LAND USE, GRANT, ENCROACHMENT AND

RELINQUISHMENT
Write Introduction, Salient Features, Land Revenue Administration and Revenue
Division from the answer on Revenue Officers
Definition of Land
Land means the surface of the earth. In legal term land has vast meaning. It includes everything:

i. upon the surface of land

ii. Under the surface of land

iii. above the surface of the land

Under the MLRC, Section 2(16) defines land as

Land includes benefits to arise out of land, and things attached to the earth, or permanently
fastened to anything attached to the earth, and also shares in or charges on, the revenue or
rent of villages, or other defined portions of territory.

Thus under the MLRC, land consists of the following

i. Benefits arising out of land;

ii. Things attached to the earth or permanently fastened to anything attached to the earth
iii. Shares in the revenue or rent of villages, or other defined portions of territory; or charges
on the same.

This definition is similar to the definition to the definition of Immovable property under Section 3 of
the General Clauses Act. The only difference is that in addition to the elements of an immovable
property, the definition of land under the MLRC also includes shares in or charges on the revenue or
rent of villages, or other defined portions of territory.

In Rangiladar Varajdas v. Collector of Surat [AIR 1961 SC 291] it was held that all lands include
unalienated lands as well as alienated lands. They also include alluvion, pardi, wada, gaothan, and
lands used for agricultural or non-agricultural purposes.

Title of State in all lands, public roads, etc., which are not property of
others
As a general rule, section 20 of the Code provides that all public roads, lanes and paths, the bridges,
ditches, dikes and fences on, or beside, the same, the bed of the sea and of harbours and creeks below
the high water mark, and of rivers, streams, nallas, lakes and tanks and all canals and watercourses,
and all standing and flowing water, and all lands wherever situated, which are not the property of
persons legally capable of holding property, and except in so far as any rights of such persons may be
established, in or over the same, are hereby declared to be the property of the State Government along
with all rights in or over the same, or relating thereto.

Since State is declared to be the owner of all lands which are not the properties of any other persons, it
is therefore lawful for the Collector, subject to the order of the Commissioner, to dispose of such land
owned by the State in such manner as may be prescribed by the State Government in this behalf,
subject always to the rights of way, and all other rights of the public or of individuals legally
subsisting.

GRANT OF LAND
Classes of Persons holding lands [Section 29]
The MLRC provides for three classes of persons holding lands from the State

1. Occupants Class I
2. Occupants Class II
3. Government lessees.

Occupants Class I
Occupant means a holder in actual possession of unalienated land, other than a Government lessee. If
the person in actual possession of a land is a tenant, then the landholder or the superior landlord is
deemed to be the occupant.

The name of the occupant is entered in respect of the land held by him in the record of rights and he is
primarily responsible for the payment of land revenue.

Occupants Class I consist of the following persons

(i) Persons who hold unalienated land in perpetuity and without any restrictions on the right to
transfer,
(ii) Persons who, immediately before the commencement of this Code, hold land in full
occupancy or Bhumiswami rights without any restrictions on the right to transfer
(iii) Persons who are holders of land in Bhumidhari rights in any local area in Vidarbha and are
permitted hereafter on payment of a premium to be included in OccupantsClass I.

Thus Occupant class I essentially refers to land whose ownership was vested even before British land
surveys were conducted, or before inherited land were given by the government. Occupancy Class I
tenure is also known as old tenure.

Occupants Class II
Occupants Class I consist of the following persons

(i) Persons who hold unalienated land in perpetuity subject to restrictions on the right to
transfer.
 (ii) Persons who, immediately before the commencement of this Code, hold land in occupancy
rights or Bhumiswami or Bhumidari rights with restrictions on the right to transfer
(iii) Persons who, before the commencement of this Code, have been granted rights in unalienated
land under leases which entitle them to hold the land in perpetuity, or for a period not less
than fifty years with option to renew on fixed rent, under any law relating to land revenue and
in force before the commencement of this Code.

