Land Laws - FAQ's & Answer's 2nd LLB - Short Notes & Long Answers

LAND LAW – 2nd LLB SEM IV
(FAQ’s FROM QUESTION PAPER SINCE MAY 2015)
A. Short Notes
1. Exempted lands
Section 47 Exempted Lands of Maharashtra Agricultural Lands (Ceiling On Holdings)

Act, 1961
(1) The following lands shall be exempt from the provisions of this Act, that is to say.-
(a) land held by Government (including the Central Government, or any other State
Government) or land held by a corporation (including a company) owned or controlled
by a State or the Union ;
(b) land belonging to, or held on lease from or by, a local authority, or a University
established by law in the State of Maharashtra, or agricultural college, or school or any
institution doing research in agriculture approved by the State Government;
(c) land held by such regimental farms as may be approved by the State Government in
the manner prescribed ;
(d) lands leased by the Land Development Bank or the Central Cooperative Bank or a
Primary Co-operative Society before the 4th day of August 1959;
(e) land held by a bank or a co-operative society as security for recovery of its dues.
Explanation: - For the purposes of clause (e). -
(1) " bank " means, -
(i) a banking company as defined in the Banking Regulation Act, 1949 :
(ii) the State Bank of India constituted under the State Bank of India Act, 1955
(iii) a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act,
1959 ;
Circulated by Nilesh Jadhav – NLC 2nd Year

(iv) a corresponding new bank constituted under the Banking Companies (Acquisition
and Transfer of Undertakings) Act. 1970 :
(v) any banking institution notified by the Central Government under section 51 of the
Banking Regulation Act, 1949 :
(vi) the Agricultural Refinance Corporation constituted under the Agricultural Refinance
Corporation Act, 1963;
(vii) any Agro -Industries Corporation;
(viii) the Agricultural Finance Corporation Limited, a company incorporated under the
Companies Act, 1956 ;
(2) "co-operative society" means a co -operative society registered or deemed to be

registered under the " Maharashtra Co -operative Societies Act, 1960, and includes a
co-operarative land development bank;"
(2) Subject to any rules made in this behalf, the State Government may, after such
inquiry as it deems fit. by an order in the Official Gazettet, exempt from the provisions of
this Act any of the following lands on such terms and conditions including the extent of
area to be exempted as may be specified in the order, namely : -
(a) land held before the 26th day of September 1970 by a public trust or a wakf the
major portion of the income of such land being appropriated for the purpose of
education or medical relief or both or where the major portion of the income is not so
appropriated but an undertaking in the prescribed form is given within six months of the
commencement date (or within such further period as the State Government may allow
in that behalf) to the Collector, that the major portion of the income of such land will,
within a period of two years from the date of publication of the order granting exemption
be appropriated for those purposes;
(b) land held before the 26th day of September 1970 by any person for shid farm or by
any public trust or wakf for panjrapole or gaushala ;
(bb) land held before the 26th day of September 1970 by a public limited company, a
public trust or wakf for the purpose of breeding of cattle or sheep :
2. Impounding

3. Regularization of Encroachment on Government Land
Under Maharashtra Land Revenue Code, 1966 , Section 50 explains

Removal Of Encroachments On Land Vesting In Government; Provisions For Penalty
And Other Incidental Matters
(1) In the event of any encroachment being made on any land or foreshore vested in the
State Government (whether or not in charge of any local authority) or an such land
being 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 therefore shall be leviable from the person in
occupation of the land encroached upon or used as aforesaid.
(2) The person who made such encroachment or who is in unauthorised occupation of
the land so encroached upon shall pay, if the land encroached upon forms part of an
assessed survey number, assessment for the entire number for the whole period of the
encroachment and if the land has not been assessed, such amount of assessment as
would be leviable for the said period in the same village on the same extent of similar
land used for the same purpose. Such person shall pay in addition a fine which shall be
not less than five rupees but not more than one thousand rupees if the land is used for
an agricultural purpose, and if used for a purpose other than agriculture such fine not
exceeding two thousand rupees. The person caught hawking or selling any articles shall
be liable to pay fine of a sum not exceeding fifty rupees as the Collector may determine.
(3) The Collector may, by notice duly served under the provisions of this Code, prohibit
or require the abatement or removal of encroachments on any such lands, and shall fix
in such notice a date, which shall be a reasonable time after such notice, on which the
same shall take effect.
(4) Every person who makes, causes, permits or continues any encroachment on any
land referred to in a notice issued under sub-section (3), shall in addition to the
penalties specified in sub-section (2), be liable at the discretion of the Collector to a fine
not exceeding twenty-five rupees in the case of encroachment for agricultural purposes
and fifty rupees in other cases for every day during any portion of which the
encroachment continues after the date fixed for the notice to take effect.
(5) An order passed by the Collector under this section shall be subject to appeal and
revision in accordance with the provisions of this Code.

(6) Nothing contained in sub-sections (1) to (4) shall prevent any person from
establishing his rights in a Civil Court within a period of six months from the date of the
final order under this Code.
4. Exceptions to Sec 17 (1) of Registration act 1908
Nothing in clauses (b) and (c) of sub-section (1) applies to-
(i) any composition-deed; or
(ii) any instrument relating to shares in a joint Stock Company, notwithstanding that the
assets of such company consist in whole or in part of immovable property; or
(iii) any debenture issued by any such company and not creating, declaring, assigning,
limiting or extinguishing any right, title or interest, to or in immovable property except
insofar as it entitles the holder to the security afforded by a registered instrument
whereby the company has mortgaged, conveyed or otherwise transferred the whole or
part of its immovable property or any interest therein to trustees upon trust for the
benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by any such company;
or
(v) any document not itself creating, declaring, assigning, limiting or extinguishing any
right, title or interest of the value of one hundred rupees and upwards to or in
immovable property, but merely creating a right to obtain another document which will,
when executed, create, declare, assign, limit or extinguish any such right, title or
interest; or
(vi) any decree or order of a court 13[except a decree or order expressed to be made on
a compromise and comprising immovable property other than that which is the subject-
matter of the suit or proceeding;] or
(vii) any grant of immovable property by government; or
(viii) any instrument of partition made by a revenue-officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land
Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or

(x) any order granting a loan under the Agriculturists Loans Act, 1884, or instrument for
securing the repayment of a loan made under that Act; or
14[(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890)
vesting any property in a Treasurer of Charitable Endowments or divesting any such
treasurer of any property; or]
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or

any part of the mortgage-money, and any other receipt for payment of money due under
a mortgage when the receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public
auction by a civil or revenue-officer.
5. Family Unit
6. Ceiling Limit
Section 4 - Ceiling limit of The Urban Land (Ceiling and Regulation) Act, 1976 explains
(1) Subject to the other provisions of this section, in the case of every person, the ceiling
limit shall be,—
(a) where the vacant land is situated in an urban agglomeration falling within
category A specified in Schedule I, five hundred square metres;
(b) where such land is situated in an urban agglomeration falling within category
B specified in Schedule I, one thousand square metres;
(c) where such land is situated in an urban agglomeration falling within category
C specified in Schedule I, one thousand five hundred square metres;
(d) where such land is situated in an urban agglomeration falling within category
D specified in schedule I, two thousand square metres.
(2) Where any person holds vacant land situated in two or more categories of urban
agglomeration specified in Schedule I then, for the purpose of calculating the extent of
vacant land held by him,—

(a) one square metre of vacant land situated in an urban agglomeration falling
within category A shall be deemed to be equal to two square metres of vacant
land situated in urban agglomeration falling within category B, three square
metres of vacant land situated in an urban agglomeration falling within category
C and four square metres of vacant land situated in an urban agglomeration
falling within category D;
(b) one square metre of vacant land situated in an urban agglomeration falling
within category B shall be deemed to be equal to one and one‑half square
C and two square metres of vacant land situated in an urban agglomeration
falling within category D; and
(c) one square metre of vacant land situated in an urban agglomeration falling
within category C shall be deemed to be equal to one and one‑third square
D.
7. Public purpose
Section 2(1) of the Act defines the following as public purpose for land acquisition within
India
For strategic purposes relating to naval, military, air force, and armed forces of the
Union, including central paramilitary forces or any work vital to national security or
defence of India or State police, safety of the people; or
For infrastructure projects, which includes the following, namely:
Projects involving agro-processing, supply of inputs to agriculture, warehousing, cold

storage facilities, marketing infrastructure for agriculture and allied activities such as
dairy, fisheries, and meat processing, set up or owned by the appropriate Government
or by a farmers' cooperative or by an institution set up under a statute;
Project for industrial corridors or mining activities, national investment and

manufacturing zones, as designated in the National Manufacturing Policy;
Project for water harvesting and water conservation structures, sanitation;
Project for Government administered, Government aided educational and research

schemes or institutions;

Project for sports, health care, tourism, transportation of space programme;
Any infrastructure facility as may be notified in this regard by the Central Government
and after tabling of such notification in Parliament;
8. Records of Rights
Section 148 of Maharashtra Land Revenue code explains RECORD OF RIGHTS as A

record of rights shall be maintained in every village and such record shall include the
following particulars
a) the names of all persons (other than tenants) who are holders, occupants,
owners or mortgages of the land or assignees of the rent or revenue thereof ;
b) the names of all persons who are holding as Government lessees or tenants
including tenants within the meaning of the relevant tenancy law ;
c) the nature and extent of the respective interests of such persons and the
conditions or liabilities, if any, attaching thereto ;
d) the rent or revenue, if any, payable by or to any of such persons;
e) such order particulars as the State Government may prescribe by rules made in
this behalf, either generally or for purposes of any area specified therein.
9. Impressed stamp
10. Coastal Regulation Zone
11. Occupier under MHADA
Occupier" includes"
(a) any person who for the time being is paying or is liable to pay to the owner the rent
or any portion of the rent of the land or building in respect of which such rent is paid or
is payable;
(b) an owner in occupation of, or otherwise using, his land or building;

(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of
any land or building;
12. Authorized development

13. Sanad
14. Adjudication
Section 31 explains Adjudication as to proper stamps.–
(1) When an instrument, whether executed or not and whether previously stamped or
not, is brought to the Collector, [by one of the parties to the instrument and such
person]applies to have the opinion of that officer as to the duty (if any) with which [or the
Article of Schedule I under which] it is chargeable and pay [a fee of one hundred
rupees] the Collector shall determine the duty (if any) with which [or the Article of
Schedule I under which] in his judgment, the instrument is chargeable].
(2) For this purpose the Collector may require to be furnished with [a true copy or] an
abstract of the instrument, and also with such affidavit or other evidence as he may
deem necessary to prove that all the facts and circumstances affecting the chargeability
of the instrument with duty, or the amount of the duty with which it is chargeable, are
fully and truly set forth therein and may refuse to proceed upon any such application
until [such true copy or abstract] and evidence have been furnished accordingly:
Provided that,-
(a) no evidence furnished in pursuance of this section shall be used against any person
in any civil proceeding, except in any inquiry as to the duty with which the instrument to
which it relates is chargeable; and
(b) every person by whom any such evidence is furnished shall, on payment of the full
duty with which the instrument to which it relates is chargeable, be relieved from any
penalty which he may have incurred under this Act by reason of the omission to state
truly in such instrument any of the facts or circumstances aforesaid.

