i) What is the formula to calculate the FSF? Answer : [May, 15; Oct. 09) What does Nistar Patrak contain Answer : [May, 15; Dec. 12; May, 12; Oct-09]. i and disputed register. Dd =20. Q. 2: Write short notes [Any Four} a) Write a short note on mut b) Structural Repairs. ) Matters to be neglected in determining compensati Act. 4) Certification issyedby the Collector under the Stamp Act. ) Wajib-ul-arz, ) Encroachment of Government iiannt =12. ‘on under the Land Acquisition Q.3: Solve Any Two of the following : r the will. Smt Rane 1) Smt. Rane executed a will on January 1, 2017 but did not registe expires on February 1, 2017. i) Is registration compulsory in-€ase of will ? Answer : [The Indian Registration Act, 1917 — Nov. 10; Nov. 161 ii) What are the consequences if the will is not registered ? In the “will” take effect ? Answer : [The Indian Registration Act, 1917 — Nov. 10; Nov. 16]. i N arashtra Land 2) Shri Albert wants to review the order of the Talathi under the Mah: he aforesaid situation will Revenue Code, 1966. i) State the reasons under which the order of Talathi can be reviewed. Answer : [MLRC, 1966 — Nov. 15; Oct. 09]. i) In the aforesaid case, with whom and what time can review be filed. ip Answer : [MLRC, 1966 — Nov. 15; Oct. 09]. there was a declaration about Public Use of land. The Collector 3) On 1" March, passed an award on 1“ March, 2009. 1D Whapfhe stectoldesiat Whatis the effect of declaration of public use of land. ii) In the. afro ate is thes inti area ese he aor passed a the Collector welds ? Answer : [Land Acquisition Act]. Feit = 48 marks. Q. 4: Answer Any Four following : a) Set out the documents of which registration is optional.j) Define T.D.R. mswer : [Nov. 16 Q. 2: Write short notes on Any Four of the following : a) Award. b) Nistar Patrak. ©) Section $0, SI under the Maharashtra Land Revenue Code. 4) Wazib-ul-arz, ©) Admissibility of instruments which are not properly stamped under the Bombay Stamp Act. 1) Describe the documents compulsory to be registered under the Registration Act, 1908. Q.3: Solve Any Two of the following, with reasons : 2) Ram, Rahim and Albert has executed an instrument of partition of a jointly held Property, whereby the said property is partitioned in such a manner that Ram shall get 30% of the said property, Rahim shall get 35% of the said property and Albert shall get the remaining 35% of the property. ') Is such an instrument of partition to be registered ? Answer : [See the Indian Registration Act, 191 ii) Who is liable for payment of the stamp duty on = said instrument of partition and to what extent ? Answer : [See the Indian Registration Act, 1917]. b) Chintamani is cultivating agricultural land belonging to-thelandlord Dilipsingh. i) Can Dilipsingh sell the agricultural land ? What is procedure to sell agricultural land under the Bombay Tenancy and Agricultural Lands Act ? Answer : [See the Bombay Tenancy and Agricultural Lands Act, 1948 ii) Can the procedure be contravened ? What are the consequences of such contravention ? = 20. Answer : [See the Bombay Tenancy and Agricultural AG ©) Amar, a rist, wants to purchase an agricultural plot of land situated at Vijay for setting up a tourist resort. dD ‘permitted to purchase the said land, for setting up of the tourist resort ? Why Amswer : (May, 16 (b) : See the Maharashtra Land Revenue Code, 1966). i) Advise Amar on the procedure to be followed for setting up the tourist resort. Answer : (May, 16 (b) : See the Maharashtra Land Revenue Code, 1966), ij) Who are landless persons ? Answer : Landle: a aciitire ae erson means, a person who does 0 Xcess of one h picrap! an e hectare of dry crop lan by manual labour on agricultural la eee j) What is ‘cess’ under the MHADA ? Answer : ‘ ‘Answer : Gess means, a tax on land and build eS ess means, a tax on land and buildings Jévied or | Q.2: Write short notes on Any Fo ing: Write short notes on ur of the following : b) Bonafide Industrial Use. ©) Public Purpose. ) Regularization of Encroachment. ¢) Structural Repairs. 3: Solve Any Two of the following situational problems: ae Jand in suburbs of Mumbai. He desires a) Mr. Tanaji own 48 acres of dry crop agricultural f Mumbai. to purchase more agricultural dry crop land in the suburbs of i) What is the ceiling for the above land ? ‘Answer : The ceiling area for theabove said dry crop agricultural land is 54 acres. ii) If Mr. Tanaji purchases more land as stated above, what~could be the legal consequences ? Answer : If Tanaji purchases more land beyond 54 acres, the same would be considered as a illful venti is d accordingly their right, title and interest of the person will i. i land so acquired, shall be forfeited to the State Goverm E —— place or hill b) Mr. Sunil Shahu wants to construct a building in an area notified as tow station in Maharashtra. i) Does Mr. Sunil Shahu need to apply for conversion of land ? Explain.d Law 262. Author =Prof. Prakash_K. Mokal. Answer : No, since, the use falls in the purpose of “bonafide industrial use” under Section 444 of the Maharashtra Land Revenue Code, 1966, only intimation within 30 days of change of user, be given by the person, so using, to the Tehsildar, and copy endorsed to the Collector. ii) Name the authority under the M.L.R. Code, 1966, which deals with land conversion. Answer : The Collector is the Authority under the-M:L;R.Code, 1966, dealing with Land Conversion. c) A Will executed by Mr. Ramesh J: dhav on 1" January, 2014 is not registered. Mr. Ramesh Jadhay dies on 1" Febru: i) Is registration of a Will col ii) Is there any consequence for non registration of a Will ? In the above case, will the Will come into effect ? Answer _: No consequences for non-registration of a Will, as Section 49 of the Indian Registration