Section 35(4) in Maharashtra Land Revenue Code, 1966
(4)If within three years of the date on which the Collector takes possession of the sub-division under sub-section (3), the former occupant thereof applies for the restoration of the occupancy of the sub-division, the Collector may restore the sub-division to the occupant on the occupant paying the arrears of land revenue and the penalty [equal to three times the assessment or such amount as may be prescribed, whichever is higher.] [Substituted 'equal to three times the assessment' by Maharashtra Act No. 21 of 2017, dated 18.1.2017.] If the occupant fails to get the occupancy of the sub-division restored to him within the period aforesaid, the sub-division shall be disposed of by the Collector in the manner provided by sub-section (2).Explanation. - For the purpose of this Section, notwithstanding anything contained in Clause (23) of Section 2, if any other sub-divisions have been mortgaged with possession, the mortgagors shall be deemed to be the occupants thereof.
