Non Agricultural LandNON AGRICULTURAL LAND Land can be called non agricultural land, if any activity in the nature of development is carried over on the land which makes land unfit for cultivation. Permission for non-agricultural use: Section 42 of MLR Code 1966 states that, "No land used for agriculture shall be used for any nonagricultural purpose; and no land assessed for one non-agricultural purpose shall be used for any other non-agricultural purpose without the permission of the Collector." However the same act is amended and from the 1st day August 2008 no non-agricultural permission is required to obtain in the area other than city if person is constructing residential building for personal use. The development (residential building) should not be in contravention of the provisions of any law, or any rules, regulations or orders made or issued, under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation project and also those pertaining to environment, public health, peace or safety and if the land is falling outside the limits of; 1. 2. 3. 4. 5. Eco-sensitive Zone, the area within eight kilometres from periphery Greater Mumbai, the area within five kilometres from the periphery of each of Cities of Pune and Solapur, the area within one kilometres from the periphery of the Cities of Nagpur andKolhapur, the area within one kilometer from the periphery of each of `A' Class or 'B' Class municipal areas, This amendment is made only for conversion of use of land from agricultural to non agricultural purpose. A person has to obtain permission for constructing house from concern department. (Grampanchayat and if applicable Town Planning) 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 nonagricultural purpose to another non-agricultural purpose. A. Form of application for permission to convert use of land- Every application for permission for 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. B. Document required to attached with the application form For obtaining N.A. Permission applicant has to attach documents as mentioned below: 1. 2. 3. Prescribed form duly filled in duplicate with court fee stamp of rupees 5/Extract 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 the land in question is abutting EW. Taluka Land Record Office. 6) related to the temporary NA permission. NOC from concern Grampanchyat/Municipal councils.(a) If record is not available in revenue office. 13.A. 6 . a) b) c) a) b) Considering “Tahasildar’s Report” consulting the “Municipal Corporations or Municipal Councils” and after consulting “Other Authorities”. Copy of the mutation entry (V.F. then extract of the relevant V. (Talathi or Tahasildar as the case may be). 11. then copy of the NA order and sanctioned plan is to be attached. 14. open spaces and amenity places etc. Extract of village form 8 A…. b. Certified copies of the land map from the Taluka Inspector. 1948 then the Sale Permissionreceived under section 43/63. 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. or to change the use of land from one non-agricultural purpose to another non-agricultural purpose. extract of V. a. 7/12 and its 4 zerox copies and e.the collector may grant permission for to convert the use of agricultural land for any non-agricultural purpose. NH or SH. permission is already granted and application is to be made for change of use of land.F. No dues certificate from farmer’s co-op society. if the temporary permission is already granted for layout and application is made for final permission under the circumstances. roads. considering “Tahasildar’s Report” Municipal Corporation. a certificate from the Revenue Officer stating theirin that the same is not available with him. 12. 10. Copy of temporary NA order permission Plan prepared by survey department after subdivision of land in the plots. 9. Certificate received from the Talathi stating theirin that the land in the question is not under acquisition. 4. If the land is attracting provisions of Bombay Tenancy and Agricultural Lands Act. 8 copies of the Architect’s plan d. Municipal Council .one copy.F. 8 copies of site plan and 8 copies of *building plan (*if permission is asked for constructing building). He may grant permissionafter. Conditions in which permission may be granted:.F. 7.7/12 and V. If the N. 5. 6. copy of theNOC from Highway Authorities or other appropriate authority. c. any other documents such as NOC and clearance certificate etc if the land attract provisions of some other laws 15. 8. C. 1. Indian Forest Act. b) The land shall not be used for a purpose other than that for which permission is granted. under the order of the State Government impose. and special planning authorities which are specific instruments of regulating development. Town Planning Department: 2. there shall be some basic conditions. Mumbai Highways Act. These conditions shall be binding on the applicant and such other conditions as the collector may. Where there is no such authority. c) The applicant shall commence the non-agricultural use applied for within one year from the date of the order made by the Collector in that behalf. Section 114. applicant has to submit “No Objection Certificate” for the change of use from Gram Panchayat of the village. there are other laws. 1955 6. be constructed in accordance with the plan approved by the these Authorities in that behalf. Forest Conservation Act. public health. Maharashtra Acquisition Of Private Forests Act. 1980 10. by the State or Central Government or any local authority. or rules or any provisions with regard to the benefited zones of irrigation project and also those pertaining to environment. 