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12. It would not be out of context to make reference to certain provisions of the MLRC more particularly Chapter III thereof which deals with lands. Section 29 categorises classes of persons holding land and there are three such categories of occupants; (i) Occupants - Class I, (ii) Occupants - Class II and (iii) Government lessees. As per Section 29(2), Class I shall consist of persons who hold unalienated land in perpetuity and without any restrictions on the right to transfer. Occupant Class II holds unalienated land in perpetuity but subject to restriction on the land to transfer. This provision makes it clear that in case of Occupant Class I, the occupant holds unalienated land in perpetuity without any restriction on the right to transfer meaning thereby transfer of the property can be effected without sanction/permission of the authorities under the said Act.

[(3) (a) On or after the commencement of the Hyderabad Abolition of Inams and Cash Grants (Amendment) Act, 2015 (hereinafter, in this sub-section, referred to as "the commencement date"), the occupancy of Madad Mash Inam lands held on the new and impartible tenure (Occupants-Class II) may be transferred by the occupant

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wp9715.22.odt for agricultural purpose, and no previous sanction or no objection certificate from the Collector or any other competent authority shall be necessary for such transfer. After such transfer, occupancy of such land shall be continued to be held by such transferee occupant on new and impartible tenure (Occupants-Class II), in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 :

Provided that, any such occupancy held on new and impartible tenure (Occupants-Class II) may, on or after the commencement date, be converted into Occupants-Class I by the occupant, by making payment of [five per cent.] of the amount of the current market value of such land to the Government as Nazarana, and after such conversion, such land shall be held by the occupant as Occupants- Class I, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966.

Provided further that, on or after the commencement date, if any occupancy, held on new and impartible tenure (Occupants-Class II) has, without the prior sanction of the Collector or any other competent authority and without payment of the amount equal to five per cent of the current market value of such land], been transferred by the occupant for non-agricultural use, such transfer may be regularised on payment of an amount equal to 4[five per cent. of the current market

After such regularisation, the occupancy of such land shall be deemed to be held by such transferee occupant as an Occupants-Class II, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 :

Provided that, before the commencement date, if any such occupancy of Madad Mash Inam lands, held on new and impartible tenure (Occupants-Class II), has already, without prior sanction of the Collector or any other competent authority, been transferred by the occupant for non-agricultural use, such transfer may be regularised on payment of an amount equal to [five per cent.] of the market value of such land on the date of the order of