Bombay tenancy and agricultural lands act,1948
During the British rule, the government had introduced various land revenue systems such as
The Zamindari system, Raiyatwari system and Mahalwari system which were introduced in
order to maximize the collection of land revenue. In doing so, certain intermediaries such as
the ‘zamindars’ were given powers to collect land revenue from farmers. However, due to
factors beyond farmers' control eg, floods, irregular rainfall and droughts, they were often
unable to pay the required land revenue. With no reprieve available to the farmers, they were
forced to mortgage their lands at exorbitant rates in order to pay land revenues and
subsequently failed to redeem the mortgaged lands. The landowners in turn let farmers
continue to work these lands in return for either the produce they cultivated or money.
Kul Kayda Act, which is also known as the Maharashtra Tenancy and Agricultural Act, 1948
was implemented to protect the rights of the tenant and to reform existing agricultural land
law. Under section-43 of this Act any land acquired by a tenant shall not be entitled to sell,
transfer the said land without the prior approval of the Collector.
The main objective of the Maharashtra Tenancy and Agricultural Lands Act, 1948 was to
make land reforms and provide relief to the tenants of agricultural land. Through the
provision of this act the state assumed the management of landowners' estates in order to
improve the economic and social conditions of farmers and ensure the full and efficient use of
agricultural land.
Maharashtra land revenue code,1966-
Earlier, the Bombay Land Revenue Code, 1879 was a comprehensive legislation dealing with
land revenue administration in the then Bombay Province. It was later repealed and replaced
by the Maharashtra Land Revenue Code, 1966 on 15th August 1967.
Section 2 (19) of the Act defines Land Revenue as all the monetary sums and payments
received or legally claimable by or on behalf of the State Government from any person on
account of any land or interest in land or right exercisable over land or vested in him under
the provisions of law.
In the State of Maharashtra, the law relating to land and land revenue is codified and
consolidated in the Maharashtra Land Revenue Code, 1966. This Act extends to the whole of
the State of Maharashtra.
The Act came into force on 15th August 1967 and has regularly been amended since its
enactment. After its commencement this Act has repealed 7 earlier enactments including the
Bombay City Land Revenue Act, 1876; The Bombay Land Revenue Code, 1879; The
Bombay City Survey Act, 1915; etc. The Act consists of around 337 sections which are
further divided into 16 Chapters. The Act contains 10 Schedules.
The Bombay stamp act, 1958
The Bombay Stamp Act, 1958 came into force on 16th Feb, 1959 and is applicable in the
State of Maharashtra. The Act is intended to levy stamp duty on certain types of documents
executed in the state or brought from outside for acting upon the same in the state. The
various instruments/documents are broadly covered under different 62 articles listed in
Schedule-I appended to the Act. The rates at which stamp duty is levied on these documents
are mentioned in Schedule I. The Bombay Stamp Act levies stamp duty on documents or
instruments by which any right or liability is, or purports to be created, transferred, limited,
extended, extinguished or recorded.
Stamp Duty- It is a type of tax which is paid to the State Government for the transaction
performed by way of document or instrument under the provisions of Bombay Stamp Act,
1958 and Indian Stamp Act, 1899.
The Maharashtra agricultural land (ceilings on holdings act)act, 1961
India introduced land ceiling laws in the early years following Independence to deal with the
zamindars and enforce restrictions on land ownership. The term "ceilings on landholdings"
referred to a set legal limit above which no farmer or farm household could own any land. A
ceiling of this kind was put in place to prevent the land from becoming concentrated in the
hands of a selected few. Individual and family landholdings were inspected, and huge, vast
farms were discouraged.
Setting a limit on the amount of land that any one person or family may own is
known as a ceiling on land holdings.
The primary purpose of ceiling limits is to restrict land ownership.
The land ceiling has two components: the establishment of a ceiling limit and
the acquisition of surplus land and its distribution among small farmers and
landless workers.
The imposition of agricultural holding limits is primarily a redistributive measure.
