The Maharashtra Land Revenue Code - Updated

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• The Maharashtra Land Revenue Code, 1966

• To unify and amend the law relating to land and land revenue in the State of Maharashtra and to
provide for matters connected therewith.

• The Bombay City Land Revenue Act, 1876

• The Bombay Land Revenue Code, 1879

• The Bombay City Survey Act, 1915

• The Bombay Revenue Tribunal Act, 1957 - etc

• State to be divided into revenue divisions –

• Amravati / Aurangabad / Konkan / Nagpur / Nashik / Pune

• New Division – Bombay Division - City of Bombay & Bombay Suburban District.

Some Definitions:

• Building - means any structure, not being a farm building.

• 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.

• Holding - means a portion of land held by a holder.

• Farm Building
o Means a structure erected on land assessed or held for the purpose of agriculture for
all or any of the following

• For the storage of agricultural implements, manure or fodder

• For the storge of agricultural produce

• For sheltering cattle


• For residence of members of the family, servants or tenants of the holder

• For any other purpose which is an integral part of his cultivating


arrangement.

• “to hold land” or “to be a land-holder or holder of land” means to be lawfully in


possession of land, whether such possession is actual or not.

• 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

• (e) the renewal or reconstruction of any of the foregoing works, or


alterations therein or additions thereto;

• but does not include :-

• (i) temporary wells and such water-channels, embankments, levellings,


enclosures or other works, or petty alterations in or repairs to such works, as
are commonly made by cultivators of the locality in the ordinary course of
agriculture; or

• (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;

• Explanation.—A work which benefits several holdings may be deemed to


be an improvement with respect to each of such holdings.

• “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.

• Occupancy - means a portion of land held by an occupant.

• 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.

• Occupation - means possession.

• To occupy land - means to possess or to take possession of land.

• 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 ;

• Chapter II - Revenue Officers –

• Chief Controlling Authority with respect to land revenue in the State shall
be - Commissioner – Subject to superintendence of the Government - each
Revenue Division

• Primarily – Revenue / Measuring Lands / Registration / Treasury


Operations

• Collector – in charge of the revenue administration of the district –


Additional / Deputy Collectors – for Sub – divisions within his district
• Tahasildar – for the Taluka – Circle Officers – Talathis – Powers / Duties –
etc

• Revenue Officers / Survey Officers – Powers / Duties

• Chapter III – Aspects related to Land –

• 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

• Restrictions on transfers of occupancies by Tribals

• Bar of jurisdiction of Civil Court or authority – Certain cases.

• Power to grant leases

• Matters related to use of land.

• Section 41 – Use of Land

• Holder of any land - assessed or held for the purpose of agriculture is


entitled - to erect farm building, construct wells or tanks or make any other
improvements thereon for the better cultivation of the land, or its more
convenient use.

• 1986 Amendment – Discuss – application to be made - to the Collector for


permission to erect such farm building or to carry out any such work of
renewal, re-construction, alteration or additions as aforesaid.

• MCGM / Corporation of Pune Corporation of Nagpur – and areas within 8


kms periphery
• Other Municipal Corporations - Council – 5/3 kms – Town Planning –
MRTP Act

• Application in prescribed form - Collector may grant permission -


restrictions on plinth area / height – one or more farm building – discuss
Land Area > 0.4 but less that 0.6 hectares – Max plinth 150 sq mtrs

• 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.

• Municipal area – as per DCR

• 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

• Section 42 - Permission for non-agricultural use

• 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

• No land assessed for the same non-agricultural purpose shall be used in


relaxation of any of the conditions imposed at the time of the grant of
permission for such non-agricultural purpose –

• Except with the permission of the Collector

• Such permission not necessary – Just inform the Tahasildar – 30 days –

• Personal – bonafide – residential purposes –


non-urban areas.
• Use of micro enterprises - Micro, Small and
Medium Enterprises Development Act, 2006

• Small commercial use like shop, flour mill,


grocery shop or chilly grinding machine,
operated in such premises in use for the
personal bonafide residential purpose - non-
urban area - occupying the area not exceeding
forty square meters.

• Use of land for any micro, small and medium


food processing industrial units shall be deemed
to be the use of land for agricultural purpose –
Discuss.

