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Can Anyone Buy Land in Maharashtra’s Green Zones A Complete Guide
Land is one of the most critical natural resource components, and it is the basis for all other uses, such as agriculture, infrastructure, housing, ecology, and economic development. To comprehend its value and potential, it is divided in various ways according to its uses, physical characteristics, vegetative types, ownership, and scientific standards.
1. Land Classification by Use (Land Use Categories)
a) Agriculture Land
It comprises agricultural land that is used for growing crops and also for the purpose of feeding and raising livestock. This agricultural land comprises:
Cropland: This refers to the agricultural land that is actually cultivated and harvested
Fallow land: Land not used for growing but which can be used for growing at a later time
Pastures: These refer to grazing land for livestock.
Plantations and Orchards: An area of land employed for planting fruits, growing commercial plants, or rearing plants for agriculture.
b) Forest land
Forested land includes natural forestland and plantation forestland, as well as densely forested areas
c) Land Under Non-Agricultural Use
It includes non-GPW land areas that are designated for regions
- Housing and Residential Colonies
- Residential colonies
- Offices, malls, and business centers
- Roads, railways, and transportation infrastructure
- Roads
Manufacturing facilities, storage areas, and industry sectors
It involves the territory with signs of modernization, urban development, and industries.
d) Barren and Uncultivable Lands
Such regions include areas that are not cultivable due to lack of fertile soil, rocky surfaces, harsh climates, or slopes. Examples include a desert region, a rocky hill region, or a wasteland area.
e) Culturable waste land
This land can be cultivated but is not being utilized for agriculture purposes due to certain social, economic, or technological reasons. With proper planning and investment, cultivable wasteland can be developed into productive land.
f) Water Bodies & Wetlands
Examples of wetlands include ponds, lakes, rivers, marshes, and swamps. Such areas play an important role in sustaining the groundwater level and the flood cycles.
2. Land Classification by Physical Features
a) Plains
Level and low-lying areas, sometimes so fertile that they provide the best land for agricultural and residential purposes as well as land for transporting goods.
b) Plateaus
High flatlands with very steep slopes. Plateaus are known for having mineral deposits, grasslands, and special weather conditions.
Industrial and mining regions are mostly found on plateaus.
c) Mountains and Hills
Highlands characterized by rugged terrain. These areas are densely populated by forests, water resources, and wildlife. Although agriculture is low, mountains play a significant role regarding tourisim development, hydro electric energy generation, and water resources.
d) Coastal Areas
Regions around or along coastal areas like beaches, or estuaries. These coastal areas include fishing grounds, ports, holiday resorts, salt ponds, and specialized ecosystems
e) Desert and Arid Land
Areas receiving less rainfall, fewer plants, and soil consisting of sand or rocks. Deserts have fewer irrigation prospects, but they have rich solar energy and mineral deposits.
3. Administrative or Legal Classification
a) Residential land
The land designated for habitation.
b) Commercial Land
Used in shops, offices, and business premises.
c) Industrial Land
Exclusively reserved for factories, workshops, and manufacturing activities.
d) Conservation and Protected Land
Covers the national parks, wildlife sanctuaries, and ecologically sensitive areas.
These categories stimulate order in land-use planning. Furthermore, they help in the conservation of significant ecosystems.
4. Scientific Land Classification
Using satellite imagery and remote sensing, land is categorized into:
- Built-up land
- Agricultural land
- Forest land
- Wasteland
- Water bodies
- Snow or barren land
This method helps monitor environmental changes, track deforestation, manage disasters, and plan resources.
Conclusion
The different categories of land are very useful and vary in what they are employed for since each serves a different task. Land classification can be done in different ways, depending on whether one considers geographical characteristics, usage, laws governing it, or scientific observations, to maximize its use and ensure sustainability.
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In the state of Maharashtra, India, there exists a crucial law that aims to prevent the fragmentation of land into very small plots. This law restricts the sale or purchase of land measuring just 1 or 2 Gunthas (a unit of measurement used in India), unless prior permission is obtained from the collector or the competent authority. However, with the proper authorization, such transactions can be registered and made legally valid.
Understanding the Prevention of Fragmentation and Consolidation of Holding Act 1947
The core legislation governing land fragmentation in Maharashtra is known as the "Prevention of Fragmentation and Consolidation of Holding Act 1947." Under this act, each district in the state is assigned a standard minimum area of land, and the sale or purchase of land parcels smaller than this standard is strictly prohibited under Section VIII.
The Introduction of Section VIII-B
In 2016, the state government made an important addition to the Prevention of Fragmentation and Consolidation of Holding Act 1947. This addition came in Section VIII-B, which was introduced through a gazette notification. Section VIII-B clarified that the act does not apply to land designated for non-agricultural purposes, such as industrial or commercial use, within the boundaries of Municipal Corporations or Municipal Councils, or under the Maharashtra Regional Planning and Town Planning Act 1966.
