Definitions and Meanings

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access

right of the owner of a piece of land to use a public road which is next to land, Clear approach to a plot or a building.

Means of Access:- These shall include the road/street/vehicular access way, pathway up to the plot and to the building within a plot.

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agricultural year

means the year commencing on the first day of April

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agricultural

means (includes) horticulture, poultry farming, the rising of crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, the use of land for grazing, cattle and for any purpose which is ancillary to its cultivation or other agricultural purpose.

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agriculturist

means a person who cultivates land personally;

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alienated

means transferred in so far as the rights of the State Government to payment of rent or land revenue are concerned, wholly or partially, to the ownership of any person ;

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Alteration in building

Any change in existing authorized building such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor, roof or other support or a change to or closing of any required means of ingress or egress. However modification in regards to gardening, white washing, painting, plastering, pointing, paving and retiling shall not be deemed to be alteration.

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amenity

means roads, streets, open spaces, parks, recreational grounds, play grounds, sports complex, parade grounds, gardens, markets, parking lots, primary and secondary schools and colleges and polytechnics, clinics, dispensaries and hospitals, water supply, electricity supply, street lighting, sewerage, drainage, public works and includes other utilities, services and conveniences.

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backward area

means any area declared by the State Government to be a backward area being an area in which, in the opinion of the State Government, socially, economically and educationally backward classes of citizens predominate; and includes an area declared to be a Scheduled area under paragraph 6 of the Fifth Schedule to the Constitution of India;

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Bagayat Land

This is classified in three categories:

a)     that watered by Govt. Canals notified by Govt.

b)    that irrigated by water lifted by ‘mots' ( pump) from wells.

c)     that watered by 'pat’( small canal)  water from bandharas ( dam) constructed in the beds or rivers or nalas (canal) at private or Government costs.

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boundary mark

means any erection, whether of earth, stone or other material, and also any hedge, un-ploughed ridege, or strip of ground, or other object whether natural or artificial set up, employed, or specified by a survey officer or revenue officer having authority in that behalf, in order to designate the boundary of any division of land ;

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Builder

Means the person who is legally empowered to construct or to execute work on a building unit, building or structure, or where no person is empowered, the owner of the building unit, building or structure.

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building

means any structure, not being a farm building ; any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, (wells in residential area,)  door steps, fencing, plumbing and building services, fixed-platforms, verandahs, balcony; cornice or projection, part of a building or anything affixed thereto or any wall fence enclosing or intended to enclose any land or space and signs and outdoor display structures. However, tents, shamianas and the tarpaulin shelters erected for temporary and ceremonial occasions with the permission of the Authority shall not be considered as building.

Residential Buildings:- These shall include any building in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities. It includes one or two or multi-family dwellings, lodging or rooming houses, hostels, dormitories, dharmshalas, apartment houses, flats, service apartment, studio apartment and private garages incidental thereto.

Educational Buildings :- A building exclusively used for a school or college recognized by the appropriate Board or University, or any other competent authority involving assembly for instruction, education or recreation incidental to educational use, and including a building for such other users incidental thereto such as library, coaching class or a research institution. It shall also include quarters for essential staff required to reside in the premises and a building used as a hostel attached to an educational institution whether situated in its campus or not and, also includes daycare purposes more than 8 hours per week.

Institutional Buildings :- A building constructed or used by Government, Semi - Government organization or registered trusts and used for medical or other treatment, a hostel for working women or an auditorium or complex for cultural and allied activities or for an Hospice care of persons suffering

from physical or mental illness, handicap, disease or infirmity, care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping accommodation, and includes hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental hospitals, houses of correctional detention and reformatories.

Assembly Buildings :- These shall include any building or part of building where groups of people congregate or gather for amusement, recreation,

social, religious, patriotic, civil, travel and similar purposes, e.g. theatres, motion picture house, drive-in-theatres, multiplexes, assembly halls, city

halls, town halls, auditoria, exhibition halls, museums, mangal karyalaya, cultural centre, skating rings, places of worship, dance theatres, club & gymkhana, passenger stations and terminals of air, surface and other public transportation services, recreation piers and stadia.

Business Buildings :- These shall include any building or part of building, which is used for transaction of business for the keeping of accounts and records for similar purposes; offices, banks, professional establishments, I.T. establishments, call centre, offices for private entrepreneurs, court houses, libraries shall be classified in this group in so far as principal function of these is transaction of public business and the keeping of books and records.

Office Building / Premises:- The premises whose sole or principal use is to be used as an office or for office purpose; "office purposes" shall include the purpose of administration, clerical work, handling money, telephone/ telegraph/ computer operations and "clerical work" shall include writing, book-keeping, sorting papers, typing, filing, duplicating, drawing of matter for publication and the editorial preparation of matter for publication.

