G.R. Dt. 2nd March, 2019 – Department of Revenue and Forest – Sub- Guidelines for conversion of Nazul Lands in Napur and Amravati Divisions into Freehold Lands
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Conversion of Nazul Lands in Nagpur and Amravati Divisions granted by Auction or any other means of Lease into Freehold (Occupant Class-1)
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- Nazul-2016/Pra.Kra. 186(b)/J-8
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai -400 032
Dated:- 2nd March, 2019
Vide:-
[1] Government Resolution in the Department of Revenue and Forest, bearing No:- Nazul-2015/Pra.Kra.55/Shikana- Dt. 21.12.2015.
[2] Government Resolution in the Department of Revenue and Forest, bearing No:- Jamin-2499/Pra.Kra.125/J-8, Dt. 23.12.2015.
[3] Government Resolution in the Department of Revenue and Forest, bearing No:- Nazul-2016/Pra.Kra.186(A)/J-8, Dt. 02.03.2019.
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Preface:-
In Nagpur and Amravati Revenue Divisions, large scale Nazul/Government Lands were granted on lease under the laws applicable in the erstwhile Central Province and Berar region. Of these Nazul/Government lands, most of the lands were granted under the provisions of the Statutes applicable in the said Revenue Divisions at the relevant time, before the formation of the State of Maharashtra.
Renewal of lease of these lands is carried out as per the Terms and Conditions specified in the respective Lease Agreement. However, the Nazul Plot Holders, from time to time, have requested the Government to grant them complete ownership rights of their plots.
In furtherance thereof, a Committee presided over by the Principal Secretary (Revenue), came to be constituted under the above referred Government Resolution at Reference No.1, to conduct a study and make Recommendations in the matter of Freehold (Occupant Class-1) conversion of the said Nazul lands which were en-masse granted on lease in Nagpur and Amravati Revenue Divisions under the Statutes prevailing in the erstwhile Central Province and Berar Region.
Having regard to the Recommendations made in the Report submitted by the said Committee, the Government contemplated the matter of converting Nazul lands in Nagpur and Amravati Divisions granted by auction or any other means of lease into Freehold (Occupant Class-1) lands. In furtherance thereof, after a considerable deliberation upon the matter and with a view to facilitating public convenience and ease of doing business, a decision was taken in the Cabinet Meeting held on 12.02.2019 regarding Freehold Conversion of the Nazul lands granted on lease in Nagpur and Amravati Divisions by charging Premium and the Procedure to be adopted, therefor, as set out as hereunder:-
Government Resolution:-
Government sanction is hereby granted for the Freehold Conversion (Occupant Class-1) of Nazul lands in Nagpur and Amravati Divisions granted by auction or any other means of lease for residential, commercial/industrial purpose and the following provisions are prescribed therefor:-
01. While carrying out Freehold conversion (Occupant Class-1) conversion of the Nazul lands in Nagpur and Amravati Divisions granted by auction or other means of lease for residential, commercial/industrial purpose, a Conversion Premium equal to 5 percent of the Market Value worked out on the basis of the prevailing Annual Statement of Rates for the concerned land should be charged for residential purpose and a Conversion premium equal to 10 percent of the Market Value on the basis of the prevailing Annual Statement of Rates for the concerned land should be charged for commercial/industrial purpose and accordingly, the said Nazul lands should be made Freehold.
02. Following Procedure should be adopted for the Freehold (Occupant Class-1) Conversion of Nazul Lands let out on Lease in furtherance of this Resolution:-
(i) If lease of the Nazul lands let out by auction or lease in Nagpur and Amravati Divisions has already expired, then before their Freehold Conversion, the Lease Holder in the first instance, should get the lease renewed and all types of breach of conditions, duly regularised under the prevailing Policy and when the Lease Holder makes an application for the Freehold Conversion of the Nazul lands let out on lease to the District Collectors, the District Collectors should satisfy themselves that necessary pre-requisites for the Freehold Conversion of such lands are complied with and get the Conversion Premium prescribed therefor, duly paid and then proceed to pass orders at their level for the Freehold Conversion of Nazul lands let out on lease.
(ii) If any kind of breach of conditions is already occasioned in case of Nazul land let out on lease, then such Nazul plot should be considered eligible for Freehold Conversion only when an order is passed by the District Collector for the regularisation of such breach of conditions by getting deposited the prescribed amount, in that regard.
(iii) Those Lease Holder who do not want to avail this concession for the Freehold Conversion of Nazul lands, can continue their lease under the prevailing Policy.
03. Since Nazul lands given out for charitable public purpose are the lands let out in public interest for a specific purpose, such Nazul lands should not be converted into Freehold (Occupant Class-1).
04. The Department of Urban Development should take necessary steps for extending this Policy, vis-à-vis Freehold (Occupant Class-1) conversion of the Nazul lands let out on lease, to the Lease of Nazul lands let out by the Nagpur Improvement Trust, Nagpur and the Municipal Corporation for Nagpur at Nagpur, as well.
This Government Resolution has been issued pursuant to the opinion given by the Department of Finance, vide its Informal Reference No. 16-A/Vyay-9/2019, Dt. 10.01.2019 and in furtherance of the decision taken by the Cabinet.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 201903021536207819. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
Manu Kumar Srivastava — Digital Signature
[Manu Kumar Srivastava]
Additional Chief Secretary
[Revenue, Registration and Stamp Duty]
Copy:-
[1] The Secretary to the Hon’ble Governor, Raj Bhawan, Mumbai,
[2] The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
[3] The Private Secretary to the Hon’ble Minister (Revenue), Mantralaya, Mumbai-32,
[4] The Private Secretary to the Hon’ble Minister of State (Revenue), Mantralaya, Mumbai,
[5] The Hon’ble Chief Secretary, Government of Maharashtra, Mantralaya, Mumbai-32,
[6] The Additional Chief Secretary, Department of Finance, Mantralaya, Mumbai-400 032,
[7] The S.D.O to the Additional Chief Secretary (Revenue), Department of Revenue and Forest, Mantralaya, Mumbai-32,
[8] The Principal Secretary, Department of Urban Development, Mantralaya, Mumbai,
[9] The Principal Secretary and Legal Remembrancer, Department of Law and Judiciary, Mantralaya, Mumbai- 400 032,
[10] The Settlement Commissioner and Director of Land Records, Maharashtra State, Pune,
[11] All Divisional Commissioners,
[12] All District Collectors,
[13] The Accountant General (Accounts & Entitlement/Audit), Maharashtra State,(1), Mumbai-32,
[14] The Accountant General (Accounts & Entitlement/Audit), Maharashtra (2), Nagpur,
[15] The Legislature Library, Vidhan Bhawan, Mumbai-32,
[16] The Directorate of Information and Public Relations, Mantralaya, Mumbai-32,
[17] Joint Secretaries/Deputy Secretaries (Desk-J-9) Department of Revenue and Forest, Mantralaya, Mumbai-32,
[18] All Joint Secretaries/Deputy Secretaries/Under Secretaries/Section Officers in the Department of Revenue and Forest, Mantralaya, Mumbai-32,
[19] Select File, Desk-J-8, Mantralaya, Mumbai-32.
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[Text Translated by Adv. Prakash Manohar Chalke
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