G.R. Dt. 23rd December, 2015 – Department of Revenue and Forest – Sub- Revised Policy for the Nazul Lands in Nagpur and Amravati Divisions
———————————–
Revised Policy for the Nazul Lands in Nagpur and Amravati Divisions
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- Jamin-2499/Pra.Kra.125/J-8
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai- 400 032
Dated:- 23/12/2015
Vide:-
[1] Government Resolution bearing No:- Jamin-2499/Pra.Kra.125/J-8, Dt. 28.12.2011.
[2] Government Resolution bearing No:- Jamin-2499/Pra.Kra.125/J-8, Dt. 01.08.2014.
[3] Government Corrigendum bearing No:- Jamin-2499/Pra.Kra.125/J-8, Dt. 26.08.2014.
————–
Preface:-
The Government was contemplating the matter of framing a Revised Comprehensive Policy vis-à-vis such matters as streamlining the existing Resolutions concerning the Nazul lands let out on lease for residential, commercial and industrial purposes by the Government under the Land Revenue Statutes applicable to the erstwhile areas of the Central Province and Berar situated in Nagpur and Amravati Divisions, as well as such other matters, as the renewal of lease of such lands, Regularisation of breach of conditions, etc. In view of the directions given by the Nagpur Bench of the Hon’ble High Court in its common order Dt. 30/09/2008 passed in Writ Petition No. 4433/1999 and other Writ Petitions, the Revised Government Policy concerning Nazul lands let out on lease for residential, commercial and industrial purposes under the Land Revenue Statutes applicable to the erstwhile areas of the Central Province and Berar (CP and Berar) situated in Nagpur and Amravati Divisions, came to be framed under the above referred Government Resolution at Sr. No. 1, Dated 28/12/2011. For facilitating implementation of this Policy certain modifications were made therein, vide Government Resolution at Reference No. 2, Dt. 01.08.2014.
In the meantime, the Maharashtra Land Revenue Code, 1966 came to be amended and Section 37A was incorporated, vide “The Maharashtra Land Revenue Code(Second Amendment) Act, 2012 and the said provision has come into force with effect from the 3rd March, 2015. Explanation (B) to Section 37A contains a Definition of Nazul land. In the above referred Government Resolution at Sr. No.2, Dt. 01.08.2014, provisions were made regarding the breach of conditions (unauthorised transfer/change of use) in case of lease of Nazul lands for industrial and commercial purpose which have already taken place and which may take place in future. In view of the fact that the aforesaid Section 37A has already come into force, it has become imperative to frame a Policy vis-à-vis the existing and future breach of conditions in case of their lease for industrial, commercial and other purposes, change of use, transfers without permission and such other ancillary matters.
The fact that there is a sense of indifference and apathy amongst the Lease Holders concerning Renewal of the lease owing to the fact that the Rates of Nazul Leases determined upon their Renewal under the above referred Government Resolutions at Sr. No. 1 and 2, Dated 28.12.2011 and 01.08.2014, are several time higher than the original Rates, was brought to the attention of the Government and in view thereof, the Government contemplated the matter of determining fair and equitable Rent at the time of Renewal of Lease for Nazul lands in Nagpur and Amravati Divisions. Accordingly, after an overall consideration of aforementioned matters at the Cabinet Meeting held on 28.10.2015, it was resolved to fix Revised Rates for the Leases of Nazul lands. Pursuant to the said decision, the above referred Government Resolution Dated 01.08.2014 and the Corrigendum Dated 26.08.2014 have been superseded and the Revised Policy is fixed as set out hereunder:-
Government Resolution:-
In case of Renewal of the Lease of Nazul lands in Nagpur and Amravati Divisions, as well as in the matter of breach of conditions/change of use/transfers without permissions etc., following steps should be taken.
[I] Steps to be taken while carrying out Renewal of Nazul Leases:-
(1) Steps which have already been taken under the above referred Government Resolutions Dt. 28.12.2011 and Dt. 01.08.2014, vis-à-vis Renewal of the Nazul Leases shall remain unaffected.
(2) Those cases in which the Lease is not yet concluded, the amount of Ground Rent should be charged at the old rates till conclusion of Lease.