Thus Occupancy Class II refers to land given out to categories like the landless farmers with curbs
on transfer, sale and change of use. Occupancy Class II tenure is also known as new and impartible
tenure. Therefore it can be seen that the major difference between Class I and Class II occupancy is
only with regard to the right to transfer the land.

Government Lessees
Section 2(11) defines a Government lessee means a person holding land from Government under a
lease as provided by section 38.

Since State is declared to be the owner of all unoccupied lands, the Collector is empowered to lease at
any time under grant or contract any unalienated unoccupied land to any person, for such period, for
such purpose and on such conditions as he may determine, subject to rules made by the State
Government in this behalf.

In such case the land shall be held only for the period and for the purpose and subject to the
conditions so determined. The grantee shall be called a Government lessee in respect of the land so
granted.

Occupancy to be transferable and heritable [S. 36]

Subject to section 72 of the Code and any other condition lawfully attached to the tenure, an
occupancy shall, and save as otherwise provided by law, be deemed an heritable and transferable
property.

Occupants rights are conditional [S. 37]

Occupancy rights granted by the State Government are not absolute. The occupant is entitled to the
use and occupation of his land subject to the condition that he pays the amount due on account of the
land revenue for the same under to the provisions of the MLRC or any Rules made thereunder or any
other law for the time being in force. The occupancy may further be subjected to other such terms and
conditions that may be lawfully annexed to such holding of land.

Alluvial Land [Separate Short Note]

The land which is found adjacent to the river course and made up from the changing course of the
river, is known as alluvial land. Such land is added to the pre existing land due to deposition of
alluvium. This leads to increase in the area of the land situated at the bank or the shore. This land is
not recorded in the name of individuals or village. It is under the purview of the Collector who can
dispose off the land.

According to rule 2 of the Maharashtra Land Revenue (Alluvion and Diluvion) Rules, 1967, it shall
be the duty of every Talathi to ascertain and report to the Tahsildar the increases due to alluvion and
losses due to diluvion, in every holding subject to such changes.

Temporary right to alluvial lands to small extent [S. 33]

S. 33 provides that when alluvial land forms on any bank or shore, the occupant, if any, of such bank
or shore, shall be entitled to the temporary use thereof unless or until the area of the same exceeds one
acre. That is, if there is an increase in the land situated at a river bank or shore due to deposition of
alluvium, the occupant of such bank or shore is entitled to use the said increased land till the time
such increase does not exceed one acre. When the area of the alluvial land exceeds one acre, it shall
be at the disposal of the Collector subject to the provisions of section 32.

Grant of Alluvial Land vesting in Government [S. 32]

Section 32 of the MLRC provides that When it appears to the Collector that any alluvial land, which
vests under any law for the time being in force in the State Government, may with due regard to the
interests of the public revenue be disposed of, he shall, subject to the rules made by the State
Government in this behalf, offer the same to the occupant (if any) of the bank or shore on which such
alluvial land has formed.

The price of the land so offered shall not exceed three times the annual assessment thereof. If the
occupant does not accept the offer, the Collector may dispose of the land without any restrictions as to
price.

Liability of Alluvial Lands to Land Revenue [S. 65]

All alluvial lands, newly-formed islands, or abandoned river-beds which vest under any law for the
time being in force in any holder of alienated land, shall be subject in respect of liability to the
payment of land revenue, to the same privileges, conditions, or restrictions as are applicable to the
original holding in virtue of which such lands, islands, or river-beds so vest in the said holder. But no
land revenue shall be leviable in respect of any such lands, islands or river-beds until or unless the
area of the same exceeds one acre and also exceeds one-tenth of the area of the said original holding.

OF USE OF LAND
Use of Land held for Agricultural Purposes [S. 41]
Subject to the provisions of section 41, the holder of any land assessed or held for the purpose of
agriculture including his servants, tenants, agents or other legal representatives may use the land for
the following purposes

i. to erect farm building,

 ii. construct wells or tanks
iii. or make any other improvements thereon for the better cultivation of the land,
iv. or its more convenient use for the purpose aforesaid

Permission for non-agricultural use [S. 42]

No land used for agriculture shall be used for any non-agricultural purposes. That is, such land cannot
be used for any purpose other than those mentioned in Section 41. Similarly 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 of
permission for non-agricultural purpose.

