[Cites 0, Cited by 0]
[Entire Act]
State of Madhya Pradesh - Section
Section 170D in The M.P. Land Revenue Code, 1959
170D. [ Second appeal barred. [Provisions of this section shall apply to Scheduled Areas of the State of Madhya Pradesh only. Vide Government of Madhya Pradesh, Revenue Department's Notification F. No. 1-70-VII-N-2-83, dated the 5-1-1984, issued by the Governor of Madhya Pradesh under sub-paragraph (1) of Paragraph 5 of the Fifth Schedule to the Constitution of India, published in Madhya Pradesh Rajpatra, dated 6-1-1984 at pages 23-29.]
- Notwithstanding anything contained in this Code, no second appeal shall lie against the orders passed on or after the 24th October, 1983 under Section 170-A and Section 170-B.][171 to 172. [Deleted by M.P. Act No. 23 of 2018]***]| 171. Right to make improvements.- A bhumiswami of land held for the purpose of agriculture is entitled to make any improvement thereon for the better cultivation of the land or its more convenient use for the purpose aforesaid.172. Diversion of land.- (1)[If a bhumiswami of land held for any purpose in-(i) urban area or within a radius of five miles from the outer limits of such area;(ii) a village with a population of two thousand or above according to last census; or(iii) in such other areas as the State Government may, by notification, specify;wishes to divert his holding or any part thereof to any other purpose except agriculture,] [Substituted by M.P. Act No. 25 of 1964 (w.e.f. 23-4-1964).]he shall apply for permission to the Sub-Divisional Officer who may, subject to the provisions of this section and to rules made under this Code, refuse permission or grant it on such conditions as he may think fit :Provided that should the Sub-Divisional Officer neglect or omit for three months after the receipt of an application under sub-section (1) to make and deliver to the applicant an order of permission or refusal in respect thereof, and the applicant has by written communication called the attention of the Sub-Divisional Officer to the omission or neglect, and such omission or neglect continues for a further period of[one month] [Substituted by M.P. Act No. 19 of 2001 (w.e.f. 26-9-2001), for the words 'six months'.], the Sub-Divisional Officer shall be deemed to have granted the permission without any condition :[Provided further that if a bhumiswami of a land, which is reserved for a purpose other than agriculture in the development plan but is used for agriculture, wishes to divert his land or any part thereof to the purpose for which it is reserved in the development plan, a written information of his intention given by bhumiswami to the Sub-Divisional Officer shall be sufficient and no permission is required for such diversion :Provided also that if a bhumiswami of a land wishes to divert his land or any part thereof which is assessed for agriculture purpose and situated in any area other than an area covered by development plan to the purpose of industry, a written information of his intention given by bhumiswami to the Sub-Divisional Officer shall be sufficient and no permission is required for such diversion.] [[Substituted by M.P. Act No. 22 of 2003 (w.e.f. 3-5-2003). Prior to substitution it read as under :'Providing further that if a Bhumiswami of land situated in urban area which is reserved for a purpose other than agriculture in the development plan but is used for Agriculture wishes to divert his land or any part thereof to the purpose for which it is reserved in the development plan, he may apply for permission to the Sub-Divisional Officer, who shall, subject to the provisions of this section grant it on such conditions as he may think fit. If the Sub-Divisional Officer neglects or omits for two months after the receipt of an application under this proviso to make and deliver to the applicant an order of permission in respect thereof and the applicant has by written communication called the attention of the Sub-Divisional Officer to the omission or neglect, and such omission or neglect continues for a further period of one month, the Sub-Divisional Officer shall be deemed to have granted the permission without any condition.']][Provided also that if a competent authority undertakes the work of regularisation of the illegal colony, the land of which is not diverted, then the land, subject to the provisions of development plan, shall be deemed to have been diverted and such land shall be liable for premium and revised land revenue under Section 59.Explanation.-For the purpose of this section the competent authority shall have the same meaning as assigned to it in the Madhya Pradesh Nagar Palika (Registration of Coloniser. Terms and Conditions) Rules, 1998 made under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) and the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961).] [Inserted By M.P. Act No. 7 of 2000 (w.e.f. 15-3-2000).](2) Permission to divert may be refused by the Sub-Divisional Officer only on the ground that the diversion is likely to cause a public nuisance, or the bhumiswami is unable or unwilling to comply with the conditions that may be imposed under sub-section (3).(3) Conditions may be imposed on diversion for the following objects and no others, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality.(4) If any land has been diverted without permission by the bhumiswami or by any other person with or without the consent of the bhumiswami the Sub-Divisional Officer on receiving information thereof, may impose on the person responsible for the diversion a penalty not exceeding[two thousand rupees] [Substituted by M.P. Act No. 22 of 2003 (w.e.f. 3-5-2003), for the words 'two hundred rupees'.]and may proceed in accordance with the provisions of sub-section (1) as if an application for permission to divert had been made.(5) If any land has been diverted in contravention of an order passed or of a condition imposed under any of the foregoing sub-sections, the Sub-Divisional Officer may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition; and such notice may require such person to remove any structure, to fill up any excavation, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. The Sub-Divisional Officer may also impose on such person a penalty not exceeding[two thousand rupees] [Substituted by M.P. Act No. 22 of 2003 (w.e.f. 3-5-2003), for the words 'two hundred rupees'.]for such contravention, and a further penalty not exceeding[one hundred rupees] [Substituted by M.P. Act No. 22 of 2003 (w.e.f. 3-5-2003), for the words 'twenty rupees'.]for each day during which such contravention is persisted in.(6) If any person served with the notice under sub-section (5) fails within the period stated in the notice to take the steps ordered by the Sub-Divisional Officer under that sub-section, the Sub-Divisional Officer may himself take such steps of cause them to be taken; and any cost incurred in so doing shall be recoverable from such person as if it were an arrear of land revenue.[(6-a) If any land has been diverted in contravention of sub-section (6-ee) of Section 165, the Sub-Divisional Officer in addition to taking action laid down in sub-sections (5) and (6), shall also impose a penalty not exceeding five thousand rupees for such contravention and a further penalty not exceeding one hundred rupees for each day during which such contravention is persisted in.] [Inserted by Notification No. 37-4-VII-N-II-84, dated 4-6-1984, is its application to Scheduled Areas.](7) [ x x x] [Omitted by M.P. Act No, 17 of 1996 (w.e.f. 10-10-1996).][Explanation I.] [Re-numbered by M.P. Act No. 17 of 1996 (w.e.f. 10-10-1996).]-Diversion in this section means using land assessed to one purpose under Section 59 to any other purpose mentioned therein but using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be diversion.[Explanation II.-For the purposes of this section the words 'development plan' shall have the same meaning as assigned to it in the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).] [Inserted by M.P. Act No. 17 of 1996 (w.e.f. 10-10-1996).] |