Land that a family or person owns in excess of the ceiling amount is classified
as surplus land.
The success of a restriction on land ownership resides in a number of factors, such
as reducing the likelihood of inequality or preventing wealthy people from
acquiring more land for their own gain.
The second Five-Year Plan (1956–1961) suggested placing limits on agricultural holdings in
order to lessen the inequalities in the structure of land ownership and make some land
available for distribution to landless agricultural labourers.
It was planned for the state to buy land over a particular threshold and distribute it to small
farmers and landless laborers so they could establish economic holdings.
Development control regulation,1991
These regulations apply to construction and development, part construction, change of
occupancy and reconstruction of buildings and excludes lawfully established use or
occupancy of an existing building unless, in the opinion of the Commissioner, such a building
is unsafe or constitutes a hazard to the safety of adjacent property.
Indian City Properties Ltd. & Anr v. The Municipal Commissioner of Greater Bombay
Judgement-Floor Space Index (FSI) as defined in regulation 3(42) of Development Control
Regulations of Greater Bombay, 1991 merely relates to the permission to build having regard
to various features such as height of the building, tenement density, object with which the
building is to be erected etc. and not to Open space and Features permitted in open space as
laid down in regulation 3(64) and 30 respectively. The appellants’ case pertains to open space
and features permitted therein and is also well within FSI computation as per regulation 35,
hence the notice specifying possession was declared to not have any legal effect and the
Authority was directed not to proceed along its lines.
21. Collector to make declaration regarding surplus land etc., and consequent thereof. -
(1) As soon as may be after the Collector has considered the matters referred to in section 18
and the questions, if any, under sub-section (3) of section 20, he shall make a declaration
stating therein his decision on-
(a) the total area of land which the person [or family unit] is entitled to hold as the ceiling
area;
(b) the total area [* *] of land which is in excess of the ceiling area;
(c) the name of the [landlord] to whom possession of land is to be restored under section 19,
and area and particulars of such land;
(d) the area, description and full particulars of the land which delimited as surplus land;
(e) the area and [particulars of land out of surplus land, in respect of which the right, title and
interest of the person [or family unit] holding it] is to be forfeited to the State Government.
[The Collector shall announce his declaration in the presence of the holder and other persons
interested who are present at the time of such declaration.]
(2) After a declaration under sub-section (1) is made [the Collector shall prepare a statement
in the prescribed form giving details of the area], description and full particulars of the land
which is delimited as surplus land, [and also of the land therefrom, the right, title and interest
in which is] to be forfeited to the State Government. [The Collector shall affix a copy of the
statement at the village chawdi or any other prominent place at the village and shall also
despatch a copy of the statement to the person or to the member of the family unit interested
in the land delimited as surplus. On the date of the announcement of the declaration
mentioned in the preceding sub-section] [the right, title and interest in the land which] is
liable to forfeiture shall stand forfeited to and vest in the Government. [On and after the dace
of announcement of the declaration] no sale, gift, mortgage, exchange, lease or any other
disposition (including any transfer in execution of a decree or order of a court, tribunal or
authority) shall be made of the land which is delimited as surplus land. If any such
disposition or transfer is made, it shall be invalid, and of no effect.
[Explanation. - Declaration of any land as surplus shall not be deemed to be invalid merely
on the ground that the statement giving details of the land is not affixed as aforesaid or has
not been dispatched to the person or member of the family unit as provided in sub-section
(2)]:
Provided that, if-
(a) any right of resumption under the relevant tenancy law in respect of, or
(b) possession of or right to possession of,
any land delimited as surplus, as subject to proceedings under any other law in any court or
tribunal, or before any authority, then so much only of the land as the holder of the surplus
land is such proceedings is finally held-
(i) not to be entitled to retain, or
(ii) not to be in possession of, or not to be entitled to possess, may be transferred in pursuance
of such proceedings.