In order to carry out such change in use of the land, the occupant is required to obtain the permission
of the Collector. However such permission such permission shall not be necessary for conversion of
use of any agricultural land for the personal bona fide residential purpose in non-urban area.

Restriction on Use [S. 43]

The Collector or the Survey Officer is empowered to regulate or prohibit the use of land subject to the
rules made by the State Government. Examples of such prohibited use are

i. cultivation of unarable land in a survey number assigned for public purpose,

ii. manufacture of salt from agricultural land,
iii. excavation of land situated within a gaothan

If a person who has used or is attempting to use land for such prohibited purposes as stated in the
section, the above officers have discretionary powers to evict such person.

Procedure for conversion of use of land from one purpose to another [S. 44]
The procedure for conversion of use of land from one purpose to another has been provided under
section 44 of the MLRC and the Maharashtra Land Revenue (Conversion of Use of Land and Non-
Agricultural Assessment) Rules, 1969.

Under section 44 of the Maharashtra Land Revenue Code 1966, before carrying out any development
on the land, an eligible person has to apply to the collector for the permission to convert the use of
agricultural land for any non-agricultural purpose, or to change the use of land from one non-
agricultural purpose to another non-agricultural purpose.

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. Along with the
application the applicant must annexe the following documents
 i. a certified copy of record of rights in respect of the land as it existed at the time of
application.
ii. a sketch of lay-out of the site in question (in triplicate) showing the location of the proposed
building or other works for which permission is sought and the nearest roads or means of
access.
iii. Written consent of the tenant/superior holder/occupant

Additionally, the applicant must also furnish information relating to the area and location of the land,
his nature of occupancy (whether Occupant Class I or Class II or a tenant or Government lessee), the
present use of the land; whether the land is situated in any special zones; whether the land is under
acquisition etc.

Acknowledgment of Application and conducting enquiry by Collector

Upon receipt of the application, the Collector shall acknowledge the application within seven days. If
the application is made by a person who is not eligible under the Code to make such application, or if
the application is not in the prescribed form, then the Collector may return the application.

If the application is not rejected, then the Collector shall conduct due enquiry into the application and
verify the contents of the application, along with the documents annexed thereto.

1. The Collector has to send a copy of one application form to the concerned Tahasildar for
collecting detailed information of the land in question.

2. If the area is within the jurisdiction of a Municipal Corporation or Municipal Council,

the Collector consults them with reference to acquiring the building permission.

3. When there is no Municipal Corporation or Municipal Council, the applicant has to submit a
No Objection Certificate to the Collector, which is to be acquired from the Gram Panchayat
of the village, for the change of use of land.

4. If the land falls within the limit of any Regional Plan prepared under provisions of MRTP Act
1966, the Collector shall grant permission in confirmative to Development Control
Regulations prepared by planning authorities and special planning authorities.

5. In addition to the Development Control Regulations prepared by the planning authorities and
special planning authorities (which are the instruments of regulating development), there are
other laws, rules & regulations, policies as well which aid the development control efforts.

After due enquiry, the Collector may either grant the permission or refuse the permission applied for.
Conditions in which permission is granted [Rule 4]
If the permission is granted, it may be subject to on such terms and conditions as the Collector may
specify, including conditions specified in Rule 4 of the Conversion of Use of Land and Non-
Agricultural Assessment Rules. Such conditions include inter alia

1. The grant of permission shall be subject to the provisions of the Code and Rules made therein.

2. The land shall not be used for a purpose other than that for which permission is granted;

3. The applicant should commence the non-agricultural use within one year from the date of
order, made by the Collector. Failure to do so, the permission granted shall be deemed to have
lapsed, unless the Collector extends the said period from time to time.

