ma ial lea erved, nment se, the e Land notice ceived priate ed or pment 2 State yenter fifteen om alll ffer to crop such a is also 4% per date of if the pment ay an able im. 3 THE MAHARASHTRA HOUSING & AREA DEVELOPMENT ACT, 1976 (MHADA) The Maharashtra Housing and Area Development Act, 1976 came into force on December 5, 1977. Some of the relevant portions of this ‘aet familiarly referred to as “MHADA", are discussed in this Chapter under the following five heads: ‘A. Definitions 8. The Mumbai Repairs and Reconstruction Board : Its powers and duties Cc. Levyand collection of cess D. Structural repairs £. Acquisition of cessed properties for co-operative societies. A. DEFINITIONS S. 2 of the Act contains definitions of several terms used in the Act. These definitions apply unless there is anything repugnant in the subject or context. Only the more important definitions are considered below, and a reference may be made to the Appendix to this book for other definitions. Amenity (8. 2(1)] The word “amenity” is defined to include: + aroad, bridge or any other means of communication + transport + supply of water, electricity and any other source of energy + street lighting + drainage and sewage + educational and welfare projects + Markets and conservancy, and any convenience specified by the State Government by 2 Notification in the Official Gazette, to be an amenity required for leading a wholesome civic life.a2 anaeornte Gas [8.210 re, ee — mu. a aD The term “cess Nov.2011 or jeviable under Chapter «risdefined tomean a taxon ands and buildings Vill of the Act. fa tax or cess (called them 2016 ides for the levy o} ; uf won 2017 5.82 ofthe Act Pty cess) on lands and buildings. 7 ' ion Ci Nov.2018 Repairs and Reconstruction {see “Levy and collection of cess”, discussed later in this Chapter) ee Write a short note on ess. MU. June 2018 Development [S. 2(13)] aa word “development” is defined to mean: = the carrying out of building, engineering, mining or otty operations in or over or under any land (including land und sea, creek, river, lake or any other water), or - the making of any material change in any building or land, The word also includes redevelopment and lay-out and subdivisia of any land and the provision of amenities. (See definition of “amenities above.) [ The term ‘development’ is also defined under the MRTP Act discussed in Chapter 2. } Board [S. 2(6)] = The term “Board”, as used in the A, \ct, Develépment Board established under s, et ceil The said section lists the various Boards why, aa Tremere aactf¥ing the area of their junen oP aF€ constituted und the Mumbai Housing and Area Development gy. tO” Thus, for instant the city of Mumbai and Suburban bal njoys jurisdicti and Area Development Board has jursdiey t“@Wise, the pon eion Satara, Sangli, Solapur and Kolhapury TIO over the ve Pune Housi © districts of Pun 1e Housing and ver : Existing Board [S. 2(14)] sara 9 short nate on t “Existing Board” means the followin | MHADA ) the Maharashtra Housing Boa, © 4" Boa . 18 Boa, rds, ny, MU. Apr. 2010 Housing Board Act, 1948; “stitute eMely, - | (b) the Vidarbha Housing Board co, Pradesh Housing Board Act, dogg stituted uy the Bombay Buildin, | 1B Repairs ang he ponstituted under the Bombay g° who fails to vacate the building or to remove his belongi therefrom within the specified period, is punishable with imprisonment upto three months or a fine upto & 5 or both. (S.78) Duties of the Board 5.76 of the Act imposes the following eight duties on the Board: 1, Toundertake and carry out structural r mate accom , occupiers of such buildings when repairs arg indie oa a building collapses, ertaken or wh 3. To undertake, from time to ti tenantable repairs in respect disposal of the Board. ime, the 4. To move the State Government to qUir, bulldings which are beyond repairs ange ® O!and dilapidat Providing alternate accommodation to the struct them aj a 5. To move the state Government to a, ecteq ccupie : ire buildings which were structurally repaime® 14 and qi but where further structural repairs eatery HP tg Sconomical, to demolish such buildings anno possi, Oh buildings after providing alternate accom’ Const, ble o} affected occupiers. mmedatignt ne 0 the THE MAHAR 6. To const accommo torrential 7. To taker dilapidate of being t human liv 8. Withthe, Developm carrying c C. Ss. 82 to 87 of seen earlier, “cess” under Chapter VIII | S. 82 provide: Government, fromt a tax on lands and Reconstruction Cess or building in ques rates are prescribe buildings. For instan by the Board, the ce the building in case value for Category Category c building This cess is to t way in which prop Corporation act. Th of the cess by an ad manner as the reco falls to pay such ce the same in the s; Fecovered, 'n all cases wh bear 10% ther °F a proportion, must wayOla lal se THE MAHARASHTRA HOUSING & DEVELOPMENT ACT, 1976 47 vacate their prem, Mise, ned bythe Authors? g, To construct transit camps to provide temporary y accommodation to persons affected by house collapse, fire, torrential rain or tempest. a 7, To take necessary action for demolition of damaged and dilapidated buildings, or portions thereof, which are not capable of being repaired at a reasonable expense, and thereby save an of the duty of such human lives. 8. With the prior approval of the Maharashtra Housing and Area Development Authority, to do all other things to facilitate the carrying out of its powers, duties and functions under the Act. horised to enter the move his belongings C. LEVY AND COLLECTION OF CESS Ss. 82 to 87 of the Act deal with the levy and collection of cess. As seen earlier, “cess” means a tax on lands and buildings levied or leviable under Chapter Vill (that is, Ss. 74 - 103) of the Act. ora fine upto & 509 tes on the Board. 5. 