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State of Maharashtra - Section

Section 52 in The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971

52. [ Power of Government to relax provisions of any rule. [Added by Notification No. Jamin-2018/C.R. 28/J-1, (w.e.f. 15.5.1971).]

The Government may, for the reasons to be recorded in writing, relax any of these rules, in respect of a case which, in its opinion, is of a special nature.]Form IForm of Sanad for Revenue-free Grants of Land for promotion of Education, Charitable or Public Purposes.To,A.B.Whereas the State Government have been pleased to grant revenue free to you, A.B. the possession of the below-mentioned piece of land situated in the village of .................. in the taluka of .................. district for the purpose of .................. (namely)-All that piece of land bounded on the North by .................. on the South by .................. on the East by .................. on the West by and measuring from North to South .................. and from East to West .................., comprising .................. square in superficial area, be the same more or less, and bearing No. .................. in the Land Records.It is hereby declared that the said land shall be continued for ever/ for a term of .................. years free of all claim on the part of the State Government for rent or land revenue to whoever shall from time to time be the lawful holder or manager of the said on the condition that the said land or any part thereof or any interest therein shall not be transferred except with the previous sanction of the State Government and that the said land shall in all respects be made ready for and shall be fully used for the purpose or purposes for which it was granted before the day of 19; and that neither the said land .................. nor any building erected thereupon shall at any time, without the express consent of the State Government, be diverted either temporarily or permanently to any other than the aforesaid purpose or purposes, and that no change or modification shall be made of such purpose of purposes and neither the said land nor nay building erected thereon shall be so used as to yield a profit to the grantee, and that in the event of any such unauthorized diversion, change or modification being made, or in the event of the said land or any building erected thereon yielding a profit to the grantee, the said land shall thereupon, in addition to the assessment to which it becomes liable under Section 67 of the Maharashtra Land Revenue Code, 1966 is become liable to such fine as may be fixed in this behalf by the Collector under the provisions of Section 45 of the said Code, or other corresponding law for the time being in force relating to the recovery of land revenue, as if the land, having been assessed for purposes of agriculture only, has been an authorisedly used for any purpose unconnected with agriculture; and in any such event as aforesaid, or in the event of failure to make the land ready for and to use it fully for, the purpose or purposes for which it is granted before the aforesaid day of 19, or in the event of the land being required by the State Government for any being required by the State Government for any public purpose, a declaration in respect of which under the signature of the Collector that it is so required shall, as between the said holder or manager and the State Government, be conclusive, or in the event of the land being notified by the State Government, for acquisition under the Land Acquisition Act, 1894, (I of 1894), or in the event of the land or any part thereof or any interest therein having been transferred without the previous sanction of the State Government, it shall be lawful for the State Government on causing six months previous notice in writing to be given to the said holder or manager, to take one of the following courses, namely, either,-
(1)to require that the said land be vacated and delivered up to the State Government free of all claims or encumbrances of any person whatsoever, or
(2)to resume and take possession of the said land any buildings erected or works executed thereon, free of all claims and encumbrances of any person whatsoever, on payment of compensation not exceeding the following amount, namely;
(a)the amount (if any) paid to the State Government for this grant, and
(b)the cost or value at the time of resumption, whichever is less, of any buildings, or other works authorisedly erected or executed on the said land by the said grantee.
This grant is made subject to reservation of the right of the Government to all mines and mineral products and quarries and of full liberty of access for the purpose of working quarrying and searching for the same, with all reasonable conveniences as provided by the Code.This Sanad is executed on behalf of the Governor of Maharashtra by the Collector of ..................... this .................. day of ....................19....................
(Signed)..................
Collector.[Seal]Form II[See Rule 7 (2)]Form of lease of land granted to Educational Institutions or Local Authorities and for Gymnasiums to be used as a Playground Gymnasium or for other Recreational purpose.The Government of MaharashtraToThis is to certify that ................. of ................ (hereinafter called "the lessee") has, subject to the provisions of the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966), and the rules made thereunder and subject to the conditions hereinafter specified, been allowed by the Collector of ................ (hereinafter called the Collector") on behalf of the Governor of Maharashtra (hereinafter referred to as Governor"), to occupy for the purposes of a playground/ Gymnasium and/ or [.................] [Here specify the other recreation purpose.] for a period of years commencing on a day of .................19................(hereinafter called "the said term") a plot of land situated in village/town/city of taluka district ................ bounded on the North by ................ on the South by ................. on the West by .................. and on the East by .................. bearing C.T.S., No./ Survey .................. and measuring about ................ sq. metres and hectares and of the following shape and the following dimensions as shown in the map hereto annexed:-The conditions of the lease are as follows: