Government Circular dt. 18th March, 2009- Department of Revenue and Forest- Sub- Revocation of Non-Agricultural Permission for Private Forest Lands
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The Maharashtra Land Revenue Code, 1966
Regarding Non-Agricultural Permissions granted for Private
Forest Lands
Government of Maharashtra
Department of Revenue and Forest
Government Circular No:NAP-3408/1203/Pra.Kra.66/L-5
Mantralaya, Mumbai-400 032
Date:-18th March, 2009
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Reference:-
Letter from the Principal Chief Conservator of Forests, Maharashtra State, Nagpur bearing No:-Cell-12/Jamin/3/Pune/Mutation/598/08-0, Dt.10/10/2008.
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CIRCULAR
As per the procedure laid down under Section 44 of the Maharashtra Land Revenue Code, 1966, Non-Agricultural Permission is granted by the District Collector. While granting Non-Agricultural Permission, “No-Objection” Certificates issued by various departments under Section 44 of the said Act are first obtained and then such Non-Agricultural Permission is granted. However, in Pune district, the Sub-Divisional Officer, Mawal Sub-Division, Pune, has in some instances passed orders for the restoration of lands under Section 22A of the Maharashtra Private Forests (Acquisition) Act, 1975 without seeking prior permission of the Central Government. The Principal Conservator of Forests, Nagpur has brought it to the notice of the Government that they have discovered that on some of the lands so restored, Non-Agricultural Permission and Building Permission have been taken and construction too has started.
2. While passing orders for the restoration of lands under Section 22A of the Maharashtra Private Forests (Acquisition) Act, 1975 after 25th October, 1980, it is mandatory to seek prior permission of the Central Government through the State Government. Furthermore, use of lands so restored under Section 22A is not permitted for any non-forest user. In these circumstances, Non-Agricultural Permission and Building Permission granted for these lands become invalid and the grant of such permissions violates the provisions of the Forest Conservation Act, 1980. The possibility of existence of such cases in other districts cannot be ruled out.
3. In view thereof, the Government hereby orders to trace out all those cases in Pune district and other districts of the state, wherein Non-Agricultural Permissions have been granted for the lands restored under the provisions of Section 22A of the Maharashtra Private Forests (Acquisition) Act, 1975 without seeking prior permission of the Central Government through the State Government and to proceed forthwith under the provisions of the Maharashtra Land Revenue Code, 1966 in review, with a view to having such cases revoked.
4. In all such cases, the concerned Local Self-Government Body should be intimated forthwith at the level of the District Collector regarding revocation of the building permissions so granted.
5. This Circular is made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 20090318155737001.
By the order and in the name of the Governor of Maharashtra,
Sd/-
[V.M.Kharat]
Desk Officer,
Revenue & Forest Department
Copies:-
1] All Divisional Commissioners [5 Copies each],
2] All District Collectors [15 Copies each],
3] Department of Rural Development & Water Harvesting, Mantralaya, Mumbai-400 032 [2 Copies],
4] Department of Urban Development, Mantralaya, Mumbai-400 032 [2 Copies],
5] The Principal Chief Conservator of Forests, Maharashtra State, Nagpur [15 Copies],
6] The Web Coordinator, Revenue & Forest Department, Mantralaya, Mumbai [1 Copy],
7] Select File, L-5 Desk, Revenue & Forest, Department, Mantralaya, Mumbai.
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Copy Forwarded for Information:-
1] The Additional Chief Secretary (Revenue), Revenue & Forest Department, Mantralaya, Mumbai [1 Copy],
2] The Additional Chief Secretary (Forests), Department of Revenue & Forest, Maharashtra, Mumbai [1 Copy].
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[Text Translated by Adv. Prakash Manohar Chalke-
Copyright Reserved- ©]
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