4. The applicant shall be liable to pay such altered assessment as may be determined with
reference to the altered use under Section 110, or as the case may be, Section 114;

If the permission is for building site, then in addition to the above,

a) The applicant shall level and clear the land sufficiently to render it suitable for the non
agricultural purpose for which the permission is granted;
b) The applicant shall not use the land and the building erected thereon for any purpose other
than the purpose for which the permission is granted. For example, if the building is being
constructed for residential purposes, the applicant cannot use it for commercial purpose.
c) Applicant shall not divide the plot or subplot without prior permission of collector.

These conditions shall be binding on the applicant. Furthermore, the permission will also be subject to
other conditions imposed by any other authority under any other law. For example, FSI limits under
the MRTP; Environment Clearance under the Environment (Protection) Act etc.

Grounds for Refusal of Permission

Depend upon location of the land collector may require to consult some of the authorities mentioned
above. After receiving opinions from them if collector feels that N.A. permission asked for is in
contradictory to the laws, rules, regulations and policies which aided the development control efforts,
he may reject the application with stating the reasons in writing.

The Collector may refuse to grant permission on any of the following grounds

i. to secure the public health, safety and convenience or

ii. if such use is contrary to any scheme for the planned development of a village, town or city
in force under any law for the time being in force
iii. in the case of land which is to be used as building sites in order to secure in addition that the
dimensions, arrangement and accessibility of the sites are adequate for the health and
convenience of the occupiers or are suitable to the locality ;
Where an application is rejected, the Collector shall state the reasons in writing of such rejection
within 90 days from the date of acknowledgement of the application, or from the date of receipt of the
application if the application is not acknowledged.

Permission when deemed to have been granted

The permission applied for shall be deemed to have been granted if;

i. the Collector fails to inform the applicant of his decision within ninety days from the date of
acknowledgement of the application, or from the date of receipt of the application if the
application is not acknowledged, or
ii. in case of an application for a temporary change of user, the Collector fails to inform his
decision within fifteen days from the date of receipt of application or
iii. where an application has been duly returned for the purposes mentioned in clause (b) of sub-
section (2)

then within ninety days or as the case may be, within fifteen days from the date on which it is again
presented and duly complied with, the permission applied for shall be deemed to have been granted.
But such permission will be subject to any conditions prescribed in the rules made by the State
Government in respect of such user.

Intimation of commencement of change of user to the Tahsildar

The person to whom permission is granted or deemed to have been granted shall inform the Tahsildar
in writing through the village officers the date on which the change of user of land commenced,
within thirty days from such date. Failure to do so shall lead to imposition of penalty. However the
maximum amount of penalty that can be imposed is Rs. 500.

Grant of Sanad
When the land is permitted to be used for a non-agricultural purpose, a sanad shall be granted to the
holder thereof in the form in Schedule IV of the Rules, if the land is situated outside the jurisdiction
of the Planning Authority, and in the form in Schedule V if the land is situated within the jurisdiction
of the Planning Authority.

Sanad is agreement between government and occupant. Conditions of sanad are binding on both
the government and occupant. Sanad is prima facie evidence of title but not conclusive evidence.

Penalties for Unauthorised Non-Agricultural Use [S. 45]

If any land is used for non agricultural purpose by occupant without obtaining permission, it is lawful
for the Collector to require the holder thereof or any person claiming through or under him to stop
such unauthorised use, pay the non-agricultural (NA) assessment on the land with reference to the
altered use for the entire period of such unauthorised use, and such fine not more than 40 times the
non-agricultural assessment on the land leviable with reference to the unauthorised altered use.
In Shivpal Singh v. Secretary of State it was held that where permission is deemed to be granted, the
person using the land for NA use as per his application is not liable to any fine or penalty under S. 45.

Construction of water course through land belonging to other person.

