Apr 29, 2024

Fresh Directions Regarding Non-Agricultural Permission

The Government of Maharashtra has issued fresh directions to all revenue authorities by way of a Notification dated March 13, 2024 (‘GR’) regarding non-requirement of a separate non-agricultural permission under the Maharashtra Land Revenue Code 1966 (‘MLRC’).

The GR states that in spite of the inclusion of Section 42B, 42C and 42D in the MLRC in 2017 and 2018, which provide that no separate non-agricultural permission is required in cases where the land falls within the categories mentioned in the aforesaid provisions, landowners have been making applications for non-agricultural permission. Earlier, by way of another Notification dated May 23, 2023, the Government has issued directions to the revenue authorities in this respect. However, with a view to re-enforce the earlier Guidelines, the GR sets out the following directions:

i.    In view of Section 42B, 42C and 42D of the MLRC, no separate non-agricultural permission is required if the non-agricultural use of the land is permissible as per the provisions of the final or draft development / regional plan;

ii.   If the development permission(s) have been granted in respect of any land by the concerned authority, such land will be deemed to be classified as non-agricultural land for the permissible use under the development / regional plan;

iii.  Based on such development permission(s), the concerned revenue authority should issue a ‘sanad’ regarding the non-agricultural use within the prescribed timelines;

iv.   Further, the planning authorities have been instructed not to insist on a separate non-agricultural permission being provided by the applicant before granting development permission / construction permission;

It is clarified that the above provisions are applicable for Occupancy Class-I lands. For Occupancy Class-II lands a no objection certificate from the concerned authorities has to be obtained prior to granting development permission(s).




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