LAND LAWS

Answer in 2-3 sentences

Q.1 Define Land under the Land Acquisition Act?

Ans: "land" includes benefits to arise out of land, and things attached to the earth or
permanently fastened to anything attached to the earth.

Q.2 What is engineering operation?

Ans: As per Maharashtra Regional and Town Plaining Act "engineering operations" include
the formation or laying out of a street or means of access to a road or laying out of means of
water-supply, drainage, electricity, gas or other public service.

Q.3 Define Joint family under the Bombay Tenancy and Agricultural Lands Act, 1948?

Ans: "joint family" means an undivided Hindu Family, and in case of other persons, a group
of units the members of which are by custom joint in estate or residence.

Q.4 When do land acquisition proceedings lapse?

Ans: As per Section 24(2) of the 2013 Act, where physical possession of the land has not
been taken OR compensation has not been paid for any land as per Section 11 of the 1894
Act, for 5 years or more prior to the commencement of the 2013 Act, the entire proceedings
shall be deemed to have lapsed with respect to such acquisition.

Q.5 What is Plot under MRTP Act?

Ans: As per Maharashtra Regional and Town Plaining Act, "plot" means portion of land held
in one ownership and numbered and shown as one plot in a town planning scheme.

Q.6 What does an award under land acquisition act deal with?
Ans: An award under the Land Acquisition Act of 1894 is a decision or document made by
arbitrators, commissioners, or other private or extra-judicial deciders after an argument is
presented to them. The award includes the procedure or steps taken by the Land acquisition
officer or collector before making the award.

Q.7 What is foreshore?

Ans: Foreshore means the part of a seashore between high-water and low-water marks.

Q.8 What is market value under Bombay Stamp Act 1958?

Ans: "market value", in relation to any property which is the subject matter of an instrument
means the price which such property would have fetched if sold in open market on the date of
execution of such instrument.

Q.9 What is formula to calculate FSI?

Ans: The FSI calculation is done by dividing the total built-up area on a plot of land by the
total area of the plot.

Floor Space Index = Total covered area of all floors

_______________________________

Plot area

Q.10 What does Nistar Patrak contain?

Ans: Section 162 of the MLRC 1966 deals with the matters to be provided in Nistar Patrak,
which includes:
 • The terms on which grazing of cattle in the village will be allowed;
• The terms and conditions on which any resident of the village may obtain:
1. Wood, fuel, timber or any other forest produce,
2. Murum, Kankar, sand, earth, clay, stones or any other minor minerals.

Q.11 Define Chargeable under the Maharashtra Stamp Act, 1958?

Ans: "chargeable" means, as applied to an instrument executed or first executed after the
commencement of this Act, chargeable under this Act, and as applied to any other
instruments, chargeable under the law in force in the State when such instrument was
executed or where several persons executed the instrument at different times first executed.

Q.12 Explain the meaning of Plaining Authority under the Maharashtra Region and
Twon Plaining Act, 1966?

Ans: "Planning Authority" means a local authority; and includes, -

(a) a Special Planning Authority constituted or appointed or deemed to have been appointed
under section 40;

(b) in respect of the slum rehabilitation area declared under section 3C of the Maharashtra
Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, the Slum
Rehabilitation Authority appointed under section 3A of the said Act.

Q.13 Define Administrator under Land Acquisition Act?

Ans: "Administrator" means an officer appointed for the purpose of rehabilitation and
resettlement of affected families under sub-section (1) of section 43.

Q.14 Define Agriculture under the Bombay Tenancy and Agricultural Lands Act 1948?

Ans: "agriculture" includes horticulture, the raising of crops, grass or garden produce, [the
use by an agriculturist of the land held by him or a part thereof for the grazing of his cattle,
the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rab
manure] but does not include allied pursuits, or the cutting of wood only.

Q.15 Who is a landless person under the Maharashtra Agricultural Lands (ceiling and
holding) Act, 1961?

Ans: "landless person" means a person who does not hold any land or who holds land for the
purpose of agriculture not in excess of one hectare of dry crop land (or irrigated land
proportionately converted in the manner provided in section 5) and earns his livelihood
principally by manual labour on agricultural land in either case.

Q.16 Define Superior Holder under Maharashtra Land Revenue Code, 1966?

Ans: S2 [38] Superior Holder except in chapter 14 means a land holder entitled to receive
rent or land revenue from the other land holders called inferior holders, whether he is
accountable or not for such rent or land revenue, or any part thereof, to the state government.

Q.17 Define Boundary mark?

Ans: As per Maharashtra Land Revenue Code, 1966 "boundary mark" means any erection,
whether of earth, stone or other material, and also any hedge, unploughed ridge, or strip of
ground, or other object whether natural or artificial, set up, employed, or specified by a
survey officer or revenue officer having authority in that behalf, in order to designate the
boundary of any division of land.

Q.18 Improvement under Maharashtra Land Revenue Code, 1966?

Ans: "improvement" in relation to a holding, means any work which adds materially to the
value of the holding which is suitable thereto and consistent with the purposes for which it is
held and which, if not executed on directly for its benefit or is, after execution, made directly
beneficial to it; and, subject to the foregoing provisions, includes -

(a) the construction of tanks, wells, water channels, embankments and other works for
storage, supply or distribution of water for agricultural purposes;
(b) the construction of works for the drainage of land or for the protection of land from
floods, or from erosion or other damage from water;

(c) the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land;

(d) the erection of buildings on or in the vicinity of the holding, elsewhere than in the gaothan
required for the convenient or profitable use or occupation of the holdings; and

(e) the renewal or reconstruction of any of the foregoing works, or alterations therein or
additions thereto; but does not include -

(i) temporary wells and such water-channels, embankments, levellings, enclosures or other
works, or petty alterations in, or repairs to such works, as are commonly made by cultivators
of the locality in the ordinary course of agriculture; or

(ii) any work which substantially diminishes the value of any land wherever situated, in the
occupation of any other person, whether as occupant or tenant.

Q.19 Define Cess under MHADA 1976?

Ans: "cess" means a tax on lands and buildings levied or leviable under Chapter VIII of this
Act;

Cessed buildings are those that are maintained and repaired by the Mumbai Building Repair
and Reconstruction Board of MHADA, for which tenants pay cess to the housing authority.

Q.20 Define T.D.R?

Ans: Transfers of development rights (TDR) programs are voluntary programs that allow the
owner of one property (the “sending site”) to transfer its development rights to the owner of a
second property (the “receiving site”).

Q.21 How does adjudication of stamps takes place?

Ans: The process of adjudication of stamp duty involves the evaluation of instruments by the
Collector, who determines the duty payable based on the provided abstract and evidence.
Q.22 What is the place for registration of any document as per the Registration Act,
1908?

Ans: Section 28 of the Registration Act provides that documents affecting immovable
property are mentioned under sections 17(1) and (2) and sections 17(1)(a)(b)(c) and (cc)(d)
and (e), section 17(2).

Such documents shall be brought for registration within the office of a Sub-Registrar in
whose sub-district the whole or some of the relevant property is located.

Even any additional documentation may be presented for registration in the office of the Sub-
Registrar in whose sub-district the document was executed or in the office of any other Sub-
Registrar under the State Government.

Q.23 What are the Grade II Heritage Building?

Ans: Heritage Grade II (A & B) buildings are local landmarks that have special architectural
or aesthetic merit, or cultural or historical significance.

Q.24 What is an Undeveloped area as per the Maharashtra Regional and Town Plaining
Act, 1966? MRTP Act

Ans: "undeveloped area" means an area within the jurisdiction of one or more local
authorities. which is in the opinion of the State Government in a neglected condition, or
which is being developed or is in imminent likelihood of being developed in an uncontrolled
or haphazard manner, and requires, in the public interest, to be developed in a proper and
orderly manner.

Q.25 What are the different categories of buildings under MHADA, 1976?

Ans: The Maharashtra Housing and Area Development (MHADA) Act, 1976 unifies,
consolidates, and amends laws relating to housing, repairing and reconstructing dangerous
buildings, and improving slum areas. The act also includes categories of residential buildings,
which include:
 • Category A: Buildings constructed before September 1940

• Category B: Buildings constructed between September 1, 1940 and December 31,

1950

• Category C: Buildings constructed between January 1, 1951 and September 30, 1969

Q.26 What is the Hazard Line under CRZ revised notification 2019?

Ans: The hazard line is a projection of impact due to sea level rise, and shoreline changes
over a long period of time viz. over 100 years.

Q.27 What special provisions are incorporated for Armed forces, Scientist, etc under the
Maharashtra Rent Control Act, 1999?

Ans:

Q.28 What are the duties of the Tehsildar under Maharashtra Land Revenue Code Act,
1966? MLRC

Ans: Issuing notices: Tahsildars can issue notices under Section 178 of the Code. They can
also impose costs for these notices on defaulters.

• Distraining and selling property: Tahsildars can distrain and sell the moveable
property of defaulters under Sections 179 and 180 of the Code.

• Issuing forfeiture notices: Tahsildars can issue notices of forfeiture of land.

• Collecting land revenue: Tahsildars are responsible for collecting land revenue.

• Ensuring village records are up-to-date: Tahsildars are responsible for ensuring that
the village Accountants and Revenue inspectors in their charge work efficiently and
keep the village records up-to-date.
Q.29 What is meant by social impact assessment under Land Acquisition Act?

Ans: Social impact assessment (SIA) is a process that identifies and manages the social
impacts of industrial projects, policies, plans, and programs. It can also be used to predict and
mitigate negative impacts and identify opportunities to enhance benefits for local
communities and broader society.

Q.30 Appropriate Authority under MRTP Act, 1966?

Ans: "Appropriate Authority" means any public authority on whose behalf land is designated
for a public purpose in any plan or scheme and which it is authorised to acquire.

Q.31 What is the Court under the Land Acquisition Act, 1894?

Ans: "Court" means a principal Civil Court of original jurisdiction, unless the appropriate
Government has appointed a special judicial officer within any specified local limits to
perform the functions of the Court under this Act.

Q.32 What is the meaning of Hazard Line? CRZ

Ans: The hazard line is a projection of impact due to sea level rise, and shoreline changes
over a long period of time viz. over 100 years.

Q.33 What is Wajib-ul-arz? MLRC

Ans: The Wajib-ul-arz or village administration-paper is a statement of customs respecting

rights and. liabilities in an estate. It is a record of customs in each village in regard to: the
right to irrigation, or. the right of way or other easementary right, and the right to fishing.

Q.34 Define Impressed Stamps? Bombay Stamp Act

Ans: An impressed stamp is an impression made by a franking machine or other machine, or

by estamping.
"Impressed stamp" includes, -

(i) labels affixed and impressed by the proper officer;

(ii) stamps embossed or engraved on stamped paper;

[(iii) impression by franking machine;

(iv) Receipted challan or the certificate issued under e-stamping system or any other system
as may be prescribed by rules."

Q.35 Who is landless person? MAL (C H) Act

Ans: "landless person" means a person who does not hold any land or who holds land for the
purpose of agriculture not in excess of one hectare of dry crop land and earns his livelihood
principally by manual labour on agricultural land in either case.

Q.36 Farm Building means? MLRC

Ans: "farm building" means a structure erected on land assessed or held for the purpose of
agriculture for all or any of the following purposes connected with such land or any other
land belonging to or cultivated by the holder thereof, namely:-

(a) for the storage of agricultural implements, manure or fodder;

(b) for the storage of agricultural product;

(c) for sheltering cattle;

(d) for residence of members of the family, servants or tenants of the holder; or

(e) for any other purpose which is an integral part of his cultivating arrangement.

Q.37 Warkas land means?

Ans: "warkas land" means land which is used for the purpose of rab manure in connection
with rice cultivation and is classified in the revenue record as warkas. Section 20A of
Maharashtra Tenancy and Agricultural Lands Act, 1948.
Q.38 mention two provisions of Nistar patrak? MLRC

Ans: In preparing a Nistar Patrak the Collector shall, as far as possible, make provision for -

(a) free grazing of the cattle used for agriculture;

(b) removal free of charge by the residents of the village for their bona fide domestic
consumption of any

(i) forest produce;

(ii) minor minerals;

(c) the concessions to be granted to the village craftsmen for the removal of articles specified
in clause (b) for the purpose of their craft.

Q.39 Who is an agricultural labour as per the Bombay Tenancy and Agricultural Lands
Act, 1948?

Ans: "Agricultural labourer" means a person whose principal means of livelihood is manual
labour on land.

Q.40 Who is Tenant under Maharashtra Land Revenue Code 1966?

Ans: "tenant" means a lessee, whether holding under an instrument, or under an oral
agreement.

Q.41 Who is an interested person?

Ans: As per Section 3(b) of the Land Acquisition Act, the expression "person interested"
includes all persons claiming an interest in compensation to be made on account of the
acquisition of land under the Land Acquisition Act.

Q.42 What do you mean by cultivate?

Ans: “to cultivate” with its grammatical variations and cognate expressions means to till or
husband the land for the purpose of raising or improving agricultural produce, whether by
manual labour or by means of cattle or machinery, or to carry on any agricultural operation
thereon; and the expression “uncultivated” shall be construed correspondingly.

Q.43 Define dwelling unit? Urban Land (Ceiling & Regulation) Act 1976

Ans: "dwelling unit", in relation to a building or a portion of a building, means a unit of

accommodation, in such building or portion. used solely for the purpose of residence.

Q.44 What is the meaning of farming under the Maharashtra Land Revenue Code,
1966?

Ans: lands used by an agriculturist for an occupation subsidiary or ancillary to agriculture,

such as the erection of sheds for hand-looms, poultry farming, or gardening or such other
occupations as the State Government may specify in rules made in that behalf

Q.45 Explain High Tide Line?

Ans: HTL is defined as the line on the land up to which the highest water line reaches during
the Spring Tides.

Q.46 What are the development rights under the MRTP Act 1960?

Ans: “development right” means right to carry out development or to develop the land or
building or both and shall include the transferable development right in the form of right to
utilise the Floor Space Index of land utilisable either on the remainder of the land partially
reserved for a public purpose or elsewhere, as the final Development Control Regulations in
this behalf provide.
SHORT NOTES

Q.1 Class of land under Maharashtra Agricultural Land Ceiling Act, 1961?
MAL(HOC).

Ans: The Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, limits the amount
of agricultural land an individual or family can own in the state of Maharashtra. The act aims
to reduce income inequality and promote land distribution. It does this by: Determining the
ceiling area, Calculating surplus land, Transferring surplus land to the government,
Distributing surplus land to eligible persons, and Paying compensation to the owner of the
surplus land.

Section 2(5) of the Act states about the class of land which means land falling under any one
of the following categories, that is to say:-

(a) land with an assured supply of water for irrigation and capable of yielding at least two
crops in a year, that is to say,-

(i) land irrigated seasonally as well as perennially by flow irrigation from any source
constructed or maintained by the State Government or by any Zilla Parishad or from any
other natural source of water; or

(ii) land irrigated perennially by a Government owned and managed lift from any source
constructed or maintained by the State Government or by any Zilla Parishad or from any
other natural source of water;

(b) land [other than land falling in clause (c)] which has no assured perennial supply of water
for irrigation, but has an assured supply of water for only one crop in a year, that is to say,
land irrigated-

(i) seasonally by flow irrigation from any source constructed or maintained by the State
Government or by any Zilla Parishad or from any other natural source of water; or
(ii) perennially by a lift [other than a lift referred to in item (ii) of clause (a)] from any source
constructed or maintained by the State Government or by and Zilla Parishad or from any
other natural source of water; or

(iii) perennially from a privately-owned well situated on land within the irrigable command
of any irrigation project, or in the bed of a river, stream or natural collection of water or
drainage channel (being a river, stream, natural collection of water or drainage channel which
is a perennial source of water);

(c) land irrigated seasonally by flow irrigation from any source constructed or maintained by
the State Government or by any Zilla Parishad or from any other natural source of water with
unassured water supply, that is, where supply is given under water sanctions which are
temporary, or where such sanctions are regulated on the basis of availability of water in the
storage;

(d) dry crop land, that is to say, land other than land falling under sub-clause (a), (b) or (c) of
this clause situated in the Bombay Suburban District and Districts of Thana, Kolaba,
Ratnagiri and Bhandara and in the Brahmapuri, Gadchiroli and Sironcha Talukas of the
Chandrapur District and which is under paddy cultivation for a continuous period of three
years immediately preceding the commencement date;

(e) dry crop land, that is to say, land other than land falling under sub-clause (a), (b), (c) or
(d) of this clause.