(3) Those cases in which the Lease was already concluded before declaration of the instant Policy, but not yet renewed, the amount of Ground Rent should be charged at the old rates up to 31.12.2015 and upon Renewal of the Lease, the Revised Rates of Ground Rent for the Lease as set out in the Table below should be enforced with effect from 01.01.2016.
The Rates of Ground Rent to be charged upon Renewal of Lease for the Nazul Lands:-
Table No. 1
| No. | Details | Class | Ground Rent to be charged as per the Current Ready Reckoner depending upon the existing use of land | |||||
| Residential | Commercial/Industrial | Charity/ Public Purpose | ||||||
| Less than 1000 Sq. Feet (92.93 Sq. Mt) | 1000 To 3000 Sq. Feet (92.93 Sq. Mt To 278.81 Sq. Mt) | 3000 To 5000 Sq. Feet (278.81 Sq. Mt to 464.68 Sq. Mt) | Above 5000 Sq. Feet (464.68 Sq. Mt) | |||||
| Rates of Ground Rent | Land let out by Auction on Lease Basis | 0.02% | 0.03% | 0.04% | 0.05% | 0.06% | 0.02% | |
| Land let out on Lease Otherwise | 0.04% | 0.05% | 0.07% | 0.09% | 0.10% | 0.04% | ||
(4) A Lease for Nazul land should be renewed for a period of 30 years. The Rates based on the Market Value applicable as on the date of Renewal of a Lease of Nazul land should be fixed as set out in the above Table and they should be increased at the interval of every five years as per the Market Value.
(5) Lease Holders of the Nazul lands who have already carried out Renewal of their Lease as per the provisions of the above referred Government Resolutions Dt. 28.12.2011 and 01.08.2014, too, shall have the liberty to apply to the District Collector for the revision of their Ground Rent as per this Revised Policy. Upon receipt of such applications, District Collectors should fix the Revised Ground Rent under the instant Policy by taking into consideration the prevailing Market Value of the Nazul lands held by such Lease Holders and the recovery of such Revised Ground Rent should be effected from the date of fixation of the Revised Rent. However, the Lease Holders whose Ground Rent is revised in this manner, shall not be entitled to get a refund of the amount of Lease paid before the Revision of Ground Rent.
(6) While taking steps for the Renewal of Lease as described above, interest should not be charged till the date of issue of Notice seeking payment of actual arrears.
(7) Lands held by the persons who have elected the option of holding their lands by Occupancy Rights as per the provisions of the above referred Government Resolution at Sr. No. 1 Dated 28.12.2011, shall continue to stay in Occupant Class-2 Category. Upon conversion of lands into Occupant Class-2, apart from the dues applicable to such lands under the relevant Rules, Revenue Assessment should be levied and recovered every year.
(8) While taking steps for the Renewal of Lease of Nazul lands under this Government Resolution, District Collectors at the request of the Lease Holders should compute the amount to be paid as per the Rules after a due verification and call upon the concerned persons to pay the said amount. This will, inter-alia, include the Rates of Revised Ground Rent and the basis for the fixation, thereof, and District Collectors should convey the same to the concerned persons. If the Lease Holders raise any objections against the Revised Rates, District Collectors should give them an opportunity of hearing and after fixing the Rates should inform the concerned persons, accordingly. If the concerned persons make the necessary payment and furnish a copy of the Challan, District Collectors should proceed to pass necessary orders, in that regard.
(9) The Hon’ble High Court of Bombay, Nagpur Bench, by its common order Dt. 30.09.2008 passed in Writ Petition No.4433/1999 and other Writ Petitions, has given the directions to the following effect:-
“While taking a decision in case of Nazul lands held by “B” Tenure Type in Amravati Division for which no Lease Agreement is executed, it should be presumed that such Lease Agreement is executed as per the provisions of the relevant land related statute prevailing in the said Division during the period when the said land was sanctioned to the concerned Lease Holder by “B” Tenure Type.”
The concerned District Collectors should take into consideration the aforesaid order of the Hon’ble High Court while taking a decision in the matter of renewal of lease of the Nazul lands in a case-wise manner and proceed to issue orders with the reasoning, thereof.
