Section 42A in Maharashtra Land Revenue Code, 1966
42A. [ No permission required for change of use of land situate in area covered by Development plan. [This section was inserted by Maharashtra 37 of 2014, s. 3.]
(1)Notwithstanding anything contained in section 42, -(a)no prior permission of the Collector shall be necessary for conversion of use of any land held as an OccupantsClass I for any purpose as defined in the sanctioned Development Plan or draft Development Plan prepared and published as per the provisions of the Maharashtra Regional and Town Planning Act, 1966 ; however, the Planning Authority shall ascertain from the concerned revenue authority the Class of land, its occupancy and encumbrances, if any, thereupon, and after ascertaining the same, it shall grant the development permission as per the provisions of the Maharashtra Regional and Town Planning Act, 1966 ;(b)for conversion of use of any land held as an OccupantsClass II or land leased by the Government, for any purpose as defined in the sanctioned Development Plan or draft Development Plan prepared and published as per the provisions of the Maharashtra Regional and Town Planning Act, 1966, the occupant shall apply to the Planning Authority for permission to change the use of land, and the Planning Authority shall direct the said occupant to obtain no objection certificate of the Collector for such change; the Collector shall examine the documents by which the land is granted and the relevant laws by which the concerned land is governed and, if permissible to grant no objection certificate, require the applicant to pay the Nazarana and the Government dues for that purpose; and on payment of the same, the Collector shall issue no objection certificate for change of use of such land ; on receipt of such certificate, the concerned Planning Authority shall issue development permission as per the provisions of the Maharashtra Regional and Town Planning Act, 1966.(2)The person to whom permission is granted under clause (b) of subsection (1) or the person who converts the use of land in view of clause (a) of sub-section (1) shall inform in writing to the village officer and the Tahsildar within thirty days from the date on which the change of use of land commenced.(3)If the person fails to inform the village officer and the Tahsildar within the period specified in sub-section (2), he shall be liable to pay in addition to the non-agricultural assessment, a fine of rupees twenty-five thousand or forty times of the non-agricultural assessment, whichever is higher.(4)(a)On receipt of the information in writing from the person, who obtained the development permission, and on payment of conversion tax at the rate mentioned in section 47A and the non-agricultural assessment therefor, it shall be incumbent upon the concerned revenue authority to grant him sanad in the form prescribed under the rules within a period of thirty days from payment thereof. In case of delay in issuing such sanad, the concerned authority shall record his reasons for the same.Where there is any clerical or arithmetical error in the sanad arising from any accidental slip or omission, it shall be lawful for the concerned authority either of his own motion or on the application of a person affected by the error, to direct at any time the correction of any such error.(b)While granting no objection certificate for the use of land under clause (b) of sub-section (1) or permission under the Code, the Collector shall grant the no objection certificate or permission relying upon the Data Bank prepared and certified by the concerned authorities at the District level.(c)It shall be the responsibility of the District Head of the concerned Department to update the Data Bank, from time to time.]