Q.2 Encroachment under MLRC, 1966? Maharashtra Land Revenue Code

Ans: Section 50 of the Maharashtra Land revenue Code deals with Encroachment on the
lands which have been vested in the hands of the State Government.

It provides that:

a) If any encroachment is being made on any land or foreshore vested in the state
government
b) If any land is being used for the purpose of hawking or selling articles without the
sanction of the concerned or competent authority.

The Collector is empowered to summarily abate or remove any such encroachment or the
articles exposed for sale to be removed. The expenses incurred for such a process can be
 recovered from the person in occupation of the land which is encroached upon or used for
hawking or selling articles.

Section 50 also imposes penalty which are as follows

1) the person who has encroached land must pay the penalty a) if the land encroached has an
assessed survey number, then the assessment will be calculated for the entire period of the
encroachment and penalty will be paid.

b) the land encroached have not given a survey number then the amount of a penalty will be
calculated on the basis of calculation of the similar land under same occupation in the
particular area

2) An additional fine ranging from Rs. 5 to Rs. 1000 if the land is used for the agriculture
purposes and fine is not exceeding Rs. 2000 for non-agricultural purpose.

3) If the person has been caught hawking or selling any articles, he is liable to pay fine not
exceeding Rs. 50 as may be determined by the collector.

The collector is also empowered by the notice to prohibit or require the abetment or removal
of any encroachment, on such lands from a date stated in such notice. If any person makes,
causes, permits or continues an encroachment after such date, he becomes liable in addition
to the fine referred above to pay an additional daily fine not exceeding Rs. 25 per day in case
if encroachment for agricultural purpose and not exceeding Rs. 50 per day in any other case.

Case Law

Babamia Shah Vs Tehsildar of Beed

As categorically stated by the Bombay High Court that the Maharashtra Land Revenue Code
1966 empowers the collector to abide and remove encroachments made on any land or
property which belongs to state government. however the collector has no power to remove
any encroachment by a private person or on a private property.

Regularization of Encroachment (Section 51 and Section 52)

A provision has also been made in Section 51 of the code for regularisation of
encroachments. If the person is guilty if encroachment is ready to pay a sum not exceeding
five times the value of the encroached land and an assessment not exceeding five times the
ordinary land revenue, then the collector may make a grant of such land to the encroachers on
such terms and conditions as may be imposed by the collector in accordance with the rule
made in this behalf. Such a person name is then to be entered in the land records. However
this cannot be done unless public notice is given of such a proposed regularisation and all
objections and suggestion have been considered by the collector. The expenses of the public
notice are to be paid by the person making the encroachment, and if not paid within
reasonable time, can be recovered from him as arrears of land revenue.

Case Law

Maharashtra Land Development Corporation vs. State of Maharashtra

The Supreme Court has observed that the principle of proportionality and the doctrine of
public trust would require that the court necessarily examines the advantages and
disadvantages of any administrative action that is challenged before it, when the
administrative power exercise a discretionary power it has always established that its decision
is balanced and in proportion to the object of the power conferred on it.

Section 52 of the code states that the property or a land which is to be sold or auctioned,
should not exceed five times of the value of the encroached land. Also it is very important to
note that to calculate the amount on market value survey number is required and if there is no
survey number than the survey number of neighbourhood land will be taken into
consideration for calculating market value of encroached land.

The collector decision with regards to the value of the land and the assessment which payable
by the encroachers it is declared to be final and conclusive.

Q.3 Authorized development as per the MRTP Act? Maharashtra Regional and Town
Plaining Act?

Ans: 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.

Any permission granted under sub-section (1) with or without conditions shall be contained
in a commencement certificate in the prescribed form. Every order granting permission
subject to conditions, or refusing permission shall state the grounds for imposing such
conditions or for such refusal. Every order under sub-section (1) shall be communicated to
the applicant in the manner prescribed by regulations.

Section 45 of the act states that 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:

The concept of deemed sanction has been mentioned above cannot be however invoked in
cases where planning authority itself could not have given any permission under the act.
Therefore it has been categorically stated by the Bombay High Court before taking any
permission or deemed sanction it must be shown that Municipal Council had the authority to
grant the sanction.

Section 46 states that The Planning Authority in considering application for permission shall
have due regard to the provisions of any draft or final plan or proposal published by means of
notice submitted or sanctioned under this Act.

Section 47 of the act states that Any applicant aggrieved by an order granting permission on
conditions or refusing permission under Section 45 may, within forty days of the date of
communication of the order to him, prefer an appeal to the State Government or to an officer
appointed by the State Government in this behalf, being an officer not below the rank of a
Deputy Secretary to Government; and such appeal shall be made in such manner and
accompanied by such fees (if any) as may be prescribed.

The State Government or the officer so appointed may, after giving a reasonable opportunity
to the appellant and the Planning Authority to be heard, by order dismiss the appeal, or allow
the appeal by granting permission unconditionally or subject to the conditions as modified.

Section 48 of the states that Every permission for development granted or deemed to be
granted under Section 45 or granted under Section 47 shall remain in force for a period of one
year [form the date of receipt of such grant], and thereafter it shall lapse: Provided that, the
Planning Authority may, on application made to it extend such period from year to year; but
such extended period shall in no case exceed three years:

Provided further that, if the development is not completed upto plinth level or where there is
no plinth, upto upper level of basement or stilt, as the case may be, within the period of one
year or extended period, under the first proviso, it shall be necessary for the applicant to make
application for fresh permission.

Q.4 Concepts of FSI & TDR under Development Control Regulation?

Ans: Floor Space Index:

Floor space index, also known as floor area ratio (FAR), is the maximum area that can be
constructed on a plot of land. It is regulated by the municipal or local authorities of the
respective State government. FSI norms are usually set based on the National Building Code.

Technically Floor Space Index (FSI) means the quotient of the ratio of the combined gross
floor area of all floors excepting areas specifically exempted under these Regulations to the
total area of the plot. In short It is the Total allowable construction area as per norms of
Approving authority.

Formula of FSI is

FSI = Total Covered area (All Floors)

Area of Plot

TOTAL COVERED AREA = FSI X PLOT AREA.

FSI is decided by the Government body there are some norms to decide FSI :

a) Current population of the city

b) Population growth
c) Infrastructure

Premium/Fungible FSI

However, if the developer wants to construct anything beyond the permissible FSI limit
and increase the built-up area, they have to purchase the space from the city authorities.
 The additional space purchased from the authorities is referred to as fungible FSI. It is
also referred to as Premium FSI.

As per the norm, the fungible FSI should not exceed more than 35 percent of the floor
area in residential properties and 20 percent of the floor area in industrial and commercial
developments. Anything beyond the purchased space is considered illegal, and the builder
can face severe consequences such as hefty fines.

Amended Fungible FSI as per the new DCR

The concept of ‘Fungible FSI’ was amended in the new Development Control
Regulations (DCR) in 2012, wherein the areas such as balcony, flower beds, terraces and
niches were included under the FSI. To compensate the builders for the loss, the
government made a provision of additional built-up space in lieu of a premium.

The premium levied is a percentage of the Ready Reckoner Rate (RRR) prevalent in that
area. For instance, residential properties attract 60 percent of the RRR as fungible FSI fee.
Similarly, the fees for industrial and commercial developments are 80 and 100 percent of
RRR, respectively.

Also, to avail the fungible FSI, it is imperative that the road adjoining the plot should be
at least 30 ft wide.

Transfer of development rights

Transfer of Development Rights is a concept where in plot of a land is separated from the
land and is made available to the owner of the land. This type of ownership is known as
development rights certificate which can be used by that owner for constructing on that
particular land. Under the TDR policy builders are given compensation on the part of land
surrendered to the government for public purposes. For illustration construction of public
gardens, widening of roads, or slum rehabilitation, the main objectives of TDR is to shift
building constructions from one builder to another so that each area is being developed
thereof. TDR is also available for addition built-up area in view of the available land on the
basis of agreed consideration amount.

The main purpose of TDR is to minimize the time required for the acquisition of the Land in
Urban Areas for carrying out the construction. Regulation 34 of Development Control Rule
regulates TDR policy.
The same can be used: -

a) On any plot in the same ward or;

b) Any plot lying to the north of the concerned plot in which land is originated.

Appendix 7 of DC Rule contains list of area In Development Right certificate cannot be used

a) Where permissible limit is 1

b) Coastal areas and area under Non-Development Zone
c) Areas under tourism department.

Q.5 Occupier under MHADA? Maharashtra Housing and Area Developing Act, 1976?

Ans: MHADA (Maharashtra Housing and Area Development Authority) is an apex public
body constituted under MHADA ACT 1976, established in 1977 under Housing Department
Government of Maharashtra and integrated the activities and functions performed by
statutory bodies to provide comprehensive, co-ordinate approach to the problems of housing.

Maharashtra Housing & Area Development Authority (MHADA) is responsible for

constructing, maintaining, and repairing buildings under their possession. These include
residential tenements, commercial complexes/buildings, educational institutions, hospitals,
etc.

MHADA is constituted with a view to providing affordable housing and other facilities for
economically weaker sections of society by taking over land from Government and
Government undertakings as well as private owners.

Development means the carrying out of building, engineering, mining or other operations in,
or over, or under, any land (including land under sea, creek, river, lake or any other water) or
the making of any material change in any building or land, and includes redevelopment and
lay-out and sub-division of any land, and also the provision of amenities and "to develop"
shall be construed accordingly.

According to Section 2(25) 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
(e) any person who is liable to pay to the owner damages for the use and occupation of
any land or building.

Case Law

Laxmibai Sethe vs. Gulabbai Bomble

It was observed that an occupier can be a person who is covered by any of the five
categories listed above. However, if a claimant is merely in joint occupation, this by itself
does not make that person a co-tenant. At best, it would be a case of permissive
occupation. If such a person cannot show that she is co-tenant, she cannot be regarded as
an occupier under the Act.

Q.6 Nistar Patrak?

Ans: Chapter X-B of the Maharashtra Land Revenue Code (Ss. 160 to 167) makes provisions
for rights in unoccupied land. Many persons may have rights in a land which is not occupied
by any person. Such rights include the right to graze cattle, right to obtain wood, timber, fuel
or any other forest produce, right to irrigation, right to fishing, right of way or any other
customary easementary right. Such rights are recorded and maintained in separate land
records.

‘Nistar’ refers to the necessities in carrying on of the business of living. Thus Nistar Patrak is
nothing but a record containing a list of all ‘nistar’ rights or certain essential rights in
unoccupied land. Nistar land is communal land. Nistar land set apart may be timber or fuel
reserve; pasture, grass, fodder reserve; burial ground and cremation ground; bazaar etc.

Preparation of Nistar Patrak (Section 161)

The Collector, in accordance with the law and regulations, prepares a document called Nistar
Patrak for managing all the unoccupied land in a village. This document covers various
aspects specified in section 162 of the Code. Before finalizing the Nistar Patrak, a draft is
published in the village. The wishes of the village residents are gathered, and based on their
feedback, the Collector finalizes the document.

Matters to be provided in Nistar Patrak (Section 162)

(a) Terms and conditions for grazing cattle in the village.

(b) Terms and conditions for residents to obtain:

• Wood, timber, fuel, or any other forest produce.

• Moram, kankar, sand, earth, clay, stones, or any other minor minerals.

• (c) General instructions regulating cattle grazing and removal of items mentioned in
paragraph (b).

• (d) Any other necessary matter that must be recorded in the Nistar Patrak as per the
law or regulations.

Publication of Nistar Patrak:- After the draft of the Nistar Patrak is prepared, it shall be
published, together with a notice in Form B inviting objections or suggestions from the
residents of the village and specifying a date (which shall be not less than 15 days after the
date of publication) on which and the place (which may be the village Chavdi or any suitable
centre in the locality) at which the objections or suggestions shall be considered. Such
publication shall be done not only in the village for which the Nistar Patrak is prepared but
also in other villages affected by it. Publication under this rule shall be done by posting
copies on the notice board of Taluka Office and at the village Chavdi concerned; and also by
beat of drum in such village.

Enquiry into objections:- On the date and at the place specified in the notice, the Collector
shall enquire into the objections or suggestions, if any, and pass orders thereon.

Decisions on objections :- After the objections or suggestions, if any, are considered and
disposed of, the Collector may make such modifications in the Nistar Patrak as he may deem
necessary in the light of his decisions on the objections and suggestions and accordingly,
finalise the Nistar Patrak.
Promulgation of final Nistar Patrak :- The final Nistar Patrak shall be read out in the
village or at suitable centres, and a copy thereof shall be kept at the village Chavdi or such
other suitable place in the village as may be fixed by the Collector.

Q.7 Time for Registration of Documents?

Ans: The Registration Act of 1908 is a legislative enactment in India that prescribes the
mandatory registration of various documents related to immovable property.

The statute sets forth significant provisions governing the registration process, including the
requirement to register certain legal instruments, appointment of Registrars to oversee
registration, payment of fees for registration, legal presumptions regarding registered
documents, and the public inspection of registered documents.

The Registration Act of 1908 was enacted with the primary objective of creating a
standardized system of registration for documents related to the transfer, lease, or mortgage
of immovable property.

The act intends to maintain the credibility and authenticity of property transactions by
making the registration of specific legal documents such as sale deeds, lease deeds, and
mortgage deeds mandatory.

Time for registration of documents

According to Section 23 of The Registration Act, 1908, all documents except a will have to
be presented for registration within 4 months from the date of execution. If a document is
executed by several persons at different times, then that document has to be presented for
registration and re-registration within 4 months from the date of each execution (Section 24
of The Registration Act, 1908).

If due to any urgency or unavoidable accident, any executed document or a copy of decree or
order is not presented within 4 months but it is presented after its expiry will be accepted for
registration provided that 10 times the amount of registration fees is paid and delay in
presentation does not exceed 4 months.

Application for such a step has to be made to Sub-Registrar who will forward such
application to the Registrar to whom he is a subordinate (Section 25 of The Registration Act,
1908). If a document is executed outside India by any or all of the parties and is presented
after expiry 4 months then it will be accepted for registration provided that it was executed
and presented for registration within 4 months after its arrival to India (Section 26 of The
Registration Act, 1908).

Case Law

In Narinder Singh Rao v. Air Vice Marshal Mahinder Singh Rao (2013) settled by Supreme
Court, the Appellant’s father wrote on a piece of paper that his wife would inherit the
property on his death. It was signed by a single witness and was not registered. After the
father’s death, his widow executed a will, transferring the entire property to only one of her
nine children. The aggrieved siblings challenged the mother’s will in court, stating that she
had not inherited the entire property because the father’s will was invalid. The argument was
accepted, stating that for a will to be valid, it must be attested by two witnesses. Besides, it
could not be held as a valid transfer of property as it was not registered under the Indian
Registration Act, 1908.

So, the Supreme Court held that the rule of succession would apply in dividing the property
as the father’s will was invalid. This case recapitulated two rules which have been clearly set
out in legislation. They are:

1. The proper attestation of wills and

2. The registration of documents.

Q.8 Prohibited Activities under the Coastal Regulation Zone? CRZ

Ans: The Coastal Regulation Zone is a zone that includes:

• The land area from the High Tide Line up to 500 meters on the landward side along
the seafront.
• The land area between the High Tide Line up to 100 meters or the width of the creek,
whichever is less on the landward side, along the tidal influenced water bodies that
are connected to the Sea.
• The land falling between the hazard line 500 meters from the High Tide line on the
landward side in the case of the sea front and between the hazard line and 100 meters
in the case of tidal influenced water body.
 • The land area between the High Tide Line and Low Tide Line also known as the
intertidal zone.
• Water and bed area between Low Tide Line and territorial water limit (12 nautical
miles) in the case of the sea.
• The water and bed area between the Low Tide Line at the bank and the Low Tide Line
on the opposite side of the bank in the case of tidal influenced water bodies.