82 provides that there shall be levied and paid to the State we » short note on: Government, from the date notified in the Official Gazette for this purpose, f'facontrustion cers, a tax on lands and buildings called the Mumbai Building Repairs and MU. Apr 2033 Reconstruction Cess, at such percentage of the rateable value of the land or building in question as provided in Schedule II of the Act. Different rates are prescribed by the said Schedule for different types of land and ommodation to the buildings. Forinstance, in cases where a buildingis not structurally repaired undertaken orwhen __by the Board, the cess is levied at the rate of 87% of the rateable value of the building in case of Category A buildings, at the rate of 63% of such value for Category B buildings and at the rate of 39% of such value for Category C buildings. rsto buildings in such necessary, without owners or occupiers tek of ordinary and "ses placed at the This cess isto be collected by the Municipal Corporation in the same *aldand dilapidated Y2¥ !" which property tax is collected under the Mumbai Municipal Oreo Corporation Act. The Municipal Commissioner must recover the amount ofthe cess by an addition to the general tax from each person in the same manner as the recovery of general tax from such a person. If the owner fas to pay such cess, the Municipal Commissioner is entitled to recover ier NS ae Bo the same i ings att Posgpeeh Same in the same manner in which arrears of property tax are "Wd congetble or Fecovered, ommodarat new the aeuctthem after ire gg, CUI. ited eaya lagidated i Nall cases where the owner is required to pay cess as above, he m ' must bear 10% thereof, and the balance 90% can be recovered by him by ay of. : * Proportionate increase in the rent of the various premises in theLAND LAWS \RASt 48 a. THE MAHAI increase in rent is not deemed to be an Increase, ‘ ildit han lan oe oP the Maharashtra Rent Act. | (m) allopen the pul 7 from the date of recovery Of th {n) buildings ere .d of fifteen days ecg Within a perio. 4 hic oration to the State Gover, date onwt the amount isto be ane ene recovered. If the Cor Board Act, 1 it of the am after a one collecting of cess or payment thereof to the (0) ub iete ere State Government may fix a period within which, 5. 28(1) Government done, On non-compliance within this period, the (o) any buildi panes ean direct any bank in which moneys of the Corpo reconstruct Governm are deposited to transfer the required amount cee Governy and bank is bound to obey such an order. (Ss. 8: The following sixteen categories of lands and buildings are, how The term “struc exempt from cess under S. 83 of the Act, namely, — or replacement of its of a bu ildi ing it vernment or leag_ componen' (2) lands and buildings vesting in the Central Go} components of by = passages, water clos including a change ir a load-bearing wall- (c) lands and buildings vesting in or leased to the Mumbai Municig_ repairs or replacemé Corporation; (b) lands and buildings vesting in or leased to the State Govern or requisitioned by the State Government; of the Board, result (d)_ lands and buildings vesting in or leased to the Maharas! The one Housing and Area Development Authority; which are require i ing | above repairs or lands and buildings vesting in or leased to the Trustees of ; replacement of the Port of Bombay, and not used, or intended to be used, for fapaited cereelacs Purpose of profit; further damage to (f) lands and buildings leased t (e) (@) lands and buildings leased to (h) lands and buildings of any Specified by the Government When any suc by the Board, the Diplomatic or Consular Missia) the Act. in general or Special orders; ‘Cupation of the Owner; 9 Co-operative housing society) (i) i) (S. 88 authori the Board is satisf milli dangerous conditi a “esidential purposes, Tender it fit and s IY Occupi PIS 0m leave-anduticens the Board may pr Priority or urgenc used partly for one and Parth in Withoy © Socien, Was Use FS to thy the Cage it canng, ale, git larly, ne st in any or lease be void liable te t, laying of aco med as ecome in theil terms ything j other -ordet 4 THE DEVELOPMENT CONTROL REGULATIONS, 1991 The concepts of Floor Space Index (FSI), Transfer of Development Rights (TOR) and heritage buildings and precincts are contained in the Development Control Regulations for Greater Bombay, 1991 (referred to in this Chapter as the DC Regulations) and are briefly discussed in this Chapter under the following heads: A. Floor Space Index (FSI) 8, Transfer of Development Rights (TDR) CC. Heritage buildings and precincts. A. FLOOR SPACE INDEX (FS!) Floor Space Index (FSI) or Floor Area Ratio (FAR) is a formula which indicates the availability of the total area for construction purposes on a particular plot of land. It is thus a measure of the intensity of the site being developed. The greater the FSI, the greater can be the construction on a given piece of land. The concept of FSI is very useful to public authorities to limit the amount of construction in a given city or a part of acity. In the United Kingdom, the terms “Plot Ratio” and “Site Ratio” are used to indicate the same concept, whereas Australia prefers the term “Floor Space Ratio”. Regulation 2(42) of the DC Regulations defines FSI as “the ratio of the combined gross floor area of all floors (except areas specifically exempted under the Regulations, as for instance, passages, staircases, chimneys, lift-rooms, lift-wells, etc.) to the total area of the plot. Thus, - Total area on all floors Plot area In other words, if the total carpet area of all the floors of the building is divided by the area of the land on which the building is built, the resulting figure is the FSI of that plot of land. FS/ is thus the ratio between the allowed built up area of a building and the area of the plot on which it stands. Fsi= What is the formula to calculate FSI? (2 marks) M.U. Apr. 2010 Nov. 2017 What is Ft calculated? (2 marks) MU. Nov. 2013LAND Laws 56 Thus, ifthe government has fted an FSI of 1.0 for @ partic, oy what 1 Hone Sore easuring 100 59. meters, the builder can build only 100 5a, metee ee won 211 Hien up area on that plot. Similarly, an FSI of 2.0 would indicate that ty total floor area of a building can be two times the area of the Plot og which its built (as is the case in multi-storied buildings), Itthus becomes clear that the higher the FSI, the greater {s the bui Mindioe yparea avaiable for that plot Whereas most cies in India have increas MU. Apr 2036 the F5l over a period of years, in Mumbai, the FSI has actually gone down from 3.5 to 1.33 over the past few years. Many other cities in the country have abandoned the concept of FSI and have implemented “coverage laws”. The maximum permissible Tabular Form in Regulation 32 in the Island City of Mumbai, t prescribed for the suburbs and le Floor Space Indices are laid down in 3 Of the DC Regulations. Thus, for instance, he FSI is 1.33, whereas different FSis are the extended suburbs of the city Regulation 33 provides for addit like construction of educational a buildings of the government, itable trusts, Additional FSI are more than 100 years old a itional FSI in certain circumstances ind medical institutions and i Public authorities and regist. 