(10) It is noticed that in some instances of Lease Agreements executed in the Nagpur Division, the concerned Government Lease Holders have obtained such Government lands on lease by Conditional Auction. Moreover, it is also noticed that Terms and Conditions have been made applicable to such cases by a Lease Agreement and the concerned Government Lease Holders have accepted such Terms and Conditions under the Lease Agreement. In such cases, since the concerned Government Lease Holders have accepted the Terms and Conditions by way of an Agreement, the Terms and Conditions incorporated in the relevant Agreement would be binding on them. Hence, Renewal of such Leases should be carried out in conformity with the Terms and Conditions of the relevant Lease Agreement.
(II)(a) Regularising Breach of Conditions which have already taken place in case of Nazul Leases (Unauthorised Transfers/Change of Use):-
For the regularisation of transfer of properties effected without permission or as the case may be, the change of use effected without permission in case of property holders who hold such properties either by Lease or as the case may be, “B” Class Tenure Type and who submit to the restrictions on the transfer of properties or on the change of use, steps should be taken for the realization of amount as set out in the Table below:-
Table No. 2
| Point | Where the land is presently used for Residential Purpose | Where the land is presently used for Commercial/ Industrial Purpose | Where the land is presently used for Educational/ Charitable Purpose | |
| Regularisation of Unauthorised transfers, as well as change of use without obtaining Prior Permission of the Government | (i) Where proof of Registered Document is furnished for the purchase of land or the Sanction of the Local Planning Authority is furnished for the change of purpose. | 10% Unearned Amount on the Market Value of the land on the date of last breach of conditions. | 25% Unearned Amount on the Market Value of the land on the date of last breach of conditions | 10% Unearned Amount on the Market Value of the land on the date of last breach of conditions. |
| (ii) Where a Registered Document or the Sanction of Local Planning Authority for the change of use is not furnished, it would be incumbent to register such transfer to begin with, and upon furnishing such Registered Document— | 10% Unearned Amount on the prevailing Market Value of the land. | 25% Unearned Amount on the prevailing Market Value of land. | 10% Unearned Amount on the prevailing Market Value of land. | |
(1) While taking steps as specified in the above Table, the onus of furnishing the authoritative documents regarding the transfer or change of use, shall rest upon the concerned person. Where sanction of the Competent Authority regarding change of use is not available, it would be incumbent upon to obtain such sanction. Only thereafter, sanction can be granted for the regularisation of such change of use.
(2) Where a Lease Holder has made composite use of land (e.g. residential, commercial, social, educational), then the amount of unearned income as computed under the above Table No.(ii) should be charged in the ratio of actual area employed for the relevant purpose, along with the Floor Space Index Entitlement corresponding to the relevant purpose.
(3) Both Breach of Conditions, vis. Transfers without permission and change of use without permission should be regularised in conformity with the provisions set out hereunder:-
(a) In case of transfer without permission, a Registered Instrument would have to be provided as the proof of transfer for the purpose of regularisation of breach of conditions. Where Registered Instrument is not available, it would be incumbent to get such Instrument of Transfer registered. Such breach of conditions may be regularised by charging 25 percent amount on the price computed as per the Rates under the Annual Statement of Market Rates prevailing on the date when the Instrument of Transfer was registered, towards share of the Government in the unearned income. Where Annual Statement of Market Rates or the Ready Reckoners used previously are not available, then in such cases 25 percent amount should be levied towards unearned income by obtaining a valuation for the relevant year from the Department of Town Planning.
(b) While regularising a change of use of Nazul land effected without prior permission, the date on which the Local Planning Authority has permitted the change of use or the Issuance Date when the Shop Licenses, Gumasta License or such other Permits, Licenses and Permissions have been issued by the Government Agencies as the proof for change of use, should be admitted as the date of change of use and such breach of conditions should be regularised by charging 25 Percent Amount on the price computed as per the Rates under the Annual Statement of Market Rates prevailing on such date, towards share of the Government in the unearned income.
Where none of the aforementioned Authorities/Offices has granted a Permit for the change of use without permission, then in such case, the breach of conditions should be regularised by charging 25 Percent Amount on the Amount computed under the Annual Statement of Market Rates prevailing on the date when the Lease Holder obtains such Permission/Permit from the concerned Authority/Office towards share of the Government in the unearned income.