Prohibited Activities in CRZ

• Setting up new industries and expansion of existing industries.

• Manufacture or handling of oil storage or disposal of hazardous substances.
• Setting up and expansion of fish processing units including warehouse.
• Land reclamation, bunding or distributing the natural course of sea water.
• Setting up and expansion of units or mechanism for disposal of waste and effluents
• Discharge of untreated wastes and effluents from industries, cities or towns and other
human settlements.
• Dumping of city or town wastes for the purpose of land filling.
• Port and harbour projects in high eroding stretches of the coast.
• Reclamation for commercial purpose such as shopping, housing complexes, hotels,
etc.
• Mining of sand, rocks and other sub-strata materials.
• Drawing of ground water and construction related thereto withing 200 meter of the
High Tide Line.
• Construction activities in CRZ-1
• Dressing or altering the sand dunes, hills, natural features including landscape
changes for recreation etc.
• Facilities required for patrolling and vigilance activity of marine/coastal police station

Q.9 Standard Rent?

Ans:
Q.10 Special Township Project?

Ans: Refer question no 11

Q.11 Industrial Use?

Ans: Section 63(1A) of the act provides an exception to section 63, and provides that a
person can sell agricultural land without the permission of the collector to any person whether
an agriculturist or not, if such a person intends to convert the same to a bonafide industrial
use or a special township project. This exception is available only if such land is located
within-

a) Industrial zone of a regional plan or development plan or a town planning scheme

prepared under the relevant legislation.
b) An area where no such plan or scheme exist.
c) An area taken over by a private developer for the development of special township
project.

However, if the total extent of such land proposed to be purchased exceeds ten hectares,
the prior permission of the development commissioner (industries) or an officer
authorised by the state government for this purpose must be obtained. Before such
permission is granted, such officer must consider the requirements of the reasonableness
of the requirements of the land proposed to be purchased with reference to the nature of
the proposed bonafide industrial use of land.

Such a purchase of land should also be subject to the condition that it shall be put to
industrial use within a total period of fifteen years from the date or purchase, failing
which seller of the land would have the right to re-purchase the land at the price for which
it was originally sold by him. The above provision does not, however apply to the area
notified as eco-sensitive zone by the Government of India.

An obligation is also cast on the purchaser to give an intimation to the collector of the
date of which the land was converted to a bonafide industrial use or for a special township
project, as the case maybe. Such an intimation must be given within thirty days from the
date of such conversion failing which the defaulting party is liable to pay a penalty not
 exceeding twenty times the amount of non-agricultural assessment as the collector may
direct.

Section 63(1A) also defines the term bonafide industrial use and special township project
as follows:

Bonafide Industrial use means:

a) The activity of manufacture, preservation or processing of goods or any handicraft or

industrial business or enterprises.
b) The activity of tourism within areas notified by the state government as tourist places
or hill stations.

Bonafide Industrial use also includes:

a) The construction of Industrial building used for manufacturing process or purposes, or

power projects and ancillary industrial usage like research and development, godown,
canteen, office building of the industries.
b) Providing housing accommodation to the workers of the concerned industries.
c) The establishment of an industrial estate, including a cooperative industrial estate,
service industry, cottage industry gramudyog or garamudyog vasahats.

Special Township Projects means a special township projects or project under the
regulations framed for developments of township by the government under the provision
of the Maharashtra Regional and Town Planning Act, 1966.

Q.12 Vacant Land?

Ans: Vacant Land is defined to mean land in an urban agglomeration which is not mainly
used for the purpose of agriculture.

The term vacant land does not, however include.

a) Any land on which construction of building is not permissible under the building
regulations in force in that area.
b) In an area where there are building regulations – the land occupied by any building
which has been constructed before or is being constructed on the appointed day with
approval of the appropriate authority, including the land appurtenant to such building.
c) In an area where there are no building regulations – the land occupied by any building
which has been constructed before or is being constructed on the appointed day,
including the land appurtenant to such a building.

It is also clarified that if any person ordinarily keeps his cattle other than for purposes of
dairy farming or breeding of livestock, on any land situated in a village within an urban
agglomeration, then so much of the land as is ordinarily used for keeping such cattle
immediately before the appointed day, is not deemed to be vacant land.

Ceiling on vacant land

Under section 3 of the act, on and from the commencement of this act, no person can hold
vacant land in excess of the ceiling limits specified in section 4 of the act. The excess
vacant land can be acquired by the state government by following the procedure laid
down in the act and on payment of compensation as provided in section 11 of the Act.

The ceiling limits of vacant land is laid down in section 4 of the act as follows:

a) Where the vacant land is situated in an urban agglomeration falling within category of
A in schedule I of the Act, the ceiling limits is 500 square meters.
b) Where the vacant land is situated in an urban agglomeration falling within category B
of the said schedule, the ceiling limits is 700 square meters.
c) Where the vacant land is situated in an urban agglomeration falling within category C
of the said schedule, the ceiling limits is 1500 square meters.
d) Where the vacant land is situated in an urban agglomeration falling within category D
of the said schedule, the ceiling limits is 2000 square meters.

Where a person holds a vacant land and also holds any other land on which there is a
building with a dwelling unit in it, the extent of such other land occupied by the building
and the land appurtenant thereto is also to be taken into account in calculating the extent
of vacant land held by such a person. Where however, a person owns only a part of a
building in group housing then only the proportionate shall of that person in the land
occupied by the building and the land appurtenant thereto is to be taken into account.
Q.13 Adjudication?

Ans: It is an indirect tax collected by the State Government in Maharashtra. Stamp Duty is
payable under Section 3 of The Maharashtra Stamp Act. The amount of Stamp Duty payable
depends on type of documents. The Stamp Duty is calculated as per Schedule-I of The
Maharashtra Stamp Act. Stamp Duty is a statutory payment like Vat or Service Tax which
needs to be paid on all instruments chargeable to duty. Further it has to be paid on time to
avoid penalty. Insufficiently stamped documents are not admitted as evidence in the court.

Any instrument executed in the state of Maharashtra shall be liable for payment of Stamp
duty according to Section 3 of the Act at the rates provided in Schedule I of The Maharashtra
Stamp Act. Even instruments executed outside the State are liable to duty on their receipt in
the State, provided it relates to a property situated in the State or a matter or thing to be done
in the state. Even copy, extract, fax image of original instruments are chargeable to duty if
original instruments are not stamped or they are lost.

Adjudication of stamp duty means to pass a judgement or to adjudge how much stamp duty is
payable for the registration of a particular document. When the quantum of stamp duty is
variable and not fixed, it may often lead to confusion as to how much stamp duty is payable.
If the stamp duty is under paid, the document may not be admissible as evidence in a court of
law. Hence, to determine stamp duty payable, the government offers an adjudication service,
where the government officer examines the document and determines what amount should be
paid as stamp duty. This adjudication is final and binding on the government in the particular
matter and gives peace of mind to persons wanting to pay the correct amount.

Section 31 of the Maharashtra Stamp Act governs the adjudication of the stamp duty in
Maharashtra.
A document which is executed or not can be adjudicated upon. Similarly a document on
which stamp duty has been paid or had not been paid can both be adjudicated upon.

Supporting documents need to be submitted for adjudication of stamp duty

1. Application for Adjudication in the given format.

2. Application with Court Fee Stamp of Rs. 5 (in the form of court fee label)

3. Original document which is the subject of adjudication and a copy of the document
4. Papers/proofs showing the basis on which valuation/Stamp Duty should be calculated and
an affidavit to that effect, if needed.

Fee payable for adjudication

Rs. 100 are the fees for adjudication as per Article 31 of Maharashtra Stamp Act. The fees are
payable in cash at the counter of the Stamp Office.

Adjudication is done within 45 days of submitting the application along with fees and
required documents which substantiate the applicant's claim for determination of market
value and stamp duty.

A complaint can be filed with the Joint District Registrar (JDR) of the Stamp Office, who is
the person responsible for the adjudication.

The matter can be escalated to the Additional Controller of Stamps in Mumbai City and
Mumbai Suburban District.

Appeal for the adjudication of the Stamp Duty

If the valuation of the property is disputed, an Appeal under section 32 of the Maharashtra
Stamp Act can be made to the Additional Controller of Stamps in Mumbai and to the Deputy
Inspector General of Registration for rest of Maharashtra.

If classification of document or calculation of Stamp Duty is disputed an Appeal under

section 53 of Maharashtra Stamp Act to the Inspector-General of Registration and Chief
Controlling Revenue Authority can be made within 60 days of the order of adjudication.

If both, the Valuation and classification of document/Stamp Duty calculation are disputed, an
appeal to Chief Controlling Revenue Authority and Inspector-General of Registration can be
made.

Q.14 Wajib-ul-arz?

Ans: Section 165 of the Maharashtra Land Revenue Code 1966 explains the Wajib-Ul-Arz

The Wajib-ul-arz or “village administration paper” is a statement of customs respecting

rights and liabilities in an estate. It is a record of customs in each village in regard to: the
right to irrigation, or the right of way or other easementary right, and the right to fishing.
It is a land record of unalienated lands.

The Collector shall be published such record in such manner as he may deem fit and subject
to the decision of the Civil Court.

Any person aggrieved by any entry made in such record may within one year from the date of
the publication of such record, file a suit in a Civil Court for the cancellation of such entry or
for modification of it.

The Collector may on the application of any interested person therein modify any entry in the
Wajib-ul-arz on certain grounds.

Recording and Maintenance of Wajib-ul-arz

S. 165(1) provides that as soon as may be after this Code comes into force, the Collector
shall, 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 right 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. Such record shall be known as the Wajib-ul-arz of the village.

The record made in pursuance of sub-section (1) shall be published by the Collector in such
manner as he may deem fit.

Such record shall be final and conclusive. However 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 such entry cancelled or modified.

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, the entry has been declared to be erroneous; or
(c) that, the entry being founded on a decree or order of a Civil Court or on the order of a
revenue officer, 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.

Punishment for contravention of Provision

Any person who acts in contravention of the provisions in sections 161 to 166 or rules made
under section 166 or who contravenes or fails to observe any rules or custom entered in the
Wajib-ul-arz or commits a breach of any entry entered in the Nistar Patrak shall be liable to
such penalty not exceeding rupees one thousand as the Collector may, after giving such
person an opportunity to be heard, deem fit. The Collector may further order confiscation of
any produce, or any other produce which such person may have appropriated or removed
from lands belonging to the State Government.

Q.15 Cess?

Ans: Refers to a building that pays cess which is a tax commonly referred to as the "repair
fund". The tax is paid by the tenants of the building to the housing body of MHADA for
repairs and reconstruction of that building. Under the MHADA Act the cessed buildings are
categorised under three heads:

Category A of cessed buildings - buildings erected before 1 September 1940,

Category B of cessed buildings - buildings erected between 1 September 1940 and 31

December 1950,

Category C of cessed buildings - building erected between 1 January 1951 and 30 September
1959

The Govt. of Maharashtra with a view to deal with the problems of repairs and
reconstructions of old dilapidated tenanted buildings in the Island City of Mumbai whose
rents were frozen at the year 1940 as per the provisions of the Rent Control Act, formed the
Bedekar Committee in the year 1968. On recommendations of the said Committee, Govt. of
Maharashtra passed the Bombay Building Repairs and Reconstruction Act in the year 1969.
Under the provisions of this Act, the Bombay Building Repairs and Reconstruction Board
was formed in the year 1971. A repair cess was levied on old dilapidated tenanted buildings
under the provisions of this Act. Thus, these buildings were called cessed buildings. Till
1977, this board was directly functioning under government. Subsequently this Act was
merged with the Maharashtra Housing and Area Development Act 1976 in December 1977.
There are around 16,000 buildings that have been declared as cessed buildings.

Section 82 of the MHADA ACT

For this Chapter, there's a tax called "the Mumbai Building Repairs and Reconstruction
Cess," or simply "the cess," levied by the State Government. The cess is payable on lands and
buildings at a percentage of their rateable value, as specified in the Second Schedule to this
Act. The State Government determines the commencement date for the cess through an
official notification in the Official Gazette.

For instance, in cases where building is not structurally repaired 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.

The Mumbai Corporation, as per the Corporation Act, collects the cess in the same way
property tax is collected.

The Municipal Commissioner adds the cess amount to the general tax collected under the
Corporation Act. This additional amount is recovered from each liable person in the same
manner as the general tax. Separate bills for the cess may be prepared and served as
determined by the Municipal Commissioner. If the cess is primarily payable by the owner, it
can be recovered from them along with the next installment of general tax. If the owner
cannot recover any increase in rent from the occupier, they can withhold that amount until
recovered. Provisions of sections 147 and 148 of the Corporation Act apply to the cess as if it
were part of the general tax.

In Mumbai, when an owner has to pay cess to the Corporation, their share is 10% of the
rateable value of the land or building. They can recover the remaining amount of the cess by
increasing the rent of various premises in the building proportionately, similar to how a
general tax increase would be handled. This rent increase doesn't count as an increase under
the Rent Act or the Corporation Act. If rent or increases are unpaid for six months or more,
the owner can reclaim possession of the premises under section 12 of the Rent Act.
Q.16 Short note on mutation and disputed register?

Ans: The Maharashtra Land Revenue Code, 1966 (MLRC) unifies and amends the law
relating to land and land revenue in Maharashtra. The code defines land revenue under
section 2(19) as all monetary sums and payments received by the State Government from any
person on account of land, interest in land, or rights exercisable over land. The code also
assesses land revenue based on its use, such as agricultural, residential, or commercial.

The MLRC replaced the Bombay Land Revenue Code, 1879, which was a comprehensive
legislation dealing with land revenue administration in Bombay Province. The MLRC came
into effect on August 15, 1967.

Mutation of a property, also known as Dakhil Kharij in Hindi, is the transfer or change of title
entry in revenue records of the local Municipal Corporation showing the change in the title
ownership amongst the transferor and transferee. The transferee or the new owner effects the
process of mutating property records post which the property shall stand in his name and the
ensuing rights and obligations shall attach to him.

There are two types of mutations namely-

1. Mutation of Agricultural Lands; and

2. Mutation of Non-Agricultural lands which include apartments, residential plots,

commercial plots.

The mutation of the former is mandatory without which land title cannot be passed to the
owner. It is not so in for the latter but the same should be done to prevent hassles in the future
with respect to the concerned property.

Property mutation is, therefore, a necessary formality for those who acquire property in any
way and it should be done promptly to avoid any unnecessary hassles for the property owner
in the future.

As per section 154 of the Act, intimations of any documents purporting to create, assign or
extinguish any title in respect of which a record of rights has been prepared is registered
under the Indian Registration Act, 1908 is to be made to the Revenue officer (Talathi) of the
village. Post which, as per section 150, the Talathi shall enter in the register of mutations
every report made to him or on any intimation of acquisition or transfer or from any collector.
The 7/12 extract and mutation entry in 6/12 is done by the talathi after the process is
complete.

Section 150 of the act states about the Register of mutations and register of disputed
cases

• The Talathi shall enter in a register of mutations every report made to him under
section 149 or any intimation of acquisition or transfer under section 154 or from any
Collector.
• Whenever a Talathi makes an entry in the register of mutations, he shall 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 the record of rights or
register of mutations to be interested in the mutation, and to any other person whom
he has reason to believe to be interested therein.
• When record of rights is maintained electronically under section 148A, once the
Tahsildar in the Taluka receives an intimation under section 154, the Talathi in the
Tahsildar office will send it to all relevant parties listed in the record of rights or
register of mutations, as well as any other interested individuals, including the
concerned Talathi of the village, via short message service, email, or other prescribed
electronic means. Upon receiving this intimation, the Talathi of the village will
promptly make an entry in the register of mutations.
• When any objection to any entry made under sub-section (1) in the register of
mutations is made either orally or in writing to the Talathi, it shall be the duty of the
Talathi to enter the particulars of the objections in a register of disputed cases. The
Talathi shall at once give a written acknowledgement for the objection to the person
making it in the prescribed form.
• Disputes entered in the register of disputed cases shall as far as possible be disposed
of within one year by a Revenue or Survey Officer not below the rank of an Aval
Karkun and orders disposing of objections entered in such register shall be recorded
in the register of mutations by such officer in such manner as may be prescribed by
rules made by the State Government in this behalf.
• The transfer of entries from the register of mutations to the record of rights shall be
effected subject to such rules as may be made by the State Government in this behalf :
Provided that, an entry in the register of mutations shall not be transferred to the
record of rights until such entry has been duly certified.
 • Entries in the register of mutations shall be tested and if found correct, or after
correction, as the case may be, shall be certified by any Revenue or Survey Officer
not below the rank of an Aval Karkun in such manner as may be prescribed
• The State Government may direct that a register of tenancies shall be maintained in
such manner and under such procedure as may be prescribed by rules made by the
State Government in this behalf.
• The Commissioner may specify, from time to time, the storage device for preparation,
maintenance and updation of all registers and documents to be maintained under
section 148A.