's also available for pubic Iibr ind fall under Class A of Rul institutional fered public raries which le 10 of the to 4star hotels and an FSI of 5.0 to 5-star hotels, In one case, a housing society made legal constructions in violation OF FSI to the extent of more than 24,000 Passed an order of der a > 8 & 5 8 TH! transfer ich, in cert smraroted fror land in the for use on some | which he can Under tt surrender a p: construction « purpose of TD parts of acity Where ai ‘on the surren: by the approg Right in the f him. For insta Park in the ci the park at t Sovernment \ “duivalent ar, Sullder for th TOR thus wPatea to the wirendered t Somenstances itutional d public es Which 0 of the tels, an Sof 4.0 iolation strator ld that agrant served ing of of the ate of cres. and king ) be THE DEVELOPMENT CONTROL, REGULATIONS, 1991 57 Total area of all the flats (in sq. feet) : (100 x 800) + (200 x 1200) + (400 x 1400) = 8,80,000 sq, feet Total area of the plot (in sq. feet) 5 x 43,560 = 2,17,800 sq. feet 8,80,000 2,17,800 B. TRANSFER OF DEVELOPMENT RIGHTS (TDR) Transfer of Development Rights (TDR) is an interesting concept under which, in certain cases, the development Potential of a plot of land is separated from the land itself and is made available to the owner of the land in the form of a Development Rights Certificate (DRC) which he can use on some other plot of land (generally, in a less developed area) or which he can transfer to another person for a consideration. Under the TDR policy, builders are compensated in kind if they surrender a part of their land to the government for public purposes like construction of a park, widening of a road or slum rehabilitation. The purpose of TOR is to shift building activities from intensively developed Parts of a city to moderately or sparsely developed parts thereof. Where an owner or a lessee also develops or constructs the amenity on the surrendered plot at his own cost subject to stipulations provided by the appropriate authority, he may be granted a further Development Right in the form of FS! equivalent to the area of construction done by him. For instance, if a certain piece of property has been designated as a Park in the city’s Master Plan and the owner of that property develops the park at his expense and hands it over to the government, the Bovernment will issue him with a DRC which allows him to build on an €quivalent area in the suburbs of the city - or sell the DRC to another builder for the same purpose. TOR thus means making available a certain amount of additional built UP area to the owner of a piece of land in lieu of the area relinquished or surrendered by him, so that he can use that extra built up area himself on Some other plot of land or transfer it to another person for an agreed sum of money. The purpose of TOR is to minimize the time required for the Process of acquisition of land in urban areas for public purposes like fonstruction of playgrounds and parks, widening of roads, etc. It is “stimated that the TDR policy has resulted in the additional construction °F approximately 48,00,000 sq. meters in the city of Mumbai. What is the full form of ‘TOR? (2 marks) MU. Nov. 2010 What is TOR? (2 marks) MU. Nov. 2016 May 2017 Write short note on FSi ‘and TOR, MU. Apr. 2036LAND LAWS The Transfer of Development Rights is regulated in Mumbaiy Regulation 34 and Appendix Vil of the DC Regulations. Under the said Regulations, in Mumbai, DRCs can originate, th tis, be issued, in any part of the city. However, they can be used: = on any plot in the same Ward as that in which they hay originated or - on any plot lying to the north of the plot in which they hay originated. However, in both cases (above), they cannot be used in the Island city of Mumbai. Appendix Vil of the DC Rules also contains a list of areas where 2 ORC cannot be used, as for instance, - areas where the permissible FSI is less than 1.0; Coastal areas and areas in the No Development Zone; areas in the Tourism Development Zone, etc. Under te rules contained in Appendix VII, DRCs are to be issued by the Commissioner himself, and must state, in words and figures, the FSI feditin square meters ofthe built up area to which the owner is entitled, the zones in which the Development Right: which they can be used. The TDi listed in the said Appendix. mad holder, """ce bY The concepts ofFsland TOR are also relevant un r der the Mah, Regional and Town Planning Act, and have also ene Chapter 2} been discussed briefiy stor rie’ nist anning mperitage preci hertage buildin places. provisions precincts may t + Node orad of bu the v preci the ( + Ingi nco Heri Gov is ay Com + Ase the req as | and of t mus Con Wit con thenb; ai by that Y have ¥ have city of here a ied by he FSI itled, as in ions > the valid red. son, the ew rns rhe by tra THE DEVELOPMENT CONTROL, REGULATIONS, 1991, 59 C. HERITAGE BUILDINGS AND PRECINCTS Under Regulation 67 of the DC Regulations, the expression buildings and precincts” refers to listed buildings, areas structures and precincts which are of historical or aest architectural or cultural value, or any combination thereot “heritage artifacts, hetical or Under the Maharashtra Regional and Town Planning Act, 1966, a “heritage building” means a building possessing architectural, aesthetic, historical or cultural values, and which is declared as a heritage building by the Planning Authority in whose jurisdiction such a building is situated. “Heritage precinct’, under the said Act, means an area comprising a heritage building or heritage buildings and the precincts thereof or related places. Provisions of the DC