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State of Maharashtra - Section

Section 8 in The Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) Distribution of Surplus Land and (Amendment) Rules, 1975

8. Selection of person for grant of surplus land.

(1)Subject to the provisions of section 27, selection of persons for grant of land shall be made by the Collector in the following manner :-
(i)If there is only one applicant who has applied for any particular land, the land shall be granted to him;
(ii)If there are more than one applicants in respect of the same land, the land shall be granted to the person having the highest order of priority;
(iii)If there are more than one applicants having the same order of priority, in respect of the same, the land shall be granted after drawing lots in the manner provided in rule 9;
(iv)The land for which no application has been received shall be offered to persons who are present and who are eligible for the grant which shall, subject to the provisions of sub-section (7) of section 27 and clause (iii) of this sub-rule be made to a person having the highest order of priority and who is willing to accept the land.
(2)Where the land to be granted is used for the purpose of horticulture prior to its being declared surplus, the Collector shall get an undertaking in Form VI from the grantee.
(3)If the person to whom the land is to be granted refuses to give an undertaking in Form VI or refuses to agree to pay the occupancy price under sub-section (10) of section 27, the land shall, subject to the provisions of section 27, be offered to any other person who has previously applied for the grant of land and who is willing to give the undertaking and agree to pay the occupancy price:Provided that, if more than one person accepts the offer, the land shall subject to the provisions of clause (iii) of sub-rule (1), be granted to the person having the highest order of priority.