarded to each interested person.

5. Award of Compensation: The Collector issues an award specifying

the amount of compensation determined for each interested person. This
award is then published and notified to all concerned parties.
6. Payment of Compensation: Once the award is finalized, the
compensation amount is paid to the landowners and other interested
persons as per the terms of the award.
In short, under Section 23 of the Land Acquisition Act, 1894, the
Collector conducts an enquiry, hears objections, determines the
compensation amount, issues an award, and ensures payment of
compensation to the affected parties.
Q.15: Power of collector and procedure adopted for land acquisition for
public purpose:
Answer:

1. Power of the Collector: The Collector is a government official

responsible for acquiring land for public purposes. They have the
authority to initiate and oversee the land acquisition process.
2. Initiation of Acquisition: The acquisition process begins when the
government or a government agency identifies the need for land for a
public project, such as building roads, schools, or hospitals.
3. Notification: The government issues a notification stating its intention
to acquire land for the specified public purpose. This notification is
published in the official gazette and local newspapers to inform the
affected landowners and the public.
4. Enquiry and Hearing: The Collector conducts an enquiry to determine
the ownership of the land and identify all interested parties. They also
hold hearings to consider objections and representations from affected
landowners.
5. Determination of Compensation: Based on the enquiry and hearings,
the Collector determines the compensation to be paid to the landowners.
This compensation is based on factors such as the market value of the
land, its location, and any improvements made on it.

6. Award: The Collector issues an award specifying the amount of

compensation to be paid to each affected landowner. This award is
published and notified to all concerned parties.
7. Payment of Compensation: Once the award is finalized, the
government makes arrangements to pay the compensation to the affected
landowners. The payment may be made in a lump sum or in instalments,
as determined by the Collector.
8. Possession of Land: After the compensation is paid, the government
takes possession of the acquired land for the specified public purpose.
The land is then used for the planned project, benefiting the community
as a whole.

The Collector has the power to initiate and oversee the land acquisition
process for public purposes, which involves notifying affected parties,
determining compensation, issuing awards, and taking possession of the
land for the designated project.
Q.16: (A) Structural repairs and examine the procedure of structural
repairs and alternative accommodation under the MHADA?
Answer:
Structural repairs refer to the necessary maintenance and restoration
work done on buildings to ensure their structural integrity and safety.
These repairs may include fixing cracks, reinforcing foundations,
repairing roofs, walls, or floors, and addressing any other structural
issues that could compromise the stability of the building.

Under the Maharashtra Housing and Area Development Authority

(MHADA), the procedure for structural repairs and providing alternative
accommodation involves the following steps:
1. Notice to Building Owners: MHADA issues a notice to building
owners informing them of the need for structural repairs and the
intention to undertake such repairs. This notice also allows owners to
submit objections or suggestions within a specified timeframe.
2. Information Gathering: Owners are required to provide MHADA with
a statement detailing the names of all occupiers of the building, the area
and location of each occupied premise, and the rent or compensation
charged for each premise.
3. Public Notification: A copy of the notice is affixed to a conspicuous
part of the building and published near the building, accompanied by a
proclamation or drum beat, to inform occupiers and give them an
opportunity to submit objections or suggestions.
4. Consideration of Objections: MHADA considers any objections or
suggestions received within the specified timeframe and decides whether
to proceed with the repairs, modify the plans, postpone the repairs, or
cancel the intention to repair.
5. Emergency Situations: In cases where a building is deemed
immediately dangerous for habitation, the notice may be returnable
within 24 hours, and MHADA may take temporary measures to prevent
danger to or from the building.
6. Temporary Measures: MHADA has the authority to take temporary
measures to prevent danger to or from the building before or during the
notice period.
7. Penalties: Owners who refuse to furnish required information or
provide false information may be subject to fines upon conviction.

