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Maharashtra Land Conversion

Maharashtra Land Conversion

Maharashtra Land Conversion

Maharashtra land conversion is a process of converting agricultural land for non-agricultural purposes or converting land from one non-agricultural purpose to other non-agricultural uses. Agricultural lands cannot be utilised for the development purposes such as residential, commercial, industrial, or medical facilities besides on conversion of the land into non-agricultural lands. As per the provisions contained in the Maharashtra Land Revenue (Conversion of Use of Land and Non-Agriculture Assessment) Rules, 1969, agriculture land in the state cannot be used for the development purpose, without the advanced permission of the prescribed authority. In this article, we look at the Maharashtra land conversion in detail.

Maharashtra Land Revenue (Conversion of Use of Land and Non-Agriculture Assessment) Rules

As mentioned above, Maharashtra Land Revenue (Conversion of Use of Land and Non-Agriculture Assessment) Rules 1969 moderates the process of agriculture land conversion into non-agriculture purpose in Maharashtra. The process of conversion of land will be completed on payment of a premium, and on verification, if it is found that the holder of the land fulfils all the conditions a conversion order or sanad will be granted to the landholder.

Note:  This MLR act applies to all areas in the State of Maharashtra, except those notified as planning areas by state or central Government.

Exempted Lands for Maharashtra Land Conversion

No permission will be granted for conversion of the following type of lands:

  • Land which is under the Central or State Government Company about the management of Coastal Regulation Zone
  • Landfalling within the boundary limits of any railway line or national Highway
  • Land earmarked as a controlled area in any development plan notified by the State Government under the Ribbon Development Rules,
  • Land identified and declared by the Government through its Forest Department as Protected Forests
  • Maharashtra land conversion cannot be done in the zones of irrigation project and also those about the environment, public health, peace or safety.

Purposes of Maharashtra Land Conversion

Any agriculture land can be converted, for one or more of the following purposes:

  • Residential Purposes
  • Commercial Purposes
  • Individual or Industrial Area
  • Medical facilities
  • Animal rearing and husbandry, systematic farming or dairies such as isolated farms specialising in horticulture, rising of genetically enhanced crops or agriculture requiring specialised abiotic premises.
  • Public utility of use to the state or district
  • The public or semi-public service of use to the community, tribe or an entire anchal Ceremonials purposes

Document required for Maharashtra Land Conversion

For obtaining completing Maharashtra land conversion, the applicant has to attach documents as mentioned below:

  • Prescribed application form duly filled in duplicate with court fee stamp of rupees 5
  • Extract of 7/12 and its four photocopies
  • Copies of the relevant mutation entries about land in question
  • If the record is not available in the revenue office, a certificate from the Revenue Officer (Talathi or Tahasildar) stating that the files are not available with
  • Extract of village form 8A
  • Certified copies of the land map issued by Taluka Inspector or Taluka Land Record Office
  • Site plan (8 copies) and eight copies of the building plan (if permission is asked for constructing the building)
  • Extract of the relevant 7/12 – If the proposed land is not abutting to the classified road and right of the way over the boundaries of other survey number or GAT number is acquired and
  • If the land in question is abutting SH, NH or EW, a copy of the NOC from Highway Authorities or other appropriate authority
  • NOC from Municipal concern councils or Gram Panchayat
  • If the permission for conversion is already granted an application is to be made for a change of use of land, then a copy of the NA order and sanctioned plan is to be attached,
  • If the area 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,
  • A document obtained from the Talathi stating therein that the land in the question is not under acquisition.
  • If there is no Municipal Corporation or Municipal Council in the area for proposed conversion, the applicant needs to submit a No Objection Certificate (NOC) and clearance certificate.

Know more about Malmatta Patrak – Property Card in Maharashtra

Documents required for Temporary Maharashtra Land Conversion

If temporary permission is already granted an application is made for final approval under the circumstances, the following documents need to be attached:

  • Copy of temporary NA order permission
  • Plan prepared by the survey department after subdivision of land in the plots, roads, open spaces and amenity places etc.
  • Architect’s plan – 8 copies
  • Extract of 7/12 and its four photocopies
  • Copy of the mutation entry related to the temporary NA permission

Eligibility Criteria for Maharashtra Land Conversion

A superior holder of alienated land or a tenant of land or an occupant of unalienated land can apply for Maharashtra Land Conversion.

Premium Payable for Maharashtra Land Conversion

The premium payable for conversion of agricultural lands will be based on the market value of property in Maharashtra.

