Permission for non-agricultural use:
Section 42 of MLR Code 1966 states that, "No land used for agriculture shall be used for any non-agricultural purpose; and no land assessed for one non-agricultural purpose shall be used for any other non-agricultural purpose without the permission of the Collector."
However the same act is amended and from the 1st day August 2008 no non-agricultural permission is required to obtain in the area other than city if person is constructing residential building for personal use.
The development (residential building) should not be in contravention of the provisions of any law, or any rules, regulations or orders made or issued, under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation project and also those pertaining to environment, public health, peace or safety and if the land is falling outside the limits of;
- Eco-sensitive Zone,
- the area within eight kilometres from periphery Greater Mumbai,
- the area within five kilometres from the periphery of each of Cities of Pune and Solapur,
- the area within one kilometres from the periphery of the Cities of Nagpur andKolhapur,
- the area within one kilometer from the periphery of each of `A' Class or 'B' Class municipal areas,
This amendment is made only for conversion of use of land from agricultural to non agricultural purpose. A person has to obtain permission for constructing house from concern department. (Grampanchayat and if applicable Town Planning)
Under section 44 of the Maharashtra Land Revenue Code 1966, before carrying out any development on the land, an eligible person has to apply to the collector for the permission to convert the use of agricultural land for any non-agricultural purpose, or to change the use of land from one non-agricultural purpose to another non-agricultural purpose.
A. Form of application for permission to convert use of land- Every application for permission for conversion of use of land from one purpose to another as provided in Section 44 is required to make in the form in Schedule I to the Collector.
B. Document required to attached with the application form
For obtaining N.A. Permission applicant has to attach documents as mentioned below:
1. Prescribed form duly filled in duplicate with court fee stamp of rupees 5/-
2. Extract of V.F. 7/12 and its 4 zerox copies,
3. Copies of the all the relevant mutation entries (V.F. 6) pertaining to land in question….one set,
(a) If record is not available in revenue office, a certificate from the Revenue Officer stating theirin that the same is not available with him. (Talathi or Tahasildar as the case may be),
4. Extract of village form 8 A….one copy,
5. Certified copies of the land map from the Taluka Inspector, Taluka Land Record Office,
6. 8 copies of site plan and 8 copies of *building plan (*if permission is asked for constructing building),
7. If the land is not abutting to any classified road and right of way over the boundaries of other survey number/Gat number is acquired, then extract of the relevant V.F.7/12 and V.F. 6 ,
8. If the land in question is abutting EW, NH or SH, copy of theNOC from Highway Authorities or other appropriate authority,
9. NOC from concern Grampanchyat/Municipal councils,
10. If the N.A. permission is already granted and application is to be made for change of use of land, then copy of the NA order and sanctioned plan is to be attached,
11. If the land is attracting provisions of Bombay Tenancy and Agricultural Lands Act, 1948 then the Sale Permissionreceived under section 43/63,
12. No dues certificate from farmer’s co-op society,
13. Certificate received from the Talathi stating theirin that the land in the question is not under acquisition.
14. any other documents such as NOC and clearance certificate etc if the land attract provisions of some other laws
15. if the temporary permission is already granted for layout and application is made for final permission under the circumstances,
a. Copy of temporary NA order permission
b. Plan prepared by survey department after subdivision of land in the plots, roads, open spaces and amenity places etc.
c. 8 copies of the Architect’s plan
d. extract of V.F. 7/12 and its 4 zerox copies and
e. Copy of the mutation entry (V.F. 6) related to the temporary NA permission.