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building line

means a line on either side of any highway or part of a highway fixed by State Government in respect of such highway or part of highway

The line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend. It includes the lines prescribed, if any, in any scheme and/or Development Plan. The building line may change from time to time as decided by the Chief Officer.

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building site

means a portion of land held for building purposes, whether any building be actually erected thereupon or not, and includes the open ground or courtyard enclosed by, or appurtenant to, any building erected thereupon ;

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Carpet Area

The net usable floor area within a building excluding that covered by the walls or any other areas specifically exempted from floor space index computation in these regulations.

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certified copy or certified extract

means a copy of extract, as the case may be, certified in the manner prescribed by section 76 of the Indian I of 1872. Evidence Act, 1872;

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chavadi

means the place ordinarily used by a village officer for the transaction of village business;

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Coastal Regulation Zone (CRZ)

means coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) up-to 500 metres from the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL

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competent to contract

Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.

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Consent

two or more persons are said to consent when they agree upon the same thing in the same sense.

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control line

means a line on either side of a highway or part of a highway beyond the building line fixed by State Government in respect of such highway or part of highway 

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to cultivate personally

“means to cultivate land on one’s own account—

(i) by one’s own labour, or (ii) by the labour of any member of one’s family, or (iii)        under the personal supervision of oneself or any member of ones family, by hired labour or by servants on wages payable in cash or kind but not in crop share,

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consolidation of holdings

means the amalgamation and where necessary the redistribution of holdings or portions of holdings in any village, mahal or taluka or any part thereof o as to reduce the number of plots in holdings;

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co-operative farming Society

means a society registered as such under the Bombay Co-operative Societies Act, 1925;

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cooperative Society

Cooperative Society” means a cooperative society registered or deemed to be registered under the Maharashtra Cooperative Societies Act, 1960.

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Detached Building

A building whose walls and roofs are independent of any other building with open space on all sides as specified.

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Development

means the carrying out of buildings, engineering, mining or other operations in, or over, or under, land or the making of any material change, in any building or land or in the use of any building or land or any material or structural change in any Heritage building or its precinct and includes demolition of any existing building, structure or erection of part of such building, structure of erection and reclamation, redevelopment and layout or sub-division of any land and to develop shall be construed accordingly.

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Dwelling Unit /Tenement

An independent housing unit with separate facilities for living, cooking and sanitary requirements.

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development plan

means a plan for the development or redevelopment of the area within the jurisdiction of a Planning Authority and includes revision of a development plan and proposals of a special planning Authority for development of land within its jurisdictions.

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Dry Land (Jirayat)

This means the cultivation mainly depends upon annual rainfall.

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environment

means (it includes) water, air and land and the inter- relationship which exists among and between water, air and land, and human beings, other living creatures, plants, micro-organism and property

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environmental pollution

means the presence in the environment of any environmental pollutant;

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estate

means any interest in lands and the aggregate of such interests vested in a person or aggregate of persons capable of holding the same ;

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ex-serviceman

means former member of armed forces of the union other than a person who has been dismissed or discharged after a court martial or on account of bad character.

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family

other than a Joint Hindu family, in relation to an individual for purposes of grant of land, includes husband, wife, minor sons, unmarried daughters and dependent brother, sister, father and mother, whether or not they are separate in estate, but does not include brothers who are major and separate in estate and the father or mother who is not dependent on such individual;

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farm building

means a structure erected on land assessed or held for the purpose of agriculture for all any of the following purposes connected with such land or any other land belonging to or cultivated by the holder there of, namely :-

(a)for the storage of agricultural implements, manures or fodder,
(b)for the storage of agricultural produce,
(c)for sheltering cattle.
(d)for residence of members of the family. servants or tenants of the holder, or
(e)for any other purpose which is an integral part of his cultivating arrangement

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(in) fee simple

British law word. As per Indian law:- freehold

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Floor space index (F. S. I)

The quotient obtained by dividing the total covered area (plinth area) on all floors by the area of the plot.

F.S.I. = Total covered areas on all floors divided by Plot area

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fragment

means a plot of land of less extent than the appropriate standard area determined under The Bombay Prevention of the Fragmentation and Consolidation of Holdings Act, 1947

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fraud

any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract:-

 

 

(1)

the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

 

 

(2)

the active concealment of a fact by one having knowledge or belief of the fact;

 

(3)

a promise made without any intention of performing it

 

(4)

any other act fitted to deceive;

 

(5)

any such act or omission as the law specially declares to be fraudulent. (The Indian Contract Act, 1972)

 

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freedom-fighter

means a person who has suffered imprisonment or detention of not less than one month or who was fined Rs.l00 or more, or who died or was killed in action or in detention, or was awarded capital punishment or became permanently incapacitated due to firing or lathi-charge, or lost his property or means of livelihood, on account of his participation in the National Movement for the emancipation of India;

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Front space of the building:-

The space between the boundary line of plot abutting the means of access / road / street and the building line. In case of plots facing two or more means of accesses / roads / streets, the plot shall be deemed to front on all such means of access / road / streets.

