Non Agricultural Land
As per Mumbai and Agriculture Land Act 1948 Item 63(1) for genuine industrial using,2% out of purchasing must pay within one month from the date of purchasing, in accordance with Item 115 and 67 by paying the non-agriculture farming cess the license of genuine industrial using can be achieved.
In Accordance with 44(A) Authoratived Document :- In Development scheme on the land, where industrial using is consented or where as this type any development scheme is not situated, if on such type of land for the genuine industrial using is happened as per code of Development and Controlling Code, the necessity of permission for non agriculture as per 44(A) Act the land owner will start to use as per Development & Controlling code and provide the information regarding this use to Government. The authorized document can be acquired by taking “Panchnama” of observation in case of the certificate of Town Planning Department, Land Acquisition, Place regarding Land Class 1.
The applicant should apply on behalf of registered engineer in municipality along with layout, Construction Plans, Copy of Sale Deed, Copy of 7/12 extract, copy of receipt of Phala prior to 2001, Assurance in prescribed form, application, etc. documents, Demand Draft for Development fees, then by considering on behalf of municipality sanctioned and drafted development proposals, by surveying the spot, inspecting urban facilities etc. the certificate of Development Controlling will be granted. After that will need to apply along with the certificate of Land Class I, Sale Deed, 7/12 extract, Certificate of the municipality, in the prescribed form with the certified map to the concerned Revenue department. The completion of these documents with relevant authorities should result in non-agricultural assessment order in accordance with rule 5(1).
As per Maharashtra Land Revenue Item 45, too much ruling out will be reasonable because of Gunthewari Development means those unregistered developments have happened, without non-agricultural permission. Such unregistered development has happened in the urban and the rural area vastly. Therefore, for the development prior to 1st January 2001, Gunthewari Development can become regular by applying to the efficient officer under this act.
In case of the rural non-agriculture status, the honorable District Collector is the proposed authorized officer instead of the municipality, therefore direct to them or to the efficient officer, who is authorized by the collector should apply along with non-agricultural layout, then by sending maps on behalf of their office to Asst. Director Town Planning and will be taken the primary and final recommendation. The non-agriculture order will be given by completing the inquiries as per requirement. Later on, measurement and development will be completed, if the application is submitted in prescribed form, the final sanction will be granted.
By preparing Layout plan The layout plan through registered engineer of Landholder section of municipality as per code of Layout Plan Development Control the said application will be submitted along with necessary documents like extracts of ownership rights, can be sanctioned and then by checking land of municipality has proper reaching,, further to be checked the proposed using if consented, by paying reasonable development fees and layout will be sanctioned on the spot the land will be planned as per sanctioned layout by Land Record section and the facilities like Road, Electric pipe, water pipe etc. will be available there. The layout will be executed as per admeasuring map internal roads and open space will be written down on stamp free of charge to the municipality, apply to the municipality in the prescribed form and as per it by submitting the final layout for sanctioning, enquiring through Tahashildarof type of Land Holding it’s report will be demanded. In this affair while accepting proposal to the Tahashildar along with applicant’s sanctioned layout, certificate of Land Class I, certificate of Electricity Board for not leading the electric pipe, in all 7/12 extracts of till today, all alterations on it, applicant’s Damage/Compensation deed, Affidavit, and other necessary documents in prescribed form then comment of on behalf of Tahashildar office no action is not executing on the aforesaid site, umpireship regarding using for the non-agriculture without permission etc. by completing necessary inquiries, by receiving Farm cess, and transforming tax non-agricultural no objection will be ordered and Proposal Authority will grant final Layout sanction and will issue Non-agricultural land order.
Non-agricultural land use of the Agricultural land is not allowed as per the prevailing laws. Therefore, It is mandatory to take the permission of Government as per Maharashtra Land Revenue Act Item 44 for using the agricultural land, for non-agriculture purpose and as per Gunthewari Development Act the agricultural land less than 20 “Gunthas” cannot be purchased or sold.
In Sub-Registrar office, purchasing-selling, Mortgage of Property, Gift Deed, etc. documents can be registered without the order of non-agriculture. Alternatively, it is impossible to get bank loan. On the said land to prepare reservation from Town Planning Section, to acquire for public purpose as per Land Acquisition law, to grant the land as per Rehabilitation Act for rehabilitators etc. matters are dangerous possibly. Therefore, it is essential to convert land into non-agriculture land or N.A. Land.
Since it is mandatory to get the NA order which means Non-Agricultural Land Order for the land in question, the process of getting the NA Order from the relevant authority as per the section needs through knowledge of the methodology and the skills to handle the documentation part with legal intricacies. You may please consider to call us for the further guidance and consultancy in this regard.
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