Section 51 in The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971
51. [ Conditions as to planting of trees etc. [Inserted by the Maharashtra Land Revenue (Disposal of Government Lands) (Fourth Amendment) Rules, 1976, Section 2, dated 16th December, 1976.]
(1)Where any land is granted either in occupancy rights or in leasehold rights under the provisions of these rules, the Collector shall, notwithstanding anything contained in these rules, attach to the grant the following conditions, that is to say-(a)Except as otherwise directed in any case, regard being had to soil, climate, rainfall, location and other factors relevant to the land the grantee shall, where land is granted for an agricultural purpose-(i)if there are standing trees on such land, maintain such minimum number of trees of suitable species so as to ensure that there is not less than 10 trees per hectare as may be mentioned as may be mentioned in such grant:(ii)if there are no such trees, plant at least 10 trees per hectare within a period of two years from the date of taking over possession of land and secure their maintenance;(b)Except as otherwise directed, in any case, regard being had to soil, climate, rainfall, location and other factors relevant to the land, the grantee or the lessee shall, during the currency of the grant or lease where the land is granted or leased for a non-agricultural purpose, plant and maintain such number of trees of suitable species so as to ensure that there is not less than one tree per 100 sq. mts., within a period of three years from the date of taking over possession of land.(2)The grantee or the lessee shall, where the number of trees which under the grant or lease be is required to plant and maintain is reduced by reason of drying up or for any other reason whatsoever, plant and maintain under the grant or lease.(3)If the grantee or lessee does not fulfil the conditions regarding planting or maintenance of trees in the land granted to him-(a)In the case of grant of land for non-agricultural purpose, he shall be liable to pay fine equal to the non-agricultural assessment for every year of default where it is already levied on the land. If the non-agricultural assessment is not levied or the land is granted subject to full or partial exemption, the amount of fine for every year of default shall be equal to the non-agricultural assessment that would be leviable had the land not been exempt from payment of non-agricultural assessment;(b)[ in the case of grant of land for agricultural purpose he shall be liable to pay fine equal to five times the agricultural assessment levied on the land for every year of default and in the case of the land where the agricultural assessment is not yet levied or the land is granted subject to full or partial exemption, the amount of fine for every year of default shall be equal to the agricultural assessment that would be leviable had the land not been exempted from payment of agricultural assessment;]Provided that, no action under this sub-rule shall be taken unless reasonable opportunity of being heard has been given to the grantee or lessee: Provided further that, if the Collector after such enquiry as he may deem fit is satisfied that the required number of trees could not be planted or maintained in the land or part thereof inspite of the best efforts made by the grantee either due to the peculiarity of the soil, climate, rainfall and other relevant factors or non-availability of suitable species of trees which can be grown in the relevant circumstances or both, the Collector may either, reduce the number of trees to be planted and maintained or waive the requirement as to planting and maintaining the required number of trees and accordingly reduce or waive the penalty for default in that behalf.]