Act, 1908 does not apply to those documents whose registration is optional under Section 18. : Answer Any Four of the following : = 48 marks. a) What are the matters to be considered in determination of Award ? b) What are Land Records ? How are acquisitions of rights recorded in Form VII/XI ? ©) Set out the exceptions to Section 17 (1) of the Registration Act, 1908. d) Analyze Section 44 and Section 45 of the MRTP Act, 1966. a e) Which are the areas covered under the C.R.Z. ? Analyze the classit ion under the CRZ. f) How is a Sanad obtained under the Maharashtra Land Revenue le?Lands Act, 1948 ? e in connection Hturs i) What is ‘warkas land? under the Maharashtra Tepaticy and Agri Warkas land means, land which is used for the purpose of ‘rab mani -reeords-as warkgs.On suc s rab orwOod-ash for rice cultivation nds cultivators nd the Low Tide Line. Q.2: Write short notes on Any Four of the followin a) Sanad. b) Adjudication. ©) FSland TDR. @) Wajib-ubarz, ©) Reference to Authority under the Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. ) Temporary Accommodation. Q.3 : Solve Any Two of the following with reasons : =12, a) Amit entered into a lease deed with Babu for grant of lease of Amit’s property to Babu for a period of 7 (seven) years. Amit issued a receipt to Babu for the security deposit paid for the lease. The receipt was issued on 15" March, 2016. i) Will the receipt have to be registered under the Registration Act, 1908 ? Why ? Answer : Registration is not compulsory as per Section 179 of the Indian Registration Act, 1908. fi) What is the time period available for registration of instrument under the Registration Act, 1908 ? ye Answer : The time limit for registration with fine is eight montis as per Section 25 of the Indian istration Act, 1908. <7 oo, ) Ravi, a ion agriculturist, wants to purchase land from Bheema, an agriculturist, for setting upa i Sea iis permitted to purchase the said land for setting up Sramodyog unit ? Why ? Answer No, Ravi cannot purchase the said land for setting up gramodyog unit, as Ravi is not an he _purchase the agricultural land, He will have to seek a from the Collector for the same under Section 42 and 44 of the Maharashtra Land Revenue Code, 1966, ii) Advise Ravi on the procedure to be followed for setting up the gramodyog unit.Land Law 259. Author — Prof. Prakash_K. Mokal. Answer : Under Section 44 of the Code if the land is situated in the industrial zone as declared by the plan prepared by the Maharshtra Regional Town Planning Authority under the MRTP 1909, then he may purchase the land for setting up the gramodyog unit. ©) Asha is the owner of plot of land situated in Mahim, Mumbai. Asha has carried out certain development on the said plot of land by constructing a one storey structure, which is not in accordance with the permission granted under the provisions of the Maharashtra Regional ‘and Town Planning Act, 1966. The Planning Authority, by an order in writing, directs Asha to remove the unauthorized structure within 30 (thirty) days from the date of receipt of the said written notice. i) Is the Planning Authority entitled to send such a notice to Asha Answer _:-yés, under Section 53 of the Act, the Planning Authority can send such a notice to ‘Asha to take such steps an specified in the notice. What is the remedy available to the Planning Autho rity if Asha does not comply with the said notice ? Answer : Under Section 53 (6) of the Act. the Planning Authority may demolish the structure and recoverthe amount of expenditu red. for the demoliti as aneass of land revenue. {ify What is/are option/s available to Asha upon receipt of the said no e from the Planning . 4: Answer Any Four of the foll : : Q4 5 What are structural repairs ? Describe the role of Mumbai Repairs and Reconstruction Board in case of repai and reconstruction of dilapidated buildings 2 b) Describe the ‘different Coastal Regulation Zone and the activities permitted and im each ofthese Zones. Seercracebelpurpore aul procedure dor eaiuisttion|ofiiand/aader the Fy Reecensation and Transparency in Land Acquisition, Ret Resettlement Act, 2013. % in details the documents which shall be registered under the Registration Act. soe usin Jie documents which may be registered under the Registration Act, 1908 eee rnd Records” and the authorities responsible for maintaining the land records under the Maharashtra Land Revenue Code, 1966, = 48 marks. and pe ei APE eepemmitted: ti) the terms and conditions on which and the extent to which an village may obtain a) woodstimber, fuel or any other forest produce; b) murut earth, clay, s1 St resident of im, kankar, san S oF any otherminor minerals. [Section 162 of the MLR Code]. i) ne “Agriculturist” under the BTAL Act, 1948. swer 2 Agri is ‘a person who cultivates land personally. [Section 3 (2 Define “Land” under the Land Acquisition Act, 1894. Answer : Land includes benefits to_arise out of land, and things attached to earth or to anything.attached to the earth:[Section 3 (a) of the 1894 Act & 3 of the 2013 Act]. * Four of the following : "under the MHADA. Development. o of the follo RC, 1966 reviewed an earlier order. lating to appeal ? = 12. after passing of the order, if there i574 discovery of new and idence or mistake is apparent in the order passed, or if there is am Is order can be varied or reversed. Such variance or w of the order. issued by “Appropriate Government” on a proposed the Preliminary Noti ion. al gazette: 2y in two daily news papers circulatin; ity and in the office of the te and the Tehsil, 4) uploading on the website in er_as_may be ake aware the land owners nd and invite their objections against on Act to reconsider the awardLand Law 256. Author — Prof, Prakash_K. Mokal. Answer : Award m€ans