1984 For more details of these authorities visit “Other Authorities”. 1986 8. Building Regulations. These authorities may give clearance for development under some conditions.Where permission is granted for the construction of a structure to be used for any non-agricultural purpose such structure shall. unless the said period is extended by the Collector from time to time. The Mumbai Village Panchayat Act. d) The applicant shall be liable to pay such altered assessment as may be determined with reference to the altered use under Section 110. the permission granted shall be deemed to have lapsed. regulations and policies which aided the development control efforts. failing which. regulations or orders made or issued. under the order of the State Government impose. 1975 11. under any law for the time being in force. statutory authority. Some of The Other Authorities Who Are Playing Important Role In Development Control. Health Department 3. if it is within the jurisdiction of a Municipal Corporation or Municipal Council. 1958 4. . or of theRibbon Development Rules. 1955 And Explosives Act. The collector is required to consult the authorities dealing with the above subject. 1927 9. Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone. which shall be binding on the applicant and also such other conditions as the collector may. rules. The basic conditions are as follows: a) The grant of permission shall be subject to the provisions of the Code and Rules made thereunder. Minor Mineral (Extraction) Act. Environment (Protection) Act. National Highway Act 1956 7. or as the case may be. There shall be no contravention of the provisions of any law. c) Other Authorities In addition to the Development Control Regulations prepared by planning authorities. peace or safety. Apart from the conditions imposed by these authorities. Laws Related To Development Along Roads 5. or any rules. If applicant fails erect building within stipulated period. For obtaining final permission. then in addition to above. The above terms and conditions are binding on both applicant and holder of the plot. rules.If the permission is for building site. Demarcation is to be done as per provisional sanctioned lay out and should get surveyed through Taluka Inspector. 1. h) i) j) k) l) m) n) Applicant shall plant trees along both sides of the road and it is his responsibility to see that trees are growing. If the applicant fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may. permission asked for is in contradictory to thelaws. Permission for building shall be granted only after completing the procedure above. Plan annex to the application is sanctioned under the conditions that. 3. It is responsibility of the applicant to maintain width of the road as per sanctioned lay out. 2. Applicant shall not sell plot prior to obtain final permission. subject to rules made in this behalf. On event of violation of any terms or conditions imposed while granting permission. within thirty days from such date. If the permission is given under Gaothan Extension Scheme. Refusal of permission Depend upon location of the land collector may require to consult some of the authorities mentioned above. Also he shall fixed compound to outer boundary of the scheme. If the provision of drinking water is not in existence in the area.A. Also he shall prepare road suitable for vehicular traffic along with drainage system. Applicant shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced. he may reject the application with stating the reasons in writing. Land Record. It is binding on applicant to keep intact natural ways of water or to provide alternate arrangement. then the sale of plot is restricted to local people only. . Also applicant shall be liable for fine. g) Applicant shall not divide plot or subplot without prior permission of collector. It mandatory on applicant to give road entry to adjacent land’s proposed layout. Applicant shall pay fee for survey within one month from the date of NA use. Also he shall liable for fine. Applicant shall execute sanad in prescribed form within one month from the date of NA use. direct but. then it is responsibility of the applicant to make arrangement for drinking water on his own. Applicant shall erect building within three years from the date of grant of sanad. the collector may extend the period in his discretion. o) p) q) r) s) D. After receiving opinions from them if collector feels that N. e) The applicant shall level and clear the land sufficiently to render it suitable for the particular non agricultural purpose for which the permission is granted. the permission shall be cancelled. Applicant shall attached layout plan while applying for building permission. f) The applicant shall not use the land and the building erected thereon for any purpose other than the purpose for which permission is granted without obtaining the permission of the collector under the provision of the code and the rules made thereunder. not exceeding five hundred rupees. regulations and policies which aided the development control efforts. (ii) (iii) I. subject to the following terms and conditions. or from the date of receipt of the application-. that the holder shall abide by the conditions specified in column “B” above so far as they are applicable. not exceeding five hundred rupees. E. F. and in the form in Schedule V if the land is situated within the