Re: notice received from addl. collector office

SAM (Querist) 30 November 2023 This query is : Resolved
Dear Sir,

Agriculture Land was purchased by the 4 persons from agriculturist in the year 2018 vide Sale Deed. Tahsildar has submitted report that the 4 purchasers have not used for non agriculture use within a period of 5 yrs from the date of purchase and for the remaining period . We have received notice under Section 63 of the Maharashtra tenancy and Agricultural Lands Act 1948 that why action should not be taken and are being called for hearing before additional collector office.

Kindly advise how to handle this issue

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A group of four individuals purchased agricultural land in Maharashtra in 2018, stating they were agriculturists at the time of purchase. They have now received a notice under Section 63 of the Maharashtra Tenancy and Agricultural Lands Act, 1948, as the Tahsildar reported the land has not been used for agricultural purposes within five years. The purchasers need advice on how to prove their agriculturist status to the additional collector and respond to the notice, potentially explaining the delay and assuring future use.

kavksatyanarayana (Expert) 30 November 2023
Are the 4 persons who bought the property agriculturists at the time of purchase? If yes, then permission will be given. However, the persons have to attend the inquiry.

SAM (Querist) 01 December 2023
Yes the 4 persons have mentioned in sale deed that they are agriculturist at the time of purchase.

T. Kalaiselvan, Advocate (Expert) 01 December 2023
If there was a notice issued by the authority concerned, then it becomes the duty of the person receiving the notice to issue a proper reply notice denying the allegations.
In the reply he can state the reasons that why he could not use the land for agricultural purposed for a long time and can plead excuse and to condone the acts with an assurance that it will be regularly utilised in future.,

SAM (Querist) 02 December 2023
Section 63 of the Bombay Tenancy and Agricultural Lands Act 1948 says that the transfer of property by sale, gift, exchange, or lease of any land or interest therein is not valid if that person is not an agriculturist or who is not an agricultural laborer.

The 4 person brought the land by way of Sale Deed from farmer stating that they are Agriculturist & Businessman by profession. Now how to prove that the 4 people are agriculturist before revenue authorities (i.e., before addl. collector)?

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