the fair compensation granted by the Collector after determining the market value of the land which is.compulsorily acquired. ii) What are powers of civil court to reconsider the award passed by the Collector ? Answer : Under the new Land Acquisition Act, 2013, ie. “The Right to Fair Compensation and_Transparency_in_Land. Acquisition,Rehabilitation and Resettlement_Act, 2013”, the powers are vested "inthe Land-Acquisition, Rehabilitation-and Resettlement Authority. to re- determine the Award _passed-by.the..Collector— by summoning _persons/witnesses and examining them on oath, discovery and\production of any document, receiving evidence on affidavits, issuing commission for examination of witnesses, eto-[Section 60]. Q. 4: Answer Any Four of the following : = 48. a) Under the Maharashtra Land Ceiling Act, what are the restrictions on transfer of agricultural land ? b) Critically analyze the prohibited activities under Coastal Regulation Zone. c) Explain the procedure of compulsory registration of documents with exceptions, if any. ie seins d) Explain “Authorised development” under the MRTP Act, 1966. e) Explain the procedure of Appeal under the Land Acquisition Act, 1894. f) What are “Structural Repairs” ? Examine the procedure of Structural Repairs and Alternative Accommodation under the MHADA.Q. 2 : Write short notes (Any Four) : Q. 3 : Solve Any Two of the following : a) b) — See le pilot, viz. — SP apes) a FloorSpace Index (FSI) = Total covered area on all floors Plot area. a) Exempted Lands. b) Impounding. c) Regularization of Encroachments on Government Lands. d) Exception to S. 17 (1) of Registration Act, 1908. e) Family unit. f) Ceiling limit. Sibh Mr. Patil appears in the Proceedings conducted by special acquisition officer, but rejects the order of compensation passed on 5" Jan. 2014, i) What is the time limit for taking action against the order ? Answer : Action should be taken within 90 days of the passing of the order. ii) What are the legal remedies available to Mr. patil?” Answer : Mr. Patil can file Revision Application before the Authority constituted under the Land Acquisition Act, 2013. Shri Pandit in Maharashtra buys a non-judicial embossed Stamp Paper of Rs. 100 on 9"" January, 2014, for the purpose of Affidavit. 2 i) State the nature of the stamp paper bought by Mr. Pandit. Answer : It amounts toa “Impressed Stamp” as defined under Section 2 (k) of the Bombay Stamp Act, 1958. if) State the validity period of the non-judicial embossed stamp paper. Six months qron the led e_ 4 purchaseLand Law 253. Author — Prof. Prakash K. Mokal. c) Mr. Ramesh, Mr. Jayesh and Mr. Rajesh executed an instrument of gift of immovable property on 30 of January, 2014. On 1" February, at the time of registration, Mr. Rajesh had to go abroad urgently. The registration was done only by Mr. Ramesh and Mr. Jayesh. i) Is it necessary to register the gift of immovable property ? Answer : Yes, under Section 17 of the Indian Registration Act, 1908. the registration of the in: is = ii lat is the provision if Mr. Rasjesh comes after 6 months due to some unavoidable delay ? Answer : Under Section 23 of the Act, document must be presented within 4 months of its execution. Under Section 25 of the Act, if the-delay“in presentation due to unavoidable circumstances does not exceed 4 months, the Registrar may direct the registration on payment of fine. In the present case, Rajesh is delayed just for two months, hence, he can get document registered with the permission of the Registrar. Q. 4: Answer Any Four: = 48. a) What are Structural Repairs ? Examine the procedure of Structural Repairs and Alternative Accommodation under the MHADA. b) Which are the Coastal Regulation Zones ? Which are the regulated activities in the Coastal Regulated Zone? ©) Which are the matters to be considered in determining compensation by the Special Land Acquisition Officer? x d) What are Land Records ? Explain the Role of Talathi as to Record of Rights. ) Explain the consequence of non-registration of document. f) Explain the procedure for “unauthorized development” under the MRTP Act, 1966.#.0r land or part thereof which an agent or trustee who receives such rent a : the ent, etc, [Section 2 06) of ) 0! the MHADA). f) Whatis a “farming socie Answer. : The farming society is_a_societ registered as such under the law relating to Tegistration of co-operative societies with the object of increasing agricultural produc tion employment and the better utilization of resou : g) Define “dwelling unit’ Answer : Dwelling unit in relation to a building or a portion of a building, m accommodation in such building or portion, used solely for the purpose of r h) What is “workas land” ? Answer : Works land means land which is used for the purpose of ‘rab manure’ in connection Tice cultivation and is classified in the revenue record as_workas. On such land, cultivators cut grass, brush wood branches of trees and use them as rab or wood-ash for rice cultivation. i) What does “to hold” means ? Answer : To hold land under the Maharashtra Agricultural Lands (Ceilings on Holdings) Act. 1961, means to be a lawfully in actual possession of Jand as an owner or as a tenant. j) What is “foreshore” and “off-shore” ? Answer : Foreshore ~ It is land between the High Tide Line (HTL) and the Low Tide Line LTL) which gets covered during high tide and; Offshore ~ It is land between the High Tide yw Tide Line (LTL) which shows up during low tide. Line (HTL) and the Q. 2: Write short note on the following (Any Four) : ea a) Records of Rights. b) Vacant Land. ©) Public Purpose. d) Sanad. e) Adjidication. f) Wajib-ul-arz. Q.3 : Solve Any Two of the following : 8 a) Shri Ganesh files application to the Collector, Thane for conversion of mangroves