The following information will clear all questions about Non Agricultura
Land, if any activity
in the nature of development is carried over on the land which makes
land unfit for cultivation.
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.
Document required to attached with the application form
For obtaining N.A. Permission, applicant has to attach documents as
mentioned below:
- 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 record is not available in revenue office, a certificate from the
Revenue Officer stating theirin 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),
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 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 laws
If temporary permission is already granted for layout and application is
made for final permission under the circumstances, then please attach
the below documents:
- Copy of temporary NA order permission
Plan prepared by survey department after subdivision of land in the
plots, roads, open spaces and amenity places etc.
- 8 copies of the Architect’s plan
extract of V.F. 7/12 and its 4 zerox copies and
Copy of the mutation entry (V.F. 6) related to the temporary NA
permission.
The Collector has to follow the procedure as mentioned below for
granting 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 any other non-agricultural purpose:-
Collector has to send a copy of one application form to the concerned
Tahasildar for collecting detailed information of the land in question.
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.
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.
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.
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.
There shall be no 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.
The collector is required to consult the
authorities dealing with these subjects.
These authorities may give clearance for development under some
conditions; these conditions shall be binding on the applicant and such
other conditions as the collector may, under the order of the State
Government impose.
List of some of the authorities .functioning important role In
Development Control are given below.
- Town Planning Department
- Health Department
The Mumbai Village Panchayat Act, 1958
- Laws Related to Development Along Roads
Mumbai Highways Act, 1955
National Highway Act 1956
Environment (Protection) Act, 1986
- Indian Forest Act, 1927
Forest Conservation Act, 1980
- Maharashtra Acquisition of Private Forests Act, 1975
- Minor Mineral (Extraction) Act, 1955 and Explosives Act, 1984
For more details of these authorities visit “The other Development
Control Authorities"
