The Maharashtra Land Revenue Code - Updated
The Maharashtra Land Revenue Code - Updated
The Maharashtra Land Revenue Code - Updated
• To unify and amend the law relating to land and land revenue in the State of Maharashtra and to
provide for matters connected therewith.
• New Division – Bombay Division - City of Bombay & Bombay Suburban District.
Some Definitions:
• Building site - means a portion of land held for building purposes, whether any building be
actually erected thereupon or not, and includes the open ground of courtyard enclosed by, or
appurtenant to, any building erected thereupon.
• Farm Building
o Means a structure erected on land assessed or held for the purpose of agriculture for
all or any of the following
• Superior holder - means a land-holder entitled to receive rent or 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.
• Provided - where land has been granted free of rent or revenue - subject to the right of resumption
- in certain specified contingencies - by a holder of the land - whose name is authorisedly entered
as such in the land records - such holder shall, with reference to the grantee, be deemed to be the
superior holder of land - and the grantee shall - be deemed to be the inferior holder of such land
for certain specified enactments.
• Land- includes benefits to arise out of the land, and things attached to the earth, or permanently
fastened to anything attached to the earth, and also shares in, or charges on, the revenue or rent
of villages, or other defined portions of territory;
• Improvement - in relation to a holding, means any work which adds materially to the value of
the holding which is suitable thereto and consistent with the purpose for which it is held and
which, if not executed on the holding, is either executed directly for its benefit or is, after
execution, made directly beneficial to it; and, subject to the foregoing provisions, includes:-
• (a) the construction of tanks, wells, water channels, embankments and other
works for storage, supply or distribution of water for agricultural purposes;
• (b) the construction of works for the drainage of land or for the protection
of land from floods, or from erosion or other damage from water;
• (c) the planting of trees and the reclaiming, clearing, enclosing, levelling or
terracing of land;
• (d) the erection of buildings on or in the vicinity of the holding, elsewhere
than in the gaothan required for the convenient or profitable use or
occupation of the holdings; and
• (ii) any work which substantially diminishes the value of any land wherever
situated, in the occupation of any other person, whether as occupant or
tenant;
• “joint holders” or “joint occupants” means holders or occupants who hold land as co-sharers,
whether as co-shares in family undivided according to Hindu law or otherwise, and whose
shares are not divided by metes and bounds; and where land is held by joint holders or joint
occupants, “holder” or “occupant”, as the case may be, means all the joint holders or joint
occupants.
• Land revenue - means all sums and payments, in money received or legally claimable by or on
behalf of the State Government from any person on account of any land or interest in or right
exercisable over land held by or vested in him, under whatever designation such sum may be
payable and any cess or rate authorised by the State Government under the provisions of any law
for the time being in force; and includes, premium, rent, lease money, quit rent, judi payable by a
inamdar or any other payment provided under any Act, rule, contract or deed on account of any
land;
• Quit Rent – Judi :- the amount fixed by and payable to Government by the
Inamdar out of the land revenue assessed, on inam land.
• Occupant - means a holder in actual possession of unalienated land, other than a tenant or
Government lessee; provided that, where a holder in actual possession is a tenant, the land
holder or the superior landlord, as the case may be, shall be deemed to be the occupant.
• Tenant - means a lessee, whether holding under an instrument, or under an oral agreement, and
includes a mortgagee of a tenant’s rights with possession ; but does not include a lessee holding
directly under the State Government.
• Unoccupied land - means the land in a village other than the land held by an occupant, a tenant
or a Government lessee ;
• Chief Controlling Authority with respect to land revenue in the State shall
be - Commissioner – Subject to superintendence of the Government - each
Revenue Division
• Title of the State Government – in all lands which is not the property of
others – Public Roads, bridges – nalluhs lakes etc –
• Assignment of lands
• Pastures
• Right to all trees, jungle etc - except in so far as the same may be the
property of persons capable of holding property - vests in the State
Government
• Land Area > 0.6 hectares – Max plinth 400 sq mtrs or 1/40th area of holding
which ever is less – residential purposes – max 150 sqmtrs
• No permission if area < 0.4 hectares / if height more that 5 mts from plinth
– of bldg. - consists more that 1 floor / for more that one farm building for –
each of the purposes included in the definition of farm building.