[(3) Where the Collector acting under sub-sections (1) and (2) is not the Collector of the
District and if he has reasons to believe that the market value of the property, which is
the subject matter of the instrument, received by him for adjudication, has not been truly
set forth therein, [he shall, for the purpose of assessing the stamp duty, determine the
true market value of such property, as laid down in the Bombay Stamp (Determination
of True Market Value of Property) Rules, 1995.] ] [(4) When an instrument is brought to
the Collector for adjudication,-
(i) within one month of the execution or first execution of such instrument in the State; or
(ii) if, such instrument is executed or first executed, out of the State, within three months
from the date of first receipt of such instrument in this State,
the person liable to pay the stamp duty under section 30 shall pay the same within sixty
days from the date of service of the notice of demand in respect of the stamp duty
adjudicated by the Collector. If such person fails to pay the stamp duty so demanded
within the said period, he shall be liable to pay a penalty at the rate of two per cent of
the deficient portion of the stamp duty, for every month or part thereof, from the date of
execution of such instrument, or as the case may be, date of the first receipt of such
instrument in the State] [Provided that, in no case, the amount of the penalty shall
exceed double the deficient portion of the stamp duty.]
15. FSI and TDR
FSI stands for Floor Space Index. In simple words, it is the area of construction
permissible on particular plot of land. FSI is the proportion of construction of all floors to
the total area of plot of land. Once we understand this proportion, we can understand
the meaning of 1 FSI, 2 FSI etc. For example if a plot of land is admeasuring about one
thousand square meters, and the permissible FSI is 1, then about one thousand square
meters of construction is permissible on that plot of land. Commercially speaking FSI is
the original development or construction potential of a particular plot of land.
TDR is an abbreviation of Transferable Development Rights. TDR is also a kind of FSI.

To build or expand the public utilities like ground, garden, bus stand, roads, etc.
sometimes government requires private land or portion of it. In such circumstances, the
government acquires the required land belonging to private party. The compensation for
such acquisition is paid in terms of money or TDR. TDR is nothing but the development
potential or FSI of the area of land aTDR is given in form of DRC i.e. Development
Rights Certificate. TDR or DRC is negotiable and can be transferred for consideration.

The owner of acquired land can either use the TDR for himself or can sell it in an open
market.
TDR vs FSI
Whereas FSI is the original development potential of a land the TDR is an external
development potential, that can be permitted to be used on plot of land. The town
planning authority or the state government, from time to time frames or makes the rules
governing the TDR and its utilisation. The urban development department of state
government on 16.11.2016 issued an important notification about the TDR.
The notification clarified important aspects like the eligibility for TDR, ineligibility for
TDR, permissible use of TDR etc. Accordingly the TDR will be given only for acquisition
for new roads, widening of existing roads, reservation for public purpose, slum
rehabilitation etc. The landlords who have already received the compensation, lands for
which construction plans are already sanctioned, will not be eligible for any TDR.
The notification clarified the proportion of TDR as well, accordingly, in Mumbai cityTDR
equivalent to twice the area of land acquired and in Mumbai suburbsTDR equivalent to
two and half times the area of land acquired, will be permissible. If there is reservation
for specific public utility purpose e.g. garden, library, hospital etc, the TDR for said land
can be availed by constructing and transferring the said public utility to the government.
16. Wajib-ul-Arz
Under Maharashtra land revenue code, 1966 Section 165 - wajib-ul-arz
(1) As soon as may be after this Code comes into force, the Collector shall, JI according
to any general or special order made by the State Government in that behalf, ascertain
and record the customs in each village in regard to -
(a) the Tight to irrigation or right of way or other easements,
(b) the right to fishing, in any land or water belonging to or controlled or managed by the
State Government or a local authority, and such record shall be known as the Wajib-ul-
arz of the village.
(2) The record made in pursuance of sub-section (1) shall be published by the Collector
in such manner as he may deem fit and it shall, subject to the decision of a Civil Court in
the suit instituted under sub-section (3), be final and conclusive.

(3) Any person aggrieved by any entry made in such record may, within one year from
the date of the publication of' such record under sub-section (2), institute a suit in a Civil
Court to have that entry cancelled or modified.
(4) The Collector may, on the application of any person interested therein or on his own
motion modify any entry or insert any new entry in the Wajib-ul-arz on any of the
following grounds
(a) That, all persons interested in such entry wish to have it modified; or
(b) that, by a decree in a civil suit, it has been declared to be erroneous; or
(c) that, being founded on a decree or order of a Civil Court or on the order of a revenue
officer, it is not in accordance with such decree or order; or
(d) that, being so, founded, such decree or order has subsequently been varied on
appeal, revision or review ; or
(e) that, the Civil Court has by a decree determined any custom existing in the village
17. Reference to Authority under the Rights of Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
18. Temporary Accommodation
19. Bonafide Industrial use
Section 63-1A affecting AL bought for NA bona fide industrial use.
1. Earlier, one could buy AL exceeding 10 Hectares (25 acres, about 101150
square meters) only after getting permission from the Development
Commissioner (Industries): this condition now stands deleted. Any quantity of AL
located in an agricultural zone can be bought so long as extant law permits its
industrial use, or the AL is located within the area taken over by a private
developer for development of an Integrated Township Project.
2. Earlier, once bought, the aggregate period to put the AL to NA use was 15 years
from the date of purchase: this aggregate period has now effectively reduced to
10 years (both for the original or subsequent transferee). The land is to be put to

the bona fide industrial use within five years of purchase. If that is not done, the
Collector may grant an extension of further five years on annual payment of non-
utilisation charges of 2% of market value of the property.
3. Earlier, failure to use the AL for NA purpose within 15 years would entitle the
original seller to repurchase it from the defaulting purchaser at the original price:
now, at the end of 10 years, the Collector will resume control/possession of the
land after giving a month’s notice to the defaulting purchaser, and the land shall
be vested in the Government, free from encumbrances. It will then be first offered
to the original seller by way of grant, on the same tenure as it was held by him
before the sale and at the same price at which the land had been sold by him. If
the original seller does not accept this offer and/or make the payment, the land
will be auctioned for any use consistent with the extant development plan – and
the Collector will then remit to the defaulting purchaser, the price at which it had
purchased the land for NA use.
4. Earlier, if the AL being bought was Occupant Class – II land, proposed to be

used for a township project, there was no penalty due for delay in paying to the
Government the amounts prescribed in lieu of nazarana (i.e. a charge to use
such “restricted user” land): now, delay in paying to the Collector 50% of the
purchase price to buy Occupant Class – II AL for use as Integrated Township
Project within one month of executing the sale deed will result in 75% of the
purchase price or market value, whichever is higher, becoming payable to the
Government.
5. A new sub-section (5) was introduced, which regulates sales/transfers of AL

bought for NA use, before the expiry of 10 years and before utilising it for bona
fide industrial use. Under this provision, if an NA buyer of AL proposes to sell the
AL at any time within the 10 year period, it may do so (after also paying a non-
utilisation charge, if the proposed sale is in the five-year extension period) on the
following basis:
 Such sale/transfer will require prior permission of the Collector;
 The period of 10-years from the date of original purchase will also apply to
the second transferee;
 If the land is to be sold for bona fide industrial use, the transferor will
deposit with the Collector, transfer charges @ 25% of the land market
value;

 If the land is to be sold for any non-agricultural purpose other than the
bona fide industrial use (consistent with extant development plans), the
transferor will deposit with the Collector, conversion charges equal to 50%
of the land market value. If such land is Occupant Class – II, a further
amount equal to 48% of the original purchase price will also be deposited
in lieu of nazarana.
6. The definitions of bona fide industrial use and Integrated Township Project were
also clarified or substituted pursuant to the amendment.
20. Regularization of Encroachment
Section 51 - REGULARISATION OF ENCROACHMENTS
Nothing in Section 50 shall prevent the Collector, if the person making the
encroachment so desires, to charge the said person a sum not exceeding five times the
value of the land so encroached upon and to fix an assessment not exceeding five
times the ordinary annual land revenue thereon and to grant the land to the encroacher
on such terms and conditions as the Collector may impose 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 Provided that no land shall be granted as aforesaid, unless the Collector
gives public notice of his intention so to do in such manner as, he considers fit, and
considers any objections or suggestions which may be received by him before granting
the land as aforesaid. The expenses incurred in giving such public notice shall be paid
by the person making the encroachment; and on his failure to do so on demand within a
reasonable time, shall be recovered from him as, an arrear of land revenue.
21. Structural Repairs
Section 2 (36) defines Structural repairs as repairs or replacement of decayed, cracked,

or out of plumb structural components of a building or any substantial part thereof or
any part to which the occupiers have common access, such as, staircases, passages,
water closets or privies by new ones of the like material or materials, or of different
material or materials including change in the mode of construction like converting load
bearing wall type or timber framed structure to an R.C.C. one, or a combination of both,
which repairs or replacement in the opinion of the Board, if not carried out expeditiously
may result in the collapse of the building or any such part thereof; and "structural
repairs" includes repairs and replacement of all items which are required to be repaired
or replaced as a consequence of the repairs or replacement aforesaid which are carried

out or to be carried out, and also repairs and replacement of the roof (but not
replacement of the tiles only) and of the drain pipes (including house gullies) fixed to the
building, which, if not repaired or replaced simultaneously with structural repairs would
cause further damage to the building.
22. Award under Land acquisition act.
Section 11 of Land Acquisition Act, 1894 deals with enquiry and award by Collector.
 On the date fixed, or any other date to which the enquiry has been adjourned, the
Collector shall proceed to enquire into the objections and make an award under
his hand of:
a. true area of the land
b. compensation which in his opinion should be allowed for the land
 The award passed by the Collector is not similar to that of an Arbitrator under the
Arbitration & Conciliation Act, 1996. The award by Collector is an 'offer' and an
aggrieved party can always ask for an enhancement in the compensation.
 The determination of compensation by the Land Acquisition Officer is purely an

administrative act and can be challenged in the Court of Law.
 Evidentiary Value: The market rate mentioned in the award has evidentiary value
as per Sections 9 and 11 of the Indian Evidence Act, 1872.
 Market Value: Market value as of the date of preliminary notification are to be

taken, and not prevailing rates.
 The Land Acquisition Officer should know the market value by his own
resources. He has discretionary power to the correct basis of valuation.
 Apportionment: Land Acquisition Officer can apportion the compensation in

between persons interested, if they are more than one and mention their shares
and names in the award.
 Discretionary power: The Land Acquisition Officer has discretionary power in

judgment as to the correct basis of valuation.