C. Conditions in which permission may be granted:- the collector may grant permission for to convert the use of agricultural land for any non-agricultural purpose, or to change the use of land from one non-agricultural purpose to another non-agricultural purpose. He may grant permissionafter;
a) Considering “Tahasildar’s Report”
b) consulting the “Municipal Corporations or Municipal Councils”
c) and after consulting “Other Authorities”.
a) considering “Tahasildar’s Report”
b) Municipal Corporation, Municipal Council
Where permission is granted for the construction of a structure to be used for any non-agricultural purpose such structure shall, if it is within the jurisdiction of a Municipal Corporation or Municipal Council, be constructed in accordance with the plan approved by the these Authorities in that behalf,
Where there is no such authority, applicant has to submit “No Objection Certificate” for the change of use from Gram Panchayat of the village.
c) Other Authorities
In addition to the Development Control Regulations prepared by planning authorities, and special planning authorities which are specific instruments of regulating development, there are other laws, rules, regulations and policies which aided the development control efforts.
There shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued, under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of theRibbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation project and also those pertaining to environment, public health, peace or safety.
The collector is required to consult the authorities dealing with the above subject. These authorities may give clearance for development under some conditions. These conditions shall be binding on the applicant and such other conditions as the collector may, under the order of the State Government impose.
Some of The Other Authorities Who Are Playing Important Role In Development Control.
1. Town Planning Department:
2. Health Department
3. The Mumbai Village Panchayat Act, 1958
4. Laws Related To Development Along Roads
5. Mumbai Highways Act, 1955
6. National Highway Act 1956
7. Environment (Protection) Act, 1986
8. Indian Forest Act, 1927
9. Forest Conservation Act, 1980
10. Maharashtra Acquisition Of Private Forests Act, 1975
11. Minor Mineral (Extraction) Act, 1955 And Explosives Act, 1984
For more details of these authorities visit “Other Authorities”.
Apart from the conditions imposed by these authorities, there shall be some basic conditions, which shall be binding on the applicant and also such other conditions as the collector may, under the order of the State Government impose. The basic conditions are as follows:
a) The grant of permission shall be subject to the provisions of the Code and Rules made thereunder;
b) The land shall not be used for a purpose other than that for which permission is granted;
c) The applicant shall commence the non-agricultural use applied for within one year from the date of the order made by the Collector in that behalf; failing which, unless the said period is extended by the Collector from time to time, the permission granted shall be deemed to have lapsed;
d) The applicant shall be liable to pay such altered assessment as may be determined with reference to the altered use under Section 110, or as the case may be, Section 114;
If the permission is for building site, then in addition to above,
e) The applicant shall level and clear the land sufficiently to render it suitable for the particular non agricultural purpose for which the permission is granted;
f) The applicant shall not use the land and the building erected thereon for any purpose other than the purpose for which permission is granted without obtaining the permission of the collector under the provision of the code and the rules made thereunder;
g) Applicant shall not divide plot or subplot without prior permission of collector,
Plan annex to the application is sanctioned under the conditions that,
1. Demarcation is to be done as per provisional sanctioned lay out and should get surveyed through Taluka Inspector, Land Record. For obtaining final permission. Permission for building shall be granted only after completing the procedure above.
2. It is responsibility of the applicant to maintain width of the road as per sanctioned lay out. Also he shall prepare road suitable for vehicular traffic along with drainage system.
3. Applicant shall attached layout plan while applying for building permission.
h) Applicant shall plant trees along both sides of the road and it is his responsibility to see that trees are growing.
i) It mandatory on applicant to give road entry to adjacent land’s proposed layout.
j) If the provision of drinking water is not in existence in the area, then it is responsibility of the applicant to make arrangement for drinking water on his own.
k) If the permission is given under Gaothan Extension Scheme, then the sale of plot is restricted to local people only.
l) It is binding on applicant to keep intact natural ways of water or to provide alternate arrangement.
m) Applicant shall not sell plot prior to obtain final permission.
n) Applicant shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced, within thirty days from such date. If the applicant fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but, not exceeding five hundred rupees.
o) Applicant shall pay fee for survey within one month from the date of NA use. Also he shall fixed compound to outer boundary of the scheme.
p) Applicant shall execute sanad in prescribed form within one month from the date of NA use.
q) Applicant shall erect building within three years from the date of grant of sanad. If applicant fails erect building within stipulated period, the collector may extend the period in his discretion. Also he shall liable for fine.
r) On event of violation of any terms or conditions imposed while granting permission, the permission shall be cancelled. Also applicant shall be liable for fine.
s) The above terms and conditions are binding on both applicant and holder of the plot.