[Separate Short Note]
Section 49 of the MLRC provides the procedure for construction of water course through land
belonging to other person.
If any person (hereinafter called the applicant ) desires to construct a water course to take water
to irrigate his land for the purpose of agriculture from a source of water to which he is entitled,
but such water course is to be constructed through any land which belongs to or is in possession
of another person (hereinafter called the neighbouring holder), and if no agreement is arrived at
for such construction between the applicant and the neighbouring holder, then the person desiring
to construct the water course may make an application to the Tahsildar in the form appended to
the Maharashtra Land Revenue (Construction of Watercourse) Rules, 1967.
On receipt of the application, the Tahsildar shall make an enquiry and must give an opportunity to
the neighbouring holder and all other persons interested in the land to state any objections.
After this is done, if the Tahsildar is satisfied that for ensuring the full and efficient use for
agriculture of the land belonging to the applicant it is necessary to construct the water course, he
may by order in writing, direct the nighbouring holder to permit the applicant to construct the
water course.
Such permission may be subject to certain conditions specified in section 49(2) and aim to secure
minimum loss and damage to the neighbouring holders land.
For example, the applicant must ensure that the watercourse causes as little damage to the land
through which it is constructed, as may be possible; or where the water course consists of pipes
laid under or over the surface, it shall, as far as possible, be along the shortest distance through
such land, regard being had to all the circumstances of the land of the neighbouring holder.
The applicant is also bound to pay the neighbouring holder such compensation for any damage
caused to his land by reason of the construction of the water course injuriously affecting such
land, and such annual rent as the Tahsildar may decide to be reasonable.
An order made under sub-section (2) shall direct how the amount of compensation shall be
apportioned among the neighbouring holders and all persons interested in the land.
Any order made under sub-section (2) shall be final and be a complete authority to him or to any
agent or other person employed by him for the purpose of the said construction.
If the applicant in whose favour an order under sub-section (2) is made fails to pay the amount of
compensation or the amount of rent, it shall be recovered as an arrear of land revenue, on an
application being made to the Tahsildar by the person entitled thereto.
 Similarly if he fails to maintain the water course in a proper state of repairs, he shall be liable to
pay such compensation as may be determined by the Tahsildar for any damage caused on account
of such failure.
If a person intends to remove or discontinue the water course constructed under the authority
conferred on him under this section, he may do so after giving notice to the Tahsildar and the
neighbouring holder. In the event of removal or discontinuance of such water course, the person
taking the water shall fill in and reinstate the land at his own cost with the least practicable delay.
If he fails to do so, the neighbouring holder may apply to the Tahsildar who shall require such
person to fill in and reinstate the land.
The neighbouring holder or any person, on his behalf shall have the right to the use of any surplus
water from the water course on payment of such rates as may be agreed upon between the parties,
and on failure of agreement, as may be determined by the Tahsildar.
There shall be no appeal from any order passed by a Tahsildar under this section. But the
Collector may call for and examine the record of any case and if he considers that the order
passed by the Tahsildar is illegal or improper, he may, after due notice to the parties, pass such
order as he deems fit.

ENCROACHMENT OF LAND
For long answer on Encroachment, also write Title of State in all lands, public roads, etc.,
which are not property of others

Sections 50 to 54A of the MLRC deal with provisions relating to encroachment of land vesting in the
Government. It provides for removal or abatement (reduction) of encroachment on Government Land.

According to S. 50(1), in the event of any encroachment being made on any land or foreshore vested
in the State Government, or any such land being used for the purpose of hawking or selling articles
without the sanction of the competent authority, it shall be lawful for the Collector to summarily abate
or remove any such encroachment or cause any article whatsoever hawked or exposed for sale to be
removed; and the expenses incurred therefore shall be leviable from the person in occupation of the
land encroached upon or used as aforesaid.

Penalty

The person who made such encroachment or who is in unauthorised occupation of the land so
encroached upon shall pay the assessment for the entire survey number for the whole period of the
encroachment.

Such person shall pay in addition a fine which shall be not less than five rupees but not more than
one thousand rupees if the land is used for an agricultural purpose, and if used for a purpose other
than agriculture such fine not exceeding two thousand rupees.
The person caught hawking or selling any articles shall be liable to pay fine of a sum not exceeding
fifty rupees as the Collector may determine.

