Section 31 in The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971
31. [ Grant of land for industrial and commercial purpose. [This rule was substituted for the original by Notification dated 15.11.1994, section 8.]
(1)Except as otherwise provided in these rules, building sites situated outside the purview of Municipal Corporations or Metropolitan Regions shall be granted by the Collector for industrial and commercial purposes under section 20 read with section 31, by public auction or by inviting public tenders, to the highest bidder, after getting the upset price of the land in question determined by the competent officer of the Town Planning and Valuation Department, unless for reasons to be recorded in writing, the Collector thinks that in any particular case there are good reasons for granting the land without auction, in which case, he shall refer the matter to the State Government and the land shall then be disposed of in such manner as the State Government may direct.(2)The grant of land shall be subject to the conditions under rule 41 and also the following conditions, namely:-(a)Except with the previous permission of the State Government, the land shall not be sub-divided or disposed of in any manner;(b)The land shall not be disposed of except along with the constructions thereon and the factory, plant and other installation if any, and the land so disposed of shall not, except with the approval of State Government be used for a purpose other than the purpose for which it was initially granted;(c)On disposal of the land along with the factory, plant, structures and other installations by way of sale, the State Government shall be entitled to half the unearned income and where such land is sold without any constructions aforesaid, the State Government shall be entitled to unearned income not exceeding 90 per cent, as the State Government may decide;(d)If the State Government has reason to believe that any mis-representation or concealment is made in regard to the sale price, the sale shall be voidable at the discretion of the State Government.(3)in case of building sites situated within the purview of any Municipal Corporation or a Metropolitan Region the Collector shall obtain prior approval of the State Government before disposing of such property by public auction or by inviting public tenders, as provided in sub-rule(1).(4)Where a building site is to be granted for industrial or commercial purpose without auction, the Collector shall dispose of such only with the previous sanction of the State Government.(5)Notwithstanding anything contained in sub-rule(1) and subject to the provisions of rule 50, building sites may be granted in favour of Government Undertakings, Government Authorities, Local Bodies and such other institutions as the State Government may direct by general or special orders in this, behalf, by the Collector, in areas other than the Municipal Corporation areas and Metropolitan Region areas if the occupancy price does not exceed Rs. [25,000] and, with the sanction of the Commissions, if the occupancy price exceeds Rs. [25,000] [Substituted by G.N. No. LND. 1083/16097/CR-9/J-1, dated 11.10.2000.] but does not exceed Rs. 1,25,000 and, in other cases with the sanction of the State Government:Provided that, in case of the areas falling within the purview of any Municipal Corporation or within any Metropolitan Region, the land shall be granted to such agencies only with the prior approval of the State Government.Explanation. - For the purposes of this rule unearned income means an amount equal to the difference between the price realised by way of sale and the occupancy price paid to Government at the time of the grant or as the case may be, the price at which the land was purchased immediately before such sale.]