 Land Acquisition Officer should not refrain from passing the award solely on the
reasons of unavailability of funds. - G Gnanesha vs Special Deputy Collector
(LA)(1994(2) ALT)
 Section 11(A) says that the Collector shall make an award under Section 11
within a period of two years from the date of publication of the declaration and if
no award is made within that period, the entire proceedings for the acquisition of
the land lapses.
23. Nistar Patrak
Section 161 - NISTAR PATRAK of MAHARASHTRA LAND REVENUE CODE, 1966

(1) The Collector shall consistently with the provisions of this Code and the rules made
there under, prepare a Nistar Patrak embodying a scheme of management of all
unoccupied land in a village and all matters incidental thereto, and more particularly the
matters specified in section 162.
(2) A draft of the Nistar Patrak shall be published in the village and after ascertaining the
wishes of the residents of the village in the manner determined by the Collector, it shall
be finalised by the Collector.
(3) On a request made by the village panchayat, or where there is no village panchayat,
on the application of not less than one-fourth of the adult residents of a village, the
Collector may, at any time, -modify any entry in the Nistar Patrak after such enquiry as
he deems fit.
24. Section 50,51 under Maharashtra Land Revenue code
Under Maharashtra Land Revenue Code, 1966 , Section 50 explains

Removal Of Encroachments On Land Vesting In Government; Provisions For Penalty
And Other Incidental Matters
(1) In the event of any encroachment being made on any land or foreshore vested in the
State Government (whether or not in charge of any local authority) or an such land
being 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 therefore shall be leviable from the person in
occupation of the land encroached upon or used as aforesaid.

(2) The person who made such encroachment or who is in unauthorised occupation of
the land so encroached upon shall pay, if the land encroached upon forms part of an
assessed survey number, assessment for the entire number for the whole period of the
encroachment and if the land has not been assessed, such amount of assessment as
would be leviable for the said period in the same village on the same extent of similar
land used for the same purpose. Such person shall pay in addition a fine which shall be
not less than five rupees but not more than one thousand rupees if the land is used for
an agricultural purpose, and if used for a purpose other than agriculture such fine not
exceeding two thousand rupees. The person caught hawking or selling any articles shall
be liable to pay fine of a sum not exceeding fifty rupees as the Collector may determine.
(3) The Collector may, by notice duly served under the provisions of this Code, prohibit
or require the abatement or removal of encroachments on any such lands, and shall fix
in such notice a date, which shall be a reasonable time after such notice, on which the
same shall take effect.
(4) Every person who makes, causes, permits or continues any encroachment on any
land referred to in a notice issued under sub-section (3), shall in addition to the
penalties specified in sub-section (2), be liable at the discretion of the Collector to a fine
not exceeding twenty-five rupees in the case of encroachment for agricultural purposes
and fifty rupees in other cases for every day during any portion of which the
encroachment continues after the date fixed for the notice to take effect.
(5) An order passed by the Collector under this section shall be subject to appeal and
revision in accordance with the provisions of this Code.
(6) Nothing contained in sub-sections (1) to (4) shall prevent any person from
establishing his rights in a Civil Court within a period of six months from the date of the
final order under this Code.
Section 51 - REGULARISATION OF ENCROACHMENTS
Nothing in Section 50 shall prevent the Collector, if the person making the
encroachment so desires, to charge the said person a sum not exceeding five times the
value of the land so encroached upon and to fix an assessment not exceeding five
times the ordinary annual land revenue thereon and to grant the land to the encroacher
on such terms and conditions as the Collector may impose 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 Provided that no land shall be granted as aforesaid, unless the Collector
gives public notice of his intention so to do in such manner as, he considers fit, and

considers any objections or suggestions which may be received by him before granting
the land as aforesaid. The expenses incurred in giving such public notice shall be paid
by the person making the encroachment; and on his failure to do so on demand within a
reasonable time, shall be recovered from him as, an arrear of land revenue.
25. Admissibility of Instruments which are not properly stamped under the
Bombay Stamp act.
Section 35 of Indian Stamp act:- Instruments not duly stamped inadmissible in
evidence, etc.
No instrument chargeable with duty shall be admitted in evidence for any purpose by
any person having by law or consent of parties authority to receive evidence, or shall be
acted upon, registered or authenticated by any such person or by any public officer,
unless such instrument is duly stamped:
PROVIDED that-
(a) any such instrument not being an instrument chargeable 33[with a duty not
exceeding ten naye paise] only, or a bill of exchange or promissory note, shall, subject
to all just exceptions, be admitted in evidence on payment of the duty with which the
same is chargeable or, in the case of an instrument insufficiently stamped, of the
amount required to make up such duty, together with a penalty of five rupees, or, when
ten times the amount of the proper duty or deficient portion thereof exceeds five rupees,
of a sum equal to ten times such duty or portion;
(b) where any person from whom a stamped receipt could have been demanded, has
given an unstamped receipt and such receipt, if stamped, would be admissible in
evidence against him, then such receipt shall be admitted in evidence against him on
payment of a penalty of one rupee by the person tendering it;
(c) where a contract or agreement of any kind is effected by correspondence consisting

of two or more letters and any one of the letters bears the proper stamp, the contract or
agreement shall be deemed to be duly stamped;
(d) nothing herein contained shall prevent the admission of any instrument in evidence
in any proceeding in a Criminal Court, other than a proceeding under Chapter XII or
Chapter XXXVI of the Code of Criminal Procedure, 1898;
(e) nothing herein contained shall prevent the admission of any instrument in any court
when such instrument has been executed by or on behalf of the government or where it

bears the certificate of the Collector as provided by section 32 or any other provision of
this Act
26. Describe the documents compulsory to be registered under the

Registration act, 1908
Under Registration Act, 1908, section 17 explains Documents of which registration is

compulsory
(1) The following documents shall be registered, if the property to which they relate is
situate in a district in which, and if they have been executed on or after the date on
which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian
Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes
into force, namely:-
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare,

assign, limit or extinguish, whether in present or in future, any right, title or interest,
whether vested or contingent, of the value of one hundred rupees, and upwards, to or in
immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any

consideration on account of the creation, declaration, assignment, limitation or
extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year,
or reserving a yearly rent;
12[(e) non-testamentary instruments transferring or assigning any decree or order of a

court or any award when such decree or order or award purports or operates to create,
declare, assign, limit or extinguish, whether in present or in future, any right, title or
interest, whether vested or contingent, of the value of one hundred rupees and
upwards, to or in immovable property:]
PROVIDED that the State Government may, by order published in the Official Gazette,
exempt from the operation of this sub-section any leases executed in any district, or part
of a district, the terms granted by which do not exceed five years and the annual rent
reserved by which do not exceed fifty rupees.

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-
or
interest; or

15[Explanation: A document purporting or operating to effect a contract for the sale of

immovable property shall not be deemed to require or ever to have required registration
by reason only of the fact that such document contains a recital of the payment of any
earnest money or of the whole or any part of the purchase money.]
(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not
conferred by a will, shall also be registered.
27. Short note on Mutation and disputed register.
28. Matters to be neglected in dermining compensation under the Land Acquisition

Act.
29. Certification issued by the collector under Stamp act
30. Explain the procedure for removal of “Authorized Development” under MRTP.
31. Existing board under MHADA
14) "Existing Board" means,"
(i) the Maharashtra Housing Board constituted under the Bombay Housing Board Act,
1948,
(ii) the Vidarbha Housing Board constituted under the Madhya Pradesh Housing Board
Act, 1950,
(iii) the Bombay Building Repairs and Reconstruction Board constituted under the
Bombay Building Repairs and Reconstruction Board Act, 1969,
(iv) the Maharashtra Slum Improvement Board constituted under the Maharashtra Slum
Improvement Board Act, 1973.

(v) functioning in the State or any part thereof immediately before the appointed day.
32. Chargeable under Bombay Stamp Act, 1959
B. Long Answers
1. What is Structural Repairs? Examine the procedure of structural repairs

and alternative Accommodation under MHADA.
Explain the Section 88 and 89 of MHADA act 1956?
Section 2 (36) defines Structural repairs as repairs or replacement of decayed, cracked,

or out of plumb structural components of a building or any substantial part thereof or
any part to which the occupiers have common access, such as, staircases, passages,
water closets or privies by new ones of the like material or materials, or of different
material or materials including change in the mode of construction like converting load
bearing wall type or timber framed structure to an R.C.C. one, or a combination of both,
which repairs or replacement in the opinion of the Board, if not carried out expeditiously
may result in the collapse of the building or any such part thereof; and "structural
repairs" includes repairs and replacement of all items which are required to be repaired
or replaced as a consequence of the repairs or replacement aforesaid which are carried
out or to be carried out, and also repairs and replacement of the roof (but not
replacement of the tiles only) and of the drain pipes (including house gullies) fixed to the
building, which, if not repaired or replaced simultaneously with structural repairs would
cause further damage to the building.
SECTION 88: BOARD TO UNDERTAKE STRUCTURAL REPAIRS TO BUILDINGS

