Section 42D in Maharashtra Land Revenue Code, 1966
42D. [ Provision for conversion of land use for the residential purpose. [Inserted by Maharashtra Act No. 12 of 2018.]
(1)Any land situated in an area (hereinafter referred to as "peripheral area") within 200 meters from the limits of -(i)the site of any village, or(ii)town or city, where such land adjacent to the limits of such town or city is allocated to a developable zone in the draft or final Regional Plan; shall be deemed to have been converted to non-agricultural use for residential purpose or the purpose admissible as per draft or final Regional Plan, subject to the provisions of the Development Control Regulations applicable to such area.(2)For deemed conversion of the land situated in such peripheral area to the non-agricultural user, the Collector shall, on an application made in this regard or suo moto, determine or cause to be determined the conversion tax at the rate mentioned in section 47A and the non-agricultural assessment for such land and give a notice thereof to the concerned occupant for making payment thereof :Provided that, where such land is held as Occupant Class-II, the Collector shall also examine the documents by which such land is granted as such and the relevant laws, rules and the Government orders by which such land is governed and if the conversion of the land situated in such peripheral area to the non-agricultural user for the residential purpose or the purpose allowed as per draft or final Regional Plan is permissible thereunder, the Collector shall, wherever necessary, after obtaining prior approval of the authority competent to allow such conversion, determine nazarana or premium and other Government dues payable for such conversion, as per special or general orders of the Government, alongwith the amount of conversion tax and non-agricultural assessment, as aforesaid, and communicate the same to the occupant for making payment. If the payment as required under this sub-section is made by the occupant, necessary entry in the record of rights shall be made showing such land as having been converted to non-agricultural use, with effect from the date of payment as aforesaid and the Collector shall grant him sanad in the form prescribed under the rules within a period of sixty days from payment thereof :Provided further that, where the action under this sub-section is undertaken on an application made in this regard, the notice, after determination of conversion tax and non-agricultural assessment and, wherever applicable, the amount payable to the Government towards nazarana or premium and other Government dues as per the prevailing orders of the Government, shall be issued to the concerned occupant, -(a)in respect of land held as Occupant Class-I, within 30 days from the date of application; and(b)in respect of land held as Occupant Class-II, -(i)within 30 days from the date of application, where the Collector is competent to grant permission for change of use of such land at his level; or(ii)within 30 days from the date on which the permission of the authority, competent to allow such conversion or change of use, is received by the Collector :Provided also that, the non-agricultural assessment done under this section for residential or other admissible purpose shall, wherever necessary, be revised in accordance with the development permission accorded by the authority competent to grant such permission, and for this purpose, it shall be mandatory for such competent authority to furnish a copy of such development permission to the Collector, in each case within 30 days of grant of such building permission :Provided also that, the challan or receipt of payment of conversion tax, non-agricultural assessment and nazarana or premium and other Government dues under this sub-section shall be regarded as the proof of the land having been converted to the non-agricultural use, and no further proof therefor shall be necessary.(3)Nothing is sub-sections (1) and (2) shall be applicable to any land granted by the Government under section 31 or 38, for specific purpose or to any land acquired by the Government under the relevant laws and handed over to any individual, institution or company for its use, or to any land which is under any reservation in the draft or final Regional Plan but has not been acquired by the Planning Authority or the Appropriate Authority.]