Q.17 Structural Repairs?

Ans: The Maharashtra Housing & Area Development Authority (MHADA) was established
by the Maharashtra Housing and Area Development Act, 1976. It came into existence on 5
December 1977.

Govt. of Maharashtra passed the Bombay Building Repairs and Reconstruction Act in the
year 1969. Under the provisions of this Act, the Bombay Building Repairs and
Reconstruction Board was formed in the year 1971. A repair cess was levied on old
dilapidated tenanted buildings under the provisions of this Act. Thus, these buildings were
called cessed buildings.

Till 1977, this board was directly functioning under government. Subsequently this Act was
merged with the Maharashtra Housing and Area Development Act 1976 in December 1977.

The activities of the Board were assigned to the Mumbai Housing & Area Development
Board under Chapter -VIII of the MHAD Act - 1976.

Later on, the Mumbai Housing & Area Development Board was divided into three different
Boards in November 1992 under provision of Section 18 of the MHAD Act. The three Boards
that were formed are:

• Mumbai Housing and Area Development Board

• Mumbai Slum Improvement Board

 • Mumbai Building Repair and Reconstruction Board.

Mumbai Building Repair and Reconstruction Board has been assigned to perform the duties
of carrying out structural repairs of old cessed buildings and their reconstruction by following
procedure laid down under chapter VIII and VIII 'A' of the MHADA Act 1976.

"Structural repairs," as defined under section 2(36), refer to the necessary repairs or
replacement of decayed, cracked, or unstable structural components within common areas
such as staircases, passages, water closets, or privies. These repairs involve using new
materials similar to the original ones or different materials, and may include changing the
construction method (e.g., converting from timber-framed to reinforced concrete). The
purpose of these repairs is to prevent the building or any part of it from collapsing.

Additionally, structural repairs encompass fixing or replacing any other damaged items that
result from these primary repairs. This definition also extends to repairing or replacing the
roof and drain pipes (including house gallies) attached to the building to prevent further
damage. When the board carries out such repairs on a building, it is considered structurally
repaired under the Act.

The expression also includes repairs and replacement of all items which are required to be
repaired or replaced as a consequence of the above repair or replacement of the roof drain
pipes fixed to the building, which if not repaired or replaced simultaneously with structural
repair would cause further damage to the building. The term does not cover replacement of
tiles.

Q.18 Matters to be neglected in determining compensation under the Land Acquisition

Act?

Ans: The Land Acquisition Act of 1894 (LAA) is a law that governs the acquisition of land
by the Central and State Governments. The act was enacted on February 2, 1894.

The act allows the government to acquire land for public purposes and for companies. It also
determines the amount of compensation to be paid for the acquisition.

The act is based on the right of eminent domain. It states that when land is needed for a
public purpose or for a company, the government or an authorized officer can direct the
Collector to acquire the land.
The act also allows the government to acquire protected monuments for preservation

Section 24 of the act talks about the matters which are to be neglected in determining
compensation:

a) the degree of urgency which has led to the acquisition;

b) any disinclination of the person interested to part with the land acquired;
c) any damage sustained by him, if caused by a private person, would not render such
persons liable to a suit;
d) any damage which is likely to be caused to the land acquired, after the date of the
publication of the declaration under section 6, by or in consequence of the use to
which it will be put;
e) any increase to the value of the land acquired likely to accrue from the use to which it
will be put when acquired;
f) any increase to the value of the other land of the person interested likely to accure
from the use to which the land acquires will be put; or
g) any outlay or improvements on, or disposal of, the land acquired, commenced, made
or affected without the sanction of the Collector after the date of the publication of the
{Subs, by Act 38 of 1923, s.8, for "declaration under s.6

Q.19 Certification issued by the Collector under the Stamp Act?

Ans: The Bombay Stamp Act of 1958, now known as the Maharashtra Stamp Act of
1958, governs stamp duty in Maharashtra. The act applies to agencies that pay stamp duty to
the state and covers 62 articles in Schedule I that cover various types of documents. The
amount of stamp duty on a property depends on several factors, including: Location, Total
cost of the transaction, and Whether the property is located in urban or rural areas.

It is very important to note that stamp duty is on an instrument and not on a transaction.

S. 3 of the Act levies stamp duty at the rate provided in Schedule I on any instrument
executed in the State. Even instruments executed outside the State are liable to duty only on
their receipt in the State, provided it relates to a property situated in the State or a matter or
thing to be done in the State.
An instrument covering or relating to several distinct matters is chargeable with the aggregate
amount of duty with which each separate instrument would have been chargeable.

In case an instrument is so drafted that it is covered within the ambit of more than one Article
under Schedule I, then it shall be taxed by that Article which levies the highest amount of
stamp duty.

The term “Instrument” has been defined to include every document by which any right or
liability is or purports to be created, transferred, limited, extended, extinguished or recorded.

Section 17 of the Act provides that all instruments chargeable with duty and executed in
Maharashtra should be stamped before or at the time of execution or immediately thereafter
or on the next working day following the date of execution. Instrument executed only out of
Maharashtra may be stamped within three months after it is first received in State.

Stamp duty is payable at rates mentioned in Schedule I. Depending upon the Instrument, it
may be based upon the market value, area, or various other criteria. In case of instruments
which are based upon market value of the property, the term in relation to any property which
is the subject matter of an instrument, means the price which such property would have
fetched if sold in open market on date of execution of such instrument or consideration stated
in the instrument whichever is higher. The stamp office determines the market value of the
property by referring to an Annual Statement of Rates (commonly known as Stamp Duty
Ready Reckoner) which gave the Market Values of various immovable properties in Mumbai.
The Reckoner divides the immovable property into various categories such as developed
land, undeveloped land, residential units, industrial units/office, shops, etc., and fixes their
market value accordingly.

Any person can apply to the Collector of Stamps for adjudication of the stamp duty payable
on the instrument who shall determine the duty, if any with which the instrument shall be
chargeable. It may be noted that now adjudication is compulsory in all cases where an
instrument requires registration as the Registrar of Sub-Assurance insists upon the same. The
instrument should be brought to the Collector within 1 month of execution of such instrument
in the State and within 3 months from date of receipt of such instrument in the State. When
Registrar of sub-registrar Assurance determine proper value, there is no need for adjudication.

Section 32 of the Act talks about the Certificates issued by the Collector
 (1) When an instrument brought to the Collector under section 31 is, in his opinion, one
of a description chargeable with duty; and-

(a) the Collector determines that it is already fully stamped, or

(b) the duty determined by the Collector under section 31, or such a sum as, with the duty
already paid in respect of the instrument, is equal to the duty so determined, has been
paid, the Collector shall certify by endorsement on such instrument that the full duty
(stating the amount) with which it is chargeable has been paid.

(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall
certify in manner aforesaid that such instrument is not so chargeable.

(3) Any instrument upon which an endorsement has been made under this section, shall
be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if
chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon
and registered as if it had been originally duly stamped:

PROVIDED that nothing in this section shall authorize the Collector to endorse-

(a) any instrument executed or first executed in 3[India] and brought to him after the
expiration of one month from the date of its execution or first execution, as the case may
be;

(b) any instrument executed or first executed out of 3[India] and brought to him after the
expiration of three months after it has been first received in 3[India]; or

(c) any instrument chargeable 33[with a duty not exceeding ten naye paise], or any bill of
exchange or promissory note, when brought to him, after the drawing or execution
thereof, on paper not duly stamped.

Q.20 Encroachment on Government Land?

Ans: Refer question no 22

Q.21 Award?

Ans:
Q.22 Section 50 and 51 under Maharashtra Land Revenue Code?

Ans: Section 50 of the Maharashtra Land revenue Code deals with Encroachment on the
lands which have been vested in the hands of the State Government.

It provides that:

c) If any encroachment is being made on any land or foreshore vested in the state
government
d) If any land is being used for the purpose of hawking or selling articles without the
sanction of the concerned or competent authority.

The Collector is empowered to summarily abate or remove any such encroachment or the
articles exposed for sale to be removed. The expenses incurred for such a process can be
recovered from the person in occupation of the land which is encroached upon or used for
hawking or selling articles.

Section 50 also imposes penalty which are as follows

1) the person who has encroached land must pay a) if the land encroached has an assessed
survey number, then the assessment will be calculated for the entire period of the
encroachment

b) the land encroached have not given a survey number then the amount of a penalty will be
calculated on the basis of calculation of the similar land under same occupation in the
particular area

2) An additional fine ranging from Rs. 5 to Rs. 1000 if the land is used for the agriculture
purposes and fine is not exceeding Rs. 2000 for non-agricultural purpose.

3) If the person ha been caught hawking or selling any articles, he is liable to pay fine not
exceeding Rs. 50 as may be determined by the collector.

The collector is also empowered by the notice to prohibit or require the abetment or removal
of any encroachment, on such lands from a date stated in such notice. If any person makes,
causes, permits or continues an encroachment after such date, he becomes liable in addition
to the fine referred above to pay an additional daily fine not exceeding Rs. 25 per day in case
if encroachment for agricultural purpose and not exceeding Rs. 50 per day in any other case.

Case Law
Babamia Shah Vs Tehsildar of Beed

As categorically stated by the Bombay High Court that the Maharashtra Land Revenue Code
1966 empowers the collector to abide and remove encroachments made on any land or
property which belongs to state government. however the collector has no power to remove
any encroachment by a private person or on a private property.

Regularization of Encroachment (Section 51 and Section 52)

A provision has also been made in Section 51 of the code for regularisation of
encroachments. If the person is guilty of encroachment is ready to pay a sum not exceeding
five times the value of the encroached land and an assessment not exceeding five times the
ordinary land revenue, then the collector may make a grant of such land to the encroachers on
such terms and conditions as may be imposed by the collector in accordance with the rule
made in this behalf. Such a person name is then to be entered in the land records. However
this cannot be done unless public notice is given of such a proposed regularisation and all
objections and suggestion have been considered by the collector. The expenses of the public
notice are to be paid by the person making the encroachment, and if not paid within
reasonable time, can be recovered from him as arrears of land revenue.

Case Law

Maharashtra Land Development Corporation vs. State of Maharashtra

The Supreme Court has observed that the principle of proportionality and the doctrine of
public trust would require that the court necessarily examines the advantages and
disadvantages of any administrative action that is challenged before it, when the
administrative power exercise a discretionary power it has always established that its decision
is balanced and in proportion to the object of the power conferred on it.

Section 52 of the code states that the property or a land which is to be sold or auctioned,
should not exceed five times of the value of the encroached land. Also it is very important to
note that to calculate the amount on market value survey number is required and if there is no
survey number than the survey number of neighbourhood land will be taken into
consideration for calculating market value of encroached land.

The collector decision with regards to the value of the land and the assessment which payable
by the encroachers it is declared to be final and conclusive.
Q.23 Admissibility of instrument which are not properly stamped under the Bombay
Stamp Act?

Ans: The Bombay Stamp Act 1958 now known as the Maharashtra Stamp Act 1958, applies
to every one of the agencies that are referenced in Maharashtra Stamp Act Schedule 1, on
which the stamp duty is payable to the state. There was an amendment in the Maharashtra
Stamp Act recently and the changes are inclusive to the modification of stamp duty on the
agreement in Maharashtra on gift deeds, incorporation of electronic payment of stamp duty,
an update on penalty clauses, and an increment on the amount of stamp duty under certain
instruments provisions.

In Maharashtra, stamp papers could be purchased before 1 May 1994 in the names of
advocates or by any other name. However, the stamp paper is to be purchased in the name of
one of the parties thereafter. In addition, the validity of the stamp paper is restricted for a
period of 6 months and if stamp paper is used thereafter, it is assumed that the document is
executed on ordinary paper without a stamp.

If an instrument falls into Schedule I of the Bombay Stamp Act (BSA) with several duties
rates, the instrument is chargeable with the highest of the prescribed fees. Apart from this, the
BSA also prescribes a methodology for adjournment (proper assessment), the refund of
duties, grievance procedures and defects, etc. The Collector is usually authorized or vested
with the power to authorize. If a document is not stamped or appropriately stamped, it is
likely to be affixed.

The Act was recently amended and amendments include revision of stamp duty on gift deeds,
e-payment of stamp duty, amendment of penalty sections, and increase in stamp duty under
certain instrument clauses.

Stamp duty is a type of tax, such as sales/income tax, etc. and its basic purpose is to raise
revenue for the government. Thus, like any other tax, the stamp duty will have to be paid to
the government in full and on time, with a delay with penalties. In general, stamp duty is
levied on an instrument (and not on a transaction); stamp duty is payable on the property
(whether immovable/movable or tangible/intangible) either on a fixed basis or on the basis of
the consideration mentioned in the instrument as the case may be. In the case of immovable
property, there is an additional theory of valuation of the property, which is also taken into
account while deciding the stamp duty payable.
Admissibility of documents which are not properly stamped

a) Even if an instrument is not duly signed, it becomes admissible in evidence on payment of

stamp or deficient amount of stamp duty and a penalty at the rate of 2% per month on stamp
duty or deficient amount

b) If a contract is contained in one or two letters of which one is duly stamped the whole
contract is deemed duly stamped

c) An unstamped or insufficiently stamped instrument can be admissible as evidence in any

criminal proceedings other than certain proceedings under the CPC

d) An unstamped or insufficiently stamped instrument can be admitted as evidence in any

court if it has been executed by the government or if it bears the certificate of the Collector

e) A copy of an instrument or an oral admission of an instrument can be admitted if the stamp

duty or the deficient portion thereof and the penalty has been paid.

f) Once an instrument is admitted in evidence such admission cannot be questioned at any

stage on the ground that the instrument has not been duly stamped

g) The state govt is empowered to make rules to provide that if an instrument bears a stamp
of sufficient amount but the stamps are not of proper description, such an instrument can be
certified to be duly stamped on payment of chargeable stamp duty.

Q.24 Describe the documents compulsory to be registered under the Registration Act,
1908?

Ans: Section 17(1) of the act provides a list of seven documents of which registration is
compulsory. If such a document is not registered, it cannot affect any immovable property to
which it relates, nor can it be received as evidence of any transaction affecting such a
property.

The Registration Act of 1908 was enacted with the primary objective of creating a
standardized system of registration for documents related to the transfer, lease, or mortgage
of immovable property.
The act intends to maintain the credibility and authenticity of property transactions by
making the registration of specific legal documents such as sale deeds, lease deeds, and
mortgage deeds mandatory.

Section 17 of the Registration Act mentions many documents for which registration is
mandatory, which are as follows:

• Clause A of Sec 17 of the Registration Act states that “instruments of the gift of
immovable property” must be registered. This means that gift deeds relating to
immovable property must compulsorily be registered.

• Clause B of Sec 17 of the Registration Act mentions “other non-testamentary

instruments which purport 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.”

• Clause C of the Sec 17 of the Registration Act imposes the obligation to register “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.

• Clause D of the Sec 17 of the Registration Act imposes the same obligation upon
leases of immovable property that last for longer than a year or are established from
year to year.

• Clause E of Section 17 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.

• An authority to adopt son, not confirmed by will and executed on or after 1st January,
1872.

• A document containing a contract to transfer any immovable property for

consideration is such a document has been executed on or after the commencement of
the Registration and other related laws (Amendment) Act,1901.
Q.25 Sanad?