Regulations relating to such buildings and precincts may be summarised as under: + No development or redevelopment or engineering operations or additions, alterations, repairs, renovations (including painting of buildings), replacements of special features or demolition of the whole or any part thereof or plastering such buildings or precincts can be done without the prior written permission of the Commissioner. + Ingiving his permission (as above), the Commissioner must act. in consultation with or on the advice of a committee called the Heritage Conservation Committee to be appointed by the State Government. However, in exceptional cases, the Commissioner is authorised to overrule the recommendation of the said Committee for reasons to be recorded by him in writing, + As regards religious buildings in the list of heritage buildings, the changes, repairs, additions, alterations and renovations required on religious grounds are to be treated as permissible, as long as they are in accordance with the original structure and architecture, designs, aesthetics and other special features of the building. However, in such cases also, the Commissioner must take into consideration the recommendations of the said Committee before arriving at a decision + With the approval of the State Government and after consultation with the above Committee, the Commissioner has the power to alter, modify or relax any of the provisions of theClassification of hi LAND LAWS lations if the same is needed for Conservation, oe matin, or retention of heritage buildings or precincts, preserva i fications or relaxations of ty, Se reat raion oe al eee or lessees of such buildings or precincts, the ‘owners or lessees and also to the members of the public. Buildings which are included in the ‘Listed Heritage Precincts must maintain the skyline in the precinct as is existing in the surrounding area, so as not to diminish or destroy the value and beauty of the heritage buildings or precincts. ge buildings and precincts and permissible alterations The DC Regulations have classified heritage buildings and precincts into three categories as under: + Grade | comprises of buildings and precincts of national or historical importance, embodying excellence in architectural style, design, technology and material usage. No intervention is Permitted in Grade | buildings, either on the exterior or in the interior, unless itis necessary in the interests of stre Qnd prolonging the life of the buildi or features thereof. Moreover, OF precincts is to be regulated to © Brandeur of, or the vie the Grade | building or precinct. ews from, ‘ngthening Grade Ill comprises of by Important for the townsca Pe. These are structuns 0 s architectural, aesthetic or sociologi woot evoke Much as thos‘THE DEVELOPMENT CONTROL, REGULATIONS, 1991 6 *3tion, are representative of the life-style of a particular community or — religion. In the case of such buildings and precincts, external OF the ‘and internal changes are generally allowed. Such changes can Ue los. include extensions and additional buildings in the same plot or tS, the compound, provided such an extension or additional buildings to such in harmony with, and does not detract from, the existing ic. heritage building or precinct, especially in terms of height or facade. Qo0g0 issible ecinets nal or >ctural ition is in the hening y part areas ted to from, are of ctural order ade Il ternal anges h are evoke not as wever, "and Ti '5 THE MAHARASHTRA AGRICULTURA, LANDS (CEILING ON HOLDINGS) Act, 1961 The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1964, is discussed in this Chapter under the following heads: A. _ Introductory and Definitions B. Ceiling on holdings C. Restrictions on transfer, acquisition and partition D. Surplus land : Enquiry and declaration by Collector E. Exempted lands. A. INTRODUCTORY AND DEFINITIONS Introductory ‘The Maharashtra Agricultural Lands (Ceiling on Holdings) Act was Passed in 1961, inter alia, for giving effect to the Directive Principles of State Policy contained in the Constitution of India, and In Particular, clauses (b) and (c) of Art. 39, namely, to provide (i) that the ownership and control of resources of the community are so distributed as best to subserve the common good and (ii) that the operation of the economic system does not result in the concentration of wealth and me: ‘ans of agricultural Production to the common detriment. The two main objects of the Act, as reflected in its Preamble, are: + to impose a maximum limit or ceilin, 1g on the holding of agricultural land in Maharashtra; and ‘+ toprovide for the acquisition of land held in excess of such ceiling limits and for its distribution to landless and other persone The Act applies to the whole of Maharashtra and came into effect on January 26, 1962. Definitions S. 2 of the Act contains definitions of sever ral words and expressions used in the Act, and these definitions apply unl less the context otherwise [Ra loppings cultivatic is the tr Mahara: ‘Ag The The Mac Word “a, the ope (1915) 3 Acc Somethi '3N4, ¢o Bombaywas s of Ises trol the oes iral ing ect ns ise ‘THE MAHARASHTRA AGRICULTURAL LANDS ACT 63 requires. It is also provided that words and expressions used in the Act, put not defined therein, shall have the same meanings as are assigned to them in the Maharashtra Land Revenue Code, 1966. The most important of these definitions have been discussed below. For other definitions, a reference may be made to the Appendix to this book Agriculture [S. 2(1)] The word “agriculture” is defined to include: - horticulture, - the raising of crops, grass, garden produce or singhare (tropa bispinosa), = the use, by an agriculturist, of the land held by him (or a part thereof) for grazing; = the use of any land (whether or not an appendage to rice or paddy land) for the purpose of rab manure, - dairy farming; = poultry farming; and - breeding of livestock. [Rab manure is produced by burning layers of cow-dung, tree- loppings, leaves and grass. The resulting ash is used as manure for cultivation. This local method of rice cultivation, known as rab cultivation is the traditional device of manure production in the Konkan Region of