The document discusses various legal provisions related to obtaining permission for non-agricultural use of land under the Maharashtra Land Revenue Code, 1966. Section 42 requires permission from the Collector to use agricultural land for non-agricultural purposes or to change the existing non-agricultural use. Sections 42A, 43, 44, 44A, 45, 47A, 68, 69, 109, 110, 111, 112, 114, and 117 outline further restrictions and procedures for obtaining permission and determining non-agricultural land assessments. The document also describes the application process and required documents for obtaining permission to convert land use under Section 44.
3. Legal Provisions Sec 42
• Permission for non agriculture use
Sec 42A – No permission required for change of use of land situated in area covered by DP
( Amendment 22 August 2014)Sec 43- Restriction on useSec 44 – Procedure for
conversion of use of land from one purpose to anotherSec 44 A – no permission required
for bonafide industrial use of landSec 45 – Permission for so using land without
permissionSec 47 A – liability of payment of conversion tax by holder for change of use of
landSec 68-Assessment by whom to be fixedSec 69- Settlement of assessment to be
made with holder directly from state Government5/22/2018Sachin Kalantre
4. Sec 42 - Permission for non-agricultural use
• No land used for agriculture shall be used for any non-agricultural purpose; and no land
assessed for one non-agricultural purpose shall be used for any other non-agricultural
purpose or for the same non-agricultural purpose but in relaxation of any of the
conditions imposed at the time of the grant or permission for non-agricultural purpose,
except with the permission of the Collector. 4 sec43.- Restriction on use.
Subject to the rules made by the State Government in this behalf the Collector or a
Survey Officer may regulate or prohibit the use of land liable to the payment of land
revenue for purposes such as, cultivation of unarable land in a survey number assigned
for public purpose, manufacture of salt from agricultural land, removal of earth, stone,
kankar, murum or any other material from the land assessed for the purpose of
agriculture only, so as to destroy or materially injure the land for cultivation, removal of
earth, stone (other than loose surface stone), kankar, murum or any other material from
the land assessed as a building site, excavation of land situated within a gaothan; and
such other purposes as may be prescribed; and may summarily evict any person who
uses or attempts to use the land for any such prohibited purpose. 5 Legal Provisions Sec
109 –NA assessment of lands to be determined on the basis of NA use and having regard
to urban and non urban areas
5. Sec 42 - Permission for non-agricultural use
• Sec 110 – Procedure for determining non agricultural assessment in
non urban areas Sec 111- Procedure for determining non agricultural
assessment in urban areasSec 112 – non agricultural assessment not
to exceed three per cent of full market valueSec 114 – Rate of
assessment of lands used for NA purposeSec 117 – lands exempted
from NA assessment5/22/2018Sachin Kalantre 6 Form of application
for permission to convert use of land
Every application for permission for the conversion of use of land
from one purpose to another as provided in Section 44 is required to
make in the form in Schedule I to the Collector.
6. • 7 Document required to be attached with the Application Form
Prescribed form duly filled in duplicate with court fee stamp of rupees
5/-POA for processing applicationExtract of V.F. 7/12 and its 4 zerox
copies,Copies of the all the relevant mutation entries (V.F. 6)
pertaining to land in question….one set,If record is not available in
revenue office, a certificate from the Revenue Officer stating their in
that the same is not available with him. (Talathi or Tahasildar as the
case may be),Extract of village form 8 A….one copy,Certified copies of
the land map from the Taluka Inspector, Taluka Land Record Office,8
copies of site plan and 8 copies of *building plan (*if permission is
asked for constructing building),
Sec 42 - Permission for non-agricultural use
7. • If the land is not abutting to any classified road and right of way over the
boundaries of other survey number/Gat number is acquired, then extract
of the relevant V.F.7/12 and V.F. 6 ,If the land in question is abutting EW, NH
or SH, copy of the NOC from Highway Authorities or other appropriate
authority,NOC from concern Grampanchyat/Municipal councils,If the N.A.
permission is already granted and application is to be made for change of
use of land, then copy of the NA order and sanctioned plan is to be
attached, If the land is attracting provisions of Bombay Tenancy and
Agricultural Lands Act, 1948 then the Sale Permission received under
section 43/63,No dues certificate from farmer’s co-op society, Certificate
received from the Talathi & SLAO stating therein that the land in the
question is not under acquisition.Any other documents such as NOC and
clearance certificate etc, if the land attracts provisions of some other law
Sec 42 - Permission for non-agricultural use