• Any land used for the erection of a farm building or for carrying out any
work of renewal, re-construction, alterations or additions to a farm building
as aforesaid in contravention - shall be deemed to have been used for non-
agricultural purpose - liable to the penalties or damages
• No land used for agriculture shall be used for any non-agricultural purposes
• No land assessed for one non-agricultural purpose shall be used for any
other non-agricultural purpose
• Collector may regulate or prohibit the use of land liable to the payment of
land revenue - for purposes such as, cultivation of unarable land assigned
for public purpose, removal of earth, stone, kankar, murum etc – which may
material affect agricultural land - and may evict any person who uses or
attempts to use the land for any such prohibited purpose.
• If a land -
• The Collector may - after due enquiry - either grant the permission - on
such terms and conditions as he may specify – or may refuse – if necessary
to do so – to secure the public health, safety and convenience – or - if such
use is contrary to any scheme for the planned development of a village,
town or city – reasons for rejections to be given.
• The permission applied for - shall be deemed to have been granted - but
subject to any conditions prescribed in the rules made by the State
Government.
• To restore the land to its original use or to observe the conditions on which
the permission is granted within such reasonable period as the Collector
may by notice in writing direct
• Such notice may require such person to remove any structure, to fill up any
excavation or to take such other steps as may be required in order that the
land may be used for its original purpose or that the conditions may be
satisfied.
• The flip side – Using land for the purpose of agriculture where it is assessed
with reference to any other purpose – Discuss.
• The SG from exempting any land or class of lands from the operation of
any of the provisions of those sections, if the State Government is of
opinion that it is necessary, in the public interest - and
• Case Law - Ganesh Ginning & Pressing Co. Ltd. V. State of Maharashtra
• Held –
• The words used may be general in terms, but their full import and true
meaning has to be appreciated considering the true context in which they
are used and the purpose which they seek to achieve.
• Deeming provision takes effect and the permission is deemed to have been
granted - and consequently, the subsequent communication regarding the
application being in filed state will not affect the deemed permission as it is
well beyond the prescribed period of 90 days.
• Section 44 deals, with permission for conversion of use. Therefore, only the
factors concerning grant or refusal of such permission can be considered.
Other objections which are not germane to the enquiry cannot be taken into
consideration and though such objections are raised, obligation to decide
the application within 90 days cannot be by-passed.
• Therefore, the said communication will have to be quashed and set aside.
The permission for conversion of use of land will be deemed to have been
granted subject to conditions proscribed by the Rules in respect of such
user. Needless to say that the petitioner will have to pay necessary
conversion charges.
• Tenant settled with the petitioner – Even otherwise - the contention that in
case of an objection by a third person regarding title – beyond the scope of
Section 44.
• Section 257 - Power of State Government and of certain revenue and survey officers to call for
and examine records and proceedings of subordinate officers.
• SG may call for and examine the record of any inquiry or the proceedings
of any subordinate revenue or survey officer, for the purpose of satisfying
itself or himself, as the case may be, as to the legality or propriety of any
decision or order passed, and as to the regularity of the proceedings of such
officer
• Provided - The SG shall not vary or reverse any order affecting any question
of right between private persons without having given to the parties
interested notice to appear and to be heard in support of such order.
• Held -
• Government had the power to revise – even sou motu - orders passed by
Collector.
• The grounds on the basis of which the Government acted existed, and
therefore the action on the part of the Government was bonafide and in
public interest.
• Although the learned Judges felt that the Government did not act diligently
but still in the public interest the High Court maintained the order passed
by the Government with the directions to compensate the persons
concerned.
• After hearing arguments at length, in our opinion, the view taken by the
High Court appears to be correct. We see no reason to interfere with the
view taken by the High Court. Appeal dismissed
• The right to all mines and quarries – includes - the right of access to land
for the purpose of mining and quarrying - and right to occupy such other
land - as may be necessary for purposes subsidiary thereto – including
erection of offices, workmen’s dwelling and machinery - the construction of
roads, railways or tram-lines, and any other purposes which the SG may
declare subsidiary to mining and quarrying.