Maharashtra.) “Agriculture” does not, however, include the cutting of wood only. The dictionary meaning of agriculture is the cultivation of the soil. The Madras High Court has observed that the ordinary meaning of the word “agriculture” isthe raising of annual or periodical grain crops through the operation of ploughing, sowing, etc. (Raja Ventatagiri v. A. Reddi, (1915) 38 Mad. 739) According to the Bombay High Court, any operation which has something to do with land, any operation which helps the land to yield fruits or crops, any operation which improves the natural produce of the land, comes within the expression “agriculture”. (N. G. Desai v. State of Bombay, (1954) 57 BLR 199) 2 short note on : M.U. April 2010 Define Agriculture. (2 marks) M.U. May 2017 June 2018 Now. 2018oO LAND LAWS 64 fo cultivate personally rortnteon:To Agricutturist : To cultivate : ‘attra [ss. 2(3), 218) & 2(9)] a An “ggriculturist” meal ousan agian” 5, 2(3)] mee fate” means to till or husband the land for thy o erm “to cultiv mu. ae ourposeot raising or improving agricultural produce (whether a nov 2032 Pur or by means of cattle or machinery) or to carry on any agricutug we ais operation thereon. Itis also clarified that if a person enters into a contrag to cut grass on any land, he shall not, only on that account, be deemedts Sah o vas) cultivate such land. {s. 2(8)] ns a person who cultivates land persongy Mv. Ap 2012 The expression “to cultivate personally” has also been defined i Nov.2013 s_2(9) of the Act. It means cultivating land on a person’s own account- Explain the — term (i) by one’s own labour, or Seutoate”. (2 mars) . ‘MU. Nov. 2013 (ii) by the labour of any member of one’s family, or (iii). by hired labour or by servants, on wages payable in cash or kind (but notin crop share) under the personal supervision of himself or any member of his family Itis clarified that a person under disability shall be deemed to cultivate land ‘personally if such land is cultivated through his servants or by hired labour. As per S. 2(23), a ‘person under disability’ means - (2) awidow, or (b) aminor, or (@)_ awoman whois unmarried or, if married, is divorced or judicially Separated from her husband or whose husband is @ serving member of the Armed Forces or who falls under clause (4) below, or : (4) @ person who, by reason of some mental or isincapable of cultivating land either by perso supervision, and includes a ‘serving member of physical disability, nal labour or under f the Armed Forces. ; In the case of a joint family, the land shall be deemed to be a Personally if itis cultivated by any member of such a family, ated ‘What is the “commence: i a sm Meclae day [S. 2(4)] and commencement date [S. 2(6A)] nar ‘or the purposes of the Act, the “ ‘Mv, Nov 2010 Aeezoia the Act came into force, namely, ‘appointed day” is the day on January 26, 1962, Which a“f namely, To hold | "tc Owner o Land [s, Th , fo (a) (b (c) (q Useg.ON pl i THE MAHARASHTRA AGRICULTURAL LANDS ACT 6s p itis important not to confuse this date with the commencement date”, "Sony whichis the date on which the 1975 Amendment came into force, namely, 4 October 2, 1975. Nd fo, Dy ger Famiy 8.2111 sricuin’ The term “family”, as used in the Act, includes a Hindu undivided «plain the term "family" scales family. Inthe case of other persons, group or unit it includes the members Chee 7 Nttay thereof who, by custom or usage, are joint in estate, possession or MU. April 2010 Med, residence. - The Supreme Court has held that the expression “Hindu undivided fined), family” would include a Hindu coparcenary as well as an ordinary Hindu CCOunt.. Joint family, where there are no coparceners. {State of Maharashtra v. N. . Deshmukh, 1985 Maharashtra L. J. 558) Family unit (S. 2(11-A) & S. 4] h orking A “family unit” means a family unit as defined in S. 4 of the Act, Write a short note on Family unit under the fhimsef namely, MAL Act. = a person and his spouse (or more than one spouse) and their MU. Now 2011 cultivel minor sons and minor unmarried daughters, if any; or ‘ape. 2012 Now. 2013 by hired - where any spouse is dead, the surviving spouse or spouses and the minor sons and minor unmarried daughters; or What is 2 “family unit” : under the Maharashtra - where the spouses are dead, the minor sons and unmarried xgreuturl tncs Pe daughters of the deceased spouses. (2 marks) M.U. Ape 2018 b To hold idiciall eee BG Which are the lands to serving “To hold land” means to be lawfully in actual possession of land as _ which the MAL Aci a applicable? ise (Ah er o as tenant. a on it Land [S. 2(16)] ability: inde The word “land” means land which is used, or is capable of being Forces used, for purposes of agriculture, and includes: ed (a) the sites of farm buildings on, or appurtenant to, such land; vat (b) land on wi h grass grows naturally; (c)__ trees and standing crops on such land; (d) canals, channels, wells, pipes or reservoirs or other works which constructed or maintained on such land for the supply or storage of water for the purpose of agriculture;What is exempted land? (2 marks) MU. Nov. 2012 85 person? (2 marks) MU. Now. 2013 May 2017, June 2018 Nov. 2019, mbankments, bandharas or any other w, land, or constructed or maintained there, drainage works, € appurtenant to suc! for the purposes of agriculture; all structures and permanent fixtures on such land, ¥ High Court has held that an artificial tank construc by the holder of land can be considered as forming part of the land in, a natural reservoir or a natural tay cannot be construed as forming part of his total land holding. (Bhagyashre, Raje v. State of Maharashtra, AIR 2006 Bom 645) possession or occupation. However, Exempted land [S. 2(10)] “Exempted land” means land exempted from the provisions of the Act under S.47 thereof. The said section lays down certain categories of land which are exempted from the provisions of the Act, as for instance, land held by the Government, land held by a bank or a cooperative society as security for recovery of its dues, etc. {This is discussed at greater length later in the Chapter.) Person [S. 2 (11)] For the purposes of the Act, the word “person” i i sein Person” includes a family (as Landless person [S. 2(17)] Tenant