(4) The aforesaid provisions vis-à-vis the recovery of Government’s share in the Unearned Income, shall not be applicable to the cases where a condition permitting transfer is incorporated in the concerned Lease Agreement or where the Leasehold Rights are obtained in an Open Auction or on the payment of Premium.
[II](b) Granting Prior Permission for the Transfer/Change of Use or Regularising Breach of Conditions (Unauthorised Transfer/Change of Use) of Nazul Lands in future:-
While granting permission in each instance of sale/transfer or change of use of Nazul lands in future or while regularising unauthorised transfers/sale or change of purpose executed in future, the Unearned Income as set out in the Table below should be recovered—
Table No. 3
| Point | Where the land is presently used for Residential Purpose | Where the land is presently used for Commercial/ Industrial Purpose | Where the land is presently used for Educational/ Charitable Purpose | |
| Sale/Transfer and Change of Use of Nazul Lands in future (Each Time) | (1) Granting Prior Permission for the Sale/Transfer and Change of Use. | 5% Unearned Amount on the Prevailing Market Value of land (Only in case of Transfers). | 12.5% Unearned Amount on the Prevailing Market Value of land. | 5% Unearned Amount on the Prevailing Market Value of land. |
| (2) Regularising Transfers/Change of Purpose executed without obtaining Prior Permission. | 40% Unearned Amount on the Prevailing Market Value of land (Only in case of Transfers). | 50% Unearned Amount on the Prevailing Market Value of land. | 20% Unearned Amount on the Prevailing Market Value of land. | |
(1) Even after the Sale/Transfer of a Nazul land sanctioned by Lease in accordance with the aforesaid provisions, the Purchaser of the said land shall hold it under Lease.
(2) Those Lease Holders who want to effect a transfer of their Lease should obtain a Challan for the payment of Unearned Amount duly passed by the Tahsil Office as described above and take steps for the payment of Unearned Amount in the bank/concerned District Treasury or Sub-Treasury Office prior to transfer of such land. The proof regarding payment of Unearned Amount should be treated as a Deemed Permission. Upon payment of the Unearned Amount, a copy, thereof, would have to be despatched to the District Collector. Upon perusal of the copy of Challan, steps should be taken for the Renewal/Transfer of the Lease.
(3) In case of Regularisation of transfer/change of use executed without permission, such breach of conditions would have to be regularised by a Competent Authority. In cases pertaining to breach of conditions, following action should be taken.
Save and except the instances of unauthorised sale and change of use, in cases involving other types of breach of conditions, District Collectors should pass orders for Regularisation after a detailed enquiry having due regard to the interests of the Government. Where other Terms and Conditions of the Lease Agreement excluding the unauthorised sale and change of use are contravened, a fine equal to 10%, 12% and 5% of the respective Rates of the Market Value prevailing on the date of Order of Regularisation for residential, industrial/commercial and charitable purposes should be charged while passing such order.
(4) The aforesaid provision vis-à-vis recovery of Government’s share in the Unearned Income, shall not be applicable to those cases where a condition is incorporated in the concerned Lease Agreement permitting transfer of Lease Agreement and where Leasehold Rights are obtained in Open Auction or the Leasehold Rights are taken on Premium. In such cases, the onus of establishing that the transfer was clearly permitted under the Lease Agreement shall rest upon the concerned Lease Holder.
(5) The aforesaid provisions shall be applicable until a Revised Policy for the breach of conditions in the State comes into force and once a Revised Policy comes into force steps shall be taken as per the provisions of that Policy.
[III] General Provisions concerning Nazul Lands:-
(1) These Orders shall be confined only to the Nazul lands in Nagpur and Amravati Divisions.
(2) All powers vis-à-vis such matters as the Renewal of Lease of Nazul lands, permitting transfers, permitting change of use, Regularising breach of conditions, granting permission for the mortgage of lands/buildings thereon with the financial institutions under the prevailing policy, shall vest in the concerned District Collectors in Amravati and Nagpur Revenue Divisions. Moreover, the concerned District Collectors shall have liberty to delegate these powers to the concerned Sub-Divisional Officers.
