Section 22A in Maharashtra Land Revenue Code, 1966
22A. [ Prohibition on diversion of use of Gairan land. [Inserted by Maharashtra Act No. 34 of 2017, dated 26.4.2017.]
(1)The land set apart by the Collector for free pasturage of village cattle (hereinafter referred to as "the Gairan land") shall not be diverted, granted or leased for any other use, except in the circumstances provided in sub-sections (2) or (3), as the case may be.(2)The Gairan land may be diverted, granted or leased for a public purpose or public project of the Central Government or the State Government or any statutory authority or any public authority or undertaking under the Central Government or the State Government (hereinafter in this section referred to as " Public Authority "), if no other suitable piece of Government land is available for such public purpose or public project.(3)The Gairan land may be diverted, granted or leased for a project of a project proponent, not being a Public Authority, when such Gairan land is unavoidably required for such project and such project proponent transfers to the State Government, compensatory land as provided in sub-sections (4) and (5).(4)The compensatory land to be transferred to the State Government under sub-section (3) shall be in the same revenue village have area equal to twice the area of the Gairan land and its value shall not be less than the value of the Gairan land so allotted under sub-section (3):Provided that, the area of compensatory land shall have to be suitably increased, wherever necessary, so as to make its value equal to the value of the Gairan land so allotted under sub-section (3).(5)The compensatory land to be transferred to the State Government under sub-section (3) shall, notwithstanding anything contained in any other law, rule or orders made thereunder, be assigned by the Collector under section 22 for the use only of free pasturage of village cattle or for grass or fodder reserve.(6)[ The powers of diversion, grant, lease of Gairan land under this section shall be vested in the State Government :Provided that, notwithstanding anything contained in section 330-A, the powers of the State Government under sub-section (3) shall not be delegated to any officer or other authority sub-ordinate to it.]Explanation. - (a) For the purposes of this section, the term "public purpose" shall have the same meaning as assigned to it in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.(b)The question whether or not such land is unavoidably required for a project under sub-section (3) shall be determined by the State Government on the advice of the Divisonal Commissioner.]