WHICH ARE IN RUINOUS CONDITION AND LIKELY TO DETERIORATE AND FALL
(1) Subject to the other provisions of this Chapter, where the Board on consideration of
the information given by the Municipal Commissioner or a report of its officer authorised
for the purpose, or other information in its possession, is satisfied that any building,
which is occupied by persons, is in such a ruinous or dangerous condition, that is
imminently likely to fall unless structural repairs which will render it fit and safe for
habitation, are urgently done, then in such cases, the Board shall, subject to the
provisions of sub-section (3), undertake such repairs to that building.
(2) The Board may prepare a list of such building setting out the order of priority or
urgency in respect of which structural repairs are necessary, and may undertake

simultaneously or in such order of priority the structural repairs according to the
exigencies of the case and its resources:
(3)If the Board is of opinion that"
(a) the cost of structural repairs to a building will exceed 1[one thousand two hundred
rupees] per square metre, or (b) the cost of structural repairs to a building will exceed
1[one thousand two hundred rupees] per square metre but the size of the land on which
such building is standing is such that for some reason or the other it would not be
possible or economical to erect any new building thereon and there is an adjoining
building but the cost of structural repair8 to such building does not exceed
1[one thousand two hundred rupees] per square metre, then in cases falling under
clause (a) or clause (b) the Board, notwithstanding anything contained in this Chapter,
may not consider such building or buildings for repairs and may issue a certificate to
that effect to the owner or owners thereof, as the case may be, affix a copy of the
relevant certificate in some conspicuous part of the building or buildings for the
information of the occupiers and proceed to take actions as provided in this Chapter
Provided that, in cases of special hardship, the Board may, on such terms and
conditions as it may deem fit to impose, consider a building for structural repairs even if
the cost of such repairs is likely to exceed the limit aforesaid:
Provided further that, where in any case the occupiers of a building undertake that they
shall bear the cost of such repairs which are in excess of 1 [one thousand two hundred
rupees] per square metre and abide by such terms and conditions for payment of the
excess cost to the Board as it may think fit to impose, the Board may carry out structural
repairs to such building.
(4) The Municipal Commissioner shall, from time to time, send to the Board, full
particulars of the buildings which are in a ruinous or dangerous condition and the
condition of which is such that they are likely to fall if structural repairs are not urgently
undertaken or in respect of which he has served notice under Section 354 of the
Corporation Act, but the same have not been complied with.
SECTION 89: PROCEDURE BEFORE UNDERTAKING STRUCTURAL REPAIRS

(1) Where the Board is Satisfied under Section 88 that structural repairs are necessary
to a building, the Board shall give the owner thereof a notice of not less than fifteen
days, informing that the Board intends to carry out such repairs on and from a date

specified in the notice, being a date which shall be after the expiry of the period
specified in the notice, and asking him to submit objections or suggestions, if any,
thereto before the time specified in the notice.
(2) The notice shall also require the owner to furnish to the Board a statement in writing
signed by the owner stating therein the names of all occupiers of the building known to
him from his record, the approximate area and location of the premises in occupation of
each occupier and the rent, compensation or amount (including permitted increases, if
any), charged therefor.
(3) A copy of such notice shall also be affixed in conspicuous part of the building to
which it relates and also published by proclamation or near such building accompanied
by a beat of drum for the information of the occupiers there of and for giving them an
opportunity to submit objections or suggestions, if any.
(4) On such affixation and publication of the notice, the owner, occupiers and all other
persons interested in such building shall be deemed to have been duly informed of the
matters and contents stated
(5) After considering the objections and suggestions received within the time aforesaid,
the Board may decide to carry the repairs with or without modification or may postpone
the repairs for a certain period, or may cancel the intention to repair.
(6) Where the Board has reason to believe that the building is immediately dangerous
for habitation, the notice may be returnable within 24 hours from the service thereof.
(7) The Board may, before giving any such notice or before the period of any such
notice has expired, take such temporary measures as it thinks fit to prevent danger to,
or from, the said buildings.
(8) Any owner who refuses to furnish a statement as required by sub section (1) or
intentionally furnishes a statement which is false in any in the notice material particular
shall, on conviction, be punished with fine which may extend to one thousand rupees.
SECTION 90: TEMPORARY ACCOMMODATION PENDING STRUCTURAL

REPAIRS
(1) Where the Board, before undertaking structural repairs to any building is of the
opinion that all or any of the occupiers thereof should temporarily vacate their promises
till the repairs are completed the Board shall give them notice to vacate by a date or

dates specified in the notice, and allot temporary accommodation to such occupiers in
any buildings maintained by the Authority for such purpose, at such places and to such
extend as it deems fit.
(2) Such temporary accommodation may not be in the same locality or of the same floor
area as the premises vacated by the occupiers.
(3) If any occupier fails to accept and occupy the accommodation allotted to him within
one month from the date of allotment, the responsibility of the Board to provide him with
any accommodation shall cease.
(4) Subject to the next succeeding sub-sections, such occupier shall, however, have a
right to re-occupy his premises in the building after it is repaired.
(5) The use and occupation of the temporary accommodation allotted to an occupier
shall be free of charge, but shall be subject to payment of such service charges and]
such other terms and conditions as the Board may from time to time determine.
(6) The occupier shall, on accepting the accommodation allotted to him, continue to pay
the owner the rent (including permitted increases, if any) in respect of the premises
vacated by the occupier.
(7) Where on occupier does not accept the accommodation allottee by the Board, such
occupier shall, nevertheless be liable to continue pay to the owner the rent (including
permitted increases, if any), of the premises vacated by him, unless by giving proper
notice to the owner, he surrenders his tenancy or other right.
(8) The occupier, whether he accepts the accommodation or makes his own
arrangement, shall also be liable, until his tenancy continues, to pay to the owner his
proportionate contribution for the cess as if he had not temporarily vacated the premises
and shall be liable for all the consequences if he fails so to pay.
(9) Where an occupier does not vacate his premises, the Board may take or cause to be
taken such steps and use or cause to be used such force as may be reasonably
necessary for the purpose of getting the premises vacated.
(10) The Board may, after giving fifteen clear days' notice to the occupiers who were
required to vacate the premises under sub-section (9) and affixing a copy thereof on or
near the premises, in some conspicuous place, remove or cause to be removed or
dispose of by public auction any property remaining in such premises.

(11) Where the property is sold under sub-section (10), the sale proceeds shall, after
deducting the expenses of sale, be paid to such person or persons as may be entitled to
the same:
Provided that, where the Board is unable to decide as to the person or persons to whom
the balance of the amount is payable or as to the apportionment of the same, it shall
refer such dispute to a civil court of competent jurisdiction, and the decision of the court
shall be final.
(12) Where the work of carrying out structural repairs to any building is nearing
completion or is completed, the Board shall give notice to the occupiers concerned by
affixing it in some conspicuous part of the building and by sending it by post to the
address which may have been registered with the Board by any occupier and in such
other manner as may be laid down in the regulations, that the building is likely to be
ready for re-occupation from a date specified in the notice and that the occupiers should
re-occupy their respective premises in such building within a period of one month from
such date.
(13) If an occupier fails to re-occupy his premises within such period. of one month, his
tenancy or other right in respect of such premises shall, notwithstanding anything
contained in any contract or in the Rent Act or any other law for the time being in force,
be deemed to be terminated, and the owner shall be entitled to possession thereof
(14) If such occupier has accepted and temporary accommodation allotted to him under
this section he shall vacate the same forthwith, and if he does not vacate forthwith of
within such time as the Board may permit in writing, he shall be liable to be evicted
there from under the provisions of Chapter VI of this Act as if such person was in an
unauthorised occupation of the Authority premises
2. Which are the coastal regulation zone? Which are the regulated activities in
the coastal regulation zone?
Under the Environment Protection Act, 1986 of India, notification was issued in
February 1991, for regulation of activities in the coastal area by the Ministry of
Environment and Forests (MoEF). As per the notification, the coastal land up to 500m
from the High Tide Line (HTL) and a stage of 100m along banks of creeks, estuaries,
backwater and rivers subject to tidal fluctuations, is called the Coastal Regulation
Zone(CRZ).

CRZ along the country has been placed in four categories. The above notification
includes only the inter-tidal zone and land part of the coastal area and does not include
the ocean part. The notification imposed restriction on the setting up and expansion[1]
of industries or processing plaits etc. in the said CRZ. Coastal Regulation Zones(CRZ)
are notified by the govt of India in 1991 for the first time. Under this coastal areas have
been classified as CRZ-1, CRZ-2, CRZ-3, CRZ-4. And the same they retained for CRZ
in 2003 notifications as well.
CRZ-1: these are ecologically sensitive areas these are essential in maintaining the
ecosystem of the coast. They lie between low and high tide line. Exploration of natural
gas and extraction of salt are permitted
CRZ-2: these areas are urban areas located in the coastal areas. Now under new
coastal zone regulations 2018, the floor space index norms has been de-freezed.
CRZ-3: rural and urban localities which fall outside the 1 and 2. Only certain activities
related to agriculture even some public facilities are allowed in this zone
CRZ-4: this lies in the aquatic area up to territorial limits. Fishing and allied activities are
permitted in this zone. Solid waste should be let off in this zone. This zone has been
changed from 1991 notification, which covered coastal stretches in islands of Andaman
& Nicobar and Lakshdweep
3. Critically analyze the prohibited / permitted and restricted activities under

coastal regulations zone. Areas covered under the CRZ and their classification? -
133
Prohibited / permitted and restricted activities under coastal regulations zone
1. Setting up of new industries and expansion of existing industries
2. Manufacture or handling oil storage or disposal of hazardous substances
3. Setting up and expansion of fish processing units
4. Land reclamation , bunding or disturbing the natural course of seawater
5. Setting up and expansion of units or mechanism for disposal of wastes and

effluents

6. Discharge of untreated waste and effluents from industries, cities, or towns and
other human settlements.
7. Dumping of city or town wastes for the purpose of land filling and the like.
8. Port and harbour projects in high eroding stretches of the coast.
9. Reclamation for commercial purposes (shopping, housing complexes. Hotels,

entertainment activities)
10. Mining of sand, rocks and other sub-strata material
11. Drawl of groundwater and construction related thereto within 200 mts of HTL
12. Construction activities
13. Dressing or altering the sand dunes, hills, natural features including landscape
changes for beautification, recreation etc.
14. Facilities required for patrolling and vigilance activities of marine/coastal police
station.
Areas covered under the CRZ
1. Land area from High Tide Line to 500 mts on the landward side along the sea
front.
2. Land area between HTL to 100 mts or width of the creek whichever is less on the
landward side along the tidal influenced water bodies.
3. Land area falling between the hazard line and 500 mts from HTL on the landward
side, in case of seafront and between the hazard line and 100 mts in case of tidal
influenced water body.
4. The land area between HTL and Low Tide Line
5. The water and bed area between LTL to the territorial water limit in case of the
sea and the water and the bed area between LTL at the bank to the LTL in the
opposite side of the bank, of tidal influenced water bodies.

