Section 55 in Maharashtra Horticulture Development Corporation Act, 1984
55. Six monthly report on utilisation of land.
(1)With a view to ascertaining whether any farm or estate developed by the Corporation has been fully utilised for horticultural purposes or not, the State Government may direct the Corporation to submit a six-monthly report containing the following information in respect of such area, namely:-(a)the total number of plots and the area of each plot in the farm or estate;(b)the number of plots allotted and delivered under the provisions of the Act;(c)un-utilised area of land in each farm or estate giving details of quality of soil and potential of farm development;(d)details of utilisation of land allotted, both for major and minor crops;(e)details of any other on farm activity undertaken by the plot-holder on the plot;(f)the period for which the area of land in the farm or estate remained un-utilised from the date of delivery of possession to the plot-holder and the reasons therefore as stated by the plot-holder.(2)Upon receipt of such directions, the Corporation shall serve notices to the plot-holders in the farm or estate calling upon them to furnish to it the information in the prescribed form and when so called upon each plot-holder shall be bound to furnish true and correct information required within one month from the date of receipt of such notice by him.(3)For the purpose of enabling the Corporation to determine whether there is any un-utilised portion of any plot in the farm or estate and whether such portion is capable of development, it shall be lawful for any officer of the Corporation either generally or specially authorised by it in this behalf, and for its servants and workmen, at all reasonable hours-(i)to enter upon and survey the plot;(ii)to set out the boundaries of the un-utilised portion of plot; and(iii)to do all other acts necessary for the purposes aforesaid.(4)If the Corporation is satisfied that any plot-holder has not utilised any portion of land in his plot in accordance with the project report of the farm within one year of his entry in the plot and the un-utilised portion is capable of development, the Corporation may, notwithstanding anything contained in any contract or in any law for the time being in force, before the expiry of such period, or from the date of receipt of such report, as may be prescribed, issue to the plot-holder a notice to show cause why such un-utilised portion or whole of the plot should not be withdrawn from him.(5)When any such notice under sub-section (4) is issued, the Corporation shall give a reasonable opportunity of being heard to the plot-holder and it shall be open to the plot-holder to appear and object to such withdrawal of plot on the ground that the un-utilised portion is required by the plot-holder himself for the purpose of further development of his plot and that he has already taken effective steps for utilising such portion.Explanation.- For the purpose of this sub-section, the expression "effective steps" shall mean-(i)the plot-holder has prepared the necessary project report in respect of the proposed expansion of his plot indicating the requirements of such expansion; and(ii)(a)the plot-holder has approached a financial institution for raising required finance;(b)the plot-holder has placed his demand for inputs with the Corporation.(6)If after giving such plot-holder a reasonable opportunity of being heard the Corporation is satisfied that the holder of the plot has failed to utilise or is not likely to utilise the unutilised portion of land in the plot within a reasonable period; and such un-utilised portion can be used for accommodating another approved beneficiary, the Corporation may, notwithstanding anything contained in any contract or in any law for the time being in force, for the purpose of enabling the Corporation to property discharge it functions of promoting rapid growth and development of horticulture by accommodating another approved beneficiary on such un-utilised portion, withdraw the plot by cancelling the allotment and re-allot such a plot or portion thereof to another approved beneficiary or person in accordance with the provisions of section 43 and upon such re-allotment of plot to some other such approved beneficiary or person the former plot-holder shall deliver the possession of the plot of the portion thereof, as the case may be, to such approved beneficiary, or person.(7)If any person refuses or fails to deliver such possession under the last preceding sub-section, the Corporation may take possession of the land, and may for that purpose use such force as may be necessary.