(3) While fixing the Premium, Transfer Fees and other ancillary matters pertaining to the Lease to be computed under the instant Government Resolution, the Rates for open lands applicable to the concerned property under the Ready Reckoner for the respective year should be taken into consideration, unless otherwise specified in this Government Resolution.
(4) The instant Government Resolution shall not be applicable to the leases in Vidarbha which have been let out as per the provisions of the Maharashtra Land Revenue Code, 1966. Moreover, these Orders shall not be applicable to the lands in Amravati and Nagpur Divisions which have been granted for agricultural purposes.
(5) In the matter of Nazul lands which have already been sanctioned for various purposes, from time to time, if the aforesaid provisions are found to be inconsistent with the provisions of original sanctioned order or the Lease Agreement executed in that regard, then the provisions of the instant Government Resolution shall not be applicable to such cases. However, in such cases, the concerned District Collectors would be required to conduct a case-wise enquiry and pass orders with elaborate reasoning, thereof.
(6) These orders shall not be applicable to the cases of temporary leases in Vidarbha. A Policy shall be separately declared in that regard. Until then, action should be taken by taking into consideration the Standing Orders governing the temporary leases issued by the Government, from time to time.
(7) If apart from the aforementioned cases, any other cases are brought to attention, then in broader public interest and having due regard to the vested interests of the Government, such cases should be submitted for sanction at the Government level.
(8) The above referred Government Resolution No:- Jamin-2499/Pra.Kra.125/J-8, Dt. 01.08.2014 and the Government Corrigendum Dt. 26.08.2014 which have already been issued in the matter of lease of Nazul, as well as Government lands in Vidarbha do hereby stand superseded. Furthermore, the Standing Orders already issued in case of certain districts of Vidarbha also stand superseded.
(9) The instant Government Resolution has been issued pursuant to the sanction of the Cabinet Dated 22.12.2011 and 28.10.2015 and the powers to issue such administrative instructions through the mode of Government Resolutions/Government Circular etc., as are not inconsistent with the original import of this Government Resolution, are conferred upon the Department of Revenue.
The instant Government Resolution has been issued pursuant to the concurrence expressed by the Department of Finance, vide its Informal Reference No:- ViViShikana/298, Dt. 11/12/2015.
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 201512231815015319. 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]
Principal Secretary (Revenue)
Department of Revenue and Forest
Copy:-
[1] The Secretary to the Hon’ble Governor, Raj Bhawan, Mumbai,
[2] The Private Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai-32,
[3] The Private Secretary to the Hon’ble Minister (Revenue), Mantralaya, Mumbai,
[4] The Private Secretary to the Hon’ble Minister of State (Revenue), Mantralaya, Mumbai-32,
[5] The SDO/Personal Assistant to the Additional Chief Secretary (Revenue), Mantralaya, Mumbai-32,
[6] The Personal Assistant to the Joint Secretary (Relief and Rehabilitation), Department of Revenue and Forest, Mantralaya, Mumbai-32,
[7] All Divisional Commissioners,
[8] The Settlement Commissioner and Director of Land Records, Maharashtra State, Pune,
[9] All District Collectors/Additional District Collectors,
[10] All Tahsildars,
[11] The Accountant General (Accounts & Entitlement/Audit), Maharashtra State (1), Mantralaya, Mumbai-32,
[12] The Accountant General (Accounts and Entitlement/Audit), Maharashtra State (2), Nagpur,
[13] Department of Urban Development, Mantralaya, Mumbai- 400 032,
[14] Department of Law and Judiciary, Mantralaya, Mumbai-400 032,
[15] Department of Finance, Mantralaya, Mumbai-400 032,
[16] The Legislature Library, Vidhan Bhawan, Mumbai-32,
[17] The Directorate of Information and Public Relations, Mantralaya, Mumbai-32,
[18] All Joint Secretaries/Deputy Secretaries/Under Secretaries, Department of Revenue and Forest, Mantralaya, Mumbai-32,
[19] Select File- Desk/J-8, Mantralaya, Mumbai- 32.
———————–
[Text Translated by Adv. Prakash Manohar Chalke
Copyright Reserved]©
@@@@@@@@@@