Classification of the CRZ areas, The CRZ areas are classified into four categories:
1. CRZ-I: The areas that are ecologically sensitive and where the geomorphological
features play a role in maintaining the integrity of the coast (Example :
Mangroves, corals, sand dunes, biologically active mudflats etc.). This also
includes the area between the Low Tide Line and the High Tide Line.
2. CRZ-II: The areas that have been developed up to or close to the shoreline.
3. CRZ-III : Areas that are relatively undisturbed and those do not belong to either
CRZ-I or II which include coastal zone in the rural areas and also areas within
municipal limits or in other legally designated urban area which are not
substantially built up.
4. CRZ-IV: This includes the water area from the Low Tide Line to 12 NM on the
seaward side, as well as the water area of the tidal influenced water body from
the mouth of the water body at the sea up to the influence of tide.
4. Which are the matters to be considered in determining compensation by

the special land Acquisition officer? Describe the parameters to be considered
while determining compensation for acquisition of land?
Elucidate the procedure of “Compensation” under Section 23 of Land acquisition

act 1894.
Section 23 in The Land Acquisition Act, 1894 explains in determining the amount of
compensation to be awarded for land acquired under this Act, the court shall take into
consideration---
first, the market-value of the land at the date of the publication of the {Subs, by Act 38 of
1923, s.7, for "declaration relating thereto under s.6."} [notification under section 4, sub-
section (1)];
secondly, the damage by the person interested, by reason of the taking of any standing
crops or trees which may be on the land at the time of the Collector's taking possession
thereof;
thirdly, the damage (if any) sustained by the person interested, at the time of the
Collector's taking possession taking possession of the land, by the reason of severing
such land from his other land;

fourthly, the damage (if any) sustained by the person interested, at the time of the
Collector's taking possession of the land, by reason of the acquisition injuriously
affecting his other property, movable or immovable, in any other manner, or his
earnings;
fifthly, if in the consequence of the acquisition of the land by the Collector, the person
interested is compelled to change his residence or place of business, the reasonable
expenses (if any) incidental to such change; and
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land
between the time of the publication of the declaration under section 6 and the time of
the Collector's taking possession of the land.
(2) In addition to the market-value of the land as above provided the Court shall in every
case award a sum of fifteen per centum on such market-value, in consideration of the
compulsory nature of the acquisition.
Comment: "It is settled law that the burden of proof of market value prevailing as on the
date of publication of Section 4(1) notification is always on the claimants. Though this
Court has time and again pointed out the apathy and blatant lapse on the part of the
acquiring officer to adduce evidence and also improper or ineffective or lack of interest
on the part of the counsel for the State to cross-examine the witnesses on material
facts, it is the duty of the Court to carefully scrutinise the evidence and determine just
and adequate compensation. If the sale deeds are fond to be genuine, the market value
mentioned therein must be presumed to be correct. If the genuineness is doubted, it
cannot be relied upon, Proper tests and principles laid down by this Court must be
applied to determine compensation." Hookiyar Singh v. Special Land Acquisition Officer,
Moradabad AIR 1996 SUPREME
Section 23(1A) in The Land Acquisition Act, 1894
In addition to the market value of the land, as above provided, the Court shall in every
case award an amount calculated at the rate of twelve per centum per annum on such
market-value for the period commencing on and from the date of the publication of the
notification under section 4, sub-section (1), in respect of such land to the date of the
award of the Collector or the date of taking possession of the land, whichever is earlier.

Explanation. —In computing the period referred to in this sub-section, any period or
periods during which the proceedings for the acquisition of the land were held up on
account of any stay or injunction by the order of any Court shall be excluded.]
Section 23(2) in the Land Acquisition Act, 1894
In addition to the market-value of the land, as above provided, the Court shall in every
case award a sum of thirty per centum on such market-value, in consideration of the
compulsory nature of the acquisition.
5. What are land records? Explain the Role of Talth as to record of Right?
Explain the authorities responsible for maintaining the land records under the
Maharashtra Land revenue code 1966?
Section 2 (18) of the Maharashtra Land Revenue code mentions "land records" means
records maintained under the provisions of, or for the purposes of this Code and
includes a copy of maps and plans of a final town planning scheme, improvement
scheme or a scheme of consolidation of holdings which has come into force in any area
under any law in force in the State & forwarded to any revenue or survey officer under
such law or otherwise;
Record of Rights


Role of Talathi
1. The Talathi shall be responsible for the collection of arrears of land revenue and
all amounts recoverable as arrears of land revenue and for the maintenance of
record of rights and shall perform all such duties and functions as are provided
for in the Maharashtra Land Revenue Code or rules thereunder or any law for the
time being in force or by order of the State Government.
2. The Talathi shall, whenever he makes an entry in the register of mutations, at the
same time post up a complete copy of the entry in a conspicuous place in the
Chavdi and shall give written intimation to all persons appearing from record of
rights or register of mutations to be interested in the mutations, and to any other
person whom he has reason to believe to be interested therein. He shall also
indicate in pencil the number of the mutation entry against the entry relating to
that land appearing in the Record of Rights
3. After an entry in the register of mutations is certified by a revenue or survey

officer not below the rank of an Aval Karkun or Circle Inspector competent to do
so the Talathi shall record it in ink in the record of rights.
4. If entry in the register of mutations is cancelled by the competent authority, the

Talathi shall rub out the pencil entry made in the record of rights.
5. The Talathi shall prepare and maintain a record of rights in accordance with the
Maharashtra Land Revenue Record of Rights and Registers (Preparation and
Maintenance) Rules, 1971 in this behalf.
6. The Talathi shall on receipt of a written application by the holder of agricultural

lands, including a tenant primarily liable to pay land revenue therefor, supply a
booklet (Khate Pustika) containing a copy of the record of rights pertaining to
such land.
7. The Talathi shall enter all fragments in the register of mutations and issue notices
in the prescribed form under the Consolidation Act to the persons concerned, in
addition to the notices to be issued and published in accordance with the rules
relating to the maintenance of the record of rights.

8. The Talathi shall similarly enter in a register of mutations any intimation of
acquisition or transfer by a registering officer under section 154 of the Code or by
any Collector
9. The Talathi shall maintain a cash book and exhibit in it all the moneys he
receives, credits into the treasury within 15 days. He shall at no time hold as
balance in hand an amount of more than Rs. 1,000.
10. The Talathi shall report to the Tahsildar the progress of recovery of land revenue
in the chalan under which he credits land revenue recovered in Government
treasury.
11. The Talathi shall submit to the Tahsildar all his revenue accounts for audit
(Jamabandi) as soon as he recovers all the dues of the year. This shall include
the submission of abstract of Village Form VIII-B which shall be submitted by
31st May.
Authorities responsible for maintaining the land records under the Maharashtra
Land revenue code 1966
 "Settlement Commissioner",
 "Director of Land Records",
 "Deputy Director of Land Records",
 "Superintendents of Land Records",
 "Settlement Officers",
 "District Inspectors of Land Records" and
 "Survey Talisildars",
6. How are acquisitions of rights recorded in FORM VII / XII? - 136


Importance of record of right:-
The provisions made in the Maharashtra Land Revenue Code, 1966 are revenue-
oriented. Although recent time land revenue is not important source of income of the
state, this record remained important because this is registered of rights and liabilities.
After independent rapid development in industry and commerce took place, area under
urbanization is also increased. With the result prices of land soared. People found real
estate a reliable place for investment. Record of Right became one of the most
important documents for investigation of title.
Registered of Record of Right and Registered of crops is prepared and maintained by

Talathi in the combined village form VII-XII and Registered of Mutation in village form
VI.
Information available in record of rights:-
1. Names of all persons who are acquired some rights in the land, nature and limits
of their rights and conditions under which the rights are acquired by them. Rent
or revenue required to pay by them.
2. Details of charges of attachment and decrees under the order of civil court or
revenue authorities
3. Details of loan taken by the occupant
4. If land is classified as a “fragment” under the section 6 of the Bombay prevention

of fragmentation and consolidation of holding Act 1947, the same is noted in this
record.
5. Easement, such as right of way is entered in this record.

Procedure of change in rights:-
Any person acquiring by succession, survivorship, inheritance, partition, purchase

mortgage, gift, lease or otherwise, any right as holder, occupant , owner, mortgagee ,
land lord, Government lessee or tenant of the land has obligation to report in writing his
acquisition of such right to the Talathi within three months from the date of such
acquisition.
When any document is registered under Registration Act 1908, creating any right on
land, registering officer has to send intimation to the Talathi and Tahasildar in the first
week of each month in respect of documents registered in the preceding month.
After receipt of acquisition report from the person or receipt of intimation from the
registering officer, Talathi has to make entry of the same in the registered of mutation.
To safeguard interest of the person acquiring right or intend to acquire right in the land
Talathi has to write mutation number on record of right by pencil. He has to post up
complete copy of the mutation entry in a conspicuous in the Chavdi. Also he has to give
written intimation to all persons whose names appeared on record of rights, register of
mutation and to any other person to whom he has reason to believe that they are
interested therein. Circle inspector has to certify the mutation entry after verifying
correctness of the entry. Talathi has to correct relevant village forms and their abstract
in accordance with the certified entry.
Where collector‘s permission is required to obtain before acquiring right, person has to
apply in prescribed form to the collector. Where right is acquired without permission,
Talathi has to record this fact in the register of mutation. Right so acquired will be
treated as a null and void.
7. Explain the consequences of non-registration of document?
In Registration Act, 1908, Section 49 explains the Effect of non-registration of

documents required to be registered
No document required by section 17 32[or by any provision of the Transfer of Property

Act, 1882] to be registered shall-
(a) affect any immovable property comprised therein, or
(b) confer any power to adopt, or

