SECTION 41
41.Of Use of Land
Uses to which holder of land for purposes of agriculture may put his land.
1. (Subject to the provisions of this section, holder of any land) assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents or other legal representatives to erect farm 4(building), construct wells or tanks or make any other improvements thereon for the better cultivation of the land, or its more convenient use for the purpose aforesaid.
2. From the date of commencement of the Maharashtra Land Revenue Code (Amendment) Act, 1986 (hereinafter in this section referred to as ``such commencement date'') before erection any farm building or carrying out any work or renewal of, re-construction of, alterations in, or additions to, any such farm building, or any farm building erected before such commencement date on any land which is situated,-
a. within the limits of-
i. the Municipal Corporation of Greater
ii. the Corporation the City of
iii. the Corporation of the City of
b. within the limits of any other municipal corporation constituted under any law for the time being in force and the area within five kilometres form the periphery of the limits of each such municipal corporation;
c. within the limits of the 'A' Class municipal councils and the area within three kilometres form the periphery of the limits of each such municipal council;
d. within the limits of the 'B' and 'C' Class municipal councils ; or
e. within the area covered by the Regional Plan, town planning scheme, or proposals for the development of land (within the notified area) or (an area designated as ) the site of the new town, whether each of these being in draft or final, prepared, sanctioned or approved under the Maharashtra Regional and Town Planning Act, 1966; the holder or any other person referred to in sub-section (1), as the case may be, shall, notwithstanding anything contained in sub-clauses (d) and (e) of clause (14) of section 2, make an application, in the prescribed form, to the Collector for permission to erect such farm building or to carry out any such work of renewal, re-construction, alterations or additions as aforesaid.
3. The Collector may, subject to the provisions of sub-section (4) and such terms and conditions as may be prescribed, grant such permission for erection of one or more farm buildings having a plinth area not exceeding the limits specified below:-
i. if the area of the agricultural holding on which one or more farm buildings are proposed to be erected exceeds 0.4 hectare but does not exceed 0.6 hectare, the plinth area of all such buildings shall not exceed 150 square metres; and
ii. if the area of the agricultural holding on which one or more farm buildings are proposed to be erected is more than 0.6 hectare, the plinth area of all such buildings shall not exceed one-fortieth area of that agricultural holding or 400 square metres, whichever is less:
Provided that, if one or more farm buildings proposed to be erected are to be used, either fully or in part, for the residence of members of the family, servants or tenants of the holder, the plinth area of such buildings or buildings proposed to be used for residential purpose shall not exceed 150 square metres, irrespective of the fact that the area of the agricultural holding on which such building or buildings are proposed to be erected exceeds 0.6 hectare.
4. The Collector shall not grant such permission –
a. (i)if the area of the agricultural holding on which such building is proposed to be erected is less than 0.4 hectare;
(ii) if the height of such building from its plinth level exceeds 5 metres and the building consists of more than one floor, that is to say, more than ground floor;
(iii) for erection of more than one farm building for each of the purposes referred to in clause (9) of section 2;
b. if any such work of erection involves renewal or re-construction or alternations or additions to an existing farm building beyond the maximum limit of the plinth area specified in sub-section (3) or beyond the limit of the height of 5 metres from the plinth level and a ground floor.
Explanation.-- For the purposes of sub-sections (3) and (4), if only one farm building is proposed to be erected on an agricultural holding, "plinth area" means the plinth area of that building, and if more than one farm buildings are proposed to be erected on an agricultural holding,"plinth area" means the aggregate of the plinth area of all such buildings.
5. Where an agricultural holding is situated within the limits of any municipal corporation or municipal council constituted under any law for the time being in force, the provisions of such law or of any rules or bye-laws made thereunder, or of the Development Control Rules made under the provisions of the Maharashtra Regional and Town Planning Act, 1966, or any rules, made by the
State or Central Government in respect of regulating the building and control lines for different portions of National or State highways or major or other district roads or village roads shall, save as otherwise provided in this section, apply or continue to apply to any farm building or buildings to be erected thereon or to any work of renewal or reconstruction or alterations or additions to be carried out to the existing farm building or buildings thereon, as they apply to the building permissions granted or regulated by or under such law or Development Control Rules or rules in respect of regulating the building and control lines of highways or roads.
6. Any land used for the erection of a farm building or for carrying out any work of renewal, re-construction, alterations or additions to a farm building aforesaid in contravention of the provisions of this section shall be deemed to have been used for non-agricultural purpose and the holder or, as the case be may be, any person referred to in sub-section (1) making such use of land shall be liable to the penalties or damages specified in sections 43 or 45 or 46, as the case may be.]
42.Permission for non-agricultural use.
No land used for agriculture shall be used for any non-agricultural purpose; and no land assessed for one non-agricultural purpose shall be used for any other non-agricultural purpose or for the same non-agricultural purpose but in relaxation of any of the conditions imposed at the time of the grant or permission for non-agricultural purpose, except with the permission of the Collector.
43. Restriction on use.
Subject to the rules made by the State Government in this behalf the Collector or a Survey Officer may regulate or prohibit the use of land liable to the payment of land revenue for purposes such as, cultivation of unarable land in a survey number assigned for public purpose, manufacture of salt from agricultural land, removal of earth, stone, kankar, murum or any other material from the land assessed for the purpose of agriculture only, so as to destroy or materially injure the land for cultivation, removal of earth, stone (other than loose surface stone), kankar, murum or any other material from the land assessed as a building site, excavation of land situated within a gaothan; and such other purposes as may be prescribed; and may summarily evict any person who uses or attempts to use the land for any such prohibited purpose.