• If the SG assigned to any person its right over any minerals, mines or
quarries, and - if for the proper enjoyment of such right - it is necessary that
all or any of the powers specified hereinabove - should be exercised – then
the Collector may - by an order in writing - subject to such conditions and
reservations as he may specify - delegate such powers to the person to
whom the right has been assigned.
• Proviso - no such delegation shall be made until notice has been duly served
on all persons having rights in the land affected, and their objections have
been heard and considered.
• For the purposes of this section, “minor minerals” means the minor
minerals in respect of which the State Government is empowered to make
rules under section 15 of the Mines and Minerals (Regulation and
Development) Act, 1957.
• If looked at it that way - every use of the sod, or piercing of the land with a
pick-axe, would, in that eventuality, require sanction of the authorities. The
interpretation so placed, would frustrate the intention of the grant and lead
to patently absurd results. To equate the earth removed in the process of
digging a foundation, or otherwise, as a mineral product, in that context,
would be a murder of an alien but lovely language.
• It shall be lawful for the Collector to summarily - abate or remove any such
encroachment, or
• Person encroaching - shall pay the assessment – for the period of the said
encroachment – In addition – pay fine – 1k or such higher amount as
prescribed – if agricultural land – and 2k or such higher amount if non-
agriculture.
• Held:
• The necessary condition for exercising powers under Section 50 is that the
land or property must vest in the State Government. Under Section 50, the
Collector has no power to remove encroachment made on the private
property of a private person.
• By charging the said person a sum not exceeding – 5 times or such higher
amount as may be prescribed – of the value of the land, and
• 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.
• The annual revenue of such land shall be assessed at the same rate as the
land revenue of similar land in the vicinity.
• 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.
• Held:
• The menace of encroachments over the lands reserved for public utility,
open spaces, playgrounds, etc – started to grip the systematic planning and
development of the cities, towns and villages, thereby frustrating the very
object and purpose of maintaining the balance between the planning and
development on one hand and the public health, safety, comfort, ecology
and environment on the other hand.
• If such activities are to stop, some stringent actions are required to be taken
by ruthlessly demolishing the illegal constructions and non-compoundable
deviations.
• Let the message go that the Courts are not going to be the silent
spectators to tolerate such menace and let the impression be created that
the violators do not deserve sympathy or leniency on the ground that they
have spent substantial amount on construction of buildings, which are
standing since long.
• Such person - shall also be liable - to pay a penalty - not exceeding 2 times
the assessment or such amount as may be prescribed, whichever is higher-
for the period of such unauthorised use or occupation.
• Section 54 –Forfeiture and removal of property left over after summary eviction.
• Section 55 – Relinquishment.
• Provided that, no portion of land which is less in extent than a whole survey
number or sub-division of a survey number may be relinquished.
• Section 56 - The provisions of 55 shall apply, as far as may be, to the holders of alienated land.
• Section 58 - Nothing in section 55 shall affect the validity of the terms or conditions of any other
lease or other express instrument under which land is, or may be held from the State
Government.
• Section 147 – SG may notify 148 – 159 shall not be in force in any area.
• 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
• The names of all persons who are holding as Government lessees / tenants
• The nature and extent of the respective interests of such person and the
conditions or liabilities, if any, attaching thereto
• 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.
• Report orally or in writing his acquisition of such right to the Talathi within
three months from the date of such acquisition – to be acknowledged.
• Easements to be excluded.
• Section 156 – In addition to the register / record / maps – such other document as may be
prescribed may be prepared.
• Section 157 – Entry – presumed to be true – until contrary proved – or a new entry is substituted
therefor – Discuss ramifications.
• Section 158 – No suit shall lie – SG or Officers – any entry made /omitted / amended.
• Section 159 – Transitional provision – Until record of rights prepared – in accordance with this
code – existing rights – deemed to be made under this chapter.