Section 42A in Maharashtra Industrial Development Act, 1961
42A. Acquisition or unutilised surplus lands in industrial areas and allotment to other industries.
(1)With a view to ascertaining whether any industrial area developed by the Corporation has been fully utilised for industrial purposes or not, the State Government may direct the Corporation to submit to it a six-monthly report containing the following information in respect of such area, namely:-(a)the total number of plots and the area of each plot in the Industrial area;(b)the number of plots allotted to the plot holders and the number of plots still in possession of the Corporation;(c)the date on which possession of each plot was delivered to the plot holder, the period for which the plot is allotted and the premium or rent paid or payable by the plot holder;(d)unutilised buildable area in each plot, having due regard to the building regulations of the Corporation or the local authority concerned within whose jurisdiction the industrial area is situated;(e)how much unutilised area of each plot is capable of sub-division and whether the unutilised area can be utilised for accommodating another industry, after sub-division;(f)the period for which the area of any plot (whether whole or part) remained unutilised from the date of delivery of possession to the plot holder and the reasons therefore as stated by the plot holder.(2)Upon receipt of such directions, the Corporation shall issue notices to the plot holders in the industrial area calling upon them to furnish to it the information in the prescribed form and when so called upon each plot holder shall be bound to furnish true and correct information required within one month from the date of receipt of such notice by him.(3)For the purpose of enabling the Corporation to determine whether there is any unutilised portion of any plot in the industrial area and whether such portion is capable of sub-division so as to make it useful for accommodating any other industry after sub-division, it.shall be lawful for any officer of the Corporation, either generally or specially authorised by it in this behalf, and for his servants and workmen, at all reasonable hours,-(i)to enter upon and survey the plot,(ii)to set out the boundaries of the unutilised portion of the plots and(iii)to do all other acts necessary for the purposes aforesaid.(4)If upon the report submitted by the Corporation, the State Government is satisfied that any plot holder has not utilised the maximum buildable area of his plot for a period of five years or more from the date on which possession of the plot was delivered to him by the Corporation and the unutilised portion is capable of sub-division so as to make it useful for accommodating any other industry, the State Government may, notwithstanding anything, contained in any contract or in any law for the time being in force before the expiry of such period from the date of receipt of such report as may be prescribed, issue to the plot holder and all other persons interested in the plot notices to show cause why such unutilised portion should not be acquired for the purpose of being utilised for accommodating another industry. The State Government shall also cause public notice to be given in the manner laid down in section 53.(5)When any such notice is issued, the State Government shall give a reasonable opportunity of being heard to the plot holder and other persons interested in the plot and it shall be open to the plot holder or any other persons interested in the plot to appear and object to such acquisition on the ground that the unutilised portion is required by the plot holder himself for the purpose of immediate expansion of his own industry and that he has already taken effective steps for utilising such portion.Explanation. - For the purposes of this sub-section, the expression "effective steps" shall mean the following steps, namely:-(i)the plot holder has prepared the necessary project report in respect of the proposed expansion of his industry indicating the requirements of such expansion; and(ii)(a)the plot holder has obtained whenever necessary letter of intent or industrial licence or registration from the Government of India as required under the Industries (Development and Regulation) Act, 1951; or(b)the plot holder has completed the negotiations with financial institutions for raising required finance and sixty per cent. or more of the capital requirements for such expansion have been subscribed in the case of the company which has to go in for public issue where applicable; or(c)the plot holder has placed a firm order for purchase of at least 50 per cent. of the plant and machinery required for the purpose of expansion.(6)If after giving a reasonable opportunity of being heard, the State Government is satisfied that the holder of the plot has failed to utilise or is not likely to utilise the unutilised portion for industrial purposes within a reasonable period, and such unutilised portion can be used for accommodating another industry, the State Government may, notwithstanding anything contained in any contract or in any law for the time being in force for the purpose of enabling the Corporation to properly discharge its functions of promoting rapid growth and development of industries by accommodating another industry on such unutilised portion, acquire the land of such portion by publishing in the Official Gazette a notice specifying the purpose for which the land is required, and stating therein, that the State Government had decided to acquire the land in pursuance of this section. When such a notice is published in the Official Gazette, the land shall, on and from the date of such publication, vest absolutely in the State Government, free from all encumbrances.(7)Where any land is vested in the State Government under the last preceding sub-section, the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice.(8)If any person refuses or fails to comply with an order made under the last preceding sub-section, the State Government may take possession of the land, and may for that purpose use such force as may be necessary.(9)Where any land is acquired by the State Government under this section, the State Government shall pay for such acquisition an amount, which shall as far as possible be determined in accordance with the provisions of section 33, and the provisions of sections subsequent to section 33 in Chapter VI shall mutatis mutandis apply to further proceedings in respect of such amount:Provided that, the amount to be awarded and paid shall not in the case of a premium lease exceed the proportionate amount of premium paid by the plot holder or his predecessor-in-title claiming under the Corporation in respect of the land so acquired, with interest thereon at six per cent. per annum from the date of payment of the premium, and where the ease is a rental lease the amount to be awarded shall not exceed an amount equal to five times the net average yearly proportionate rent payable by the plot holder to the Corporation in respect of the land so acquired.