and landlord [S. 2(30)] A“tenant” means a Berson who is deemed to Person who holds lan and includes a Joint farmit Ajoir deemed to relating to’ jointly cultTT 4 _. rks on ed his ee re er ‘THE MAHARASHTRA AGRICULTURAL LANDS ACT 67 collector [S- 2(6)) the term ‘Collector’ has been defined to include an Additional colector, an Assistant Collector or a Deputy Collector, exercisn ‘he sewers or cscharging the duties of a Collector under the Maharashtra qand Revenue Code, 1966. shtra the term also includes any other officer not below the rank of an assistant or Deputy Collector, especially empowered by the State Government to exercise the powers and perform the functions of the Collector by or under the Act. Farming society [S. 2(12)] ‘A “farming society” means a society which is registered, or deemed tobe registered as such, under any law for the time being in force relating to the registration of co-operative societies. Joint farming society [S. 2(15) ‘A “Joint farming society” means a joint farming society registered or deemed to be registered as such under any law for the time being in force relating to the registration of co-operative societies, the members of which jointly cultivate the land held by the members or by the society. B. CEILING ON HOLDINGS Sections 3 to 7 of the Act deal with ceiling area of land and surplus land. As seen above, the word “land”, as defined in the Act refers to land which is used, or is capable of being used, for the purposes of agriculture (A reference may be made to the definition of the terms “land” and “agriculture”, above.) subject to the other provisions of the S.3 of the Act declares that, Act, no person or family unit (as defined above) shall after October 2, determined in the manner 1975, hold land in excess of the ceiling area as provided in the Act. “Exempted land’ (also defined above) can, of course, be held by a person or a family unit to any extent. The provisions of the Act dealing with ceiling area and surplus land can be summarised as follows: 1. The First Schedule of the Act lay: the 27 districts and talukas in the St ceiling areas have been listed for di s down the ceiling areas for all ate of Maharashtra. Separate ferent classes of land. Thus, What is 2 farming society? (2 marks) Mv. April 2013, ‘What is a joint farming soclety under the MAL et? (marks) MU, Nov. 2012 Explain classification and celling ateas under the MAL Act. MU. Nov. 2013 Nov. 2083LAND LAWS for instance, in the district of Nashik, for land with an assy . supply for irrigation of land which is capable of ygi serve crops ina year, the ceiling area has been fixed any acres In the same district, in respect of land whichis ini seasonally by flow irrigation from any source, the ceiling ary, 36 acres. For dry crop land in Nashik, the ceiling area is fig, 54 acres, and so on. Thus, different ceiling limits apply, different districts and talukas and to different classes of land, the same district or taluka. If a person or a family unit holds land of only one class, te ceiling area for that person or family unit will be the ceiling ara for that class of land as laid down in the First Schedule. If, however, a person or a family unit holds different classes land, the ceiling area is to be calculated as per the formula lait down in S. 5(3) of the Act. An exemption is made in respect of a family unit of more thar five persons. In such cases, the family unit is entitled to holé land exceeding the ceiling area to the extent of ‘one-tenth of the ceiling area for each member in excess of five. However, the total holding of the famil 'y unit cannot exceed twice the ceiling area. (S. 6) As regards persons and famik ly units holding b and other land (that is, 18 both ex non-exempted land), — noe Of the exempted land is less than the ceiling ©2, he or itis entitled to hold o1 (tat pone nly So much of the other ted) land, as together wi , ith th of the exempted land, equals the ceiling limit; and aie empted land » the person or th; transfer any under the A The we purposes of = 8 - g onan assure, 3) of yieldin, fixed at 1g s irrigate ling areaig is Fixed at 5 apply to sof land in class, the eiling area le. classes of mula laid more than ed to hold etenth of However, twice the ipted land he ceiling the other re area of nit is not d) land. 18 acres. acres of Nland, he iso to be son oF 3 s of land olding of {THE MAHARASHTRA AGRICULTURAL LANDS act 6 hat family unit exceeds the cei not ceiling area, the lan hat es pall deemed to be surplus land with effect from: the a oft he oeton and accordingly, the provisions of the Act apply to s oF “ uch a polit _sesTHICTIONS ON TRANSFER, ACQUISITION AND PARTITION sections 8 10 A1-A In Chapter Ill of the Act deal with restrictions imposed by the ACT ON transfers, acquisitions and partitions and the ioe veces of contravention ofthese provisions under. 8 of the Act, ifa person or a family unit holds land n excess rea on or after 2nd October, 1975, such person or any af the ceiling 2 aifoe of te family nit is not allowed, on and after the sad date, to ese any land until the land in excess ofthe celling area is determined under the Act. ‘the word “transfer” has been given a very broad meaning for the upozes ofS. and is deemed to include the followin - sale - ift - mortgage with possession exchange = lease = assignment of land for maintenance surrender of a tenancy + resumption of land by a landlord, or - anyother disposition, Fld by act of parties inter vivos or by a de trbunal or other authority. Theterm “transfer” does not, however, include: a transfer by way of sale or otherwise of | of and revenue or sums recoverable as arte: or an acquisition of land for a public purpose under an _ the time being in force tty re lt etetion is imposed by S. 9 of tl 255 of the ceiling area. It is provi yy aw for What are the restrictions \ ontranser of agrcutural land under Chl ofthe MAL Act? (MU, Nov. 2032 Nov. 2015 scree or order of a land for the recovery jars of land revenue; he Act on the acquisition ded that no person oF 2—_—_ — LAND LAWS ” 2, 1975, acqui it shall, on or after October 2, 1975, acquirg ty of le member of a family a any land if he or the family unit, as the cay (as! transfer (as defined abo