Ans: A grant of Sanad is an authority which is received from the State and that to in writing.
Sanad is an authorising act given to a person to hold a land for specific mentioned time and
tenure in that particular Sanad. The provision relating to Sanad apply to all lands situated in
the village, town or city in Maharashtra.

When there is a conversion of Land from one purpose to another wherein the land is allowed
to use for Non-agricultural purpose. Permission is required from the collector for the same, a
written Sanad will be given or granted in a prescribed form to the holder of the land.

Section 126 of Maharashtra Lande Revenue Code 1966 lays down how survey of lands in
village is conducted and how the record of this surveys are preserved and recorded in the
prescribed manner in relevant maps and registered each owner of the land is entitled to
receive one or more sanad from the collector which is given in part C of the Act.

The condition of holding a sanad contains:

a) Information with regards to the Land its plan and area.

b) Assessment of land.
c) Tenure on which the particular site is held and the terms
d) Whether the holding is transferable or heritable.

Section 127 states that if survey fee is paid no need to pay the sanad fees to acquire the
Sanad and if the survey fee is not paid than the amount of Rs.1 is to be paid to the
collector to get the sanad.

Section 129 states that if sanad is already sanctioned by collector and not collected by
owner within one year than additional fine of Rs.100 will be levied.

Section 131 of the Maharashtra Land Revenue Code, 1966 states that a duplicate sanad
can be granted if the original sanad has been lost or destroyed. The applicant must inform
the Collector, and the sanad will be marked "Duplicate" in red ink, and the applicant will
be charged a fee.

Correction fee: if there is any correction in sanad a nominal correction fee is charged and
which is to be paid to the collector to issue new sanad.
 Section 257 states that the terms of occupancy in the sanad cannot be altered and same
binding on the owner as well as the state government of the land. If however there is a
mistake in Sanad it can be rectified.

Q.26 Exemption to sec 17(1) of Registration Act. 1908?

Ans: The Registration Act of 1908 is a legislative enactment in India that prescribes the
mandatory registration of various documents related to immovable property.

The statute sets forth significant provisions governing the registration process, including the
requirement to register certain legal instruments, appointment of Registrars to oversee
registration, payment of fees for registration, legal presumptions regarding registered
documents, and the public inspection of registered documents.

The Registration Act of 1908 was enacted with the primary objective of creating a
standardized system of registration for documents related to the transfer, lease, or mortgage
of immovable property.

The act intends to maintain the credibility and authenticity of property transactions by
making the registration of specific legal documents such as sale deeds, lease deeds, and
mortgage deeds mandatory.

Section 17 of the Registration Act mentions many documents for which registration is
mandatory.

Provided that the State Government may, by order published in the Official Gazette, exempt
from the operation of this sub - section any lease 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.

(f) agreement relating to the Deposit of title deeds, where such deposit has been made by way
of security for the repayment of a loan or an existing or future debts;

(g) sale certificate issued by any competent officer or authority under any recovery Act;

(h) irrevocable Power of Attorney relating to transfer of immovable property in any way,
executed on or after the commencement of the Registration (Maharashtra Amendment) Act,
2010.
(IA) The documents containing contracts to transfer for consideration, any immovable
property for the purpose of section 53A of the Transfer of property Act, 1882 shall be
registered if they have been executed on or after the commencement of the Registration and
other related laws (Amendment) Act, 2001 and is such documents are not registered on or
after such commencement, then, they shall have no effect for the purposes of the said section
53A.

(2) 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 in so
far as it entitles the holder of 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 “any document other than the documents specified in sub-section (1A)” 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 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 the State 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, (XXV of 1871) or the Land Improvement Loans Act, 1883 (XIX of
1883).

Section 18 of the act states about the documents which are optional for registration:

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;
(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, 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;
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;
(ee) notice of pending suits or proceedings referred to in section 52 of the Transfer of
Property Act, 1882 (1V of 1882) and;
f) all other documents not required by section 17 to be registered.

Case Law

Hand vs Hall

In this case the question before the court was whether a lease executed for a period of one
year, with an option on the lease to renew it for a further period of one year could be said to
be a lease for a term not exceeding one year. The court held that since the lease was for one
year only, unless the lessee exercises his option, no interest would be created in the property
for the following year. Hence the lease cannot be said to be a period exceeding one year.
Q.27 Explain the procedure for removal of unauthorized development under MRTP?
Maharashtra Regional and Town Plaining Act?

Ans: Section 52 of the act states that 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 duly revoked; or

(d) in contravention of any permission which has been duly modified,

shall, on conviction, be punished with imprisonment for a term 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.

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 the 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 with fine which may extend to five thousand rupees; and in the 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.

Section 53 states about the removal of unauthorised development:

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 of 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 specified in Clause (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 purpose 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, and 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 (3).

(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
of 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 parts 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 or
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 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.]

Section 54 states about the power to stop unauthorized developments:

Where any development of land as indicated in sub-section (2) of Section 52 is being

carried out but has not been completed, the Planning Authority may serve on the owner
and the person carrying out the development a notice requiring the development of land to
be discontinued from the time of the service of the notice; and thereupon, the provisions
of sub-sections (3), (4), (5) and (6) of Section 53 shall so far as may be applicable apply
in relation to such notice, as they apply in relation to notice under Section 53.

(2) Any person, who continues to carry out the development of land, whether for himself
or on behalf of the owner or any other person, after such notice has been served shall, on
conviction, [be punished with imprisonment for a term which may extend to three years
or with fine which may extend to five thousand rupees or with both]; and when the non-
 compliance is a continuing one, with a further fine which may extend to one hundred
rupees for every day after the date of the service of the notice during which the non-
compliance has continued or continues.

Section 55 states about the removal and discontinuance of unauthorized temporary

development:

Notwithstanding anything hereinbefore contained in this Chapter, where any person has
carried out any development of a temporary nature unauthorisedly as indicated in sub-
section (2) of Section 52, the Planning Authority may by an order in writing direct that
person to remove any structure or work erected, or discontinue the use of land made,
unauthorisedly as aforesaid, within fifteen days of the receipt of the order; and if
thereafter, the person does not comply with the order within the said period, the Planning
Authority may request the District Magistrate or the Commissioner of Police, as the case
may be, [or authorise any of its officers or servants,] to have such work summarily
removed or such use summarily discontinued without any notice as directed in the order;
and any development unauthorisedly made again, shall be similarly removed or
discontinued summarily without making any order as aforesaid.

Q.28 Record of Rights?

Ans: Section 149 of Maharashtra Land Revenue Code 1966 provided that if any person
acquires any rights as a holder, occupants, owner, mortgage, land lord, government lessee,
tenant of any land situated in any part of Maharashtra, he must report orally or in writing his
acquisition of such right within three months to the Talathi who must give a written
acknowledgement thereof to that person.

This obligation is imposed irrespective of whether such a person has acquired the right by
succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise.

If the person acquiring such right is a minor or is otherwise disqualified, the report may be
made to the Talathi by his guardian or other person having the charge of his property.
However, if such a right is acquired with the permission of the document, no report needs to
be made to the Talathi.
Section 148: A record of rights is to be maintained in every village and the same must
contain the following five particulars:

a) The names of all persons (other than tenants) who are holders, occupants, owners or
mortgagee of the land or the assignee of the rent or revenue of the land.
b) The names of all persons who are holding the land as government lessee or tenants,
including tenants within the meaning of the relevant tenancy laws.
c) The nature and extent of the respective interest of the people mentioned in clause a)
and b) above and the conditions and liabilities, if any attaching thereto.
d) The rent or revenue, if any, payable, by or to any of the persons mentioned above.
e) Such other particulars as the state may prescribed by rules, either generally or for the
purpose of any specified area.

The expression land records mean records maintained under the provisions of or for the
purpose of this code and includes a copy of maps and plans or a final town planning scheme,
improvement scheme or a scheme of consolidation of the holdings which has came into force
in the state and forwarded to any revenue or survey officer under such law or otherwise.

Q.29 Control of Development under Maharashtra Regional and Town Planning Act?

Ans: The term Development is mention in Section 2(7) of MRTP Act which means carrying
out of building, engineering, mining, operations in or over land, material change in building
or land, material or structural change in any heritage building or its precinct.

It also includes demolition of existing building or structure, Erection of part of such building,
structure or erection and reclamation, re-development, layout and sub-division of any land.

Case Law

Bharti Tele-venture ltd vs State of Maharashtra

The Bombay High Court observed that the term Development under the MRTP Act clearly
indicates the erection of structure as well as any material change in the building or its
precinct. The court held that the definition of the term being a wide one, it would include the
erection of a tower or construction of a cabin on a rooftop of a building.

Control Development
Section 43 of the act deals with restriction on development of land. It provides that, after the
date on which the declaration of intention to prepare a development plan or a notification
specifying any undeveloped area as a notified area or any area designated as a site for a new
town is published in the official gazette, no person can institute or change the use of any land
or carryout any development of land without the written permission of the planning authority.

Any person commences, undertakes or carried out such development without written
permission, or not in accordance with such written permission is revoked then it is punishable
with imprisonment for a minimum term of one month and a maximum term of three years
and with fine of Rs.2000 and a maximum fine of Rs.5000. in case of a continuing offence, a
further fine of Rs. 200 per day can be levied for every day during which the offence
continuous after conviction (Section 52).

Q.30 Planning Authority?

Ans: Section 2(19) of the act states about the term Planning Authority means a local authority
and includes a special planning authority constituted or appointed or deemed to have been
appointed under section 40 of the act. In respect of a slum rehabilitation area, the term
includes the rehabilitation authority appointed under section 3A of the Slum Area
(improvement, clearance & redevelopment) Act, 1971.

Thus for instance in Maharashtra the MMRDA (Mumbai Metropolitan Regional

Development Authority) has been established. The Government of Maharashtra has
appointed MMRDA as special planning authority for notified area of Bandra Kurla Complex
and the Chatrapati Shivaji International Airport.

The town and country planning division is actively involved in the preparation of
development plans for these areas, issue Clarification on CRZ etc. it also coordinates with
local authorities on various issue relating to development.
ANSWER THE FOLLOWING IN DTQ

Q.1 Describe the Parameters to be considered while determining compensation for a

acquisition of land?

Ans: The Land Acquisition Act of 1894 (LAA) is a law that governs the acquisition of land
by the Central and State Governments. The act was enacted on February 2, 1894.

The act allows the government to acquire land for public purposes and for companies. It also
determines the amount of compensation to be paid for the acquisition.

The act is based on the right of eminent domain. It states that when land is needed for a
public purpose or for a company, the government or an authorized officer can direct the
Collector to acquire the land.

The act also allows the government to acquire protected monuments for preservation

Section 23 of the act states about the parameters to be considered while determining
compensation

Where any land is acquired under this Act, there shall be paid an amount which shall be
determined by an order of the competent authority.

(2) The competent authority shall make an award under this section within a period of one
year from the date of the publication of the declaration and if no award is made within that
period, the entire proceedings for the acquisition of the land shall lapse:

Provided that the competent authority may, after the expiry of the period of limitation, if he is
satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons
to be recorded in writing, he may make the award within an extended period of six months:

Provided further that where an award is made within the extended period, the entitled person
shall, in the interest of justice, be paid an additional compensation for the delay in making of
the award, every month for the period so extended, at the rate of not less than five per cent. of
the value of the award, for each month of such delay.

(3) Where the right of user or any right in the nature of an easement on, any land is acquired
under this Act, there shall be paid an amount to the owner and any other person whose right
of enjoyment in that land has been affected in any manner whatsoever by reason of such
acquisition, an amount calculated at ten per cent. of the amount determined under sub-section
(1), for that land.

(4) Before proceeding to determine the amount under sub-section (1) or sub-section (3), as
the case may be, the competent authority shall give a public notice published in two local
newspapers, one of which shall be in a vernacular language inviting claim from all persons
interested in the land to be acquired.

(5) Such notice shall state the particulars of the land and shall require all persons interested in
such land to appear in person or by an agent or by a legal practitioner referred to in sub-
section (2) of section 20D, before the competent authority, at a time and place and to state the
nature of their respective interest in such land.

(6) If the amount determined by the competent authority under sub-section (1) or as the case
may be, sub-section (3) is not acceptable to either of the parties, the amount shall, on an
application by either of the parties, be determined by the arbitrator to be appointed by the
Central Government in such manner as may be prescribed.

(7) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation
Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.

(8) The competent authority or the arbitrator while determining the amount of compensation
under sub-section (1) or sub-section (6), as the case may be, shall take into consideration—

(1) 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 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.

Q.2 Discuss the restriction on sale of a agricultural land described under the
Maharashtra Tenancy and Agricultural Lands Act, 1948?

Ans: Section 43[1] applies restrictions on the transfer of land purchased or sold under the
Bombay Tenancy Act and Agricultural Lands Act, 1948. The section gives that no land
purchased or sold to any person, shall be transferred by sale, gift, exchange, mortgage, lease,
or assignment or partitioned without taking the permission of the Collector.

The main purpose of Section 43[2] is that it ensures the protection of the persons belonging
to the disadvantaged agricultural groups and gives them the right of purchase upon them.

Section 63[3] of the Bombay Tenancy Act and Agricultural Lands Act, deals with the
restrictions of transfers of agricultural lands.

Section 63[4] of the Act gives that the transfer of property by sale, gift, exchange, or lease of
any land or interest therein is not valid if that person is not an agriculturist or who is not an
agricultural labourer. In addition to being an agriculturist or an agricultural labourer, their
landholdings should not exceed two-thirds of the ceiling area determined.

Bequeath is to give or leave by will, especially used in the case of personal property. Under
the Bombay Tenancy and Agricultural Lands Act, an agriculturist cannot part with his
cultivable or agricultural property or land to an agriculturist through a will. This is given in
the Sections 43[7] and 63[8] of the Bombay Tenancy and Agricultural Lands Act, 1948.

In Section 63[9] it is explicitly mentioned that there should be no transfer of property in the
form of gifts to a non-agriculturist party. Transfer of land as a gift implies bequeathing.
Therefore, bequeathing agricultural land to a non-agriculturist will not be permitted. Such a
transaction will not be considered valid.

Section 43[10] debars the transfer of property through sale, lease, mortgage, and gift to
another party without the prior permission of the Collector. The Collector cannot grant
permission as the transfer of property belonging to an agriculturist cannot be transferred to a
non-cultivator despite the transaction being through a gift deed.

Q.3 Describe the different activities permitted and restricted in the various coastal
regulation zone?

Ans: The Coastal Regulation Zone is a zone that includes:

• The land area from the High Tide Line up to 500 meters on the landward side along
the seafront.
• The land area between the High Tide Line up to 100 meters or the width of the creek,
whichever is less on the landward side, along the tidal influenced water bodies that
are connected to the Sea.
• The land falling between the hazard line 500 meters from the High Tide line on the
landward side in the case of the sea front and between the hazard line and 100 meters
in the case of tidal influenced water body.
• The land area between the High Tide Line and Low Tide Line also known as the
intertidal zone.
• Water and bed area between Low Tide Line and territorial water limit (12 nautical
miles) in the case of the sea.
• The water and bed are between the Low Tide Line at the bank and the Low Tide Line
on the opposite side of the bank in the case of tidal influenced water bodies.

Permissible Activities in CRZ

▪ CRZ-I (ecologically sensitive areas like mangroves, coral reefs, biosphere reserves
etc.).

o No new construction shall be permitted in CRZ-I except

• Projects relating to the Department of Atomic Energy;

• Construction of trans-harbour sea link and roads without affecting the tidal flow of water,
between LTL and HTL. Etc.

o Between Low Tide Line and High Tide Line in areas which are not ecologically sensitive,
the following may be permitted;

• Exploration and extraction of natural gas;

• Construction of basic amenities like schools, roads, etc. for traditional inhabitants living
within the biosphere reserves;

• Salt harvesting by solar evaporation of seawater;

• Desalination plants;

• Storage of non-hazardous cargo such as edible oil, fertilizers within notified ports;

CRZ-II (Areas which are developed up to the shoreline and falling within the municipal
limits; includes built-up area – villages and towns are that are already well established),

• Buildings are permissible on the landward side of the hazardous line.

