Section 44A(1) in Maharashtra Land Revenue Code, 1966
(1)Notwithstanding anything contained in Section 42 or 44, where a person desires to convert any land held for the purpose of agriculture or held for a particular non-agricultural purpose, situated,-(i)within the industrial zone of a draft or final regional plan or draft, interim or final development plan or draft or final town planning scheme, as the case may be, prepared under the Maharashtra Regional and Town Planning Act, 1966, or any other law for the time being in force; or within the agricultural zone of any of such plans or schemes and the development control regulations or rules framed under such Act or any of such laws permit industrial use of land; or(ii)within the area where no plan or scheme as aforesaid exists, [for a bona fide industrial use; or [This portion was substituted for the portion beginning with words 'for a bona fide industrial use' and ending with the words 'conditions, namely :-' by Maharashtra 26 of 2005, section 2(a)(i), (w.e.f. 6-3-2004)](iii)within the area undertaken by a private developer [as an Integrated Township Project];then no permission for such conversion of use of land shall be required, subject to the following conditions, namely :-] [This portion was substituted by Maharashtra 17 of 2007, section 3, (w.e.f. 1-8-2007)](a)the person intending to put the land to such use has a clear title and proper access to the said land;(b)such person has satisfied himself that no such land or part thereof is reserved for any other public purpose as per the Development Plan (where such plan exists) and the proposed bona fide industrial use [[or Integrated Township Project] [These words were inserted by Maharashtra 26 of 2005, section 2(a)(ii), (w.e.f. 6-3-2004)], as the case may be] does not conflict with the overall scheme of the said Development Plan;(c)no such land or part thereof is notified for acquisition under the Land Acquisition Act, 1894 or the Maharashtra Industrial Development Act, 1961 or covers the alignment of any road included in the 1981-2001 Road Plan or any subsequent Road Plan prepared by the State Government;(d)such person ensures that the proposed industry [[or Integrated Township Project] [These words were inserted by Maharashtra 26 of 2005, section 2(a)(iii), (w.e.f. 6-3-2004)], as the case may be] does not come' up within thirty metres of any railway line or within fifteen metres of a high voltage transmission line;(e)there shall be no contravention of the provisions of any law, or any rules, regulations or orders made or issued, under any law for the time being in force, by the State or Central Government or any local authority, statutory authority, Corporation controlled by the Central or State Government or any Government Company pertaining to management of Coastal Regulation Zone, or of the Ribbon Development Rules, Building Regulations, or rules or any provisions with regard to the benefited zones of irrigation projects and also those pertaining to environment, public health, peace or safety.[Provided that, the provisions of this sub-section shall not apply to the areas notified as the Eco-senstive Zone, by the Government of India] [This proviso was added by Maharashtra 26 of 2005, section 2(a)(iv), (w.e.f, 6-3-2004)].
