41. Uses to which holder of land for purposes of agriculture may put his land.
- [(1)] [Section 41 was renumbered as sub-section (1) of that section, by Maharashtra 32 of 1986, section 2] [Subject to the provisions of this Section, holder of any land] [These words were substituted for the words 'A holder of any land' by Maharashtra 32 of 1986, section 2(a)(i).] assessed or held for the purpose of agriculture is entitled by himself, his servants, tenants, agents or other legal representatives to erect farm [building] [This word was substituted for the word 'buildings' by Maharashtra 32 of 1986, section 2(a)(ii)], 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)[] [Sub-sections (2) to (6) were added by Maharashtra 32 of 1986, section 2(b)] 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 of any farm building or carrying out any work of 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 Bombay.(ii)the Corporation of the City of Pune,(iii)the Corporation of the City of Nagpur,and the area within eight kilometres from the periphery of the limits of each of these Corporations;(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 from 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 from 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 building or buildings proposed to be used for residential purpose shall riot 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 alterations 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 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.