D. Refusal of permission
Depend upon location of the land collector may require to consult some of the authorities mentioned above. After receiving opinions from them if collector feels that N.A. permission asked for is in contradictory to thelaws, rules, regulations and policies which aided the development control efforts, he may reject the application with stating the reasons in writing.
Collector is required to inform his decision within the ninety days from the date of acknowledgement of the application, or from the date of receipt of the application-- if the application is not acknowledged, the permission applied for shall be deemed to have been granted, but subject to N.A. permission asked for is not in contradictory to the laws, rules, regulations and policies which aided the development control efforts.
E. Date on which NA use started is required to inform the Tahasildar
The person to whom permission is granted or deemed to have been granted under this section shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced, within thirty days from such date. The person has to pay N.A. taxes from the date on which NA use begins.
If the person fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may, subject to rules made in this behalf, direct but, not exceeding five hundred rupees.
F. Grant of Sand-
Where land is permitted to be used for non-agricultural purpose, a Sanad shall be granted to the holder thereof in the form inSchedule 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.
Sanad is agreement between government and occupant. Conditions of sanad are binding on both the government and occupant. Sanad is prima facie evidence of title but not conclusive evidence.
G. Penalties for unauthorised non-agricultural use-
If any land is used for non agricultural purpose by occupant without obtaining permission, it is lawful for the collector to stop its unauthorised use, ask him to pay NA taxes and penalty.
H. Regularisation of unauthorised use-
Where permission for non agricultural use was possible but occupant had not taken care to apply for permission, under the circumstances collector may regularized his unauthorised use, subject to the following terms and conditions, namely:-
(i) that the holder shall pay the amount of conversion tax leviable and shall pay non-agricultural assessment on the land with reference to the altered use since the commencement of that use
(ii) that the holder shall pay such fine not exceeding 10forty times the non-agricultural assessment on the land with reference to the altered use,
(iii) that the holder shall abide by the conditions specified in column “B” above so far as they are applicable, and such other conditions as the Collector may deem fit to impose.
I. Continuance of offending unauthorised construction-
Where the unauthorised non-agricultural use is contradictory to land used plan prepared for that area by the concern authorities and the Collector is satisfied that the demolition of the offending unauthorised construction is likely to cause heavy damage and serious inconvenience and hardship, he may, if the holder so desires, and in areas falling within the jurisdiction of Planning Authority, after consulting such Planning Authority, allow such construction to stand, with the sanction of the State government, subject to conditions (i) and (ii) in “G” and the additional conditions-
(a) that the holder shall pay a composition fee not less than fifty percent of the cost incurred on the offending unauthorised construction or forty times the non-agricultural assessment payable on the land with reference to the altered use, whichever is greater 2[and]
(b) that the holder shall agree in writing to demolish the offending unauthorised construction without claiming compensation if after reasonable period thereafter, he is asked to do so by the Collector, in the public interest, failing which the Collector shall do so at the holder’s risk and costs:
3[Provided that, if the Collector having regard to the pecuniary condition of the holder is of opinion that undue hardship will be caused to the holder by the recovery of the amount of composition fee laid down in condition(a), and that the offending unauthorised construction was not constructed by the holder with the knowledge that it was unauthorised, the Collector may, with the sanction of the State government, reduce the amount of composition fee payable by the holder under condition(a) to such extent as he may think fit.]
“forty times the non-agricultural assessment on the land” means forty times the non-agricultural assessment, only on that area of the land which is under unauthorised non-agricultural user.
J. On regulation Sanad to be granted-
When any unauthorised non-agricultural use permitted to be continued under “G” or “H”, a Sanad in the form in Schedule VI shall be granted to the holder.