land for setting up an industry. : i) What are the powers vested in the Collector in this regard and under which Act ?Land Law 250. Author — Prof, Prakash_K. Mokal. Answer : The Collector will not grant the § Zone. ii) Whether mangroves can be allowed to be removed under the law ? Answer : No, the mangroves are strictly not allowed to be removed as it is a part of eco: system which protects Environment. inad as the mangroves land falls in Eco-Sensitive b) Shri Mahesh owns 100 acres of exempted land in Raigad Zilla, under the M.A.L. (Ceiling on Holdings) Act, 1961. Shri Mahesh wants to purchase 50 acres of agricultural land yielding one crop in a year in the Raigad Zilla. i) What is the ceiling area for exempted land ? State the provision of law. Answer : A person or family unit can hold any amount of exempted land as there is no ceiling area for exempted land under Section-3-of-the Maharashtra Agricultural Land (Ceilings of Holdings) Act, 1961. ii) In the above case, if Shri Mahesh purchases the stated agricultural land, what the legal consequence ? Answer : If Shri Mahesh purchases the stated agricultural land then as a penalty therefor, right-title and interest of the person in the-land so acwuired or obtained, shall be subject t provisionsof@hapter TV, be forfeited, and shall vest without any future assurance in the State Government of Maharshtra. c) Shri Ganpat filed an application before the Collector in certain matter, an award was erdered by the Collector in January, 2014. On being dissatisfied, Shri Ganpat challenged the order of award before the Civil Court. i) Explain the term “Court”. ‘Answer : Court means a Principal Civil Court of Original Jurisdiction unless the appropriate iti n icial officer within powered to-do) a. wrt under tl ii) Whether any revision or appeal lies in the instant case under the Act ? : The Civil Court consider the revisions ‘OF ; ils under Section 18 of the Act Explain the consequence of non-registration of a document. 3 serra procedure of “Compensation” under Section 23 of the Land Acquisition Act, 1894. Explain the details permissible actions under the CRZ Regulation, ‘Section 88 and Section 89 of MHADA Act, 1976. Section 51 and Section 52 of the Maharashtra Land Revenue Code, 1966. | the procedure for “unauthorized development” under the MRTP Act, 1966,Q. 3 : Solve Any Two of the following : =12. a) Mr. Prashant Sheth filed application before Collector in certain matter, an award was ordered by Collector in September, 2013. On being dissatisfied, Mr. Prashant Sheth challenged the order of award before Civil Court. i) Explain the term “Court”. i Answer : Court means a Principal Civil Court-of Original Jurisdiction unless that appropriate authority has appointed a Special Judicial Officer within any specified local limit to perform the functions of the Court under the Act. ii) Whether any revision or appeal lies in the instant case under the Act ? Answer : The Civil Court can consider the revisions or appeals under Section 18 acting on the appeal or revision of the person interested. b) A Conveyance of immovable property valued of Rs. 2.4 Crores was executed on a October, 2013. However, same had not been registered. i) Can the above Conveyance be registered ? Answer : The Conveyance/Sale Deed has to be registered within four months of'execution of Deed, if not executed, it has to be registered in»the next four months with penalty not exceeding ten times the amount of proper registration. ii) Under the BTAL Act, 1948, what privileges are granted to the permanent tenants in regard to price ? Answer : 1. The land or proj arises, the executor cannot go to the Court/Litigation. — Mr. Pratap Rane, an agriculturist, transfers his agricultural land to an agricultural labourer in Nandurbar without first offering it to the permanent tenant of the land. i) Is the transfer to agricultural labourer valid ? pra aii J. perty is not legally transferred to the executor; 2. If any dispute ¢248. Author — Prof. Prakash _K. Mokal. Act, 1948 [finalized by the Tribunal , 1948, what privileges are granted to the permanent tenant in of land Answer : The privilege to the permanent tenant in regard to the price is that pric which shall be only six times the annual rent as per Section 4 of the B.T.A.L. Act, 19. Q. 4: Answer Anv Four of the following : = 48. 1) Explain the consequences of non-registration of document. 2) Explain in detail permissible actions under the CRZ regulation. 3) Explain the procedure for “unauthoFized development” under MRTP Act, 1966. 4) The Power of Collector and Procedure adopted for Land Acquisition for “Public Purpose”. 5) Elucidate the procedure of “Compensation” under Section 23 of the Land Acqui Act, 1894, 6) What are Land Records ?. Explain the role of Talathi as to Record of Rights. With Solutions ota 2: each : BE 3) What do you mean “impounding” ? :Q. 11: Write Short notes on An Four of the following : =20, (a) Family Unit. (b) Structural Repairs.. (c) Bonafide Industrial Use. (d) Public Purpose. (e) Sanad. (f) Exceptions to Section 17 (1) of the Registration Act, 1908. Q. IIL : Solve Any Two of the following : a2. a) In Wardha, the Collector passed an Award in June, 2013 in favour of Mr. Vinitkumar. Not being satisfied, Vinitkumar approached Civil Court. i) Explain the term Court. ie Answer : Court means, a Principal Civil Court of Original Jurisdiction, unless the appropriate Government has appointed (as it is hereby empowered to do), a Special Judicial Officer within any specified local limits to perform functions of the Court under the Land Acquisition Act, 1894. isiti 2 ii) Whether any appeal lies in the instant case under the Land Acquisition Act, 1894 ?Lendian, 245. Author ~ Prof Prakash K. Mokat. Answer : The