sure may be, — f the ceiling area, or - already holds land in excess of , irre lan i together with the land alreg, - ifthe land to be acquired would, tog 7 sep held, exceed the ceiling area. pro Thus, S.9 contemplates two possibilities. ed if i a a def family unit already holds land which is more than the ceiling area, he ( pur it) cannot acquire any more land. Secondly, even if the land currently helg is below the ceiling area, no new land can be acquired if the aggregate of by such new land and the land already held would exceed the ceiling area. cou It is also expressly declared that if any land is acquired in willful contravention of S. 9 (above), then, asa penalty, the right, title and interest Oc of that person of the family unit or any member thereof, as the case may (a), be, in the land so acquired is to be forfeited and the same would vest in fan the State Government without any further assurance. (S. 10) to In order to provide an effective check on transfers and acquisitions acc bale saa) be made to avoid the object of the Act or to defeat its ions, S. 10 lays down the consequences which transfer or acquisition as follows: yah flow from sucka D. 1. fanylandis ti land's transferred in contravention of the provisions ofS. Su fur Pa retgpa es lle re by Cag Cady r the © (or hela te of ful rest may st in ons its ofS. hat nto and pa- of er ide be he 1S. on ing jon ‘THE MAHARASHTRA AGRICULTURAL LANDS ACT mn oflaw, the total area of the land held by such a person or the family unit {as the case may be) which exceeds the ceiling area is to be regarded as surplus land. similar presumption has also been made as regards a partition of land held by a family. S. 11 lays down that if such a partition is made after September 26, 1970, such a partition is deemed - unless the contrary is proved - to have been made in anticipation of or in order to avoid or defeat the object of the 1972 Amendment and is to be ignored for the purpose of calculating the surplus land. The provisions of S. 11 (above) cover not only a division of land made by parties inter vivos, but also a partition made by a decree or order of a court, tribunal or other authority. Moreover, if any land held by a person or a family unit is, after 2nd October 2,1975, converted into any other class of land described in clauses {a), (b) or (c) S. 2(5) of the Act, and thereby the holding of such a person or family unit exceeds the ceiling area, the land which is soin excess is deemed to be surplus land with effect from the date of the conversion, and accordingly, the provisions of the Act apply to such a holding. (S. 11-A) D, SURPLUS LAND : ENQUIRY AND DECLARATION BY COLLECTOR 5, 12 of the Act provides that if any person or family unit - (a) has, after September 26, 1970, but before October 2, 1975, held, or (b) on or after October 2, 1975, acquires, holds or comes into possession of any land (including exempted land) which is in excess of the ceiling area, or (c)_ whose land is converted into another class of land in circum- stances referred to in S. 11-A (above), such person or any member of the family unit, as the case may be, must furnish to the Collector, a return in the prescribed form, containing Particulars of all the land held by such a person or family unit. Such 2 return must be filed: + within one month from October 2,1975, in cases falling under clause (a) above; ~ within one month from the date of taking possession of any land in excess of the ceiling area, in cases under clause (b) above; and Explain surplus land. (2 marks) MU. Ape. 2022 }n LAND LAWS within three months of the date of conversion in cases falling under clause (c) above. In the case of a minor or a lunatic, such a return can be furnishe his guardian. Incase of any person under a disability, the return can be filed by his authorised agent. If any person or a member of a family ung whois required to furnish a return dies, then such a return can be filed by his heir or by any other member of the family unit, as the case may be, The State Government can extend the above time limits for furnishi returns by an order published in the Official Gazette. (S. 12A) lf any person or a member of a family unit required as above to filea return - (a) fails to do so within the prescribed period without reasonable cause, or {b) furnishes a return which he knows, or has reason to believe, to be false, — he becomes liable to pa under (a) above, anda above. (S. 13) 'y@ penalty of not more than & 100 in cases falling Penalty of not more than & 500 in cases under (b) (c (c (e (f (e (t (i) (k (\) (nee dei Sd falling hed by can be 'y unj ited be 'Y be. nishing Ofile a onable ve, to falling fer (b) quiry. Dove), sis of erson um of cause laces sbmit te of older land, nthe tice. nust, esent r the (a) {b) () (a) (e) (e) (h) (i) O (k) (m) ‘THE MAHARASHTRA AGRICULTURAL LANDS ACT B the total area of the land which was held by the hold September 26, 1970; paces whether any land transferred between September 26, 1970 and October 2,1975, or any land partitioned after September 26, 1970, should be considered or ignored in calculating the ceiling, area; whether the holder has any share in the land held by a family or held or operated by a co-operative society or held jointly with others or held as a partner in a firm, and if so, the extent of such a share; the total area of the land held by the holder on October 2, 1975; whether any transfer or partition of the land was made by the holder in contravention of the provisions of this Act, and whether such transferred or partitioned land should be considered or ignored when calculating the ceiling area; whether any land has been acquired or possessed on or after October 2, 1975 by transfer or partition; whether any land has been acquired on or after October 2, 1975 by testamentary disposition, devolution on death or by operation of law; the total area of land held at the time of the inquiry and the area of the land which the holder is entitled to hold; whether any land is held by the holder as tenant, and if so, whether his landlord has a subsisting right of resumption of the land for personal cultivation under the applicable tenancy laws; der is to be forfeited to the whether any land held by the hol f the Act or is to be deemed. government under ‘the provisions of to be surplus land under the Act; whether the proposed retention of land by the holder is in conformity with S. 16 of the Act; which particular lands of the total land held by the holder should be delimited as “surplus land”; and which, in the opinion of the Collect pose of calculating the any other matter or, is necessary to be considered for the purr ceiling area and delimiting any surplus land.