jurisdiction of the Planning Authority. regulations and policies which aided the development control efforts. namely:(i) that the holder shall pay the amount of conversion tax leviable and shall pay non-agricultural assessment on the land with reference to the altered use since the commencement of that use that the holder shall pay such fine not exceeding 10forty times the nonagricultural assessment on the land with reference to the altered use. rules. but subject to N. within thirty days from such date. permission asked for is not in contradictory to the laws.A. Conditions of sanad are binding on both the government and occupant. ask him to pay NA taxes and penalty. the permission applied for shall be deemed to have been granted. G. if the holder so desires. direct but. Sanad is prima facie evidence of title but not conclusive evidence. under the circumstances collector may regularized his unauthorised use. The person has to pay N.if the application is not acknowledged. Sanad is agreement between government and occupant. taxes from the date on which NA use begins. H. Regularisation of unauthorised useWhere permission for non agricultural use was possible but occupant had not taken care to apply for permission. and such other conditions as the Collector may deem fit to impose. and in areas falling within the jurisdiction of Planning Authority. subject to rules made in this behalf. a Sanad shall be granted to the holder thereof in the form inSchedule IV if the land is situated outside the jurisdiction of the Planning Authority.A. he may.Collector is required to inform his decision within the ninety days from the date of acknowledgement of the application. Grant of SandWhere land is permitted to be used for non-agricultural purpose. Continuance of offending unauthorised constructionWhere the unauthorised non-agricultural use is contradictory to land used plan prepared for that area by the concern authorities and the Collector is satisfied that the demolition of the offending unauthorised construction is likely to cause heavy damage and serious inconvenience and hardship. after consulting such Planning Authority. allow such . If the person fails to inform the Tahsildar within the period specified above he shall be liable to pay in addition to the non-agricultural assessment such fine as the Collector may. it is lawful for the collector to stop its unauthorised use. Penalties for unauthorised non-agricultural useIf any land is used for non agricultural purpose by occupant without obtaining permission. Date on which NA use started is required to inform the Tahasildar The person to whom permission is granted or deemed to have been granted under this section shall inform the Tahsildar in writing through the Talathi the date on which the change of user of land commenced. the Collector may. in the public interest. The required documents. etc. if the Collector having regard to the pecuniary condition of the holder is of opinion that undue hardship will be caused to the holder by the recovery of the amount of composition fee laid down in condition(a). only on that area of the land which is under unauthorised non-agricultural user.concerned Executive Engineer of National Highway Division. If it is adjacent to the State Highway /Major District Road/Other District Road/Village Road then Executive Engineer Public Works Division/Zilla Parishad (Works) Division 2. whichever is greater 2[and] (b) that the holder shall agree in writing to demolish the offending unauthorised construction without claiming compensation if after reasonable period thereafter. The proposals for approach road are required to send to PWD. Which documents are required with application? A) DOCUMENTTS:(i) Application from Owner. residential complexes. with the sanction of the State government. How and where to apply? If it is adjacent to National Highway. . and that the offending unauthorised construction was not constructed by the holder with the knowledge that it was unauthorised. a Sanad in the form in Schedule VI shall be granted to the holder. NOC from Highway Authorities Commercial centers. with the sanction of the State government. reduce the amount of composition fee payable by the holder under condition(a) to such extent as he may think fit. On regulation Sanad to be grantedWhen any unauthorised non-agricultural use permitted to be continued under “G” or “H”. the permission is granted by the Chief Engineer. abutting to the road are coming under the jurisdiction of Public Works department.] “forty times the non-agricultural assessment on the land” means forty times the non-agricultural assessment. conditions and general procedures are as follows:1. J.construction to stand. failing which the Collector shall do so at the holder’s risk and costs: 3[Provided that. factories. After obtaining permission it is necessary to make agreement in the prescribed form. if the proposals found suitable. he is asked to do so by the Collector. subject to conditions (i) and (ii) in “G” and the additional conditions(a) that the holder shall pay a composition fee not less than fifty percent of the cost incurred on the offending unauthorised construction or forty times the non-agricultural assessment payable on the land with reference to the altered use. On Scrutiny. (ii) NOC for non agriculture of land (Copy of NA permission from Revenue Department) (iii) Plot ownership document. shall be shown in different colours and distances on the plan. The Superintending Engineer. Public Works Division/Zilla Parishad works division. exact chainage of proposed approach road. proposed approach road. Sale Permission If the land is sold to the person as per provisions of section 43 of the Bombay Tenancy and Agricultural Lands Act. If the Sale Permission is already granted for the non agricultural purpose for which he is applying. he is required to apply to Sub Divisional Officer for the change of use. works etc.D. 1948. The booklet/enquiry is available in the Office of the Executive Engineer. control line.