Civil Court can reconsider the appeal for Award passed by the Collector under Section 18 acting on the appeal of the person interested. b) Mr. Sirnaik appears in the proceedings conducted by Special Land Acquisition Officer, but rejects the order of compensation passed on 7" October, 2013. i) What is the time limit for taking action against the order ? Answer : The limit is six weeks from the date of the Award passed b) Acquisition Officer. ii) What are the legal remedies available to Mr. Sirnaik ? Answer : Mr. Sainik has not accepted the Award, he can make an application to the Special Land Acquisition Officer making a reference of the issue to the Court. Such an application for reference can be made under Section 18 of the Land Acquisition Act, 1894. ©) Shri Ram files an application to the Collector, Thane for conversion of mangrove land for setting up an industry. i)What are the powers vested in the Collector in this regard under the Act ? Answer : The Collector will not grant the Sanad as the mangrove land falls in Eco-sensitive the Special Land Zone. ii) Whether mangroves can be allowed to be removed under the law ? Answer : No, mangroves are strictly not allowed tobe removed as it is a part of eco system which protects environment. Q. IV: Answer Any Four of the following : = 48. 1) Explain in detail, permissible activities under the C.R.Z. regulation. What are Land Records ? How the purchases are recorded in Form VIU/XII of immovable property ? 2 Clarify in detail, the Classification and Ceiling Areas of Agricultural Land under the M.A.L. (Ceiling on Holdings) Act, 1961. 3 4) How is Sanad obtained under the M.L.R.C., 1966 ? 5) pape the procedure for removal of “unauthorized development” under the .R.T.P.OH RE ES Wee ACGUISITION and Ri Answer : Acquisition connotes that the ownership o} ot a Corporation-owned or controlled by the Si right to is- transferred similarly without tran quisition 2 8) Explain Section 2 (6A) of the Bombay Tenancy and Agricultural Act, Answer + Section 2 (6A) of the Act explains the “economic holding” land he pa" PWhetheras an owner or tenant, or iS Ow area of land fixed as.an-economic-holding-under Section 6 or 7”. 9) What is foreshore and offshore ? Answer : Foreshore — The land between the High Tide Line (HTL) and the Low Tide Line LTL) which gets covered during high: ind shows-up'during Tow tide=Offsh = ‘hic! ot get c% during high tidebelow high water mark-is said ‘to be-foresho; 10) What is a Farming Society 2 Answer _: The Farming Society is a socie! registered as such under the law relating = ea = . - ae societies with object of increase agricultural production. employm Q.2: Write short [Any Four) : 20. Ghat Building Repairs and Reconstruction Cess. 4) Structural Repai "i 6) Vacant Land. Q.3: Answer the following (Any Two): a2. 1) Under Section 53 of the Maharashtra Regional and Town Planning Act, 1909, the Planning Authority served a notice upon Shri Patil the owner, and Shri Mhatre the occupant of the Jand, calling upon him to remove unauthorized development within 1 month of service of notice, and to restore land to its pre-development conditions. Mr. Mhatre is in the occupation of land. a) Is the notice served upon Mr Mhatre valid ? Answei ‘es, the notice served upon Mr. Mhatre is valid.Land Law 242. Author — Prof. Prakash_K. Mokal. ing Authority in case the not : 1g Authority in eviction of the person unauthorisedly occupying land. ©) Who is liable for expenses incurred in case of demolition by the Planning Authority ? Answer : The persons who are occupying the place are liable for expenses inc demolition by the Planning Authority. 2) Mr. Ramesh, Mr. Jayesh and Mr. Rajesh executed an instrument of gift of immovable property on 30" August, 2007. On 1" September, at the time of registration, Mr. Rajesh had to go abroad urgently. The registration was done only by Mr. Ramesh and Mr. Jayesh. a) Is it necessary to register the gift of immovable property ? Answer : Yes, it is necessary to register the gift of immovable property, b) By what period, should Mr. Rajesh return to complete the registrati Answer_: Mr. Rajesh should return within 4 months.of-the gift deed made, to complete the registration, ©) What is the provision if Mr. Rajesh comes after 6 months due to some unavoidable delay ? Answer_: The provision-of _penalty-is"tweresif-MireRajeshcomes.alter-6.months due to some unavoidable delay. 3) Under an Award under the Land Acquisition Act, an amount of Rs.10,00000/- is paid to the land owners as compensation. a) Name the date which is reckoned for determination of market value of the acquired land. Answer : The value of the Jand at the date of publication of the Notification under Section 4 of the Land Acquisition Act is reckoned for determination of the market value. b) What happens if the Award is not made within the prescribed time under Section 11A of the Land Acquisition Act ? er: The ean Award under Section 11 -within“a'period oF two" years -of the publication of the declaration, and if no Award is made within the period she entize proceeding for the acquisition ofthe land shall lapse. ‘c) Name the Sections which govern the grant of compensation, yer : Section 5 of the Land Acqui 1894 provi is not complied with ? ase the notice is not complied with, is ) Can a land owner ask for more compensation on the bi acquired property would he put to ? No, Answer : No, the land owner cannot ask for more compensation on the basis of the use for : " SSL. of the use for which the i ace ee = 48. pa is a Public Purpose under the Land Acquisition Act, 1894 ? How is land acquired during urgency ? 