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gaothan or  village site

means the land included within the site of a village , town or city and not the total land shown in the village record.

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Government lessee

means a person holding land from Government under a lease as provided by section 38

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hazardous substance

means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment

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Heritage building

means a building possessing architectural, aesthetic, historic or cultural values which is declared as heritage building by the Planning Authority in whose Jurisdiction such building is situated;

 

highway

means any road or way over which the public have a right of way or are granted access and which is declared to be a highway by the State Government and classify it as,—

(i) a State highway (Special); (ii) a State highway; (iii) a major district road; (iv) other district road; or (v) a village road.

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to hold land  or  to be a land holder of land

means to be lawfully in possession of land, whether such possession is actual or not

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holding

means a portion of land held by a holder;

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improvement

in relation to a holding means any work which adds materially to the value of the holding which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on directly for its benefit or is, after execution. made directly beneficial to it; and, subject to the foregoing provisions, includes-

(a)the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;

(b)the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water ;

(c)the planting of trees and the reclaiming, clearing, enclosing, leveling or terracing of land ;

(d)the erection of buildings on or in the vicinity of the holding, elsewhere than in the gaothan required for the convenient or profitable use or occupation of the holdings ; and

(e)the renewal or reconstruction of any of the foregoing works, or alternations therein or additions there to ; but does not include-

(i)temporary wells and such water-channels, embankments, leveling, enclosures or other works, or petty alterations in or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture ; or

(ii)any work which substantially diminishes the value of any land wherever situated, in the occupation of any other person, whether as occupant or tenant;

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Intangible immoveable property

means benefits arising out of tangible immoveable property. example:- (i) a license to enter land and fish (ii) a right to catch and carry away fish (iii) a right to collect dues at a fair held on a plot of land (iv) a fishery v) a ferry vi) a right to enter upon land and remove trees (vii) a right to graze over land of another.

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Jamabandi

Means annual settlement of Village Accounts.

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Judi

It was system of land holdings.  In that system rent to the Government was made in cash.

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joint holders or joint occupants

means holders or occupants who hold land as co-sharers, whether as co-sharers in a family undivided according to Hindu law or otherwise, and whose shares are not divided by metes and bounds; and where land is held by joint holders or joint occupants, " holder" or occupant", as the case may be, means all the joint holders or joint occupants;

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Khalsa

The word "Khalsa" is derived from Perso-Arabic khalisah. The term khalisah was used during the Muslim rule in India. The word Khalsa is a term used to denote a ruler's personal property. In Marathi it means “it is seized by Government. (Land or territory,” confiscated by Government. 

The lands of which inami / vatan rights are abolished are known as Khalsa lands, even though are in private possession. Such holder cannot sale khalsa lands without prior permission of Govt. Read more

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land

includes benefits to arise out of the land, and things attached to the earth, or permanently fastened to any things attached to the earth, and also shares in or charges on, the revenue or rent of villages, or other defined portions of territory

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landlord

means a lessor;

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land records

means records maintained under the provisions of, or for the purposes of, this Code and includes a copy of maps and plans or a final town planning scheme, improvement scheme or a scheme of consolidation of holdings which has come into force in any area under any law in force in the State and forwarded to any revenue or survey officer under such law or otherwise;

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land revenue

means all sums and payments, in money received or legally claimable by or on behalf of the State Government from any person on account of any land or interest in or right exercisable over land by or vested in him, under whatever designation such sum may be payable and any cess or rate authorised by the State Government under the provisions of any law for the time being in force; and includes premium, rent, lease money, quit rent, judi payable by a inamdar or any other payment provided under any Act, rule, contract or deed on account of any land;

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layout

means an arrangement or plan of how plots, roads, open spaces amenities and buildings etc. are to be set out

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Layout Open Space

Shall mean a statutory common open space kept in any layout exclusive of margins and approaches, at a height not more than ground level of the building unit.

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 Lease

A lease of immovable property is a transfer for a right to enjoy such ' a property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money or a share of crops, service or any other thing or value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.