• Section 43 – Restriction on use.

• 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.

• Section 44 – Procedure for conversion for use of land –

• If a land -

• Which is assessed or held for the purpose of agriculture – is to be used for a


non-agricultural purpose

• If land is assessed or held for a particular non-agricultural purpose – is to be


used for another non-agricultural purpose

• Desired to use it or the same non-agricultural purpose - but in relaxation of


any of the conditions imposed at the time of grant of land or permission for
such non-agricultural purpose - apply to the Collector for permission.

• The Collector - shall acknowledge the application within seven days.


• The Collector may - return the application - if it is not in accordance with
the form prescribed.

• 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.

• If the Collector fails to inform the applicant of his decision

• Within 90 days from the date of


acknowledgement of the application, or

• If application is not acknowledged – 90 days


from the date of receipt of the application

• Temporary change - within fifteen days from


the date of receipt of application

• If the application was returned by the Collector - then within 90 days / 15


days - from the date on which it is again presented duly complied with –

• 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.

• When the land is permitted to be used for a non-agricultural purpose – a


“sanad” shall be granted – collector can direct at any time the correction of
any clerical or arithmetical error in the “sanad” arising from any accidental
slip or omission.

• Section 45 – Penalty for so using land without permission:

• Liable to the one or more of the following penalties,

• To pay non-agricultural assessment on the land leviable with reference to


the altered use ;
• In addition - Such fine as the Collector may, subject to rules made by the
State Government in this behalf, direct

• 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.

• In case of failure to comply – impose a penalty – per day of continuance –


Collector may himself do it – costs to be recovered.

• The flip side – Using land for the purpose of agriculture where it is assessed
with reference to any other purpose – Discuss.

• Section 46 – Responsibility of tenant – wrongful use.

• If a tenant - uses land for a purpose in contravention of the provisions of


section 42, 43 or 44 without the consent of the holder and thereby renders
the holder liable to the penalties specified in section 43, 44 or 45 - the
tenant - shall be responsible to the holder in damages.

• Section 47 – Power of State Government to exempt lands from provisions.

• Nothing in Section 41, 42, 44, 45 or 46 shall prevent –

• 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

• The Collector from regularizing the non-agricultural use of any land on


such terms and conditions as may be prescribed by him subject to rules
made in this behalf by the SG.

• 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.

• If the language of the statutory provision is plain and unambiguous, it


cannot be interpreted in a different manner. The provision has always to be
interpreted by giving effect to the purpose for which it is enacted

• 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

• If it shall appear to the SG that any decision or order or proceedings so


called for should be modified, annulled or reversed, it may pass such order
thereon as it or he deems fit.

• 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.

• Case Law – Satish Sabharwal and Others v. State of Maharashtra

• 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

• Section 48 – Government Title to Mines –

• The right to all minerals – at whatever place found - whether on surface or


underground – including all derelict or working mines and quarries / pits /
nallahs / riverbeds / creeks – and such other places – is hereby declared to
be expressly reserved and shall vest in the State Government – which will
shall have all powers necessary for the proper enjoyment of such rights.

• 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.

• If – in doing so - the rights of any persons are infringed - the SG or assignee


- shall pay to such persons compensation for such infringement and the
amount of such compensation shall, in the absence of agreements - be
determined by the Collector – if not accepted by a civil court - Land
Acquisition Act.

• No assignee of the State Government shall enter on or occupy the surface of


any land without the previous sanction of the Collector unless compensation
has been determined and tendered to the persons whose rights are infringed.

• Proviso: Collector to grant interim permission pending the award of the


civil court in cases where the question of determining the proper amount of
compensation is referred to such court.
• Any person who without lawful authority extracts, removes or disposes of
any minerals - the right to which vests in, and has not been assigned by the
State Government - without prejudice to any other mode of action - be
liable - to pay penalty of an amount – up to five times the market value of
the minerals – seizure / confiscation of minerals / machinery and equipment
– Discuss.

• Discuss – SG may regulate extraction of minor minerals – domestic /


agricultural / professional use – payment of fees or free – SG to make rules.

• 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 in scheduled areas – before granting prospecting / mining license /


exploration license – prior approval of the Gram Sabha mandatory.