2) Explain Section 51 and Section 52 of the Maharashtra Land Revenue Code, 1966,aes tual or not. 8) What does a “Wajib-ul-Arz” contain ? ; Answer : The Wajib-ul-arz is a record of the customs-in-each village drawn up_by th Collector in regard to the community rights to investigation, right of way or other easements, right to fishing-ineany Tand or water belonging or controlled or managed by the State Government or a local authority. It is land record of unalienated lands h) What is Joint Family Society ? Answer : Joint Farming Society means, a joint farming society (registered or deemed to _be registered as such, under any law for the time being in force relating to the registration of co- operative societies) the members of which cultivate jointly the land held by the members or by the society. i) Explain the term “full assessment”. Answer : The term “full assessment” refers to the actual assessment of an individual plot in cach Revenue Division fixed by the Collector which is an amount equal to the product of the standard rate of assessment in rupees per square metre and the area of the plot rounded off in the prescribed manner. i) Under the Bombay Tenancy and Agricultural Lands Act, 1948, who is a small holder ? Answer : Small holder means, an agriculturist-cultivating land less in area than an economic holding who earns his livelihood principally by agricultureombyagriculturallabour. Q. 2 : Write short notes on Any Four : = 20. a) Coastal Regulation Zone. b) Impounding. ©) Adjudication. d) Exempted Lands. e) Sanad. f) Regularization of Encroachments on Government Lands. 3: Solve Any Two of the following : =12. a) Land is acquired by the Union Government and an Award passed on w 5" January, 2005 and possession is taken by the Union Government on 5" May, 2005.Land Law 239, Author ~ Prof. Prakash K. Mokal. b) 9 i) Define ‘land’ under the Land Acquisition Act. Answer The expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the ii) What does an Award deal with ? Answer : An Award deals with the area of the land acquired; the compensation awarded and the distribution of the compensation among the persons interested. es? When does the land yest in the Union Government, free from all encumbra Answer : When the Collector takes the possession of the acquired land, the land vests in the Union Government free from all encumbrances. iy) If the land acquired is not utilized for the purpose for which it is acquired, can the landowner ask for the return of his land ? Answer : No, as the vesting in the Government is absolute under Section 16 of 1! Acquisition Act, 1894. -y) When do land acquisition proceedings lapse ? Answer : Acquisition proceedings lapse under Section 11A, when the Collector does not make an Award within 2 years from the date of the publication of the declaration. Mr. Rajesh, in Maharashtra buys a non-judicial embossed stamp paper of Rs. 100 on 1" November, 2012, for the purpose of Affid: i) State the nature of the stamp paper bought by Mr. Rajesh. Answer : It is a Non-Judicial Embossed stamp paper. judicial embossed stamp paper. ii) State the validity period of the non- ‘Answer : The validity of the Non-Judicial Embossed stamp paper is six months from the date e Land Mr. Ram owns 100 acres of exempted land in Thane District, under the M.A.L (Ceiling ‘on Holdings) Act, 1961. Mr. Ram now wants to purchase 50 acres of agricultural land yielding one crop in a year in Thane District. i) What is the ceiling area for exempted land ? State the provision of Ia hold any amount of exempted land under as there is no or fami ilis lan ler Section 3 of rashtra Agricultural Land (Ceiling onal ii) In the above case, if Mr. Ram purchases the stated agricultural land, what will be the legal consequence. yerefor, the right bj = 48. ‘a) Which are the matters to be considered in determining compensation by the Special Land Acquisition Officer? 'b) Under the Bombay Tenancy and Agricultural Lands Act, 1948, sale of agricultural land to a particular person can be made at a reasonable price with the permission POPE MAIL, ESL SPae such building or land or a part Siero hereof or who thereof and includes his agent, a trustee, even where any bu to religious or charitable purposes, receiver or manage i) Which eeaeamcocement date under the M.A.L.C. Cefling on : The ite means the 2" day of October, | Q. 2 :Write short notes on Any Four : =20. a) Family unit, AnsWer: As explained in Section 4 of the M.A.L. Ceiling on Holdings Act. 1961. b) Hearings under the Land Acquisition Act, _ Hearings under Section 5A and Section 111 of the Land Acquisition Act, 1894. o Kacroachment of Government Land. Answer : Sections 50 and 51 of the Maharashtra Land Revenue Code to be analyzed d) Planning Authority under MHADA. Answer: The Existing Board under Section 2 clause 14 with emphasis on the Reconstruction Board [to be analyzed [MHADA]. e) preeea Swer : Section 2 (k) of the Bombay Stamp Act, 1958 to be analyzed. = 12, Se under Section 18 ofthe Land Acquisition Act shall tate the grounds on which objections to the award is taken.id Law 236. Author — Prof. Prakash _K, Mokal. i) What are the objections to an award which a person interested can take up under Section 18 ? Answer : The objections can be to the measurements made under Section 8 on the measurement of the land, the amount of compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested. ii) State the pre-conditions which must be fulfilled before such an application is made. Answer : The person interested should not have accepted the Award, and the same should have been expressed by accepting the payment of the compensation under protest. b) Mr. X wants to construct a building in a area notified as tourist place or hill station in tra. i) Does Mr. X need to apply for conversion of land ? Explain. Answer : No, since, the use falls in the purpose of “bonafide industrial use" under Section 444 