Urban Areas and the Sub Registrar's Role
The law against land fragmentation was occasionally ignored in urban areas and areas of influence. Consequently, the Sub registrar, who handles property registrations, rejected transactions involving very small land plots that violated the act. This reinforced the importance of obtaining the necessary permissions for such transactions to be deemed valid.
Revenue Department's Role in Informing Registration and Stamp Duty Department
To ensure compliance with the law, the Revenue department informs the Registration and Stamp Duty Department about transactions involving land that falls under the scope of Section VIII-B. This exchange of information ensures that proper documentation and permissions are obtained for such transactions.
Transactions with Already Purchased Small Land Plots
If an individual desires to sell a piece of land they already own, and that land is smaller than the standard area defined by the act, they must seek permission from the competent authority or the Collector under Section VIII-B of the Act. This provision ensures that even previously acquired small land plots are subject to regulation to prevent fragmentation.
Demarcated Land and the Role of the Land Records Department
In cases where the Land Records Department has officially demarcated a piece of land with a separate boundary map, permission for its sale is not required. However, if the land was formed independently without the demarcation, dividing it will necessitate the approval of the Collector or the Competent Authority, as per a circular from the Inspector General of Registration.
FAQs
Can I sell a small piece of land without permission?
No, the Prevention of Fragmentation and Consolidation of Holding Act 1947 in Maharashtra prohibits the sale of land smaller than the standard area fixed for each district without prior permission from the collector or the competent authority.
Is the law applicable to non-agricultural land?
No, Section VIII-B of the Act states that the law does not apply to land designated for non-agricultural use, such as industrial or commercial purposes, within the boundaries of Municipal Corporations or Municipal Councils.
What happens if I buy a small plot of land?
If you purchase a plot of land that is smaller than the standard area fixed under the Act, you will need permission from the competent authority or the Collector under Section VIII-B of the Act if you wish to sell it in the future.
What is the role of the Sub registrar?
The Sub registrar is responsible for handling property registrations. In urban areas, the Sub registrar ensures that land transactions comply with the law against land fragmentation.
Do I need permission for already purchased small land plots?
Yes, even if you already own a piece of land that is smaller than the standard area, you must obtain permission from the competent authority or the Collector if you wish to sell it in the future.
Are there exceptions to obtaining permission?
Yes, if the Land Records Department has officially demarcated a piece of land with a separate boundary map, permission for its sale is not required.
Section 25 of Property Registration In Maharashtra
If you're buying or selling property in Maharashtra, it's important to know about property registration. The Maharashtra Registration Act governs this process. Here's a simple explanation for those who may not speak English fluently.
Property Registration Timeframe and Penalty:
When you buy a property, you must register the related documents within four months of the property purchase. If you miss this deadline, you might have to pay a fine equal to ten times the registration fee.
Benefits of Property Registration:
- Ensures Authenticity
- Prevents Fraud
- Public Record
- Keeps Records Up-to-Date
- Avoids Double Sales
- Secures Documents
Who Can Register Property:
The Registration Act states that the person involved in the property transaction, their representative, or an authorized agent can present the documents for registration.
Required Documents for Property Registration:
When registering property in Maharashtra, you need to submit the following documents:
- Aadhar card: This is an identification card.
- Passport-Size Photos: Photos of both the seller and buyer.
- Old Sale Deed Copy: A verified copy of the original sale deed.
- No Objection Certificate (NOC): This is needed under the land ceiling Act.
- Property Register Card Copy: The latest property register card.
- Municipal Tax Bill Copy: Proof of tax payments.
- Construction Completion Certificate: If applicable, a certificate showing that construction is completed.
- Builder-Buyer Agreement: The original agreement between the builder and the first buyer of the property.
Understanding property registration is essential to protect your rights when buying or selling property in Maharashtra.
In Maharashtra, there are two main types of land: Occupancy land and Lease land. These are categories that help define how people use and own the land.
- Occupancy Land: This type of land is a bit complex, but in most cases, the people with this land are considered the owners. It's like they own the land. Occupancy land has two categories: Class 1 and Class 2.
- Class 1: This is like a higher category of occupancy land. People with Class 1 land have more rights and benefits related to the land they use.
- Class 2: This is a slightly lower category of occupancy land. People with Class 2 land also have ownership-like rights, but there might be some differences compared to Class 1.
- 2. Lease Land: Lease land is land given to people on a lease basis. This means they have permission to use the land for a specific time, but they don't own it like the way people own houses. It's more like borrowing the land for a while.