(Plate II. IV & V) 3. I) (ix) Plan showing drainage arrangement at approach road. carriageway / formation width . C. (vii) Detailed plan of C. (viii) Existing access plan (Plate No. the granting non agricultural permission shall not be contradictory to the laws. (v) Cross-Section of approach road. etc (iv) Access plan showing the position proposed approach roads. regulations and policies which aided the development control efforts.D works. (vi) L/Section of arterial road for 300 meters on either side of proposed access. position of existing approaches on both sides of proposed approach road. building line. land width .D. he has to submit copy of Sale Permission received to him from Sub Divisional Officer of his area. works and trap drain with cross section. he need not to act further but if the Sale Permission is granted for agricultural purpose. III. Public Works Region Ministry of transport New Delhi. Sub Divisional officer may grant permission for the change of use of land if. (ii) Part of village map showing survey numbers in which private property located. Public Works Circle. . rules. Who takes decision on the application? (i) National Highway/State Highway/Major District Road.The Chief Engineer. C. (iii) Layout plan/site plan showing details of construction.(B) PLANS:(i) Index/Key plan. (ii) Other District road/Village road. centre line of road. If the buyer is non agriculturist while selling agricultural land for non agricultural purpose buyer and seller both are require to apply to Sub Divisional Officer for transferring the land. 1966. rules. THE BOMBAY HIGHWAYS ACT. c. the development shall be in conformity with the detailed land use provisions of the Land use plan and the related Development Control Regulations as may be enforced by the concerned Special Planning Authority appointed for the Region. and the related Development Control Regulations as may be enforced by the concerned planning authorities for their respective areas. way or land to be a highway and classify it a a. Development Plan or Town Planning Scheme. such development shall be in conformity with the detailed land use provisions of the Development Plan. 1955. regulations and policies which aided the development control efforts. or the granting non agricultural permission shall not be contradictory to the laws. other districoad. MLR Code. Sub Divisional Officer may grant permission to transfer the land if. & C. or a village road. a State highway. Town Planning Schemes. b. a) b) c) such a person bona fide requires the land for a non agricultural purposes. Planning Proposals. within the limits of any planning authority. .Ribbon Development is further restricted if the land situates. for development control standardized building bye laws and DC Rules for B. The Bombay Highways Act empowers The State Government to declare any road. or the land is required for the benefit of an industrial or commercial undertaking or an educational or charitable institution. Ribbon Develpoment Legal frame work for controlling ribbon development is provided by The Bombay Highways Act. 1955 and the National Highways Act. 1956. d. No permission is required to sell the land to the person who may or may not be an agriculturist for the purpose of bona-fide industrial use if the land situates within the industrial zone of a draft plan or final regional plan or draft of final town planning scheme prepared under the MRTP Act 1966 and the area where no such plans or scheme exists. Where there is no Regional Plan. outside the limits of any planning authority. a major district road. Class municipal councils are used by Town Planning Department while scrutinizing miscellaneous building permission cases and layouts received from the Collectors. the Act provides for. Summary removal of encroachments if they are of temporary or trivial nature. Making property owners to alter advertisements so that there is no obstruction of view likely to cause danger. 2. Diverting existing accesses by providing alternative connections at a reasonable distance. Making property owners to alter the boundary walls.Class of Roads Land width in Meter Plain & rolling country Rural Area Urban areas NormalRange Normal range Mountainous & Steep Terrain Rural Area Normal 24 18 15 9 Urban areas Exceptional Normal Exceptional 18 15 12 9 20 15 12 9 18 12 9 9 National Highways 45 & State Highways Major Road District 25 15 12 30-60 25-30 15-25 12-18 30 20 15 10 30-60 15-25 15-20 10-15 Other District Road Village Road LAND WIDTH FOR DIFFERENT CLASSES OF ROAD For control /arresting ribbon development. 5. Restricting new access for the main Highway. so as not to cause obstruction of view. trees. 4. 6. fences. Fixing building or control lines so as to limit building activity:-Minimum Distance between road and building from the centre of the road is depending upon name of the road and the area of the road. etc. Serving notice on encroachers and prosecuting them before a Magistrate. likely to cause danger. 