Conclusion:
structural repairs involve necessary maintenance and restoration work on
buildings to ensure their stability and safety. MHADA follows a
structured procedure for notifying building owners, gathering
information, considering objections, and providing temporary measures
or alternative accommodation when needed.
(B) Mumbai building repairs and reconstruction fund:
Answer:
Under Section 86 of the Mumbai Building Repairs and Reconstruction
Fund, the proceeds of the cess collected by the Mumbai Corporation are
first credited to the Consolidated Fund of the State. After deducting the
rebate payable to the Mumbai Corporation for the cost of collection, the
remaining amount is transferred to the fund of the Authority. However, a
separate fund called the Mumbai Building Repairs and Reconstruction
Fund (the Repairs Fund) is created, and the amount transferred to the
Authority's fund is then withdrawn and transferred to the Repairs Fund.
The amount transferred to the Repairs Fund is charged on the
Consolidated Fund of the State. This means that the funds allocated for
building repairs and reconstruction are drawn from the State's
Consolidated Fund.
The funds in the Repairs Fund are then made available to the Authority's
Board for expenditure on the purposes outlined in this Chapter. The
State Government has the authority to make rules governing the Repairs
Fund, including its maintenance, operation, and expenditure.
In summary, Section 86 establishes a dedicated fund, the Repairs Fund,
to finance building repairs and reconstruction in Mumbai. The funds
collected through cess are first credited to the State's Consolidated Fund,
then transferred to the Authority's fund, and finally withdrawn and
transferred to the Repairs Fund for utilization as per the regulations set
by the State Government.
Q.17: (A) Land records? How are acquisition of rights recorded in the
form of 7/12?
Answer:
Land records are documents that contain information about land
ownership, land use, and other details related to land parcels within a
specific jurisdiction. These records are maintained by government
authorities to ensure transparency and accuracy in land transactions and
ownership.

In Maharashtra, land records are maintained under the Maharashtra Land

Revenue Code, 1966. One common form of land record used in
Maharashtra is known as the "7/12 extract" or "Satbara Utara." Here's a
detailed explanation of land records and the process of recording
acquisition of rights through the 7/12 extract:
1. Land Records (7/12 Extract): The 7/12 extract is a document that
provides information about land ownership, cultivation, and various
rights associated with the land. It contains details such as the survey
number, area of the land parcel, names of the landowners, type of
cultivation, and any encumbrances or rights associated with the land.
2. Recording Acquisition of Rights: When rights over a piece of land are
acquired, such as through purchase, inheritance, or government
acquisition for public projects, these changes are recorded in the 7/12
extract to reflect the updated ownership or rights status.
3. Application for Mutation: The process of recording changes in
ownership or rights begins with the submission of an application for
mutation to the revenue authorities. This application typically includes
details of the transaction or acquisition and supporting documents such
as sale deeds, inheritance certificates, or government orders for
acquisition.
4. Verification and Approval: The revenue authorities verify the
application and supporting documents to ensure their authenticity and
compliance with legal requirements. If satisfied, they approve the
mutation application and proceed to update the land records accordingly.
5. Updating Land Records: Once approved, the changes in ownership or
rights are recorded in the 7/12 extract by updating the relevant
information. The names of the new owners or rights holders are added,
and any changes in cultivation or land use are noted.
6. Issuance of Updated Extract: After the changes are recorded, an
updated 7/12 extract is issued to the landowner, reflecting the updated
ownership or rights status of the land parcel.
7. Legal Validity: The updated 7/12 extract serves as a legal document
confirming the ownership or rights of the landholder and is used as proof
of ownership or rights in various legal and administrative proceedings.
(B) Role of talathi as to record of rights:
Answer:

The Talathi plays a crucial role in recording rights related to land

ownership and cultivation in Maharashtra. Here's a simplified
explanation of their role:
1. Maintaining Land Records: The Talathi is responsible for maintaining
land records at the village level. They keep track of details such as land
ownership, cultivation, and various rights associated with land parcels
within their jurisdiction.
2. Updating Records: Whenever there is a change in land ownership,
cultivation, or rights, the Talathi updates the land records accordingly.
This includes recording new acquisitions, transfers, or inheritances of
land rights.
3. Issuing Certificates: The Talathi issues certificates such as the 7/12
extract (Satbara Utara) to landowners, which contain essential
information about their land holdings, ownership, and cultivation details.
4. Verification: The Talathi verifies the authenticity of documents
submitted for changes in land records, such as sale deeds, inheritance
certificates, or government orders for acquisition.
5. Assisting Landowners: They assist landowners in understanding their
land records and resolving any disputes or discrepancies related to land
ownership or rights.
6. Coordination: The Talathi works closely with other revenue officials,
such as the Patwari and Tehsildar, to ensure accuracy and consistency in
land records across the region.
In summary, the Talathi plays a vital role in maintaining accurate land
records and recording rights related to land ownership and cultivation at
the village level in Maharashtra. They facilitate the updating of records,
issue certificates to landowners, verify documents, and assist in
resolving land-related disputes.
(C) Authorities responsible for maintaining land records under the
Maharashtra land revenue code, 1966:
Answer:

Under the Maharashtra Land Revenue Code, 1966, several authorities

are responsible for maintaining land records.
1. Talathi:
- The Talathi is the primary official at the village level responsible for
maintaining and updating land records. They record changes in
ownership, cultivation, and rights, and issue 7/12 extracts and other
land-related documents.
2. Circle Officer / Circle Inspector:
- The Circle Officer supervises several Talathis within a circle (group
of villages). They ensure the accuracy and proper maintenance of land
records and assist in resolving disputes.
3. Tehsildar / Naib Tehsildar:
- The Tehsildar is in charge of a tehsil (sub-division of a district). They
oversee the work of Circle Officers and Talathis, ensure the
implementation of land revenue laws, and handle major land-related
administrative tasks and disputes.
4. District Collector / Deputy Collector:
- The District Collector is the highest revenue officer in a district.
They supervise all land record activities, ensure compliance with
revenue laws, handle high-level disputes, and coordinate with other
government departments for land acquisition and development projects.
5. Survey and Settlement Officers:
- These officers are responsible for conducting land surveys and
settlements, which involve measuring land parcels, updating maps, and
ensuring that land records accurately reflect the current status of land
ownership and boundaries.

Conclusion:
The Talathi, Circle Officer, Tehsildar, District Collector, and Survey and
Settlement Officers are the key authorities responsible for maintaining
and updating land records under the Maharashtra Land Revenue Code,
1966. Each plays a specific role at different administrative levels to
ensure the accuracy and integrity of land records in the state.
(Short Notes – Land Law)
Q.1: FSI and TDR?
Answer:
FSI (Floor Space Index):
1. Definition: Floor Space Index (FSI), also known as Floor Area Ratio
(FAR), is the ratio of a building's total floor area to the size of the plot of
land upon which it is built.
2. Calculation: For example, if a plot is 1000 square meters and the FSI
is 1, then the total built-up area that can be constructed is 1000 square
meters. This could be distributed across multiple floors.
3. Regulations: FSI is determined by local authorities and varies
depending on the type of zone (residential, commercial, industrial) and
specific regulations in place.

Example:
- For a 1000 square meter plot with an FSI of 1, you can build a structure
with a total floor area of 1000 square meters. If you build two floors,
each floor would have 500 square meters.
TDR (Transfer of Development Rights):

1. Definition: Transfer of Development Rights (TDR) allows the

development potential (FSI) of a plot to be transferred from one location
to another.
2. Usage: TDR can be used when the original plot is reserved for public
purposes like parks, roads, or schools. The owner of the plot is
compensated with TDR, which can be used to build on another plot or
sold to another developer.
3. Mechanism:
- If a plot is reserved for a park, the owner can’t build there. Instead,
the owner gets a TDR certificate for the equivalent FSI, which can be
used elsewhere.
- The TDR certificate specifies the amount of FSI that can be utilized
on a different plot.

Example:
- An owner’s plot of 1000 square meters is reserved for a public park.
The owner receives TDR for 1000 square meters, which they can use to
increase the building area on another plot.
Q.2: Vacant Land:
Answer:
Definition: Vacant land refers to a piece of land that is not currently used
for any purpose, meaning it has no buildings, structures, or significant
improvements on it.

Key Points:
1. Unused: The land is not being used for residential, commercial,
agricultural, or industrial purposes.
2. No Structures: There are no buildings or significant constructions on
the land.
3. Potential for Development: Vacant land can be developed in the
future for various uses, such as building homes, businesses, parks, etc.
4. Ownership: Even though the land is vacant, it still has an owner who
holds the title and can decide how to use or develop it.
Examples:
- An empty plot of land in a residential neighborhood that hasn’t been
built on yet.
- A piece of land in a rural area that is not being farmed or used for any
other purpose.

Conclusion: Vacant land is simply land that is currently empty and not
in use, but it has the potential to be developed or used in the future.
Q.3: Adjudication:
Answer:
Definition: Adjudication is the legal process of resolving a dispute or
deciding a case.

Key Points:
1. Decision-Making: It involves a judge or an official making a final
decision on a legal matter.
2. Formal Process: This process usually takes place in a court or a
tribunal.
3. Dispute Resolution: It's used to settle disagreements between parties,
such as individuals, businesses, or government agencies.
4. Outcome: The result of adjudication is a judgment or a ruling that
determines the rights and obligations of the parties involved.