Bhulekh Mahabhumi Address
Bhulekh Mahabhumi
https://bhulekh.mahabhumi.gov.in/
020-26050006
How to check Bhulekh Mahabhumi Land Records?
You can now access information related to land records in Maharashtra by visiting the Bhulekh Mahabhumi website without having to visit the office of the Tehsildar of the respective district. Steps to follow for Land Records details
- Visit the official website of Bhulekh Mahabhumi
- 6 Locations are given. Aurangabad, Pune, Nashik, Nagpur , Konkan and Amravati
- Select 7/12 or 8A
- In 7/12, select the district, taluka, and village for the land records required
- Search by alphabetical survey number/group number. You can also search by survey number or the name in the records.
- Enter Mobile Number
- Click the See 7/12' tab and type the captcha code.
- You will get the required information on the web page.
Bhulekh Mahabhumi's Services
- Type of land (agricultural/non-agricultural)
- Survey number of land
- Land ownership
- Area of land
- Name of cultivator (in the case of agricultural land)
- Type of cultivation
- Encumbrances and encroachments
- Litigation in land title
The Maharashtra government made an online system to help with land use and construction permissions. But if someone wants to use farmland for other things, they usually need to ask the Collector for permission unless they're doing big industrial or housing projects in certain areas.
But there are some rules in a law called The Maharashtra Land Revenue Code, 1966 (Code). According to these rules, if someone wants to use land meant for farming, but they want to use it for something else, they need to ask a person called the Collector for permission. This is also true if they want to change how they use land that's not meant for farming.
There are some special cases, though. If someone wants to use farming land for real factories or big housing projects, they may only need permission from the Collector. For example, if the farming land is in an area where the government has already made plans for factories or houses, or if it's in an area where no plans exist but they want to make a factory, they might not need special permission.
FAQ
Q1: What is the Building Plan Management System (BPMS) created by the Government of Maharashtra?
A1: The Building Plan Management System (BPMS) is an online system developed by the Government of Maharashtra to facilitate obtaining certificates for land use other than farming and permissions for construction projects.
Q2: What is the role of The Maharashtra Land Revenue Code, 1966 (Code) in land use and construction?
A2: The Maharashtra Land Revenue Code, 1966 (Code) lays out regulations for land use. It mandates that if someone intends to repurpose farmland or change non-agricultural land use, they generally require permission from the Collector.
Q3: Are there exceptions to seeking permission from the Collector for changing land use? A3: Yes, there are exceptions. In cases where farmland is being utilized for significant industrial or housing projects, permission from the Collector might not be necessary if the government has existing plans for such development in the area.
Q4: What scenarios might not require special permission from the Collector for land use changes?
A4: Land use changes involving farmland for substantial industrial or housing projects might not require special permission from the Collector if there are pre-existing government development plans or if the intention is to set up a factory in an area with no existing plans.
R-Zone or No Zone Making Informed Decisions for Residential Plot Investments
R-zone refers to residential plots designated for construction in both urban and rural areas. In Maharashtra, authorities like CIDCM and MMRDA can determine R-zone plots. This article will explore the different R-zone categories and associated risks and address common queries.
R-zones are classified into two main categories:
Purely residential (R1 zone): These plots are exclusively meant for residential purposes. They are located within 12m of the nearest road in open areas, and if the area is congested, the distance can be 9m or even less. Building residential structures on R1 plots does not necessitate regulatory authority permission.
R2 zone: The R2 zone comprises residential areas situated at a minimum distance of 12m or more from the nearest road. The R2 zone allows for various types of residential development, including the construction of institutional, commercial, and medical facilities within the designated area.
Investing in R-zone properties carries risks similar to any other property. These risks arise when the title deed is not appropriate. Researching and understanding how to evaluate R-zone plots and their locations is crucial before making an investment decision. However, the risk is minimal if all ownership documents are up to date and without discrepancies.
Likewise, when purchasing an R-zone plot, ensure that the encumbrance certificate (EC) indicates no issues, discrepancies, complaints, or disputes. Investing in land with clear ownership and devoid of doubts is advisable, after considering the ready reckoner rate of the location.
Can R-zone properties be converted into Non-Agricultural (NA) properties?
According to recent amendments by regulatory bodies in Maharashtra, such conversions are allowed. However, for a smooth transaction from R-zone to NA plot, it is essential to have a clear and marketable property title.
Moreover, confirming that the ownership rights solely belong to the owner or seller is crucial. Consulting a lawyer to verify the deed is necessary. Before signing any agreement, carefully examine the encumbrance certificate (EC) issued by the local sub-registrar's office. The EC must be from the relevant land registration authority.
Once the EC confirms no pending payments, complaints, or disputes, you can convert the R-zone property into an NA plot and proceed with your plans.
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