 

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legal practitioner

has the meaning assigned into it the Advocates Act, 25 of 1961;

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non-agricultural assessment

means the assessment fixed on any land under the provisions of this Code or rules there under with reference to the use of the land for a non-agricultural purpose;

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notified area

means an area within the jurisdiction of one or more local authorities (not being an area within the jurisdiction of a cantonment board constituted under the Cantonment Act, 1924) which is in the opinion of the State Government in a neglected condition, or which is being developed or is in imminent likelihood of being developed in an uncontrolled or haphazard manner, and requires, in the public interest, to be developed in a proper and orderly manner:;

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occupancy

means a portion of land held by an occupant;

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occupant

means a holder in actual possession of unalienated land, other than a tenant or Government lessee ; provided that, where a holder in actual possession is a tenant, the land holder or the superior landlord, as the case may be, shall be deemed to be the occupant;

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occupation

means possession;

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to occupy land

means to possess or to take possession of land;

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Open Space

means an area farming an integral part of the plot, left open to the sky

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parcel

This word use to signify the description of property. piece of land

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pardi land

means a cultivated land appertaining to houses within a village site;

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partition

means an act, by a court order or otherwise, to divide up a joint ownership into separate portions representing the proportionate interests of the holder of the property

 

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plot or site:

means parcel (piece) of land enclosed by definite boundaries

Net plot area: The net plot area is an area of the plot in a layout after deduction of mandatory open space, amenity space, internal roads, development plan roads and reservations, if any.

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population

in relation to any area means population as ascertained at the last preceding census of which the relevant figures have been published

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Protected tenant

means person who is recognised to be a protected tenant under section 4-A; of The Bombay Tenancy and Agricultural Lands Act, 1948

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prescribed

means prescribed by rules made by the State Government under this Code

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Prima facie

means on the first appearance.

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recognised agent

means a person authorised in writing by any party to a proceeding under this Code to make appearances and applications and to do other acts on his behalf in such proceedings

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rent

means any consideration, in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour;

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residence

means (it includes) the use for human habitation of any land or building, or part thereof including gardens, grounds, garages, stables and outhouses, if any; appertaining to such land or building;

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revenue officer

means every officer of any rank whatsoever appointed under any of the provisions of this Code, and employed in or about the business of the land revenue or of the surveys, assessment, accounts, or records connected therewith

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revenue year

means the year commencing on such date as the State Government may, by notification in the Official Gazette, (1st August to 31st July is notified as a revenue year.)

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ribbon development

means development taken linearly along a highway with direct access to the highway

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river

Means (it includes) any stream, canal, creek or other channels, natural or artificial; - Indian Forest Act 1927

 

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Sanad

means authority given in writing by the government to hold land (or an office, or to follow a certain profession.)

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saza

means a group of villages in a taluka which is constituted a saza under section 4 of MLR Code

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serving member of the armed forces

serving member of the armed forces" means a member of the armed forces of the Union, and includes a person who was such member at the time of the Chinese action in 1962 or the Indo-Pak conflict in 1965 and was killed in such action or reported missing;

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sound mind

A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.

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Sub-Divisional Officer

means an Assistant or Deputy Collector who is placed in charge of one or more sub-divisions of a district

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suomotu

Means on its own motion. It is used, for example, where a government agency acts on its own cognizance.

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sub-division of a survey number

means a portion of a survey number of which the area and assessment are separately entered in the land records under an indicative number subordinate to that of the survey number of which it is a portion;

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survey mark

means for the purposes of MLR Code, a mark erected for purposes of cadastral survey of land.

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survey number

means a portion of land of which the area and assessment are separately entered, under an indicative number in the land records and includes-

(i)plots reconstituted under a final town planning scheme, improvement scheme or a scheme of consolidation of holding which has come into force any area under any law; and

(ii)in the districts of Nagpur, Wardha, Chanda and Bhandara any portion of land entered in the land records under any indicative number known as the khasra number;

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superior holder

except in Chapter XIV means a land-holder entitled to receive rent or land revenue from other land-holders (called "inferior holders") whether he is accountable or not for such rent or land revenue, or any part there of, to the State Government

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survey officer"

means on officer appointed under, or in the manner provided by, section 8;

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tangible immoveable property

means the land, building or structures on land, things attached to the earth or permanently fastened to anything attached to the earth.

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tenant

means a lessee, whether holding under in instrument, or under an oral agreement, and includes a mortgagee of a tenant's rights with possession; but does not include a lessee holding directly under the State Government;

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testamentary

Relating to testament of will, cç=l³çáHç$ççÆJç<ç³çkçÀ

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Town Planning scheme

means schemes prepared by Planning Authority the for the purpose of implementing the proposals in the final Development Plan.

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unoccupied land

means the land in a village other than the land held by an occupant, a tenant or a Government lessee

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urban area

means the area for the time being included within the limits of any municipal corporation, municipality constituted under any law for the time being in force or of any village or group of villages, which may be notified by the State Government as urban area, regard being had to the density of population and of buildings in the area and the expression " non-urban area" shall be construed accordingly;

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virgin land

means land which is not under cultivation for a continuous period of three years immediately prior to its grant

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village

includes a town or city and all the land belonging to a village, town or city;

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wada land

means an open land in village site used for tethering cattle or storing crops or fodder, manure or other similar things

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warkas land

means land which is used for the purpose of rab manure in connection with rice cultivation and is classified in the revenue record as warkas;

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wilful default

means without any valid reason or intentional