• Case Law - Promoters and Builders Association of Pune v. State of Maharashtra

• The said Notification has an inbuilt restriction. It is ordinary earth used


only for the purposes enumerated therein, namely, filling or levelling
purposes in construction of an embankment, road, railways and buildings
which alone is a minor mineral.

• Excavation of ordinary earth for uses not contemplated in the aforesaid


Notification, therefore, would not amount to a mining activity so as to
attract the wrath of the provisions of either the Code

• As use can only follow extraction or excavation it is the purpose of the


excavation that has to be seen. A blanket determination of liability merely
because ordinary earth was dug up, therefore, would not be justified; what
would be required is a more precise determination of the end use of the
excavated earth.
• Quoting from Rashtriya Chemicals and Fertilizers Limited Vs. State of
Maharashtra and Others

• 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.

• Subsequently - Government of Maharashtra vide notification dated


11.05.2015 amended the Minor Mineral Extraction (Development and
Regulation) Rules, 2013 and as per the amended Rule No.46 royalty is not
payable for excavation of earth while developing a plot of land if the said
earth is utilized on the very same plot for land levelling or any work in the
process of development of such plot.

• Section 50 – Removal of Encroachment on Government Lands -

• In the event of any encroachment - made on any land or foreshore - vested


in the State Government - or if any such land - used for the purpose of
hawking or selling articles - without the sanction of the competent authority

• It shall be lawful for the Collector to summarily - abate or remove any such
encroachment, or

• Cause any article whatsoever hawked or exposed for sale to be removed -


and

• The expenses incurred therefor shall be recovered from the person in


occupation of the land encroached upon or used as aforesaid.

• 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.

• Person caught selling / hawking – 50 or such higher amount – as determined


by the Collector.

• The Collector may - by notice duly served - prohibit or require the


abatement or removal of encroachments - shall fix in such notice a date -
which shall be a reasonable time after such notice - on which the same shall
take effect.

• Every person who permits or continues any encroachment on any land


referred to in the notice - in addition to the penalties – liable to an fine – for
every day of such continuance – after the date fixed in the notice – 25 / 50
or such higher amount.

• Any person establish his right – Civil Court.

• Such order of the Collector – be subjected to appeal – as provided in


Schedule E – to be read with Section 247.

• Case Law: Babamiya s/o Ahmed Shah v. Tahasildar Beed

• 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.

• The said encroachment cannot be removed summarily in the manner it is


sought to be done by the impugned notice because the encroachment is not
on the Government land or property. In the circumstances, the order passed
by Tahsildar has to be quashed.

• Section 51 – Regularization of encroachments – to be read with Rule 43 – 45 - 1971 Rules


• Nothing contained in in Section 50 shall prevent the Collector – if the
person encroaching so desires - from granting the land to the encroacher on
such terms and conditions - subject to rules made in this behalf - and then to
cause the said land to be entered in land records in the name of the said
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

• By fixing an assessment not exceeding – 5 times or such higher amount as


may be prescribed – of the ordinary annual land revenue thereon.

• Collector to give a public notice - of his intention to do so - considers any


objections or suggestions which may be received by him before granting the
land as aforesaid – expenses to be borne by the encroacher – of the issuance
of the notice.

• Section 52 – Valuation and Land Revenue –

• 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.

• Case Law – Madhukar Sampatrao Patil v State of Maharashtra

• 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.

• Such encroachments are posing serious threat to breathing of clean and


fresh air to lead the healthy life by the residents of the locality. It is causing
damage and injury to the right to life, enshrined under Article 21 and an
irreparable harm to the concept of planned development of the cities and
urban areas.

• Authorities competent to prevent or remove encroachments are turning


blind eye either due to influence of higher functionaries of State or other
extraneous reasons.

• 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.

• Section 53 – Summary eviction – unauthorized occupation – Government land

• If the Collector – opines –

• Any person is in unauthorized occupation or

• Is not entitled or has ceased to be entitled – to the use, occupation or


possession of any such land –

• By reason of the expiry of the period of lease or tenancy or termination of


the lease or tenancy or breach of any of the conditions annexed to the
tenure,

• It shall be lawful for the Collector to evict such person


• Before evicting –

• Make a summary enquiry –

• Give him a reasonable opportunity of being heard

• Record reasons for arriving at his opinion

• Collector to serve a notice – to vacate – if not obeyed – collector may


remove.