(c) be received as evidence of any transaction affecting such property or conferring
such power, unless it has been registered:
[PROVIDED that an unregistered document affecting immovable property and required

by this Act or the Transfer of Property Act, 1882, to be registered may be received as
evidence of a contract in a suit for specific performance under Chapter II of the Specific
Relief Act, 1877, or as evidence of part performance of a contract for the purposes of
section 53A of the Transfer of Property Act, 1882, or as evidence of any collateral
transaction not required to be effected by registered instrument.]
Section50 - Certain registered documents relating to land to take effect against

unregistered documents
(1) Every document of the kinds mentioned in clauses (a), (b), (c), and (d) of section 17,
sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take
effect as regards the property comprised therein, against every unregistered document
relating to the same property, and not being a decree or order, whether such
unregistered document be of the same nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-
section (1) of section 17 or to any document mentioned in sub-section (2) of the same
section, or to any registered document which had not priority under the law in force at
the commencement of this Act.
Explanation.-- In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866
(20 of 1866), was in force in the place and at the time in and at which such unregistered
document was executed, "unregistered" means not registered according to such Act,
and, where the document is executed after the first day of July, 1871, not registered
under the Indian Registration Act, 1871 (8 of 1971), or the Indian Registration Act, 1877
(3 of 1977), or this Act.
8. Under Maharashtra land ceiling act, what are restrictions on transfer of

agricultural land? 169
Restrictions on Transfers and Acquisitions – Consequences of Contraventions
Restriction on transfer.– Where a person, or as the case may be, a family unit holds
land in excess of the ceiling area on or after the commencement date, such person, or
as the case may be, any member of the family unit shall not, on and after that date,

transfer any land, until the land in excess of the ceiling area is determined under this
Act.
Explanation. – In this section, “transfer” means transfer, whether by way of sale, gift,
mortgage with possession, exchange, lease, assignment of land for maintenance,
surrender of a tenancy or resumption of land by a landlord or any other disposition,
whether by act of parties made inter vivos or by decree or order of a court, tribunal or
authority (except where such decree or order is passed in a proceeding which is
instituted in such court, tribunal or before such authority before the 26th day of
September 1970), but does not include transfer by way of sale or otherwise of land for
the recovery of land revenue or for sums recoverable as arrears of land revenue, or
acquisition of land for a public purpose under any law for the time being in force.
Restriction on acquisition of land in excess of ceiling area.– No person or a member of a

family unit shall at any time, on or after the commencement date, acquire by transfer
any land if he, or as the case may be, the family unit already holds land in excess of the
celling area or land which together with any other land already held by such person, or
as the case may be, the family unit, will exceed in the total the ceiling area.
Explanation. – In this section, transfer has the same meanings as in section 8.
9. Explain the procedure of compulsory registration of documents with

exceptions, if any?
Under Registration Act, 1908, section 17 explains Documents of which registration is

compulsory
(1) The following documents shall be registered, if the property to which they relate is
situate in a district in which, and if they have been executed on or after the date on
which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian
Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes
into force, namely:-
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare,

whether vested or contingent, of the value of one hundred rupees, and upwards, to or in
immovable property;

(c) non-testamentary instruments which acknowledge the receipt or payment of any
consideration on account of the creation, declaration, assignment, limitation or
extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year,
or reserving a yearly rent;
12[(e) non-testamentary instruments transferring or assigning any decree or order of a

court or any award when such decree or order or award purports or operates to create,
declare, assign, limit or extinguish, whether in present or in future, any right, title or
interest, whether vested or contingent, of the value of one hundred rupees and
upwards, to or in immovable property:]
PROVIDED that the State Government may, by order published in the Official Gazette,
exempt from the operation of this sub-section any leases executed in any district, or part
of a district, the terms granted by which do not exceed five years and the annual rent
reserved by which do not exceed fifty rupees.
(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-
or
interest; or


15[Explanation: A document purporting or operating to effect a contract for the sale of

immovable property shall not be deemed to require or ever to have required registration
by reason only of the fact that such document contains a recital of the payment of any
earnest money or of the whole or any part of the purchase money.]
(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not
conferred by a will, shall also be registered.
10. Explain in details the documents which shall be registered under the
Registration act 1908 and the documents which may be registered under the
Registration act 1908?
Documents which shall be registered under the Registration act 1908

Section 17 in above question
Documents which may be registered under the Registration act 1908
Under Registration Act, 1908, Section 18 explains Documents of which registration is

optional
Any of the following documents may be registered under this Act, namely:-
(a) instruments (other than instruments of gift and wills) which purport or operate to
create, declare, assign, limit or extinguish, whether in present or in future, any right, title
or interest, whether vested or contingent, of a value less than one hundred rupees, to or
in immovable property;
(b) instruments acknowledging the receipt or payment of any consideration on account

of the creation, declaration, assignment, limitation or extinction of any such right, title or
interest;
(c) leases of immovable property for any term not exceeding one year, and leases
exempted under section 17;
16[(cc) instruments transferring or assigning any decree or order of a court or any

award when such decree or order or award purports or operates to create, declare,
whether vested or contingent, of a value less than one hundred rupees, to or in
immovable property;]
(d) instruments (other than wills) which purport or operate to create, declare, assign,
limit or extinguish any right, title or interest to or in movable property;
(e) wills; and
(f) all other documents not required by section 17 to be registered.
11. Describe the purpose and procedure for acquisition of land under the Right
of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013?
Elucidate the procedure of acquisition of land for Public purpose?

Purpose for Acquisition of land
The Act aims to establish the law on land acquisition, as well as the rehabilitation and
resettlement of those directly affected by the land acquisition in India. The Act is
applicable when government acquires land for its own use, hold and control, including
land for Public sector undertakings, government acquires land with the ultimate purpose
to transfer it for the use of private companies for stated public purpose. The purpose of
LARR 2011 includes public-private-partnership projects, but excludes land acquired for
state or national highway projects, Government acquires land for immediate and
declared use by private companies for public purpose.
 For strategic purposes relating to naval, military, air force, and armed forces of
the Union, including central paramilitary forces or any work vital to national
security or defence of India or State police, safety of the people; or
 For infrastructure projects, which includes the following, namely:
 All activities or items listed in the notification of the Government of India in the
Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF,
dated 27 March 2012, excluding private hospitals, private educational institutions
and private hotels;
 Projects involving agro-processing, supply of inputs to agriculture, warehousing,

cold storage facilities, marketing infrastructure for agriculture and allied activities
such as dairy, fisheries, and meat processing, set up or owned by the
appropriate Government or by a farmers' cooperative or by an institution set up
under a statute;
 Project for industrial corridors or mining activities, national investment and

manufacturing zones, as designated in the National Manufacturing Policy;
 Project for water harvesting and water conservation structures, sanitation;
 Project for Government administered, Government aided educational and

research schemes or institutions;
 Project for sports, health care, tourism, transportation of space programme;
 Any infrastructure facility as may be notified in this regard by the Central

Government and after tabling of such notification in Parliament;

 Project for project affected families;
 Project for housing, or such income groups, as may be specified from time to
time by the appropriate Government;
 Project for planned development or the improvement of village sites or any site in
the urban areas or provision of land for residential purposes for the weaker
sections in rural and urban areas;
 Project for residential purposes to the poor or landless or to persons residing in

areas affected by natural calamities, or to persons displaced or affected by
reason of the implementation of any scheme undertaken by the Government, any
local authority or a corporation owned or controlled by the State.
Procedure for acquisition of land
The process of acquisition begins with the issuance of preliminary notification, as

envisaged under Section 11 of Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013. Whenever, it appears to the
appropriate Government that land in any area is required or likely to be required for any
public purpose, a preliminary notification under Section 11 in rural or urban areas shall
be published.
Section 12 provides for the preliminary survey of land and power of officers to carry out
such survey for the purposes of enabling the appropriate Government to determine the
extent of land to be acquired, it shall be lawful for any officer, either generally or
specially authorised by such Government in this behalf, and for his servants and
workmen
Section 13 provides that the officer shall at the time of entry under section 12 pay for
any damage caused. It is payment for the intended damage. Damage means any harm
done to land during the course of surveying it and other acts necessary to ascertain
whether it is capable of being adapted for public purpose.
Section 14 provides that where a preliminary notification under section 11 is not issued
within 12 months from the date of appraisal of the Social Impact Assessment (SIA)
report submitted by the Expert Group under section 7, then, such report shall be
deemed to have lapsed and a fresh Social Impact Assessment shall be required to be
undertaken prior to acquisition proceedings.

Section 15 is consistent with the basic principle that no man’s property shall be
acquired unless he has been given an opportunity of being heard.The main objective of
issuing preliminary notification is to call for objections, if any, against such acquisitions
from the owners or others who are having certain interest over the property; giving them
an opportunity to raise their claims against the move of the government for acquiring
their lands.
Section 16 provides for the preparation of Rehabilitation and Resettlement Scheme by

the Administrator upon the publication of the preliminary notification by the Collector, the
Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake
a census of the affected families
Section17 the Collector shall review the draft Scheme submitted by the Administrator
with the Rehabilitation and Resettlement Committee at the project level constituted
under section 45. The Collector shall submit the draft Rehabilitation and Resettlement
Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for
approval of the Scheme.
After receipt of objections, the concerned authority shall consider those objections, and
if found unsatisfactory, then a final declaration rejecting the claims will be issued.
Section 19 of the new Act provides that the final declaration shall be published by the
authority within a period of 12 months from the date of issuance of preliminary
notification under section 11 of the Act.
Under Section 21 the Collector shall publish the public notice on his website and cause
public notice to be given at convenient places on or near the land to be taken, stating
that the Government intends to take possession of the land, and that claims to
compensations and rehabilitation and resettlement for all interests in such land may be
made to him.
Under Section 22 the Collector may also require any interested person to make or
deliver to him a statement within 30 days containing the name of every other person
possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor,
mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and
profits, if any, received or receivable on account thereof for three years next preceding
the date of the statement.
Under Section 23 the Collector shall proceed to enquire into the objections which any
person interested has stated pursuant to a notice given under Section 21 and into the

respective interests of the persons claiming the compensation and rehabilitation and
resettlement, shall make an award under his hand
Under Section 25 the Collector shall make an award within a period of 12 months from
the date of publication of the declaration and if no award is made within that period, the
entire proceedings for the acquisition of the land shall lapse.
The claimant will be entitled to the compensation which is determined on the basis of
the market value of the land determined as on the date of preliminary notification. The
market value of the proposed land under Section 26 to be acquired shall be set as the
higher of the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the
registration of sale deeds in the area.
The Collector having determined the market value of the land to be acquired shall under
Section 27 calculate the total amount of compensation to be paid to the land owner
whose land has been acquired by including all assets attached to the land.
The Collector in determining the market value of the building and other immovable
property or assets attached to the land or building which are to be acquired, under
Section 29 will use the services of a competent engineer or any other specialist in the
relevant field, as may be considered necessary by him.
The Collector after having determined the total compensation to be paid shall, to arrive
at the final award, under Section 30 impose a “Solatium” which is the amount
equivalent to 100% of the compensation amount.
12. What are the matters to be considered in determination of Awards?
13. Set out the exceptions to Section 17 (1) of the Registration act, 1908. – 162
Nothing in clauses (b) and (c) of sub-section (1) applies to-

