Section 10 in The Maharashtra Land Revenue (Conversion of use of Land and Non-Agriculture Assessment) Rules, 1969
10. Continuance of offending unauthorised construction.
- Where the unauthorised non-agricultural use cannot be regularised under Rule 9, and the Collector is satisfied that the demolition of the offending unauthorised construction is likely to cause heavy damage and serious inconvenience and hardship, he may, if the holder so desires, and in areas falling within the jurisdiction of Planning Authority, after consulting such Planning Authority, allow such construction to stand, with the sanction of the State Government, subject to conditions (i) and (ii) in preceding rule, and the additional conditions -(a)that the holder shall pay a composition fee not less that fifty per cent of the cost incurred on the offending unauthorised construction or forty times the non-agricultural assessment payable on the land with reference to the altered use, whichever is greater [and] [Added by G.N. of 16.6.1973.](b)that the holder shall agree in writing to demolish the offending unauthorised construction without claiming compensation if after reasonable period thereafter, he is asked to do so by the Collector, in the public interest, failing which the Collector shall do so at the holder's risk and costs:[Provided that, if the Collector having regard to the pecuniary condition of the holder is of opinion that undue hardship will be caused to the holder by the recovery of the amount of composition fee laid down in condition (a), and that the offending unauthorised construction was not constructed by the holder with the knowledge that it was unauthorised, the Collector may, with the sanction of the State Government, reduce the amount of composition fee payable by the holder under condition (a) to such extent as he may think fit.] [Substituted by G.N. of 15.12.1987.][Explanation. [Added by G.N. of 15.12.1987.] - For the purposes of Rules 8,9 and 10 of these rules, the expression "forty times the non-agricultural assessment on the land" means forty times the non-agricultural assessment, only on that area of the land which is under unauthorised non-agricultural user.]
