Section 7 in The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) Distribution of Surplus Land and (Amendment) Rules, 1975
7. Preparation of statement of applicants for grant of surplus land under section 27.
(1)As soon as may be after the expiry of the period of 7 days referred to in sub-rule (1) of rule 6, but before the date fixed for consideration of the applications in the programme, the Collector shall scrutinise the applications received in pursuance of the public notice referred to in the said sub-rule and having regard to the provisions of sub-section (7) of section 27, draw up to separate provisional statements in Form III, one in case of land reserved under rule 4, and the other in case of land other than the land so reserved, including therein each land and the names of applicants therefor, (arranged in the manner provided in rule 5 of section 27 as the case may be), who are eligible for grant of land.(2)On the date fixed for consideration of the applications the provisional statement prepared under sub-rule (1) shall be read out by the Collector in the presence of the applicants and other persons present, if any. The Collector shall also invite applications from persons present for grant of surplus land in respect of which no applications were received previously.The Collector shall then -(a)consider the objections or suggestions, if any, made in relation to the matters provided in the provisional statement and the new applications, if any, received for grant of land;(b)ascertain the requirements of persons under sub-rule (3) and amend or modify, if necessary; any entry in the provisional statement;(c)select the allottees in the manner provided in rules 8 and 9;(d)ensure that as far as possible the entire land in respect of which an application has been made is allotted to the applicant so long as such allotment does not violate the provisions of sub-section (7) of section 27 and draw up a final statement in Form III. The final statement so drawn up shall then be read out to the applicants and other persons, if any, present. The Collector may also fix and announce the date on which and the time and place at which possession of the surplus land will be taken from the holder in the manner provided in rule 9 of the Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) (Declaration and Taking Possession of Surplus Lands and Amendment) Rules, 1975 and handed over to the selected allottees). Such date shall not as far as possible be later than seven days from the date of issue of public notice under rule 9 of the said rules.The Collector shall then authorise under the said rule 9, an officer not below the rank of Circle Inspector or Revenue Inspector to take possession of the land and forward to the said officer -(a)a copy of final statement;(b)the order of authorisation issued under the said rule 9, if such an order was not previously issued; and(c)an intimation regarding time, date and place fixed for taking possession of the land.(3)If on or before the date fixed for taking over possession of surplus land it comes to the notice of the authorised officer that any land included in the final statement received by him under sub-rule (2) has not been finally declared surplus land, or an appeal has been filed against the declaration of any land as surplus land and the appellate authority or any other competent authority has issued a stay against the distribution proceedings in respect of the said land, he shall not hand over possession of such land to the allottee or allottees concerned, but shall take a note in the final statement regarding the stay in respect of distribution of the land and inform the allottee or allottees concerned accordingly. He shall also make a report to the Collector giving particulars of surplus land which could not be disposed of for the aforesaid reason and the names of the allottee or allottees of such land from the final statement. Thereupon the Collector shall consider the claim of the allottee whose name or names is or are so omitted from the final statement for the grant of any other surplus land available for distribution and in respect of which the preparation of final statement in accordance with sub-rules (1) and (2) of this rule is in progress.