• Other activities such as desalination plants are also permissible.
• Some construction is permitted only as per guidelines specified by the notification.

CRZ-III: Areas that are relatively undisturbed and do not fall under either in Category I or
II and also include rural and urban areas that are not substantially developed.

• Between 0-200 metres from HTL is a No Development Zone where no

construction shall be permitted.
• Only certain activities relating to agriculture, forestry, projects of Department of
Atomic Energy, mining of rare minerals, salt manufacture, regasification of
petroleum products, non-conventional energy sources and certain public facilities
may be permitted in this zone.
• Between 200-500 metres of HTL, those permitted in 0-200 metres zone,
construction of houses for local communities and tourism projects are permissible.

CRZ-IV: The aquatic area from low tide line up to territorial limits is classified as CRZ-IV
including the area of the tidal influenced water body.
 • There is no restriction on the traditional fishing undertaken by local communities.
• No untreated sewage or solid waste shall be let off or dumped in these areas.

Prohibited Activities in CRZ

• Setting up new industries and expansion of existing industries.

• Manufacture or handling of oil storage or disposal of hazardous substances.
• Setting up and expansion of fish processing units including warehouse.
• Land reclamation, bunding or distributing the natural course of sea water.
• Setting up and expansion of units or mechanism for disposal of waste and effluents
• Discharge of untreated wastes and effluents from industries, cities or towns and other
human settlements.
• Dumping of city or town wastes for the purpose of land filling.
• Port and harbour projects in high eroding stretches of the coast.
• Reclamation for commercial purpose such as shopping, housing complexes, hotels,
etc.
• Mining of sand, rocks and other sub-strata materials.
• Drawing of ground water and construction related thereto withing 200 meter of the
High Tide Line.
• Construction activities in CRZ-1
• Dressing or altering the sand dunes, hills, natural features including landscape
changes for recreation etc.
• Facilities required for patrolling and vigilance activity of marine/coastal police station

Q.4 Explain in detail the provision pertaining to unauthorised development under the
Maharashtra Regional Town Planning Act, 1966?

Ans: Refer brief no 7

Q.5 Set out the documents which registration is optional?

Ans: Section 18 of the act states about the documents which are optional for
registration:

g) 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;
h) 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;
i) leases of immovable property for any term not exceeding one year, and leases
exempted under section 17;
(dd) 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 a value less than one hundred rupees to or in
immovable property;
j) 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;
k) Wills;
(ff) notice of pending suits or proceedings referred to in section 52 of the Transfer of
Property Act, 1882 (1V of 1882) and;
l) all other documents not required by section 17 to be registered.

Case Law

Hand vs Hall

In this case the question before the court was whether a lease executed for a period of one
year, with an option on the lease to renew it for a further period of one year could be said to
be a lease for a term not exceeding one year. The court held that since the lease was for one
year only, unless the lessee exercises his option, no interest would be created in the property
for the following year. Hence the lease cannot be said to be a period exceeding one year.
Q.6 Explain under which circumstances you can make a reference to court. How are the
references adjudicated?

Ans:

Q.7 What is development? What are the powers of the planning authority to deal with
unauthorised development?

Ans: The term Development is mention in Section 2(7) of MRTP Act which means carrying
out of building, engineering, mining, operations in or over land, material change in building
or land, material or structural change in any heritage building or its precinct.

It also includes demolition of existing building or structure, Erection of part of such building,
structure or erection and reclamation, re-development, layout and sub-division of any land.

Case Law

Bharti Tele-venture ltd vs State of Maharashtra

The Bombay High Court observed that the term Development under the MRTP Act clearly
indicates the erection of structure as well as any material change in the building or its
precinct. The court held that the definition of the term being a wide one, it would include the
erection of a tower or construction of a cabin on a rooftop of a building.

Section 52 of the act states that 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 duly revoked; or

(d) in contravention of any permission which has been duly modified,

shall, on conviction, be punished with imprisonment for a term 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.

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 the 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 with fine which may extend to five thousand rupees; and in the 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.

Section 53 states about the removal of unauthorised development:

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 of 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 specified in Clause (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 purpose 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, and 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 (3).

(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
of 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 parts 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 or
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 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.]

Section 54 states about the power to stop unauthorized developments:

Where any development of land as indicated in sub-section (2) of Section 52 is being

carried out but has not been completed, the Planning Authority may serve on the owner
and the person carrying out the development a notice requiring the development of land to
be discontinued from the time of the service of the notice; and thereupon, the provisions
of sub-sections (3), (4), (5) and (6) of Section 53 shall so far as may be applicable apply
in relation to such notice, as they apply in relation to notice under Section 53.

(2) Any person, who continues to carry out the development of land, whether for himself
or on behalf of the owner or any other person, after such notice has been served shall, on
conviction, [be punished with imprisonment for a term which may extend to three years
or with fine which may extend to five thousand rupees or with both]; and when the non-
compliance is a continuing one, with a further fine which may extend to one hundred
rupees for every day after the date of the service of the notice during which the non-
compliance has continued or continues.

Section 55 states about the removal and discontinuance of unauthorized temporary

development:

Notwithstanding anything hereinbefore contained in this Chapter, where any person has
carried out any development of a temporary nature unauthorisedly as indicated in sub-
section (2) of Section 52, the Planning Authority may by an order in writing direct that
person to remove any structure or work erected, or discontinue the use of land made,
unauthorisedly as aforesaid, within fifteen days of the receipt of the order; and if
thereafter, the person does not comply with the order within the said period, the Planning
Authority may request the District Magistrate or the Commissioner of Police, as the case
may be, [or authorise any of its officers or servants,] to have such work summarily
removed or such use summarily discontinued without any notice as directed in the order;
and any development unauthorisedly made again, shall be similarly removed or
discontinued summarily without making any order as aforesaid.
Q.8 Explain the provisions of adjudication of stamp duty under the Stamp Act?

Ans: It is an indirect tax collected by the State Government in Maharashtra. Stamp Duty is
payable under Section 3 of The Maharashtra Stamp Act. The amount of Stamp Duty payable
depends on type of documents. The Stamp Duty is calculated as per Schedule-I of The
Maharashtra Stamp Act. Stamp Duty is a statutory payment like Vat or Service Tax which
needs to be paid on all instruments chargeable to duty. Further it has to be paid on time to
avoid penalty. Insufficiently stamped documents are not admitted as evidence in the court.

Any instrument executed in the state of Maharashtra shall be liable for payment of Stamp
duty according to Section 3 of the Act at the rates provided in Schedule I of The Maharashtra
Stamp Act. Even instruments executed outside the State are liable to duty on their receipt in
the State, provided it relates to a property situated in the State or a matter or thing to be done
in the state. Even copy, extract, fax image of original instruments are chargeable to duty if
original instruments are not stamped or they are lost.

Adjudication of stamp duty means to pass a judgement or to adjudge how much stamp duty is
payable for the registration of a particular document. When the quantum of stamp duty is
variable and not fixed, it may often lead to confusion as to how much stamp duty is payable.
If the stamp duty is under paid, the document may not be admissible as evidence in a court of
law. Hence, to determine stamp duty payable, the government offers an adjudication service,
where the government officer examines the document and determines what amount should be
paid as stamp duty. This adjudication is final and binding on the government in the particular
matter and gives peace of mind to persons wanting to pay the correct amount.

Section 31 of the Maharashtra Stamp Act governs the adjudication of the stamp duty in
Maharashtra.
A document which is executed or not can be adjudicated upon. Similarly a document on
which stamp duty has been paid or had not been paid can both be adjudicated upon.

Supporting documents need to be submitted for adjudication of stamp duty

1. Application for Adjudication in the given format.

2. Application with Court Fee Stamp of Rs. 5 (in the form of court fee label)

3. Original document which is the subject of adjudication and a copy of the document
4. Papers/proofs showing the basis on which valuation/Stamp Duty should be calculated and
an affidavit to that effect, if needed.

Fee payable for adjudication

Rs. 100 are the fees for adjudication as per Article 31 of Maharashtra Stamp Act. The fees are
payable in cash at the counter of the Stamp Office.

Adjudication is done within 45 days of submitting the application along with fees and
required documents which substantiate the applicant's claim for determination of market
value and stamp duty.

A complaint can be filed with the Joint District Registrar (JDR) of the Stamp Office, who is
the person responsible for the adjudication.

The matter can be escalated to the Additional Controller of Stamps in Mumbai City and
Mumbai Suburban District.

Appeal for the adjudication of the Stamp Duty

If the valuation of the property is disputed, an Appeal under section 32 of the Maharashtra
Stamp Act can be made to the Additional Controller of Stamps in Mumbai and to the Deputy
Inspector General of Registration for rest of Maharashtra.

If classification of document or calculation of Stamp Duty is disputed an Appeal under

section 53 of Maharashtra Stamp Act to the Inspector-General of Registration and Chief
Controlling Revenue Authority can be made within 60 days of the order of adjudication.

If both, the Valuation and classification of document/Stamp Duty calculation are disputed, an
appeal to Chief Controlling Revenue Authority and Inspector-General of Registration can be
made.
Q.9 State the procedure for repairs or reconstruction of building which suddenly
collapse? Section 91 of MHADA?

Ans: "Structural repairs," as defined under section 2(36), refer to the necessary repairs or
replacement of decayed, cracked, or unstable structural components within common areas
such as staircases, passages, water closets, or privies. These repairs involve using new
materials similar to the original ones or different materials, and may include changing the
construction method (e.g., converting from timber-framed to reinforced concrete). The
purpose of these repairs is to prevent the building or any part of it from collapsing.

Additionally, structural repairs encompass fixing or replacing any other damaged items that
result from these primary repairs. This definition also extends to repairing or replacing the
roof and drain pipes (including house gallies) attached to the building to prevent further
damage. When the board carries out such repairs on a building, it is considered structurally
repaired under the Act.

The expression also includes repairs and replacement of all items which are required to be
repaired or replaced as a consequence of the above repair or replacement of the roof drain
pipes fixed to the building, which if not repaired or replaced simultaneously with structural
repair would cause further damage to the building. The term does not cover replacement of
tiles.

Section 75 of the Act provides that the power of the Board are to be exercised by its subject
to the superintendence, direction, and control of the Maharashtra Housing and Development
Authority (the Authority) established under section 3 of the Act.

The said authority may entrust to the Board, the task of framing and execution of schemes,
for building repairs or for re-construction of the buildings or for housing and rehabilitation of
occupiers without house, subject to such terms and conditions as it may think fit to impose
the Board.

Section 91 States about the procedure for repairs or reconstruction of building which
suddenly collapse.

1. In the event of a building collapsing or becoming uninhabitable due to factors such as

fire, torrential rain, tempest, or any other unforeseen circumstances, resulting in the
displacement of all or any of the occupants, the Board is mandated to provide
temporary accommodation to such individuals. This temporary accommodation will
 be allocated in buildings maintained by the Authority for such purposes, situated at
locations deemed suitable by the Board and to the extent it deems necessary.

2. If the Board believes a building can be repaired at a reasonable cost, they must
promptly initiate the repairs. The same rules regarding repairs apply as they do for
structural repairs in previous sections of this Chapter.

3. Where the whole building collapses or is rendered uninhabitable, or the Board is of

the opinion that the building is not capable of being repaired and rendered fit for
habitation at reasonable expense, the Board may move to the State Government to
acquire the property under the provisions of this Chapter and take necessary further
action to construct a new building on the site to accommodate the dishoused occupiers
and to provide accommodation for other purposes specified in sub-section (2) of
section 92.

4. The provisions of succeeding section shall apply mutatis mutandis to the acquisition,
reconstruction and rehabilitation of occupiers of such buildings.

5. If a building collapses and cannot be repaired, and the property isn't acquired by the
government, no new building plan on that land can be approved by the Mumbai
Corporation without a no objection certificate from the Board.

Q.10 Explain about compulsory registration as stated in the Indian Registration Act?

Ans: Section 17(1) of the act provides a list of seven documents of which registration is
compulsory. If such a document is not registered, it cannot affect any immovable property to
which it relates, nor can it be received as evidence of any transaction affecting such a
property.

The Registration Act of 1908 was enacted with the primary objective of creating a
standardized system of registration for documents related to the transfer, lease, or mortgage
of immovable property.
The act intends to maintain the credibility and authenticity of property transactions by
making the registration of specific legal documents such as sale deeds, lease deeds, and
mortgage deeds mandatory.

Section 17 of the Registration Act mentions many documents for which registration is
mandatory, which are as follows:

• Clause A of Sec 17 of the Registration Act states that “instruments of the gift of
immovable property” must be registered. This means that gift deeds relating to
immovable property must compulsorily be registered.

• Clause B of Sec 17 of the Registration Act mentions “other non-testamentary

instruments which purport 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.”

• Clause C of the Sec 17 of the Registration Act imposes the obligation to register “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.

• Clause D of the Sec 17 of the Registration Act imposes the same obligation upon
leases of immovable property that last for longer than a year or are established from
year to year.

• Clause E of Section 17 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.

• An authority to adopt son, not confirmed by will and executed on or after 1st January,
1872.

• A document containing a contract to transfer any immovable property for

consideration is such a document has been executed on or after the commencement of
the Registration and other related laws (Amendment) Act,1901.
Q.11 Explain section 88 & 89 of MHADA 1956?

Ans: "Structural repairs," as defined under section 2(36), refer to the necessary repairs or
replacement of decayed, cracked, or unstable structural components within common areas
such as staircases, passages, water closets, or privies. These repairs involve using new
materials similar to the original ones or different materials, and may include changing the
construction method (e.g., converting from timber-framed to reinforced concrete). The
purpose of these repairs is to prevent the building or any part of it from collapsing.

Additionally, structural repairs encompass fixing or replacing any other damaged items that
result from these primary repairs. This definition also extends to repairing or replacing the
roof and drain pipes (including house gallies) attached to the building to prevent further
damage. When the board carries out such repairs on a building, it is considered structurally
repaired under the Act.

The expression also includes repairs and replacement of all items which are required to be
repaired or replaced as a consequence of the above repair or replacement of the roof drain
pipes fixed to the building, which if not repaired or replaced simultaneously with structural
repair would cause further damage to the building. The term does not cover replacement of
tiles.

Section 75 of the Act provides that the power of the Board are to be exercised by its subject
to the superintendence, direction, and control of the Maharashtra Housing and Development
Authority (the Authority) established under section 3 of the Act.

The said authority may entrust to the Board, the task of framing and execution of schemes,
for building repairs or for re-construction of the buildings or for housing and rehabilitation of
occupiers without house, subject to such terms and conditions as it may think fit to impose
the Board.

Section 88 of the act states that Authorities of the Board to undertake the repairs of a
buildings when the board is satisfied that only occupied building is imminently likely to fall
unless repairs to render it fit and safe for habitation are urgently done for this purpose, the
Board may prepare a list of such buildings, setting out the order of priority or urgency and
undertake their repairs either simultaneously or in such order of priority as per the exigencies
of the case.

In case where:
 a) The cost of structural repair to a building calculated at a rate of per square meter is in
excess of the amount specified by the state government by notification in the official
gazette.
b) The cost of structural repair to a building would exceed above amount, but the size of
the land is such that it would not be possible or economically to erect a new building
there on as there is an adjoining building where the cost of structural repair would not
exceed the above amount.

Three options are given to the Board under Section 88:

1. The Board may decide not to repair such a building and issue a certificate to that
effect. A copy of such a certificate is to fixed in a conspicuous part of the building for
the information of all its occupiers.
2. The Board may in cases of special hardship decide to carryout structural repairs to
such a building on such terms and conditions as it may impose, although the cost of
such repairs is likely to exceed the limit referred above.
3. If the occupier of the building area agrees to bear the expenses (the excess cost) of the
building, the Board may carry out the structural repair if the occupiers abide by such
terms and conditions as are imposed by the board for the payment of the excess
amount to the Board.

