I am Nitin Y. Deshpande, primarily involved in the development of the land. The base of my business is in the Raigad district of Maharashtra. At the early stage of my business I was under the impression that development of the land is a relatively simple subject, however, after 15 years of experience in this field I came down to a conclusion that land development is a complicated, tedious and a vast subject. People have been suffering from a lot of financial losses in this business area. My effort to create this website is to devote some knowledge I have gained during my career, to the people who are interested in the business of land transactions.
What do you mean by Land?
Before entering in this field neither have I asked this question to myself nor has anybody asked me this question. The question is simple yet important. The question is “What do you think a land is?” I am sure you might think that I am insane.This is what you will probably think of because you may say you stand on a land and carry your day to day activities on the land. However, in the legal terms, land holds a different meaning.
Meaning of land in legal terms:
In land transactions we must take into consideration the legal meaning of land. The term land means not only surface of the earth but everything on, over and under it. Land means surface of the ground, the airspace over it, Rivers, well; Streams, Creeks and Lakes etc. Land also means things permanently attached to the earth. Accordingly standing trees and buildings are land. Land includes benefits arises out of the land and so Ferries, fisheries, right to collect and take away minerals underneath are land.
Ownership of Land:
God is the sole owner of land because He is the Creator. Until it is sold, the creator of an item [or the one who paid him to create] is the owner. Obviously, no one hired God to create the universe so He is the ultimate Owner by right of creation. This is general principle accepted by human being. Government is the administrator of the land. It can grant land and can take back land for the public purpose.
So we are not the owner of the land but are the holder of the land. All lands which are not property of persons are Government lands for example; public roads, lanes and paths, the bridges, the bed of the sea and of Harbour and creeks below the high water mark, and of rivers, streams, nallas, takes and tanks and all canals and watercourses, and all standing and flowing water, and all lands wherever situated, which are not the property of persons legally capable of holding property.
There is difference in development of the land and improvement of the land. "Improvement" in relation to land means any work which adds materially to the value of the land for better cultivation. For example the construction of tanks, wells, water channels, embankments and other works for storage and supply or distribution of water for agricultural purposes etc. Whereas development makes land unfit for cultivation. So development is non agricultural activity.
The legal framework controlling development is primarily provided by the MR&TP Act, 1966. The Regional Land Use Plan and the Development Control (DC) Regulation are the two basic instruments that regulate development. There are, however, host of other instruments, such as, Industrial Location Policy, MLR Code, forest conservation Act, 1980, Environment (Protection) Act, 1986, etc. which have played important role in regulating development in the Region.
For further information on the subject of land transactions, you may e-mail me at firstname.lastname@example.org.I welcome your suggestions on this topic.