or
interest; or

14. Analyze section 44 and Section 45 of the MRTP act 1966. - 167

Section 44 - APPLICATION FOR PERMISSION FOR DEVELOPMENT
Except as otherwise provided by rules made in this behalf, any person not being Central
or State Government or local authority intending to carry out any development on any
land shall make an in application writing to the Planning Authority for permission in such
form and containing such particulars and accompanied by such documents, as may be
prescribed.
Provided that, save as otherwise provided in any law, or any rules, regulations or by-
laws made under any law, for the time being in force, no such permission shall be
necessary for demolition of an existing structure, erection or building or part thereof, in
compliance of a statutory notice from a Planning Authority or a Housing and Area
Development Board, the Bombay Repairs and Reconstruction Board or the Bombay
Slum Improvement Board established under the Maharashtra Housing and Area
Development Act, 1976.
Section 45 - GRANT OR REFUSAL OF PERMISSION
(1) On receipt of an application under Section 44 the Planning Authority may, subject to
the provisions of this Act by order in writing
(i) grant the permission, unconditionally;
(ii) grant the permission, subject to such general or special conditions as it may
impose with the previous approval of the State Government; or
(iii) refuse the permission
(2) Any permission granted under sub-section (1) with or without conditions shall be
contained in a commencement certificate in the prescribed form.
(3) Every order granting permission subject to conditions, or refusing permission shall
state the grounds for imposing such conditions or for such refusal.
(4) Every order under sub-section (1) shall be communicated to the applicant in the
manner prescribed by regulations.
(5) If the Planning Authority does not communicate its decision whether to grant or
refuse permission to the applicant within sixty days from the date of receipt of his
application, or within sixty days from the date of receipt of reply from the applicant in

respect of any requisition made by the Planning Authority, whichever is later, such
permission shall be deemed to have been granted to the applicant on the date
immediately following the date of expiry of sixty days.
Provided that, the development proposals for which the per-mission was applied for, is
strictly in conformity with the requirements of all the relevant Development Control
Regulations framed under this Act or byelaws or regulations framed in this behalf under
any law for the time being in force and the same in no way violates either the provisions
of any draft or final plan or the same in no way violates either the provisions of any draft
or final plan or proposals published by means of notice, submitted for sanction under
this Act:
Provided further that, any development carried out in pursuance of such deemed
permission which is in contravention of the provisions of the first proviso, shall be
deemed to be an unauthorised development for the purposes of section-, 52 to 57.]
The Planning Authority shall, within one month from the date of issue of commencement
certificate, forward duly authenticated copies of such certificate and the sanctioned
building or development plans to the Collector concerned.
15. How is a sanad obtained under the Maharashtra land revenue code?
SECTION 129: Sanad To Be Granted Without Extra Charge:
Every holder of a building site as aforesaid and every holder of a building site newly
formed or first used a$ such, after the completion of a survey under section 126 shall be
entitled, where the holder is required to pay survey fee provided therefore, to receive
from the Collector without extra charge one or more sanads, in the form of Schedule C
or to the like effect specifying by plan and description the extent and conditions of his
holding and where a holder is not required to pay any survey fee, he shall, be entitled to
receive such sanad or sanads on payment of a -fee of one rupee per sanad. Every such
sanad shall be executed on behalf of the Governor by such person as he may direct or
authorise:
Provided that, if such holder do not apply for such sanad or sanads at the time of
payment of the survey fee or thereafter within one year from the date of the public
notice issued by the Collector under section 127, the Collector may require him to pay
an additional fee not exceeding one rupee for each sanad.
SECTION 130: Grant Of Sanad On Alteration Of Holding:-

After a survey has been made under section 126, and after sanads have been granted
under section 129, every holder of a building site as aforesaid whose holding is altered
by increase, decrease, sub-division, alteration of tenure or otherwise shall be entitled on
payment of a correction fee to be fixed by regulations made by the Collector with the
sanction of the Commissioner for each village, city or town to receive from the Collector
a fresh sanad in the form of Schedule C or to the like effect specifying by plan and
description, the extent and conditions of his altered holding or, as the case may be to
have the sanad already issued to him under section 129 amended by the Collector.
Section 131. Duplicate sanads may be granted :-
If any holder informs the Collector that the sanad anted to him has been lost or
destroyed by accident, a copy of the sanad granted to him under section 29 or section
130 may be given to him on payment of such charges or fees, if any, as may be
prescribed.
16. Explain in detail the procedure for removal of “Unauthorized development”

under the MRTP act 1966?
Explain the procedure for “Authorized development” under MRTP act 1966? 144
Where any development of land has been carried out as indicated in sub section (1) of
section 52, the Planning Authority may, subject to the provisions of this section, serve
on the owner a notice requiring him, within such period, being not less than one month,
as may be specified therein after the service or the notice, to take such steps as may be
specified in the notice.
(a) in cases specified in clause (a) or (c) of sub-section (1) of section 52, to restore the
land to its condition existing before the said development took place
(b) in cases prescribed in clauses (b) or (d) of sub-section (1) of section 52, to secure
compliance with the conditions or with the permission as modified:
Provided that, where the notice requires the discontinuance of any use of land, the
Planning Authority shall serve a notice on the occupier also.
(2) In particular, such notice may, for purposes of sub-section (1), require—
(a) the demolition or alteration of any building or works;

(b) the carrying out on land of any building or other operations; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period specified in the notice
and in the manner prescribed, apply for permission under section 44 for retention on the
land of any building or works or for the continuance of any use of the land, to which the
notice relates, the pending the final determination or withdrawal of the application, the
mere notice itself shall not affect the retention of buildings or works or the continuance
of such use.
(4) The foregoing provisions of this chapter shall, so far as may be applicable, apply to
an application made under sub-section (2).
(5) If the permission applied for is granted, the notice shall stand withdrawn; but if the
permission applied for is not granted, the notice shall stand; or if such permission is
granted for the retention only of some buildings, or works, or for the continuance of use
only a part of the land, the notice shall stand withdrawn as respects such buildings or
works or such part of the land, but shall stand as respects other buildings or works or
other part of the land, as the case may be; and thereupon, the owner shall be required
to take steps specified in the notice under sub-section (1) as respects such other
buildings, works or part of the land,
(6) If within the period specified in the notice or within the same period after the disposal
of the application under sub-section (4), the notice or so much of it as stands is not
complied with, the Planning Authority may
(a) prosecute the owner for not complying with the notice; and where the notice requires
the discontinuance of any use of land any other person also who uses the land or
causes or permits the land to be used in contravention of the notice; and
(b) where the notice requires the demolition or alteration of any building or works
carrying out of any building or other operations, itself cause the restoration of the land to
its condition before the development took place and secure compliance with the
conditions of the permission or with the permission as modified by taking such steps as
the Planning Authority may consider necessary including demolition or alteration of any
building or works or carrying out of any building or other operations; and recover the
amount of any expenses incurred by it in this behalf from the owner as arrears of land
revenue.

(7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction,[be
punished with imprisonment for a term 2[which shall not be less than one month but
which may extend to three years and with fine which shall not be less than two
thousand rupees but which may extend to five thousand rupees, and in the case of a
continuing offence with a further daily fine which may extend to two hundred rupees] for
every day during which such offence continues after conviction for the first commission
of the offence.
17. Describe in detail the procedure & provisions of adjudication and legal
provisions pertaining to instruments not duly stamped under the Maharashtra
Stamp act 1958?
Section 31 explains Adjudication as to proper stamps.–
(1) When an instrument, whether executed or not and whether previously stamped or
not, is brought to the Collector, [by one of the parties to the instrument and such
person]applies to have the opinion of that officer as to the duty (if any) with which [or the
Article of Schedule I under which] it is chargeable and pay [a fee of one hundred
rupees] the Collector shall determine the duty (if any) with which [or the Article of
Schedule I under which] in his judgment, the instrument is chargeable].
(2) For this purpose the Collector may require to be furnished with [a true copy or] an
abstract of the instrument, and also with such affidavit or other evidence as he may
deem necessary to prove that all the facts and circumstances affecting the chargeability
of the instrument with duty, or the amount of the duty with which it is chargeable, are
fully and truly set forth therein and may refuse to proceed upon any such application
until [such true copy or abstract] and evidence have been furnished accordingly:
Provided that,-
(a) no evidence furnished in pursuance of this section shall be used against any person
in any civil proceeding, except in any inquiry as to the duty with which the instrument to
which it relates is chargeable; and
(b) every person by whom any such evidence is furnished shall, on payment of the full
duty with which the instrument to which it relates is chargeable, be relieved from any
penalty which he may have incurred under this Act by reason of the omission to state
truly in such instrument any of the facts or circumstances aforesaid.

[(3) Where the Collector acting under sub-sections (1) and (2) is not the Collector of the
District and if he has reasons to believe that the market value of the property, which is
the subject matter of the instrument, received by him for adjudication, has not been truly
set forth therein, [he shall, for the purpose of assessing the stamp duty, determine the
true market value of such property, as laid down in the Bombay Stamp (Determination
of True Market Value of Property) Rules, 1995.] ] [(4) When an instrument is brought to
the Collector for adjudication,-
(i) within one month of the execution or first execution of such instrument in the State; or
(ii) if, such instrument is executed or first executed, out of the State, within three months
from the date of first receipt of such instrument in this State,
the person liable to pay the stamp duty under section 30 shall pay the same within sixty
days from the date of service of the notice of demand in respect of the stamp duty
adjudicated by the Collector. If such person fails to pay the stamp duty so demanded
within the said period, he shall be liable to pay a penalty at the rate of two per cent of
the deficient portion of the stamp duty, for every month or part thereof, from the date of
execution of such instrument, or as the case may be, date of the first receipt of such
instrument in the State] [Provided that, in no case, the amount of the penalty shall
exceed double the deficient portion of the stamp duty.]
18. Discuss the restrictions on sale of agricultural land described under the
Maharashtra tenancy and Agricultural Lands act 1948?
Section 63 Transfers to non-agriculturists barred
(1) Save as provided in this Act:-
(a) no sale (including sales in execution of a decree of a Civil Court or for recovery of
arrears of land revenue or for sums recoverable as arrears of land revenue), gift
exchange or lease of any land or interest therein, or
(b) no mortgage of any land or interest therein, in which the possession of the
mortgaged property is delivered to the mortgagee, shall be valid in favour of person who
is not an agriculturist [or who being an agriculturist [will after such sale, gift, exchange,
lease or mortgage, hold land exceeding two-thirds of the ceiling area determined under
the Maharashtra Agricultural Lands (Ceiling on Holding) Act, 1961] or who is not an
agricultural labourer]:

Provided that, the Collector or an officer authorised by the [State] Government in this
behalf may grant permission for such sale, gift, exchange, lease or mortgage on such
conditions as may be prescribed.
Explanation:- For the purposes of this sub-section the expression 'agriculturist' includes
any person who as a result of the acquisition of his land for any public purpose has
been rendered landless for a period not exceeding ten years from the date of
possession of his land is taken for such acquisition.
(1A) Where any condition subject to which permission to transfer was granted is
contravened, then the land in respect of which such permission was' granted shall be
liable to be forfeited in accordance with the provisions of section 84CC.
(1B) where permission is granted to any transfer to land under sub-section (1) any
subsequent transfer of such land shall be subject to the provisions of sub-section (1).
(2) Nothing in this section shall be deemed to prohibit the sale, gift, exchange or lease
of a dwelling house or the site thereof or any land appurtenant to it in the favour of an
agricultural labourer or an artisan [or a person carrying on any allied pursuit.
(3) Nothing in this section shall apply or be deemed to have applied to a mortgage of
any land or interest therein effected in favour of a co-operative society as security for
the loan advanced by such society [or any transfer declared to be a mortgage by a court
under S.24 of the Bombay Agricultural Debtors Relief Act, 1947.
(4) Nothing in section 63A shall apply to any sale made under sub-section (1).
19. Set out the documents of which registration is optional
20. State the procedure for repairs or reconstruction of buildings which suddenly
collapse.
21. What is Development? What are the powers of the Planning authority to
deal with unauthorized development? Legal provisions pertaining to
Unauthorized development under MRTP?
Development" with its grammatical variations means the carrying out of buildings,
engineering, mining or other operations in, or over, or under, land or the making of any
material change, in any building or land or in the use of any building or land 1[or any
material structural change in any heritage building or its precincts] 2[and includes
3(demolition of any existing building, structure or erection or part of such building,

structure and erection] 4[reclamation], redevelopment and lay-out and sub- division of
any land; and "to develop" shall be construed accordingly
Section 53 :- POWER TO REQUIRE REMOVAL OF UNAUTHORISED

DEVELOPMENT
(1) Where any development of land has been carried out as indicated in sub section (1)
of section 52, the Planning Authority may, subject to the provisions of this section, 1[****
] serve on the owner a notice requiring him, within such period, being not less than one
month, as may be specified therein after the service or the notice, to take such steps as
may be specified in the notice.
(a) in cases specified in clause (a) or (c) of sub-section (1) of section 52, to
restore the land to its condition existing before the said development took place
(b) in cases prescribed in clauses (b) or (d) of sub-section (1) of section 52, to
secure compliance with the conditions or with the permission as modified:
Provided that, where the notice requires the discontinuance of any use of land, the
Planning Authority shall serve a notice on the occupier also.
(2) In particular, such notice may, for purposes of sub-section (1), require—
(a) the demolition or alteration of any building or works;
(b) the carrying out on land of any building or other operations; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period specified in the notice
and in the manner prescribed, apply for permission under section 44 for retention on the
land of any building or works or for the continuance of any use of the land, to which the
notice relates, the pending the final determination or withdrawal of the application, the
mere notice itself shall not affect the retention of buildings or works or the continuance
of such use.
(4) The foregoing provisions of this chapter shall, so far as may be applicable, apply to
an application made under sub-section (2).

(5) If the permission applied for is granted, the notice shall stand withdrawn; but if the
permission applied for is not granted, the notice shall stand; or if such permission is
granted for the retention only of some buildings, or works, or for the continuance of use
only a part of the land, the notice shall stand withdrawn as respects such buildings or
works or such part of the land, but shall stand as respects other buildings or works or
other part of the land, as the case may be; and thereupon, the owner shall be required
to take steps specified in the notice under sub-section (1) as respects such other
buildings, works or part of the land,
(6) If within the period specified in the notice or within the same period after the disposal
of the application under sub-section (4), the notice or so much of it as stands is not
complied with, the Planning Authority may
(a) prosecute the owner for not complying with the notice; and where the notice
requires the discontinuance of any use of land any other person also who uses
the land or causes or permits the land to be used in contravention of the notice;
and
(b) where the notice requires the demolition or alteration of any building or works
carrying out of any building or other operations, itself cause the restoration of the
land to its condition before the development took place and secure compliance
with the conditions of the permission or with the permission as modified by taking
such steps as the Planning Authority may consider necessary including
demolition or alteration of any building or works or carrying out of any building or
other operations; and recover the amount of any expenses incurred by it in this
behalf from the owner as arrears of land revenue.
(7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction,[be
punished with imprisonment for a term 2[which shall not be less than one month but
which may extend to three years and with fine which shall not be less than two
thousand rupees but which may extend to five thousand rupees, and in the case of a
continuing offence with a further daily fine which may extend to two hundred rupees] for
every day during which such offence continues after conviction for the first commission
of the offence.
Legal Provisions for Unauthorised Development
Section 52 :- Penalty For Unauthorised Development Or For Use Otherwise Than In

Conformity With Development Plan

(1) Any person who, whether at his own instance or at the instance of any other person
commences, undertakes or carries out development or institutes, or changes the use of
any land—
(a) without permission required under this Act; or
(b) which is not in accordance with any permission granted or in contravention of

any condition subject to which such permission has been granted;
(c) after the permission for development has been revoked; or
(d) in contravention of any permission which has been duly modified, shall, on
conviction,1[be punished with imprisonment for a term 2[which shall not be less
than one month but which may extend to three years and with fine which shall
not be less than two thousand rupees but which may extend to five thousand
rupees, and in the case of a continuing offence with a further daily fine which
may extend to two hundred rupees] for every day during which the offence
continues after conviction for the first commission of the offence.
(2) Any person who continues to use or allows the use of any land or building in
contravention of the provisions of a Development plan without being allowed to do so
under section 45 or 47, or where the continuance of such use has been allowed under
that section continues such use after the period for which the use has been allowed or
without complying with the terms and conditions under which the continuance of such
use is allowed, shall, on conviction be punished 3[with fine which may extend to five
thousand rupees;] and in case of a continuing offence, with a further fine which may
extend to one hundred rupees for every day during which such offence continues after
conviction for the first commission of the offence.
22. Explain under which circumstances you can make a reference to court. How are
the references adjudicated?
23. Analyze the role of the civil court under the Agricultural acts. State the relation
between section 18 and 28A of the land acquisition act.
24. What are the restrictions on trading of Agricultural land under chapter III of the
M.A.L ceilings act 1961?

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Land Laws - FAQ&#39;s &amp; Answer&#39;s 2nd LLB - Short Notes &amp; Long Answers

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LAND LAW – 2nd LLB SEM IV

(FAQ’s FROM QUESTION PAPER SINCE MAY 2015)

Section 47 Exempted Lands of Maharashtra Agricultural Lands (Ceiling On Holdings)

Explanation: - For the purposes of clause (e). -

(1) " bank " means, -

(i) a banking company as defined in the Banking Regulation Act, 1949 :

Circulated by Nilesh Jadhav – NLC 2nd Year

(vii) any Agro -Industries Corporation;

(2) "co-operative society" means a co -operative society registered or deemed to be

Circulated by Nilesh Jadhav – NLC 2nd Year

Under Maharashtra Land Revenue Code, 1966 , Section 50 explains

Circulated by Nilesh Jadhav – NLC 2nd Year

4. Exceptions to Sec 17 (1) of Registration act 1908

Nothing in clauses (b) and (c) of sub-section (1) applies to-

(i) any composition-deed; or

(vii) any grant of immovable property by government; or

(viii) any instrument of partition made by a revenue-officer; or

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(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or

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For infrastructure projects, which includes the following, namely:

Projects involving agro-processing, supply of inputs to agriculture, warehousing, cold

Project for industrial corridors or mining activities, national investment and

Project for water harvesting and water conservation structures, sanitation;

Project for Government administered, Government aided educational and research

Circulated by Nilesh Jadhav – NLC 2nd Year

Section 148 of Maharashtra Land Revenue code explains RECORD OF RIGHTS as A

d) the rent or revenue, if any, payable by or to any of such persons;

10. Coastal Regulation Zone

11. Occupier under MHADA

(b) an owner in occupation of, or otherwise using, his land or building;

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(d) a licensee in occupation of any land or building; and

12. Authorized development

Section 31 explains Adjudication as to proper stamps.–

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15. FSI and TDR

TDR is an abbreviation of Transferable Development Rights. TDR is also a kind of FSI.

Circulated by Nilesh Jadhav – NLC 2nd Year

Under Maharashtra land revenue code, 1966 Section 165 - wajib-ul-arz

(a) the Tight to irrigation or right of way or other easements,

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(b) that, by a decree in a civil suit, it has been declared to be erroneous; or

18. Temporary Accommodation

19. Bonafide Industrial use

Section 63-1A affecting AL bought for NA bona fide industrial use.

Circulated by Nilesh Jadhav – NLC 2nd Year

4. Earlier, if the AL being bought was Occupant Class – II land, proposed to be

5. A new sub-section (5) was introduced, which regulates sales/transfers of AL

 Such sale/transfer will require prior permission of the Collector;

Circulated by Nilesh Jadhav – NLC 2nd Year

20. Regularization of Encroachment

Section 51 - REGULARISATION OF ENCROACHMENTS

21. Structural Repairs

Section 2 (36) defines Structural repairs as repairs or replacement of decayed, cracked,

Circulated by Nilesh Jadhav – NLC 2nd Year

22. Award under Land acquisition act.

 The determination of compensation by the Land Acquisition Officer is purely an

 Market Value: Market value as of the date of preliminary notification are to be

 Apportionment: Land Acquisition Officer can apportion the compensation in

 Discretionary power: The Land Acquisition Officer has discretionary power in

Circulated by Nilesh Jadhav – NLC 2nd Year

23. Nistar Patrak

Section 161 - NISTAR PATRAK of MAHARASHTRA LAND REVENUE CODE, 1966

Land Laws - FAQ's & Answer's 2nd LLB - Short Notes & Long Answers

Land Laws - FAQ's & Answer's 2nd LLB - Short Notes & Long Answers