of the Maharashtra Land Revenue Code, 1966, only intimation within 30-days of change of user, be given by the so using; to the Tehsildar, and copy endorsed to the Collector ii) Name jority under the M.L.R. Code, 1966, which deals with land conversion. Collector is the Authority under the M.L.R.Code, 1966, dealing with Land ©) Mr. M, an agriculturist, transfers agricultural land to an agricultural labourer in Thane district without omvering it first fo the pecmanenttenant. of the land. i) Is the transfer to the agricultur urer, valid ? transfe icultural labourer, is not valid, as it is in violation of the i e B.T.A.L. Act, 1948 finalized by the Tribunal. ii) What is the privilege available to the permanent tenant in regard to the price under the B.T.A.L. Act, 1948 ? . : vi 4 i = 48. a) pe are the permissible activities in Greater Mumbai under the Coastal Regulation©) Public Purpose, Answer Analys\ Public Purpose” under Section 3 (f) of the La 1) Impounding. Answer : a) The person interested under the Land Acquisition Act, can express his dis-satisfaction with the Award passed under Section i) Explain the term “person interested”. Answer : Person interested includes all persons claiming an interest in compensation to be made on_account of the acquisition of land under this Act, and a person shall be deemed to be interested in land if he is interested in an easement affecting the land. ii) How can the person interested express h Answer :_A_person_interested_can_express“his_dis-satisfaction with the Award by not lication to the Collector/S.L.A.O. to make reference to the Court withinprescribed time limit under Section 18 of the Land Acquisition Act, 1894. b) A Conveyance/Sale Deed of immovable property valued at Rs. 1 Crore executed on 1° February, 2010 is not registered within 4 months of execution. i) Can the above conveyance be registered ? Explai Answer : The conveyance can still be registered whef the delay is explained owing to legal necessity or unavoidable within the next four iths by payment of fine not exceeding ten times the amount of the proper registration fee under Section 25. ii) State two consequences on non-registration in the above case. Answer : a) Conveyance does not affect the immovable property. b) The conveyance cannot ivi an evidence of any transaction affecting the pro) 3 c) Mr. Ram owns 50 acres of dry-crop agricultural land in the suburbs of Mumbai. He decides to purchase more agricultural dry-crop land in the suburbs of Mumbai. i) What is the ceiling area for the above land ? £ ili land is 54 i ii) If Ram purchases further land as stated above, what could be the legal consequence ? a Si woul as_a_willful i i ii son in the 4+ Answer Anv Four of the following:Q2: a) b) Authorised °) a) 9 Q.3: n_whose principal m Write short Hotes on Any Four of the following : Exempted Lands. Answer : Se ection 47 of the Maharashtra A; ricultural Lands (C lin; Development, Answer 3 Section 44 and 45 of the MRTP Act. 1966. Award under Land Acquisition Act. Answer : Section 11 and 114 ofthe Act, Section U1 and 11 A of the Act, Documents of which Registration is optional. Answer Section 18 of the Indian Registration Act, 1908, Adjudication, Answer : Auswer: Section 31 of the Bombay Stamp Act, 1958. Regularization of Encroachments on Government Lands, Answer : Se ection 51 of the Maharashtra Land Revenue Code, 1966, ns of livelihood is manual |, air (fe Rs LS Cultural labourer means @ person whos: on land, abour = 20. g.on Holdings) Act, 1961 Solve Any Two of the following situational roblems : =12. rf under. the Pande SA USIGDSAi kt ross, the Collector — i) Explain the term “Court”.Land Law 228. Author — Prof. Prakash K. Mokal. b) °) Answer : Court means, a Principal Civil Court of original jurisdiction unless the Appropriate Government_has_appointed_a_special judicial officer within any specified local limts to perform the functions of the Court under this Act. When can a Civil Court reconsider the Award passed by the Collector ? Answer : The Civil Court can*feconsider the Award passed by the Collector when the Collector makes a reference to the Court under Section 18, acting on the application of person interested. ‘A Will executed by Mrs. Rane on 1” January, 2011 is not registered. Mrs. Rane dies on 1" February, 2011. i) Is registration of a Will compulsory ? Answer : The registration of a Will is optional under Section 18 of the Indian Registration Act, 1908. ii) Is there any consequence for non registration of a Will ? In the above case, Will come into effect ? Answer : No consequences for non-registration of a Will, as Section 49 of the Indian Registration Act, 1908 does not apply to those documents. whose registration is optional under Section 18. will the Mr. Rahim owns 100 acres of exempted land in Thane District, under the M.A.L. (Ceiling on Holdings) Act, 1961. Mr. Rahim now wants to purchase 50 acres of agricultural land yielding one crop in a year, in Thane District. i) What is the ceiling area for exempted land ? State the provision of law. ‘Answer : A person or family unit can hold any amount of exempted Jand as there is no ceiling exempted land under Section/as per Section 3 of the M.A.L. (Ceilings on Holdings Act, 1961. if) In the above cas the legal consequence ? =o e, if Mr. Rahim purchases the stated agricultural land, what will be Section 21 of the M.A.L. (Ceilinga) To cultivate personally. Answer : Section 2 (8) and (9) of the M.A.L, (Ceilings on Holdings) Act, 1961 b) Matters to be neglected in determining compensa Answer : Section 24 of the Land Acquisition Act, 1894, ©) Bonafide industrial use. tion 44-A of the Maharash and enancy and Agricultural Answer : Bonafide industrial use as defined in Explanation to Sec! le or Explanation (a) to Section 63-A of the Bombay Lands Act, 1948, d) Occupier under MHADA. Answer: Occupier as defined undef Section 2 (25) of the MHADA, 1976. ¢) Impressed stamp. / Answer: a Section 2 (k) of the Bombay Stamp Act, 1958. 