Examples:
- A court case where a judge decides if someone is guilty or not.
- A property dispute where a tribunal decides who legally owns the land.

Conclusion: Adjudication is a formal process where an official or judge

makes a decision to resolve a legal dispute.
Q.4: Wajib-ul-arz and Nistar patrak:
Answer:
- Wajib-ul-Arz is a vital document in village administration that
records the customary rights and practices related to land use
within a village. It meticulously details how the land is used for
various purposes such as agriculture, grazing, and other communal
activities. This document preserves traditional land usage customs,
ensuring that the historical and cultural heritage of the village is
maintained. Additionally, it defines the specific rights and duties of
villagers, clarifying their entitlements to use common resources
like water bodies, forests, and grazing lands, as well as their
responsibilities in managing and sustaining these resources.

The Wajib-ul-Arz plays a crucial role in maintaining order and harmony

within the village community. By clearly outlining the customary rights
and duties of each villager, it helps prevent disputes related to land and
resource use. This document also acts as a reference point for resolving
conflicts and guiding the fair distribution of communal resources.
Furthermore, it ensures that traditional practices are respected and
followed, preserving the village's cultural identity and promoting
sustainable management of its natural resources. Overall, the Wajib-ul-
Arz is an essential tool for upholding the social and environmental fabric
of the village.

- Nistar Patrak is a document that specifies the rights of villagers to

utilize natural resources from the village commons. It outlines the
specific entitlements related to the collection of fuelwood, grazing
of cattle, and other uses of natural resources. This document is
essential for ensuring that villagers have fair access to these
resources while also maintaining sustainable practices. By
 detailing the permissible activities and usage limits, the Nistar
Patrak helps in managing the village’s natural resources
effectively, ensuring that they are not overexploited and remain
available for future generations.

The Nistar Patrak is instrumental in promoting sustainable resource

management within the village community. It provides clear guidelines
on how resources such as forests, water bodies, and grazing lands should
be utilized, thereby helping to prevent overuse and degradation.
Additionally, it ensures that all villagers have equitable access to these
resources, promoting social harmony and cooperation. By documenting
and regulating the use of communal resources, the Nistar Patrak supports
the sustainable development of the village, balancing the needs of the
present population with the preservation of resources for future
generations.
Q.4: Bonafide Industrial Use:
Answer:
Bonafide industrial use, as outlined in Section 44A of the Maharashtra
Land Revenue Code, 1966, refers to the legitimate utilization of land for
industrial activities. This provision exempts landowners from seeking
permission to convert land for industrial purposes under certain
circumstances. If the land falls within an industrial zone designated by
regional or development plans, or if it's intended for industrial use in
areas without such plans, permission for conversion isn't required.
However, several conditions must be met, including having clear
ownership of the land, ensuring compliance with land use regulations,
and not conflicting with public purposes or posing safety hazards.

Upon fulfilling the specified conditions, landowners are required to

provide intimation of the change in land use to the Tahsildar within a
specified timeframe. Failure to comply with these requirements may
result in penalties, including fines and restoration of the land to its
original use. Once the Tahsildar verifies that all conditions have been
met, a sanction, known as a sanad, is granted for the industrial use of the
land. This provision aims to streamline the process for converting land
to industrial use while ensuring compliance with regulations and
safeguarding public interests.
Q.5: Sanad explain.
In the context of land use in Maharashtra, a "sanad" refers to a formal
document issued by the authorities, typically the Collector, granting
permission or sanction for a specific purpose related to land.
Specifically, under Section 44A of the Maharashtra Land Revenue Code,
1966, a sanad is granted to landowners who fulfill the conditions for
converting their land for bona fide industrial use without the need for
additional permissions. This document serves as official confirmation
that the land can be legally utilized for industrial activities as per the
provisions outlined in the code.

The issuance of a sanad is crucial as it provides legal validity and

recognition to the change in land use, ensuring that the landowner can
proceed with their industrial endeavors without facing legal
repercussions. Additionally, it offers clarity and assurance to all
stakeholders involved, including the landowner, government authorities,
and potential investors, regarding the permissible use of the land. By
obtaining a sanad, landowners gain the necessary authorization to utilize
their land for industrial purposes, contributing to the economic
development of the region while adhering to regulatory requirements
and maintaining transparency in land transactions.