Notice

The Collector may, by notice duly served under the provisions of this Code, prohibit or require the
abatement or removal of encroachments on any such lands, and shall fix in such notice a date, which
shall be a reasonable time after such notice, on which the same shall take effect.

Penalty for encroachment after date fixed for notice takes effect

Every person who makes, causes, permits or continues any encroachment on any land referred to in a
notice issued under sub-section (3), shall in addition to the penalties specified in sub-section (2), be
liable at the discretion of the Collector to a fine not exceeding twenty-five rupees in the case of
encroachment for agricultural purposes and fifty rupees in other cases for every day during any
portion of which the encroachment continues after the date fixed for the notice to take effect.

An order passed by the Collector under this section shall be subject to appeal and revision in
accordance with the provisions of this Code.

Summary Eviction of Person unauthorisedly occupying Land vesting in

Government [S. 53]
Section 53 of the MLRC empowers the Collector to evict any person who is unauthorisedly occupying
or is wrongfully in possession of any land or foreshore vesting in the State Government or any person
who is not entitled or has ceased to be entitled to occupy or possess any such land or foreshore due to
termination or expiry of tenancy or due to breach of any conditions annexed to the occupancy.

Such person shall also be liable to pay a penalty not exceeding two times the assessment or rent for
the land, for the period of such unauthorised use or occupation.

Before evicting such person, the Collector shall give him a reasonable opportunity of being heard
and the Collector may make a summary enquiry, if necessary. The Collector shall record his reasons
in brief, for arriving at the opinion required by sub-section (1).

The Collector shall, on his finding as aforesaid, serve a notice on such person requiring him within
such time as may appear reasonable after receipt of the said notice to vacate the land or foreshore, as
the case may be, and if such notice is not obeyed, the Collector may remove him from such land or
foreshore.

RELINQUISHMENT OF LAND [SECTION 55]

An occupant may relinquish his land, that is, resign, in favour of the State Government, but subject to
any rights, tenures, encumbrances or equities lawfully subsisting in favour of any person other than
the Government or the occupant.
Such occupant shall give a notice in writing to the Tahsildar not less than thirty days before the date
of commencement of the agricultural year regarding his intention to relinquish his land.

Thereupon, he shall cease to be an occupant from the agricultural year next following such date.
However it must be noted that no portion of land which is less in extent than a whole survey number
or sub-division of a survey number may be relinquished.

For example, if a land is marked as survey number 100 and is sub-divided into 4 sub-divisions of
Survey nos. 100/1, 100/2, 100/3, and 100/4 then either the entire survey number 100 has to be
relinquished, or the sub-divided survey numbers. Fragmented parts of the land cannot be relinquished.

Disposal of relinquished land [Section 35]

If any sub-division of a survey number is relinquished under section 55, such sub-division of a survey
number shall be treated as Government waste land. Such land shall be disposed of by the Collector in
the manner provided in sub-section (2) of Section 35.

S. 35(2) provides that the Collector shall, subject to the provisions of the Bombay Prevention of
Fragmentation and Consolidation of Holdings Act, 1947, offer such-sub-division to the occupants of
the other sub-divisions of the same survey number in such order as in his discretion he may deem fit
at such price not exceeding twenty-four times the assessment thereof as he may consider to be worth.
However such offer is subject to the ceiling on land holding fixed in that behalf under any law for the
time being in force in the State.

In the event of all such occupants refusing to accept the offer, the sub-division shall be disposed of by
the Collector, subject to the rules made by the State Government in that behalf, in the manner
provided by section 31.

Relinquishment of alienated land [Section 56]

Section 56 of the MLRC provides that the provisions of sections 35 and 55 shall apply, as far as may
be, to the holders of alienated land.

Right of way to relinquished land [Section 57]

If any person relinquishes land, the way to which lies through other land which he retains, the right of
way through the land so retained shall continue to the future holder of the land relinquished.