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Ashish Hamand   23 April 2021

Realted to procedure

what is legal procedure to convert NA 45 property to NA44 Property.


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 1 Replies

Ishaan   24 April 2021

The applicant can apply for non-agricultural permission for any one of the three stipulations mention thereunder:
1. To change the use of land assessed or held for the purpose of agricultural for a non-agricultural purpose.
2. To change use of land held or assessed for non-agricultural purpose for some another non-agricultural
purpose.
3. To use the land for the same non-agricultural purpose for which it is assessed but in relaxation of any of the
conditions imposed at the time of grant of land or permission for such non-agricultural purpose. The case
can be processed only if the submission is substantiated with various documents as under:
a. 7/12 or record or rights of the proposed lands in original x 4 copies.
b. 6-A mutation entries in originals x each 4 copies.
c. 8-A Khate Utara in originals x each 4 copies.
d. Gut book plan of the concern land issued and certified by the district inspector of land records x 4 copies.
e. Certified measurement plan of the land survey from district inspector of land records x 4 copies.
f. Layout plan showing internal roads, open spaces, etc. duly signed by the applicant and the architect x 8
copies.
g. Registration certificate of the architect x 2 copies.
h. Appointment letter for the architect x 1 copy.
i. Complete revenue search for at least 30 years x 4 sets.
j. Power of attorney for the constituted attorney if appointed by the land holders x 2 copies.
k. Grant in right of way documents if access road is obtained from the adjoining owners x 2 copies.
l. NA application in prescribed form x 4 copies.
m. N.O.C. from local authority for conversion of land used x 2 copies.
n. N.O.C. from land acquisition department.
o. N.O.C from pollution board for industrial NA.
p. Authentic documents to prove existence of adequate water source.
q. Provisions to be adopted for sewage, drainage and disposal system.
r. Provisions for adequate infrastructure in the case of vast layouts.
s. “sales permissions” for tenanted lands under layout.

For Industrial N.A. use case papers will likewise go to different Government officials for check in regards to insurance structure air and water contamination and nature. In the event that the proposed land in full or part is acquired under "The Bombay Tenancy and Agricultural Lands Act, 1948, getting of "Offer Permission" from the able Authority is an outright should prior to giving N.A. Authorization. Allow me to raise a point here that acquirement of offer authorization in itself is a huge subject and requires colossal expert skill and information on the predominant land institutions. 

The situation of ancestral terrains is exceptionally uncertain. All inhabitances of Tribals moved for non tribals after sixth July 1974 will be obligated for arraignment under the Maharashtra Land (Amendment) Act, 1974 orgenerally known as Maharashtra Act XXXV of 1974. Additionally every one of the exchanges and adiwasi grounds to non-tribals influenced during the time frame from first April 1957 to sixth July 1974 will be perused with concurring the to "The Maharashtra Restoration of Lands to booked Tribals act, 1975 which is known as Maharashtra Act No. xiv of 1975. Yet, anyway the non ancestral transferee can succeed if the land being referred to has been put to any non farming use prior to the sixth July 1974. It is by and large accepted that if no answer is given by the Authority to the Applicant inside 90 days from the date of affirmation of the application the N.A. consent will be considered to have been allowed. On the off chance that all conditions are satisfied under sec 44(3) of the M.L.R.C. 1966, the consent is considered to have been conceded. It isn't in actuality allowed however the Act of Legislature treats that it is conceded. The candidate isn't obligated to any fine or punishment under area 45. 

According to section 44(6) of the code after the adjustment of land utilize a sand will be allowed to the holder in the structure in plan IV if the land is arranged external the ward of the Planning Authority and in Schedule V if the land is arranged inside the locale of the Planning Authority. On the off chance that the candidate neglects to show up before the Collector for execution of sanad inside a sensible time, a notification can be given to him such that such demonstration of non execution of sanad would involve crossing out of N.A. consent previously allowed. The Government is no approved to adjust very or drop the terms and states of a sanad whenever they are settled upon between the Government and the inhabitant, as the sanad is executed by the Collector in the interest of the Governor under Article 299 of the Constitution and it establishes a legally binding commitment. In any case, if the sanad is executed by the gatherer in his ability as an income official in exercise of his legal commitment for private gatherings; in this way Government of income officials are engaged to change; revise or drop the terms and states of the sanad.


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