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State of Maharashtra - Section

Section 4 in The Maharashtra Land Revenue (Conversion of use of Land and Non-Agriculture Assessment) Rules, 1969

4. Conditions in which permission may be granted.

(1)Permission to convert the use of agricultural land for any non-agricultural purpose, or to change the use of land from one non-agricultural purpose to another non-agricultural purpose may be granted by the Collector after consulting the Planning Authority and such other authority as the State Government may, from time to time, direct subject to the provisions of any law for the time being in force and to the following among other conditions, that is to say-
(a)the grant of permission shall be subject to the provisions of the Code and Rules made thereunder;
(b)the land shall not be used for a purpose other than that for which permission is granted;
(c)the applicant shall commence the non-agricultural use applied for within one year from the date of the order made by the Collector in that behalf; failing which, unless the said period is extended by the Collector from time to time, the permission granted shall be deemed to have lapsed;
(d)the applicant shall be liable to pay such altered assessment as may be determined with reference to the altered use under Section 110, or as the case may be, Section 114;
(dd)[ Where the land is situated in any of the area referred to in Section 47A and to which the provisions of the said Section 47A apply, the applicant shall be liable to pay the amount of conversion tax leviable under the said Section 47A within thirty days from the grant of permission for conversion.] [Added by G.N. of 15.12.1987.]
(e)where permission is granted for the construction of a structure to be used for any non-agricultural purpose such structure shall, if it is within the jurisdiction of a Planning Authority, be constructed in accordance with plan approved by the Planning Authority in that behalf, and in areas in which the provisions of Chapter III of the Bombay Highways Act, 1955, are not in force, be subject to the provisions of Schedule II; and if it is situated outside such jurisdiction, be constructed in accordance with the plans approved by the village panchayat, and to be subject to such provisions of Schedules II and III, as the Collector may determine in each case, regard being had to the sanctioned use of land;
[and the provisions of the development scheme or Zone Plan prepared in pursuance of the orders of the State Government and approved by the Collector or the Master Plan prepared for the purpose of clause (h) of Section 2 of the Urban Land (Ceiling and Regulation) Act, 1976 a due notice of which is given in the Official Gazette, and in the local newspaper having wide circulation in that area.Explanation. - For the purpose of this clause, the expression development scheme or Zone Plan or Master Plan prepared for the purpose of clause (h) of Section 2 of the Urban Land (Ceiling and Regulation) Act, 1976, shall mean and include a plan indicating the broad outline as to how the lands are proposed to be used.] [Added by G.N. of 15.12.1987.]
(f)any other reasonable conditions which the Collector may deem fit to impose regard being had to the sanctioned use of the land :
Provided that, in hill stations and such other localities as the State Government may specify in his behalf, where there is no Regional Plan, Development Plan or Town Planning Scheme, such permission may be granted on such conditions as are considered expedient regarding the style of the building, the period for construction and the observance of Municipal or sanitary regulations, in addition to the conditions aforesaid so far as they are applicable.
(2)Such conditions shall be embodied in the sanad.