Section 89 of the State about the Procedure before undertaking structural repair

a) 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 and ask the owners to
submit the suggestion and objection if any there to before the time specified in the
notice.
b) The notice also requires the owner to submit to the board in writing by the owner
stating: Names of the Occupier, Approx area and location of the premise, Rent,
compensation payable by each occupier.
c) 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 occupier thereof and for
giving them an opportunity to submit objections or suggestions, if any.
 d) 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 in the notice.
e) 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.
f) 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.
g) 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.
h) Any owner who refuses to furnish a statement as required by sub-section (1) or
intentionally furnishes a statement which is false in any material particular shall, on
conviction, be punished with fine which may extend to one thousand rupees.

Q.12 What are the Land Records? How the purchase is recorded in form VII/X11 (7/12)
extract of immovable property?

Ans: The expression land records mean records maintained under the provisions of or for the
purpose of this code and includes a copy of maps and plans or a final town planning scheme,
improvement schemes, or a scheme of consolidation of the holding, which has come into
force in any area under any law in force in the state and forwarded to any revenue or survey
officer under such law or otherwise.

The 7/12 extract (Satbara Utara) is an extract from the record of rights in a district of
Maharashtra which gives complete information about a given piece of land. It is so named
after forms which have to be filled to get this information under the Maharashtra Land
Revenue Record of Rights and Register

7/12 extract is a combination of two forms – Form No 7 (VII) and Form No 12 (XII). Form 7
gives the names of owners and occupants, their rights, and details about the plot and the crop.
Form 12 provides details about the agricultural aspects of land such as the type of crops
produced on the land, the cultivable land area and the uncultivable position.
The 7/12 extract is maintained by the revenue department of Maharashtra and Gujarat. The
7/12 Document is prepared by the Talathi and signed by the Tehsildar.

Typically a 7/12 extract contains:

a) Name of the Owner or Owners.

b) Types of the Land – whether agricultural or Non-agricultural.
c) Location of the Land.
d) Name of the cultivators if the owner of the land is not the cultivators.
e) What crops are grown on the land and whether the land is the single cropped or multi
cropped.
f) Details of the outstanding loans if any,
g) Details of pending litigation if any
h) Details of taxes paid or unpaid.
i) Easements over the land.
j) Survey number of the land.
k) Khata No.
l) Size of the land, village name.
m) Access of the road to the land.

The 7/12 extract can be used for various purpose:

1) To verify details about the piece of land before purchasing such land.
2) To look up and verify the ownership of ancestral land.
3) To find out the type of activities carried out on a piece of land.
4) To find out details of the agricultural and non-agricultural aspects of the land and its
surrounding areas.

Importance of 7/12 Extract

Following are some important uses of 7/12 extract:

Proof of ownership: The 7/12 extract acts as proof of ownership of the land and can be used
as evidence in court if there is a dispute over the ownership of the land.

Required for legal and financial transactions: The 7/12 extract is required for various legal
and financial transactions related to the land, such as buying or selling, taking a loan, and
transferring ownership.
Shows revenue and assessment details: The 7/12 extract shows the revenue and assessment
details of the land, which can be useful in determining the value of the land and calculating
the taxes that need to be paid.

Shows encumbrances and liabilities: The 7/12 extract also shows any encumbrances or
liabilities associated with the land, such as mortgages or liens, which can be useful in
determining the true value of the land.

Recording of Purchase of Land

The purchase of a plot of land is recorded in the 7/12 extract by adding the name of the new
owner to the document. The mutation number, which is a unique number assigned to each
change in ownership, is also updated.

Mutation Entry Is an entry from the register of mutation (village form – VI), showcasing how
a person acquired rights in a particular piece of land. Whether by – Transactions of purchase
or sale, Division (distribution) of land, Mortgage Deed, Tenancy Rights, Hereditary
succession Rights, Registered Lease, Gift, Adoption, Merger of Sub-section, Loan,
Maintenance, Donations, Administration, Relieving of Rights, compensation etc., By
Addition Deletion document, By order of civil or revenue court. Unless the entry in mutation
register is certified it should not be recorded in record of rights. Any pencil entry of mutation
number in the records of rights is endorsed, that would certainly mean that the entry is not
certified as per rule 13 of Maharashtra land revenue record of rights and registers (preparation
and maintenance) rules, 1971.

In the event of a change in ownership or other details of the land, the 7/12 extract must be
updated. process to update the 7/12 extract –

– Write a letter to the Talathi mention the jurisdiction of the area and the exact location of
land.

– Provide necessary details and records related to property ownership.

– Talathi will verify the documents and process the request.

– Talathi will make the necessary changes and update the register.
Q.13 Explain in detail permissible activities under CRZ Regulation?

Ans: The Coastal Regulation Zone is a zone that includes:

• The land area from the High Tide Line up to 500 meters on the landward side along
the seafront.
• The land area between the High Tide Line up to 100 meters or the width of the creek,
whichever is less on the landward side, along the tidal influenced water bodies that
are connected to the Sea.
• The land falling between the hazard line 500 meters from the High Tide line on the
landward side in the case of the sea front and between the hazard line and 100 meters
in the case of tidal influenced water body.
• The land area between the High Tide Line and Low Tide Line also known as the
intertidal zone.
• Water and bed area between Low Tide Line and territorial water limit (12 nautical
miles) in the case of the sea.
• The water and bed are between the Low Tide Line at the bank and the Low Tide Line
on the opposite side of the bank in the case of tidal influenced water bodies.

Permissible Activities in CRZ

▪ CRZ-I (ecologically sensitive areas like mangroves, coral reefs, biosphere reserves
etc.).

o No new construction shall be permitted in CRZ-I except

• Projects relating to the Department of Atomic Energy;

• Construction of trans-harbour sea link and roads without affecting the tidal flow of water,
between LTL and HTL. Etc.

o Between Low Tide Line and High Tide Line in areas which are not ecologically sensitive,
the following may be permitted;

• Exploration and extraction of natural gas;

• Construction of basic amenities like schools, roads, etc. for traditional inhabitants living
within the biosphere reserves;

• Salt harvesting by solar evaporation of seawater;

• Desalination plants;

• Storage of non-hazardous cargo such as edible oil, fertilizers within notified ports;

CRZ-II (Areas which are developed up to the shoreline and falling within the municipal
limits; includes built-up area – villages and towns are that are already well established),

• Buildings are permissible on the landward side of the hazardous line.

• Other activities such as desalination plants are also permissible.
• Some construction is permitted only as per guidelines specified by the notification.

CRZ-III: Areas that are relatively undisturbed and do not fall under either in Category I or
II and also include rural and urban areas that are not substantially developed.

• Between 0-200 metres from HTL is a No Development Zone where no

construction shall be permitted.
• Only certain activities relating to agriculture, forestry, projects of Department of
Atomic Energy, mining of rare minerals, salt manufacture, regasification of
petroleum products, non-conventional energy sources and certain public facilities
may be permitted in this zone.
• Between 200-500 metres of HTL, those permitted in 0-200 metres zone,
construction of houses for local communities and tourism projects are permissible.

CRZ-IV: The aquatic area from low tide line up to territorial limits is classified as CRZ-IV
including the area of the tidal influenced water body.

• There is no restriction on the traditional fishing undertaken by local communities.

• No untreated sewage or solid waste shall be let off or dumped in these areas.
Q.14 Which are the Documents not required to be compulsorily registered?

Ans: Section 18 of the act states about the documents which are optional for
registration:

m) 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;
n) 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;
o) leases of immovable property for any term not exceeding one year, and leases
exempted under section 17;
(ee) 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 a value less than one hundred rupees to or in immovable
property;
p) 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;
q) Wills;
(gg) notice of pending suits or proceedings referred to in section 52 of the Transfer
of Property Act, 1882 (1V of 1882) and;
r) all other documents not required by section 17 to be registered.

Case Law

Hand vs Hall

In this case the question before the court was whether a lease executed for a period of one
year, with an option on the lease to renew it for a further period of one year could be said to
be a lease for a term not exceeding one year. The court held that since the lease was for one
year only, unless the lessee exercises his option, no interest would be created in the property
for the following year. Hence the lease cannot be said to be a period exceeding one year.
Q.15 Critically analyse the activities which are not permitted in CRZ?

Ans: The Coastal Regulation Zone is a zone that includes:

• The land area from the High Tide Line up to 500 meters on the landward side along
the seafront.
• The land area between the High Tide Line up to 100 meters or the width of the creek,
whichever is less on the landward side, along the tidal influenced water bodies that
are connected to the Sea.
• The land falling between the hazard line 500 meters from the High Tide line on the
landward side in the case of the sea front and between the hazard line and 100 meters
in the case of tidal influenced water body.
• The land area between the High Tide Line and Low Tide Line also known as the
intertidal zone.
• Water and bed area between Low Tide Line and territorial water limit (12 nautical
miles) in the case of the sea.
• The water and bed are between the Low Tide Line at the bank and the Low Tide Line
on the opposite side of the bank in the case of tidal influenced water bodies.

Prohibited Activities in CRZ

• Setting up new industries and expansion of existing industries.

• Manufacture or handling of oil storage or disposal of hazardous substances.
• Setting up and expansion of fish processing units including warehouse.
• Land reclamation, bunding or distributing the natural course of sea water.
• Setting up and expansion of units or mechanism for disposal of waste and effluents
• Discharge of untreated wastes and effluents from industries, cities or towns and other
human settlements.
• Dumping of city or town wastes for the purpose of land filling.
• Port and harbour projects in high eroding stretches of the coast.
• Reclamation for commercial purpose such as shopping, housing complexes, hotels,
etc.
• Mining of sand, rocks and other sub-strata materials.
• Drawing of ground water and construction related thereto withing 200 meter of the
High Tide Line.
 • Construction activities in CRZ-1
• Dressing or altering the sand dunes, hills, natural features including landscape
changes for recreation etc.
• Facilities required for patrolling and vigilance activity of marine/coastal police station

Q.16 Explain the provision regarding the structural repairs & alternative
accommodation under MHADA?

Ans: The Maharashtra Housing & Area Development Authority (MHADA) was established
by the Maharashtra Housing and Area Development Act, 1976. It came into existence on 5
December 1977.

Govt. of Maharashtra passed the Bombay Building Repairs and Reconstruction Act in the
year 1969. Under the provisions of this Act, the Bombay Building Repairs and
Reconstruction Board was formed in the year 1971. A repair cess was levied on old
dilapidated tenanted buildings under the provisions of this Act. Thus, these buildings were
called cessed buildings.

Till 1977, this board was directly functioning under government. Subsequently this Act was
merged with the Maharashtra Housing and Area Development Act 1976 in December 1977.

The activities of the Board were assigned to the Mumbai Housing & Area Development
Board under Chapter -VIII of the MHAD Act - 1976.

Later on, the Mumbai Housing & Area Development Board was divided into three different
Boards in November 1992 under provision of Section 18 of the MHAD Act. The three Boards
that were formed are:

• Mumbai Housing and Area Development Board

• Mumbai Slum Improvement Board

• Mumbai Building Repair and Reconstruction Board.

Mumbai Building Repair and Reconstruction Board has been assigned to perform the duties
of carrying out structural repairs of old cessed buildings and their reconstruction by following
procedure laid down under chapter VIII and VIII 'A' of the MHADA Act 1976.
"Structural repairs," as defined under section 2(36), refer to the necessary repairs or
replacement of decayed, cracked, or unstable structural components within common areas
such as staircases, passages, water closets, or privies. These repairs involve using new
materials similar to the original ones or different materials, and may include changing the
construction method (e.g., converting from timber-framed to reinforced concrete). The
purpose of these repairs is to prevent the building or any part of it from collapsing.

Additionally, structural repairs encompass fixing or replacing any other damaged items that
result from these primary repairs. This definition also extends to repairing or replacing the
roof and drain pipes (including house gallies) attached to the building to prevent further
damage. When the board carries out such repairs on a building, it is considered structurally
repaired under the Act.

The expression also includes repairs and replacement of all items which are required to be
repaired or replaced as a consequence of the above repair or replacement of the roof drain
pipes fixed to the building, which if not repaired or replaced simultaneously with structural
repair would cause further damage to the building. The term does not cover replacement of
tiles.

Section 94 of the MHADA Act states about the Temporary and Alternative
Accommodation:

(1) Where the Board requires the occupiers of any building to vacate their premises to enable
it to construct a new building on the land acquired under this Chapter, the Board shall allot
temporary accommodation to such occupiers in any building maintained by it for such
purpose, at such places and to such extent as it deems fit The accommodation may not be in
the same locality or to the same floor area as the premises vacated by the occupiers.

(2) If the 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
temporary accommodation shall cease.

(3) Every occupier shall, with effect from the date on which the land vests in the authority,
until he vacates the premises pay the rent of such premises to the Board at the same rate at
which he was paying it (including the permitted increase, if any) to the owner.
(4) Where the temporary accommodation allotted to any occupier is accepted by him, he shall
pay to the Board on behalf of the Authority rent for such accommodation at such rate as the
Board may fix in this behalf.

1[(5) Subject to the provisions of this section, every occupier, whether or not he accepts
temporary accommodation, shall have right to get such accommodation in the new building
free of cost. Occupiers of the new building shall be required to form a co-operative housing
society under the Maharashtra Co-operative Societies Act, 1960. The ownership of the new
building shall then be transferred by the Board in the name of such co-operative housing
society of the occupiers.

(6) If the occupier of a new building, ‘after accepting and occupying the accommodation
allotted to him fails to become a member of the cooperative housing society formed by the
occupiers of such building within a period of three months from the date of allotment or the
date spec by the Board, the right of such occupier to get such accommodation shall stand
forfeited and the occupier, who is occupying the new accommodation, shall be liable for
eviction and the responsibility of the Board to provide him any accommodation shall cease.]

Q.17 Explain the procedure 51 & 52 of the Maharashtra Land Revenue Code 1966?

Ans: : Section 50 of the Maharashtra Land revenue Code deals with Encroachment on the
lands which have been vested in the hands of the State Government.

It provides that:

a) If any encroachment is being made on any land or foreshore vested in the state
government
b) If any land is being used for the purpose of hawking or selling articles without the
sanction of the concerned or competent authority.

The Collector is empowered to summarily abate or remove any such encroachment or the
articles exposed for sale to be removed. The expenses incurred for cush a process can be
recovered from the person in occupation of the land which is encroached upon or used for
hawking or selling articles.

Section 50 also imposes penalty which are as follows

1) the person who has encroached land must pay a) if the land encroached has an assessed
survey number, then the assessment will be calculated for the entire period of the
encroachment

b) the land encroached have not given a survey number then the amount of a penalty will be
calculated on the basis of calculation of the similar land under same occupation in the
particular area

2) An additional fine ranging from Rs. 5 to Rs. 1000 if the land is used for the agriculture
purposes and fine is not exceeding Rs. 2000 for non-agricultural purpose.

3) If the person ha been caught hawking or selling any articles, he is liable to pay fine not
exceeding Rs. 50 as may be determined by the collector.

The collector is also empowered by the notice to prohibit or require the abetment or removal
of any encroachment, on such lands from a date stated in such notice. If any person makes,
causes, permits or continues an encroachment after such date, he becomes liable in addition
to the fine referred above to pay an additional daily fine not exceeding Rs. 25 per day in case
if encroachment for agricultural purpose and not exceeding Rs. 50 per day in any other case.

Case Law

Babamia Shah Vs Tehsildar of Beed

As categorically stated by the Bombay High Court that the Maharashtra Land Revenue Code
1966 empowers the collector to abide and remove encroachments made on any land or
property which belongs to state government. however the collector has no power to remove
any encroachment by a private person or on a private property.

Regularization of Encroachment (Section 51 and Section 52)

A provision has also been made in Section 51 of the code for regularisation of
encroachments. If the person is guilty if encroachment is ready to pay a sum not exceeding
five times the value of the encroached land and an assessment not exceeding five times the
ordinary land revenue, then the collector may make a grant of such land to the encroachers on
such terms and conditions as may be imposed by the collector in accordance with the rule
made in this behalf. Such a person name is then to be entered in the land records. However
this cannot be done unless public notice is given of such a proposed regularisation and all
objections and suggestion have been considered by the collector. The expenses of the public
notice are to be paid by the person making the encroachment, and if not paid within
reasonable time, can be recovered from him as arrears of land revenue.

