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State of Maharashtra - Section

Section 8F in The Maharashtra housing and Area Development (Disposal of Land) Regulations, 1982

8F. Disposal of part of acquired land in certain other cases.

(1)The Authority may out of the land acquired by the State Government for implementation of any of its schemes dispose of to the owner of such land by grant of lease a part of the land/plot not exceeding twenty-five per cent, of the total area of the land so acquired as might be reasonably required for his own residential use or for the residential use of his family :Provided that, the land owner to whom land or plot is to be given:-
(i)does not own any other land in the same village;
(ii)undertakes not to claim any compensation for acquisition for that part of the land which is proposed to be granted on lease to him; and
(iii)agrees to pay the development charges on the land in proportion to the area of the land or plot granted to him on lease :
Provided further that, the Authority may allow the payment of development charges in suitable instalments with interest at the rate determined by the Authority in that behalf. Appropriate rebate may be given to owners or plot holders of lands wherein partial development is already carried out.
(2)If the land acquired by the State Government for implementation of any of its schemes includes any plots of lands the layouts in respect of which have been approved by the concerned planning authority, the Authority may dispose of such plots to the plot holders thereof by grant of a lease on nominal rent and subject to the conditions specified in the provisos to clause (1) of this regulation.
(3)If the land acquired by the State Government for implementation of any of its schemes includes any plots of lands the layouts in respect of which have not been approved by the concerned planning authority, the Authority may, on a specific written request to the Authority by the plot holder thereof to that effect, dispose of the land held by him not exceeding two-thirds hereof to the plot holder thereof by grant of a lease on nominal rent subject to the ceiling of plot size fixed by the Authority in that layout after the proper planned development of the land so acquired ;Provided that, the plot holder to whom the plot is to be given :-
(i)does not own any other land in the same village;
(ii)undertakes not to claim any compensation for acquisition for that part of the land which is proposed to be granted on lease to him;
(iii)if the two-thirds of the original plot held by the plot holder is less than the area of the smallest plot in the lay out proposed by the Authority, the plot holder shall be required to take the plot of minimum size; and
(iv)development charges for the entire lay out shall be recoverable proportionately from such plot holders.
(4)The Authority may, at the request of a person who is eligible for the grant of lease of apart of the land or plot under the foregoing provisions of this regulation, allot, subject to his eligibility therefore a tenement in any of buildings constructed by it in the area of his residence in lieu of the grant of a lease as provided in the said provision.]