Section 43 in The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971
43. Grant of lands encroached upon.
(1)Subject to the proviso to Section 51, and sub-rule (2) of this rule in areas other than the City of Bombay, the Collector may, subject to the general or special orders of the State Government, if the person making the encroachment so desires, grant the land encroached upon to the encroacher either in occupancy rights under Section 20 read with Section 31 or in leasehold rights under Section 38 on the following among other conditions, that is to say-(a)Conditions for grant encroached lands in occupancy rights-(i)that the encroacher shall pay assessment for any entire period of encroachment and fine as required by sub-section (2) of Section 50;(ii)that the encroacher shall pay such penal occupancy price not exceeding five times the value of the land, as the Collector may in his discretion fix, subject to the minimum of two and half times the ordinary occupancy price, if the encroacher does not belong to a backward class, and subject to Rule 45, equal to the ordinary occupancy if he belongs to the backward class;(iii)that the encroacher shall pay such penal assessment not exceeding five times the ordinary annual land revenue leviable with reference to the use of land, as the Collector may in his discretion fix, subject to the minimum of two and half times such assessment if the encroacher does not belong to a backward class; and subject to Rule 45, equal to such assessment, if belongs to a backward class;Provided that, the Collector may, with the previous sanction of the State Government, fix the amount of penal occupancy price and penal assessment at a rate lower than the minima prescribed under conditions (ii) and (iii) respectively regard being had to the circumstances of case, and the following consideration, that is to say;(i)that in the opinion of the Collector there is no deliberate or malafide intention on the part of encroacher in making the encroachment on Government land;(ii)that in the opinion of the Collector the holder may suffer monetarily even if the amount of occupancy price and penal assessment is fixed to the extent of the prescribed minima; and(iii)any other consideration relevant to the facts of the case;(iv)that the assessment fixed under condition (iii) shall be guaranteed for a period of 15 years if the land is used for non agricultural purpose; and for the period of settlement if used for agricultural purpose; and thereafter, it shall be liable to revision:Provided that, when the revision of assessment is made, the encroacher shall be liable to pay the revised assessment or the penal assessment fixed under condition (iii), whichever is more;(v)that the land shall not be used for any purpose other than for which it is granted without the permission of the Collector;(vi)that the encroacher shall execute an agreement in Form XIV(b)Conditions for grant for encroached land in leasehold rights. -(i)that the lease shall be for a period of thirty years with retrospective effect from the date of the encroachment;(ii)that the lessee shall agree in writing to pay rent at not less than 15 per cent and not more than 25 per cent of the occupancy price of the encroached land;(iii)that the lessee shall agree to pay such fine for the unauthorised occupation of the encroached land, as the Collector may determine under sub-section (2) of Section 50;(iv)that the lessee shall agree to vacate the encroached land without compensation of unauthorised structures as are in the opinion of the Collector substantially altered during the currency of the lease;(v)that the land shall not be used for any purpose other than that for which it is granted without the permission of the Collector;(vi)that the lessee shall execute an agreement in Form XV.(2)The collector shall, before granting the land to the encroacher under this rule, obtain the sanction of the Commissioner in cases where the market value of the land encroached upon as determined in accordance with the factors specified in sub-rule (3) of Rule 26, exceeds five thousand rupees but does not exceed ten thousand rupees.