7. Fixing building or control lines so as to limit building activity. STANDARDS FOR BUILDING LINES AND CONTROL LINES Class roads ofPlain & Rolling Rural Areas Terrain Mountainous & Steep Urban & Distance between Building Line Industrial and Road Line boundaries Areas Urban Areas Width Width Distance Rural Areas between between between Building Control Building . 3. hedges. 1. walls (including compound walls and fences) advertisement boards etc Building Line:. form or lay out any means of access to. or from. door-steps. . or a) b) (ii) erect any building. form or lay out any means of access to. a highway. No person shall. Control Line:-“control line” means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway.Lines (overall width) (metres) Lines (overall width) (metres) line and Road line boundary (set back distance (metres) Normal(metres) Exceptional (metres) Normal(metres) Exceptional (metres) 5 3 National Highways & 80 State Highways Major District Road 50 150 3-6 5 3 100 35 30 3 --- 5 5 5 3 3 3 5 5 5 3 3 3 OtherDistrict 25/30* Road Village Road 25 Building:. form or lay out any works. or e) construct. will. RESTRICTIONS ON BUILDINGS BETWEEN HIGHWAY BOUNDARY AND BUILDING LINE AND BETWEEN BUILDING AND CONTROL LINES:The act says that. or (iii) materially alter any existing building. or c) materially alter any existing building.“Building line” means a line on either side of any highway or part of a highway fixed in respect of such highway. or on a land lying between the building line and the control line (i) construct. or d) make or extend any excavation. a highway. or b) erect any building. use any building or alter the use of any building already erected in a manner which in the opinion of Highway Authority. in any manner whatsoever.“building” includes any erection of whatsoever material and in whatsoever manner constructed (including a farm building for agricultural purposes) and also includes plinths. without the previous permission in writing of the Highway Authority.— on a land lying between the highway boundary and the building line a) construct. infringe any of the provisions of this Act or interfere with the use of a highway adjoining the land on which such building is erected. or from. On classified roads.. Sir. 1966. SCHEDULE I (See Rule 3) Form of application under sub-section (1) of Section 44 of the Maharashtra Land Revenue Code. The –Divisional Officer…………. use the land described below which is – District hereby apply for permission to a) assessed or held for the purpose of agricultural for non-agricultural purpose/purpose of…………. c) Written consent of the tenant/superior holder/occupant.L. Taluka…………. the building shall be constructed in accordance with the set back prescribed by the Highway Authorities or if applicable as per setback distance mentioned in the M. I.……… residing at…………. .for the same purpose but in relaxation of condition ……. I annex to this application – a) Certified copy of record of rights in respect of the land as it existed at the time of application. The Collector of………………. I also furnished the following information:- 1) Full name of the applicant.for the non-agriculture purpose/purposes…………… c) assessed or held for the non-agricultural purpose of……………. In………….R. imposed at the time of grant of land or permission for such non agricultural use viz………. Code. b) A sketch of a layout of the site in question (In triplicate) showing the location of the proposed building or other work for which permission is sought and the nearest roads or means of access. b) assessed or held for non-agricultural purpose of………………. 1966 To.. what is the distance thereof from the proposed building or other works? 11) Is the land under acquisition. area and assessment/rent of the land… 6) Area of the site out of (5) above proposed to be used. state details. 5) Survey No. its use. e) Near airport or a railway station or a railway line or jailor a prison or local public office or cremation or burial ground. 8) Present use of the land and whether any building exists thereon and if so. and whether it is highway. if so. 4) Village. 9) Whether the land is situated or included.2) Full postal address… 3) Occupation ….mtrs Any other non agricultural purpose ………… Area in sq. If so. ………………Area in sq. a) in municipal area b) in City Survey area c) In the notified regional plan. For residential……………………………………Area in sq. Taluka and district where the land is situated…. it’s approximate distance therefrom.1966. 10) Where electrical high transmission line passes over the land and if so. development plan or town planning scheme under the Maharashtra Regional and Town Planning Act. 12) Is there a road from where the land is easily accessible? State the name of the road. major road or village road. d) In or near cantonment area.mtrs Industrial ……………………………………. how acquisition proposed to provide for access to the site? .. Hissa No.mtrs Commercial …………………….. What is the distance of the proposed building or other work from the centre of the road? 13) If there is no road adjoining the land.Area in sq.mtrs 7) Whether the applicant is superior holder of alienated land or occupant Class I or Occupant Class II or tenant or a Government lessee. 14) Was the similar application made in the past for non-agricultural use of this land and was it rejected? If yes. . Signature of applicant Place: Date: (To be filled by revenue officer) Date of receipt of the application Stamp of the officer Signature and designation of the receiver. Why? In solemnly affirms that the information given above is true the best of my knowledge and belief.