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Clarification on Maharashtra Government Gazette of Amendment

in Maharashtra land revenue code 1966 .


Section 42 A notes
Sub Section 1
1- this is applicable to class 1 occupants and if we are the
absolute owner of the land without any restriction the
government then we are class 1 occupants
2- sub sec 1 (a) is applicable to class 1 occupants wherein no
permission from collector is required for change in use of
land from agricultural use to non agricultural use subject to
following conditions
a) that the holder of land should be class 1 occupant
b) non agriculture purpose of use should be same which is
according to development plan or draft development plan.
c) on other hand it imposes duty upon planning authority to
confirm from revenue authority following things
1. class of land
2. type of occupancy
3. encumbrances if any
after confirming above things then planning authority
should grant development permission according to
provision of MRTP Act
Sub Section 2
The person getting permission as above shall inform in
writing Talathi and Tehsildar within 30 days from the date
on which the change of use has started
Sub Section 3
Any person failing to inform talathi and tehsildar shall be
liable to pay non agricultural assessment in addition to
penlty of Rs 25,000/- or 40 times of N.A assessment which
is higher.

Sub Section 4
After receipt of information as to obtaining of development
permission and on payment of conversion tax as per rate
fixed the revenue authority shall grant of sanad in
prescribed form in case of delay in issuing sanad authority
should record reason for the same.
This is summary notes for aforesaid amendment Act
Alpesh Thakkar
Advocate

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