Case Law

Maharashtra Land Development Corporation vs. State of Maharashtra

The Supreme Court has observed that the principle of proportionality and the doctrine of
public trust would require that the court necessarily examines the advantages and
disadvantages of any administrative action that is challenged before it, when the
administrative power exercise a discretionary power it has always established that its decision
is balanced and in proportion to the object of the power conferred on it.

Section 52 of the code states that the property or a land which is to be sold or auctioned,
should not exceed five times of the value of the encroached land. Also it is very important to
note that to calculate the amount on market value survey number is required and if there is no
survey number than the survey number of neighbourhood land will be taken into
consideration for calculating market value of encroached land.

The collector decision with regards to the value of the land and the assessment which payable
by the encroachers it is declared to be final and conclusive.

Q.18 Explain the effect of registration and non-registration of a document? What is the
time to register documents and the time in which a registered document operates?

Ans: Section 47 of the Act clarifies that a registered document operates not from the date of
its registration, but from the date on which it would have commenced to operate if its
registration was not requested.

Illustration: Thus on 1st April, A and B sign a conveyance which contains a provision that it
shall come into operation immediately on its execution. This document is registered under
Act on 15th June. The date on which the conveyance come into operation is 1st April and not
15th June.

Section 48 of the act provides that all non-testamentary documents which relate to property,
movable or immovable and which are duly registered under the Act, take effect against any
oral agreement or declaration accompanied by delivery of possession of the property and the
same constitutes a valid transfer under the law.
Section 49 of the act lays down the effect or legal consequence of non-registration of a
document which is required to be registered either by section 17 of the act or under any
permission of the Transfer of Property Act, 1882, but is not so registered.

Two main consequences of such non-registration are as follows:

a) Such a document cannot affect any immovable property comprised in the document.
b) Such a document cannot be received as evidence of any transaction affecting such
property.

In such a case non registered document is a power to adopt, it does not confer any power to
adopt, nor can it be received in evidence as conferring such power.

As far as receiving an unregistered document in evidence in concerned, two exceptions are

contained in section 49 of the Act, which provides that if there is an unregistered documents
affecting immovable are required to be registered under Registration Act or the Transfer of
Property Act, it may be received:

a) As evidence of a contract in a suit for specific performance under chapter 11 of the

specific relief Act, 1877.
b) As evidence of any collateral transaction which is not required to be affected by a
registered document.

Case Law

P.S. Reddy vs. C.V. Raman

The Andhra Pradesh High Court has held that there is no prohibition on receiving an
unregistered document in evidence under section 49 of the Act. All that is laid down is
that such a document cannot validly affect immovable property. It can also be received in
evidence for a collateral purpose. Such a document can also be set up as evidence of the
resolution of a dispute.

Time for Registration of Documents

The Registration Act of 1908 is a legislative enactment in India that prescribes the mandatory
registration of various documents related to immovable property.

The statute sets forth significant provisions governing the registration process, including the
requirement to register certain legal instruments, appointment of Registrars to oversee
registration, payment of fees for registration, legal presumptions regarding registered
documents, and the public inspection of registered documents.

The Registration Act of 1908 was enacted with the primary objective of creating a
standardized system of registration for documents related to the transfer, lease, or mortgage
of immovable property.

The act intends to maintain the credibility and authenticity of property transactions by
making the registration of specific legal documents such as sale deeds, lease deeds, and
mortgage deeds mandatory.

Time for registration of documents

According to Section 23 of The Registration Act, 1908, all documents except a will have to
be presented for registration within 4 months from the date of execution. If a document is
executed by several persons at different times, then that document has to be presented for
registration and re-registration within 4 months from the date of each execution (Section 24
of The Registration Act, 1908).

If due to any urgency or unavoidable accident, any executed document or a copy of decree or
order is not presented within 4 months but it is presented after its expiry will be accepted for
registration provided that 10 times the amount of registration fees is paid and delay in
presentation does not exceed 4 months.

Application for such a step has to be made to Sub-Registrar who will forward such
application to the Registrar to whom he is a subordinate (Section 25 of The Registration Act,
1908). If a document is executed outside India by any or all of the parties and is presented
after expiry 4 months then it will be accepted for registration provided that it was executed
and presented for registration within 4 months after its arrival to India (Section 26 of The
Registration Act, 1908).

Case Law

In Narinder Singh Rao v. Air Vice Marshal Mahinder Singh Rao (2013) settled by Supreme
Court, the Appellant’s father wrote on a piece of paper that his wife would inherit the
property on his death. It was signed by a single witness and was not registered. After the
father’s death, his widow executed a will, transferring the entire property to only one of her
nine children. The aggrieved siblings challenged the mother’s will in court, stating that she
had not inherited the entire property because the father’s will was invalid. The argument was
accepted, stating that for a will to be valid, it must be attested by two witnesses. Besides, it
could not be held as a valid transfer of property as it was not registered under the Indian
Registration Act, 1908.

So, the Supreme Court held that the rule of succession would apply in dividing the property
as the father’s will was invalid. This case recapitulated two rules which have been clearly set
out in legislation. They are:

1. The proper attestation of wills and

2. The registration of documents.

Q.19 What is meant by stamp duty and who makes rules for it? What happens if
instrument is not adequately stamped?

Ans: The Bombay Stamp Act of 1958, now known as the Maharashtra Stamp Act of
1958, governs stamp duty in Maharashtra. The act applies to agencies that pay stamp duty to
the state and covers 62 articles in Schedule I that cover various types of documents. The
amount of stamp duty on a property depends on several factors, including: Location, Total
cost of the transaction, and Whether the property is located in urban or rural areas.

The state government makes rules for the Bombay Stamp Act, 1958.

It is very important to note that stamp duty is on an instrument and not on a transaction.

S. 3 of the Act levies stamp duty at the rate provided in Schedule I on any instrument
executed in the State. Even instruments executed outside the State are liable to duty only on
their receipt in the State, provided it relates to a property situated in the State or a matter or
thing to be done in the State.

An instrument covering or relating to several distinct matters is chargeable with the aggregate
amount of duty with which each separate instrument would have been chargeable.

In case an instrument is so drafted that it is covered within the ambit of more than one Article
under Schedule I, then it shall be taxed by that Article which levies the highest amount of
stamp duty.
The term “Instrument” has been defined to include every document by which any right or
liability is or purports to be created, transferred, limited, extended, extinguished or recorded.

Section 17 of the Act provides that all instruments chargeable with duty and executed in
Maharashtra should be stamped before or at the time of execution or immediately thereafter
or on the next working day following the date of execution. Instrument executed only out of
Maharashtra may be stamped within three months after it is first received in State.

Stamp duty is payable at rates mentioned in Schedule I. Depending upon the Instrument, it
may be based upon the market value, area, or various other criteria. In case of instruments
which are based upon market value of the property, the term in relation to any property which
is the subject matter of an instrument, means the price which such property would have
fetched if sold in open market on date of execution of such instrument or consideration stated
in the instrument whichever is higher. The stamp office determines the market value of the
property by referring to an Annual Statement of Rates (commonly known as Stamp Duty
Ready Reckoner) which gave the Market Values of various immovable properties in Mumbai.
The Reckoner divides the immovable property into various categories such as developed
land, undeveloped land, residential units, industrial units/office, shops, etc., and fixes their
market value accordingly.

Any person can apply to the Collector of Stamps for adjudication of the stamp duty payable
on the instrument who shall determine the duty, if any with which the instrument shall be
chargeable. It may be noted that now adjudication is compulsory in all cases where an
instrument requires registration as the Registrar of Sub-Assurance insists upon the same. The
instrument should be brought to the Collector within 1 month of execution of such instrument
in the State and within 3 months from date of receipt of such instrument in the State. When
Registrar of sub-registrar Assurance determine proper value, there is no need for adjudication.

An instrument that is not adequately stamped is not admissible as evidence, even with the
consent of both parties. The collector may impose a penalty, such as paying the insufficient
stamp duty and a fine of Rs. 500 or up to 10 times the insufficient stamp duty. The collector
also has the power to punish, impose a fine, and forfeit the property
Q.20 Under MLRC 1966, explain record of rights and the purpose of maintaining these
records? Explain with Example?

Ans: Section 149 of Maharashtra Land Revenue Code 1966 provided that if any person
acquires any rights as a holder, occupants, owner, mortgage, land lord, government lessee,
tenant of any land situated in any part of Maharashtra, he must report orally or in writing his
acquisition of such right within three months to the Talathi who must give a written
acknowledgement thereof to that person.

This obligation is imposed irrespective of whether such a person has acquired the right by
succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise.

If the person acquiring such right is a minor or is otherwise disqualified, the report may be
made to the Talathi by his guardian or other person having the charge of his property.
However, if such a right is acquired with the permission of the document, no report needs to
be made to the Talathi.

Section 148: A record of rights is to be maintained in every village and the same must
contain the following five particulars:

a) The names of all persons (other than tenants) who are holders, occupants, owners or
mortgagee of the land or the assignee of the rent or revenue of the land.
b) The names of all persons who are holding the land as government lessee or tenants,
including tenants within the meaning of the relevant tenancy laws.
c) The nature and extent of the respective interest of the people mentioned in clause a)
and b) above and the conditions and liabilities, if any attaching thereto.
d) The rent or revenue, if any, payable, by or to any of the persons mentioned above.
e) Such other particulars as the state may prescribed by rules, either generally or for the
purpose of any specified area.

The expression land records mean records maintained under the provisions of or for the
purpose of this code and includes a copy of maps and plans or a final town planning scheme,
improvement scheme or a scheme of consolidation of the holdings which has came into force
in the state and forwarded to any revenue or survey officer under such law or otherwise.
Q.21 Write the procedure for obtaining sanad?

Ans: A grant of Sanad is an authority which is received from the State and that to in writing.
Sanad is an authorising act given to a person to hold a land for specific mentioned time and
tenure in that particular Sanad. The provision relating to Sanad apply to all lands situated in
the village, town or city in Maharashtra.

When there is a conversion of Land from one purpose to another wherein the land is allowed
to use for Non-agricultural purpose. Permission is required from the collector for the same, a
written Sanad will be given or granted in a prescribed form to the holder of the land.

Section 126 of Maharashtra Lande Revenue Code 1966 lays down how survey of lands in
village is conducted and how the record of this surveys are preserved and recorded in the
prescribed manner in relevant maps and registered each owner of the land is entitled to
receive one more sanad from the collector which is given in part C of the Act.

The condition of holding a sanad contains:

a) Information with regards to the Land its plan and area.

b) Assessment of land.
c) Tenure on which the particular site is held and the terms
d) Whether the holding is transferable or heritable.

Section 127 states that if survey fee is paid no need to pay the sanad fees to acquire the
Sanad and if the survey fee is not paid than the amount of Rs.1 is to be paid to the
collector to get the sanad.

Section 129 states that if sanad is already sanctioned by collector and not collected by
owner within one year than additional fine of Rs.100 will be levied.

Section 131 of the Maharashtra Land Revenue Code, 1966 states that a duplicate sanad
can be granted if the original sanad has been lost or destroyed. The applicant must inform
the Collector, and the sanad will be marked "Duplicate" in red ink, and the applicant will
be charged a fee.

Correction fee: if there is any correction in sanad a nominal correction fee is charged and
which is to be paid to the collector to issue new sanad.
 Section 257 states that the terms of occupancy in the sanad cannot be altered and same
binding on the owner as well as the state government of the land. If however there is a
mistake in Sanad it can be rectified.

Q.22 Whenever, it appears to the appropriate government that land in any area is
required or likely to be required for any public purpose for acquisition? Explain
procedure stepwise?

Ans: In India, land acquisition is a process through which state or union government acquires
the private land for various public purposes which may include acquisition for urbanization,
development of infrastructure or industrialization of private property and compensation is
provided to the landowner whose property is acquired.

Land Acquisition is simply the process by which the Government can acquire private
land. This may include any other private property. It is usually done for the purpose of public
work building infrastructure, urbanisation, development and industrialisation. Government
can also acquire land for private firms for setting up factories or other industrial setups.
Purchase of land is a contract between willing buyer and willing seller, while in case of land
Acquisition the land owner has no choice. This is the reason right to property is not a
fundamental right.

Public purpose has been defined in the act and includes infrastructure, defence, development,
agriculture and allied industries, industrial corridors, mining, manufacturing zones, housing,
and other projects.

Section 3(f) of The Land Acquisition Act defines public purpose as the expression public
purpose includes-

(i) the provision of village-sites, or the extension, planned development or improvement of

existing village-sites;

(ii) the provision of land for town or rural planning;

(iii) the provision of land for planned development of land from public funds in pursuance of
any scheme or policy of Government and subsequent disposal thereof in whole or in part by
lease, assignment or outright sale with the object of securing further development as planned;

(iv) the provision of land for a corporation owned or controlled by the State;
(v) the provision of land 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 Government, any local authority or a
corporation owned or controlled by the State;

(vi) the provision of land for carrying out any educational, housing, health or slum clearance
scheme sponsored by Government or by any authority established by Government for
carrying out any such scheme, or with the prior approval of the appropriate Government, by a
local authority, or a society registered under the Societies Registration Act, 1860 (21 of
1860), or under any corresponding law for the time being in force in a state, or a co-operative
society within the meaning of any law relating to co-operative societies for the time being in
force in any State;

(vii) the provision of land for any other scheme of development sponsored by Government or
with the prior approval of the appropriate Government, by a local authority;

(viii) the provision of any premises or building for locating a public office, but does not
include acquisition of land for companies.

Appropriate government can acquire the Land for public purpose under the Land
Acquisition Act 1894 in the following 8 steps:

1. Preliminary Survey: The Collector will appoint the Officer to conduct a survey on the
land which is to be acquired by the Government for the Public Purpose (preliminary
survey if done only in the state of Maharashtra).

2. Notification: Collector may order the officer to issue a public notification in a two
daily Local Newspaper which is to be in Regional Language and one in English
Language, The notification puts forward the intention of the government to acquire
and entitles government officials to investigate and ascertain whether the land is
suitable for the purpose.

3. Filing of Objection: Owner, Occupier and all the people who will be suffering at large
will notify the collector within 30 days from the date of publication, Every objection
shall be made to the Collector in writing, and the Collector shall give the objector an
opportunity of being heard or by pleader and shall, after hearing all such objections
and after making such further inquiry, if any, as he thinks necessary, [either make a
 report in respect of the land which has been notified under section 4, sub-section (1),
or make different reports in respect of different parcels of such land, to the appropriate
Government, containing his recommendations on the objections, together with the
record of the proceedings held by him, for the decision of that Government]. The
decision of the [appropriate Government] on the objections shall be final.

4. Declaration: After the clearance of all the objections raised by the Owner, Occupier,
and all the people suffer at large within one year of publication, the Collector will
issue a new publication for the same and declaration that the land is acquired for the
Public Purpose.

5. Direction to the Collector that Land to be marked out, measured and Planned: The
Appropriate government will order the Collector to mark the boundary, fencing, board
mark, measure the land and plan.

6. Notice to the Interested person: A notice is given by the Collector to the interested
person (Construction or Development Company) to issue Tender Notice, Layout plan,
blue print, quotation Etc.

7. Enquiry and Award: if at any stage of the proceedings, the Collector is satisfied that
all the persons interested in the land who appeared before him have agreed in writing
on the matters to be included in the award of the Collector in the form prescribed by
rules made by the appropriate Government, he may, without making further enquiry,
make an award according to the terms of such agreement. The Collector shall make an
award under section 11 within a period of two years from the date of the publication
of the declaration and if no award is made within that period, the entire proceeding for
the acquisition of the land shall lapse.

8. Taking of possession and paying compensation: When the amount of such

compensation is not paid or deposited on or before taking possession of the land, the
Collector shall pay the amount awarded with interest thereon at the rate of [nine per
centum] per annum from the time of so taking possession until it shall have been so
paid or deposited: [Provided that if such compensation or any part thereof is not paid
or deposited within a period of one year from the date on which possession is taken,
interest at the rate of fifteen per centum per annum shall be payable from the date or
expiry of the said period of one year on the amount of compensation or part thereof
which has not been paid or deposited before the date of such expiry.]