[Explanation. - For the purposes of this proviso, the proceedings means proceedings for
acquisition of land for a public purpose or for the sale of land for realisation of land revenue
or sums recoverable as arrears of land revenue, and any other proceedings instituted before
the 26th day of September 1970 and pending on the commencement date in any court, or
tribunal or before any authority.]
(3) The declaration made under this section, [subject to the decision of the Maharashtra
Revenue Tribunal in appeal under section 33, or of the State Government in revision under
sub-section (2) of section 45], shall be final and conclusive, and shall not be questioned in
any suit or proceedings in any court.
(4) [As soon as may be after the announcement of the declaration referred to in sub-section
(2), the Collector,] shall take, in the prescribed manner, possession of the land which is
delimited as surplus [and in the case of land which the landlord is entitled to resume, restore
possession of the land to the [landlord named] in the declaration]. The surplus land shall, with
effect from the date on which the possession thereof is taken as aforesaid be deemed to be
acquired by the State Government for the purposes of the Act and shall accordingly vest
without future assurance and free from all encumbrances in the State Government :
Provided that in the case of surplus land referred to in the proviso to subsection (2) the
Collector shall, after the proceedings are finally decided, take possession of so much only of
the land which the holder of the surplus land is in such proceedings finally held,
(i) to be entitled to retain, or
(ii) to be in possession of, or to be entitled of possess;
and with effect from the date of taking over possession, the land shall vest in the State
Government as aforesaid.
[Explanation. - For the purposes of this proviso, "proceedings" has the meaning assigned to it
in the Explanation to the proviso to sub-section (2) of this section.]
(5) Where possession of any land delimited as surplus is handed over by holder in pursuance
of an undertaking given by him in any court, and that appeal filed by the holder against the
declaration of that land as surplus has been subsequently withdrawn or dismissed, the land,
notwithstanding anything contained in sub-section (4), shall with effect from the date on
which the possession thereof is taken by the Collector, be deemed to be duly acquired by the
State Government for the purposes of the Act, and shall accordingly be deemed to have been
validly and effectually vested without further assurance and free from all encumbrances in the
State Government from the date of taking over possession thereof.]
[21A. Damages for use and occupation of surplus land. - (1) A person or as the case may be, a
family unit which possesses on or after the commencement date any land in excess of the
ceiling area shall be liable to pay to the State Government for the period from the year
following the year in which the excess area so held is declared surplus till the possession of
surplus land is taken under section 21, such compensation for the use and occupation of such
land as the Collector may fix in the prescribed manner.
(2) Where an enquiry is pending on or after the commencement date for determining the
surplus land under this Act as unamended by the Amending Act, 1972, the holder shall be
liable to pay to the State Government for the period from the commencement date or the date
on which the excess area is declared surplus under section 21, whichever is later, till the date
possession of the surplus land is actually taken under that section, compensation for use and
occupation of such surplus land as the Collector may fix in the prescribed manner.]
Appeal under land acquisition act -
[54. Appeals in proceedings before Court. - Subject to the provisions of the Code of Civil
Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and
notwithstanding anything to the contrary in any enactment for the time being in force, an
appeal shall only lie in any proceedings under this Act to the High Court from the award, or
from any part of the award, of the Court and from any decree of the High Court passed on
such appeal as aforesaid an appeal shall lie to 4[the Supreme Court] subject to the provisions
contained in section 110 of the Code of Civil Procedure, 1908, and in Order XLV thereof.]
Land acquisition act
Judgment
Following the enactment of the New Act, the Tamil Nadu Government passed the Tamil Nadu
Land Acquisition Laws (Revival of Operation, Amendment, and Validation) Act, 2019 using
their statutory power under Article 254(2) with the intent to exempt the application of LARR
in three categories of projects for industrial and infrastructure purposes, which constitute the
majority of land acquisition. Their enactment was challenged in the Supreme Court via writ
petition, and the Supreme Court upheld the enactment on the grounds that, subject to the
assent of the president, a state can depart from the centre law under Article 254(2) of the
Constitution.