• 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.

• After summary eviction - Any building or other construction erected on the


land / or any crop raised in the land - if it has not removed by such person –
after a notice has been served by the collector to that effect - shall be liable
to forfeiture or to summary removal - any property so forfeited shall be
disposed of as the Collector may direct - and the cost of the removal of any
property under this section shall be recoverable.

• Section 55 – Relinquishment.

• An occupant may relinquish land - in favour of the SG - but subject to any


rights, tenures, encumbrances or equities lawfully subsisting in favour of
any person - by giving notice in writing to the Tahsildar.

• 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.

• Alienated land - means transferred - rights of the State Government -


payment of rent or land revenue are concerned - wholly or partially – to any
person.
• Section 57. If any person relinquishes land, the way to which lies through other land which he
retains, the right of way through the land so retained shall continue to the future holder of the
land relinquished.

• 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 59 – Summary eviction of person unauthorizedly occupying land

• Any person unauthorizedly occupying, or wrongfully in possession of any


land

• To the use or occupation of which by reason of any of the provisions of this


Code he is not entitled or has ceased to be entitled, or – eg Sec 48.

• Which is not transferable without the previous permission under sub-section


(2) of Section 36 – occupancies to be heritable and transferable – subject to
certain restrictions – Tribal Lands – SCs and STs - shall not be transferred
except with the previous sanction of the Collector

• By virtue of any condition lawfully annexed to the tenure under the


provisions of Section 31 – unoccupied land granted on conditions, Section
37 – occupation rights conditional to payment of land revenue - or Section
44 - conversion of use of land – Discuss

• may be summarily evicted by the Collector.

• Chapter X – Land Records

• Section 147 – SG may notify 148 – 159 shall not be in force in any area.

• Section 148 – Record of rights – To be maintained in every village – to include:

• 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

• The rent or revenue, if any, payable by or to any of such persons

• 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.

• Section 148A - Can be maintained by use of suitable storage devices.

• Section 149 – Acquisition of rights to be reported

• Any person acquiring by succession, survivorship, inheritance, partition,


purchase, mortgage, gift, lease or otherwise, any rights as holder, occupant,
owner, mortgagee, landlord, Government lessee or tenant of the land shall

• 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.

• If the person acquiring the right is minor or otherwise disqualified - his


guardian or other person having charge of his property shall make the report
to the Talathi.

• Acquisition with permission of the Collector – Discuss.

• Easements to be excluded.

• Section 150 – Register of Mutations –

• Every report made under 149 / 154 – to be entered in a register of Mutations


– Gav Namuna No 6 – Discuss procedure – Objections – Disputes
Settlement – No transfer until the entry is duly certified – Circle Inspector.

• Section 151 – Obligation to furnish information –

• Produce documents when called for – production to be acknowledged –


copy retained.

• Talathi to provide copy of records of rights when requested by the holder –


details of payment of revenue to be included therein – details of cultivation /
crops – 7/12 abstract – “7/12 Utara” – VII – ownership / rights details / XII
– matters related to the Agriculture –Discuss actual 7/12.

• Every information – presumed to be true – until the contrary is proved.

• Section 152 – Fine - Register of Mutations –

• Failure to provide – report / documents – 149 / 151 – liable to a fine.

• Section 153 – Assistance in preparing maps –

• For the purpose of preparing / revising plans / maps – in connection to the


record or register – exercise any powers as u/s 80 / 81 – answering
questions / conduct a physical survey / assist in measurements / employ
hired labour /

• Costs to be recovered as a revenue demand.

• Section 154 – Information of transfers

• Any document – create / assigns / extinguishes – title – registered under the


Registration Act 1908 – send intimation to the Talathi / Tahasildar

• Section 155 – Correction of Errors –

• Collector at any time may correct or cause to be corrected any clerical


errors – not to be done unless notice given to parties – hear objections –
disposal.

• 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.

• Discuss “ Maharashtra Bhumi Abhilekh” – “Mahabhulekh.”

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