  • For the conversion of agricultural land to residential property, the premium would be 50% of the total cost of land as per ready reckoner rates
  • For agricultural land to the commercial area, the premium would be 75% of the market value of land
  • For semi-public land to residential land, it will be 20% of the market value of land
  • For residential to industrial use, the premium would be 20% of the land
  • For the forest to agricultural, it would be 40% of the market value of land

Market Value of Land

Sales will estimate the full market value of non-agricultural lands in an urban area in a block, leases an award under the Land Acquisition Act, 1894.

Prescribed Authority for Land Conversion

Land can be called non-agricultural land if any activity like development is carried over on the agriculture land which makes agriculture land unfit for cultivation.

As per the Maharashtra Land Revenue Code rules,  before carrying out any development on the agriculture land, an eligible person need to apply to the collector for the permission to convert the use of agricultural land into the non-agricultural purpose or to change the use of land from one non-agricultural purpose to another non-agricultural purpose.

Application for Maharashtra Land Conversion

Procedure for getting conversion order for converting agriculture land for the non-agriculture purpose is explained here:

Approach District Collector Office

Step 1: Occupant or superior holder of land, who is seeking permission for Maharashtra land conversion, has to furnish an application form in prescribed format along with the supporting documents to the District Collector in whose jurisdiction the concerning agriculture land is situated.

We have here with attached an application for Maharashtra Land Conversion:

Maharashtra Land Conversion Application

Verification by District Collector

Step 2: On receipt of the request, District collector will acknowledge the application within seven days and send a copy of the application to Tahasildhar.

If the proposed area is within the jurisdiction of a Municipal Corporation or Municipal Council, the Collector consults them concerning acquiring the building permit.

Verification by Tahasildhar

Tahasildhar will check for revenue clearance and special clearance.

Revenue Clearance

The Tahasildhar will check the following parameters for revenue clearance.

  • The applicant is the rightful occupant or superior holder of land and is empowered to file for a change of land use
  • Any dues outstanding to any Department by the occupant or preferred holder
  • The property is free from the encumbrances and if the local authority has any objections for land conversion

Technical Clearance

The Tahasildhar will check the following parameters for technical clearance

  • The intended land conversion is violating any stipulations of any development plan
  • The converted land will not pose any perceivable hazard regarding the environment, health or safety to the occupier or landholder or any other individual residing in that area
  • The converted land is not being sought for a purpose for which adequate land is already earmarked at the nearest urban area

The issue of Conversion Order

Step 3: The District Collector within a month of the date of payment of premium issue an order of conversion.

Entries in the Revenue Records

Step 4:  The District Collector, after the issue of conversion order, authorise the Tahsildar to change the particulars of the tenancy land by making necessary entries in the revenue records.

Convert Agriculture Land

Any agricultural land, converted for a non-agricultural purpose can be used for such converted purpose within a year from the date of issue of the conversion order.

If the land is not converted within the prescribed time, the conversion order will be withdrawn and the premium deposited will be relinquished to the Government.

Report Conversion Date

The owner or holder to whom permission is granted or the conversion order is issued need report the Tahsildar in writing through the Talathi the date on which the change of use of land commenced, within thirty days from the conversion.

Pay NA Taxes

The land occupier or landholder has to pay non-agriculture land taxes from the date on which non-agriculture land use begins.

If the occupier or holder fails to inform the Tahsildar within the period specified, he/she will be liable to pay in addition to the non-agricultural assessment fine of five hundred rupees to the District Collector.

Grant of Sanad

A sanad will be granted to the holder of property if the area is situated outside the jurisdiction of the Planning Authority.

And is an agreement between the Government and the occupant or holder. Sanad is prima facie evidence of land title, but it is not conclusive evidence. Conditions of Government and occupier will be recorded in the Sanad.

Change in Purpose of Conversion

If a person, after receiving the conversion order intends to use the land for other non-agricultural purposes, he needs to submit an application to the prescribed authority along with conversion fee.

Note: Any land, duly converted for any non-agricultural purpose under these rules will not be transferred within two years, after two years such land can be transferred without payment of premium or obtaining permission from the prescribed authority.

Penalties for Unauthorised Land Conversion

If any land is used for the non-agricultural purpose by occupant or holder without obtaining permission, the collector will stop its unauthorised use, and the applicant needs to pay Rs. 500 as fine.

Regularisation of Unauthorised Use

Where permission for non-agricultural use was possible but occupant had not taken care to apply for permission, under the circumstances collector may regularise his unauthorised use, subject to the following terms and conditions, namely:

  • That the holder will pay the amount of conversion tax leviable and will pay a non-agricultural assessment on the land concerning the altered use since the commencement of that use
  • That the holder will pay the fine not exceeding 40 times the non-agricultural evaluation on the property concerning the modified use