‘Analyse the declaration made by the Collector under the MAL Act. (MU. Apr. 2011, LAND LAWS 4 idered all the above matters, he the Collector has considered all t hg nae declaration stating therein his decision on the following * mal matters: : 1. The total area of the land which the person or family Unit i "entitled to hold as the ceiling area. 2. The total area of land which is in excess of the ceiling area, 3. The name of the landlord to whom possession of land is tg restored under S. 19 of the Act and the area and Particulars of such land. 4. The area, description and full particulars of the land which is delimited as surplus land. 5. The area and particulars of land out of the surplus land in respec. of which the right, title and in holding it is to be forfeited t The declaration, as above, isto b holder of the land and other persone present at the tir terest of the person or family unit 'o the State Government, ¢ announced in the presence of the interested in the land and who are ime of the declaration, After the declaration is Made, the (A chawdi is a place Ordinarily transaction of the business of the villa Claration, the right, title ited Stands forfeited to ch di ve! an ca lar lar de ca Ste cei car are Ac ex In| wh\ ea, to be lars of ich ig spect y unit of the O are », the etails nited state or at copy unit the ‘THE MAHARASHTRA AGRICULTURAL LANDS ACT 6 vests in the State Government free from all encumbrances and without ny further assurance. ‘An appeal can be filed against any declaration made by the Collector under the Act (as above) before the Maharashtra Revenue Tribunal under §, 33 of the Act. A revision petition can also be filed before the State Government under S. 45 of the Act. Subject to being modified in appeal or revision, the declaration of the Collector is final and conclusive and cannot be questioned in any suit or proceeding in any court. It has been held that, when deciding “surplus holding’, only such land as is in the actual possession of a person - whether as owner or jandlord or tenant - can be taken as the holding of that person. Thus, devasthan inam lands, of which a person is wahiwatdar (thatis, manager), cannot be included in calculating that person’s holding, (Smt. Bukhari v. ‘state of Maharashtra, AIR 2009 Bom 512) £. EXEMPTED LANDS As seen earlier, the main abject of the Act is to impose a limit or ceiling on the holding of agricultural land in Maharashtra, However, land can be exempted from the operation of the Act in two ways. Firstly, there are eight categories of land which enjoy an exemption under S. 47 of the Act itself, Secondly, there are five categories of land which may be exempted by the State Government by an order to that effectin the Official Gazette. ‘The eight types of land exempt under S. 47 of the Act are listed below. In other words, the following are eight categories of exempted lands to which the provisions of the Act do not apply: (a) land held by the Central or a State Government (b) land held by a corporation (including a company) owned or controlled by the Central or a State Government; (c) land belonging to, or held on alease from or bya local authority; (a) land belonging to, or held on a lease from or by or a University established by law in Maharashtra; (e)_ land belonging to, or held on a lease from or by an. agricultural college or school or any institution doing research in agriculture and approved by the State Government (f) land held by regimental farms and approved b\ Government in the prescribed manner: y the State write a short note on = Exempted lands. MU. Ape. 2012 Nov. 2012 Nov. 2026Le LAND LAWS 76 lopment Bank or the Central ased by the Land Devel , ; i () aoa Bank ora Primary Co-operative Society before Augie 4, 1959; and ; (h) land held by a bank or a co-operative society as security forthe recovery of its dues. It is clarified that if, at any time, any such land bie to answer the above description, it loses the exemption and the provisions of the Act apply to such land, In addition to the above, the State Government may, after due inquiry, by order in the Official Gazette, exempt from the provisions of the Act, any of the following five types of lands on such terms and conditions as may be specified in the order, namely, — (0) land held before September 26, 1970, by a public trust ora wakf, the major portion of the income of the land which is being appropriated for the purpose of education or medical relief or both; (ii) land held before the said date by an public tr t or wakf for a f = y lic trust or wak IA pujrapole is an (iv) land held before the state parti pers! Act. said thet lirnit were of th also be ir were of Mjpegs os ‘THE MAHARASHTRA AGRICULTURAL LANDS ACT 7 state Government must decide the question after hearing all the interested parties, and such a decision is declared to be final by S. 47 of the Act. In one case, the point before the court was whether land held by 2 person and used for breeding cattle or sheep is exempt under S. 47 of the ‘act, Answering the question in the negative, it was held that, under the said section, such land could be given an exemption only ifit belonged to the three categories of owners referred to in the section, namely, a public limited company, a public trust or a wakf. As the petitioners in this case were individuals, they were not entitled to the exemption. Ifthe intention of the legislature was to include individuals also, the word “person” would also have been used in this clause. As the expression “stud farm” cannot be interpreted to include the activity of sheep breeding, the petitioners were held not to be covered by that clause also. (A. V. Abhyankar v. State of Maharashtra, 2007 (2) AIR Bom (NOC) 258) goog ge RN REN