2 =12, Q. 3: Solve Any Two of the following situational problems : a) Mr. 'A’, who has executed a Will attested by two witnesses, desires to register the Will TAY, and approaches you for advice. De In the above a is ae compulsory ? egist b) An order is passed in Review under the Maharashtra Land Revenue Code by the Collector. = sin bane an appeal lie in the above case ?Prof. Prakash K. Mokal. Land Law 225. Author ii) Can there be a Review of a Review ? Answer : There cannot be a Review of.a Review as per Section 258 of the Maharashtra Land Revenue Code, 1966, Mr. 'X' applies to the Collector of Thane District for land conversion of land having mangroves for setting up an industry. i) In the above case, will the Collector grant the Sanad ? Answer : The Collector will not grant the Sanad as the mangrove land falls in Eco-restrictive ©) zon. ii) Under C.R.Z. in which zone do mangroves fall ? Answer : Under C.R.Z., mangroves fall in category I of the classification under the Notification of 1991 issued undef the Environment Protection Act, 1986. A Q. 4: Answer Any Four of the followin; a) 'C.R.Z. Notification seeks to prohibit certain activities in ecologically fragile lands’ — Analyze the statement. = 48. ‘The prohibited activities under Para 2 of the C.R.Z. Notification of 1991 have to be analyzed — ith v/s. Union of India. b) What are Land Records ? How are acquisitions of rights recorded in Form VII/XII ? ition of Land Records as. tion 2 (18) of the Maharashtra Land Revenue Code, 2 for ling Acquisition of Rights ~ Sections 149, 150 and 151 of the i to lyzed. ©) How is land acquired under the L. A. Act, 1894 ? = dons 4 to 17 of the Land Acquisition Act, 1894. d) Set out the restrictions on transfer of agricultural land to a non agriculturist under B.T.ALL. Act, 1948, ofthe B.T.A.L. Act, 1948, e) Under the M.R.T.P. Act, analyze the consequences of Unauthorized Development ?award, but ©) Farm Building, Answer tion 2.9) of the M.LR.C. 1966 to be analyzed ponstrusted as per Section 41 is for agricultural use Ase of land, inviting penalty under Sectinn fe \g.Denallty but in_violation ing Board under MHADA, Answer ; ‘Section 2 (14) of MHADA 76 to be analyzed, ©) ‘Chargeable’ under the Bombay Stamp Act, 1958, Answer ; Section 2 (d) of the Bombay Stamp A ‘sxecution attracts stamp duty, Q. 3: Solve Any Two of the following situational roblems : 12. 1OS8 tobe analyzed — the charging event of a) Under the Land Acquisition Act, 1894, Section 28-A seeks to provide an avenue of fo an interested person who did not apply under Section 18 of the Land Acquisition Act, 1894, i) What is the time limit for Section 28-4 application ? Answer : The time limit is three months from the date of knowledge of the Award of th court, ii) What is the object of Section 28-A of the Land Acquisition Act, 1894 2 Answer : The Object of Section 28-A is to do distributive justice to the persons inter whe licati enhan i de e ») Mr. 'X! seeks to file an appeal from an order passed by the Collector under Section 44 of the Maharashtra Land Revenue Code, 1966. i) What does Section 44 of the M.L.R. Code deal with 2 Answer : It deals with the procedure of conversion of land use, application to be made to the Collector, if successful, leading to grant of Sanad. Application to be made by occupier of Jenated land or a superior holder of alienated land ora tenant of such land ii) To whom does the appeal lie in the above case and what is the time li 2A lies to isi issioner within 90 da e Divisi by the Appellant. ¢) Mr. 'A' inherits agricultural land in excess of the ceiling area of Section 2 Clause 5 (a) of the M.A.L. (Ceilings on Holdings) Act, 1961 in Thane District of Maharashtra. State the Ceiling Area for the referred class of land. eee ili at 1 ae lass is 18 acres or 7.28.43 Hectares. ii) State the term which could describe the land in excess of the ceiling area in Mr. ‘A's case, it?Land Law 222. Author — Prof. Prakash _K. Mokal. Answer : "Surplus Land’ is the term which could describe the land in excess of the area in Mr. 'A’s case Q. 4: Answer Any Four of the following : = 48. a) Which are the areas covered under C.R.Z. ? Analyse the classification under C.R.Z. Answer : ‘Areas included in C.R.Z. as per the Notification of 1991 to be analyzed — Coastal_Area Classification and Development Regulation of Annexure | to be dealt with indicating the respective areas included in C.R.Z. — Category I, Il, Ill and IV. b) State and explain the procedure for grant of Sanad. Answer : Procedure under Section 44 of the M.L.R.C. to be analyzed ~ Permission for conversion as a condition precedent — Procedure under Section 44-A — Bonafide industrial use to_boost individual growth to be analyzed — Under Section 44-A change of user first, intimation to Tehsildar within 30 days of bonafide industrial use with copy to Collector. Set out exceptions to Section 17 (1) of the Registration Act, 1908. Answer : Section 17 (2) of the Registration Act, 1908 as setting out cases when Section 17 (1) would not apply, to be analyzed. 4) Analyse the restrictions on transfer of agricultural land to an agriculturist under the B. T.A.L. Act, 1948. Section 63 — Transfer to_an_agriculturist cannot be in violation of the ceiling area of the MALL. (Ceilings on holdings) Act, 1961. i 5 TALL. Act 1948 deals wit fixation of the Reasonable Price by the ‘Tribunal or Mamlatdar whenever it is sale of agricultural land. The Landlord, under Section 64 of the B.T.A.L. Act, 1948, has to apply to the Collector for e) Analyse Authorised Development. Answer: