G.R. Dt. 18th February, 2019 – Department of Revenue and Forest – Sub- Permitting Change of Use of Government Lands for Non-Industrial Purposes in Maharashtra
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Permitting Use of Government Lands sanctioned for Industrial Purposes (excluding Nazul Lands) for any purpose other than such purpose
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- Jamin-2019/Pra.Kra.01/J-1, Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai- 400 032
Dated 18th February, 2019
Vide:-
[1] The Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971.
[2] Government Resolution No:- Jamin-01/2013/Pra.Kra.26/J-1, Dt. 15/04/2017.
[3] Government Resolution No:- Jamin-05/2013/Pra.Kra.141/J-1, Dt. 07/09/2017.
[4] Government Resolution No:- Sankirna-01/2017/Pra.Kra.11/A-2, Dt. 11/01/2018.
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Preface:-
Government lands have been granted/are granted by Occupancy Rights or Lease for industrial purpose under the provisions of the Maharashtra Land Revenue Code, 1966, the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 or subject to the Terms and Conditions, which were prescribed, earlier. In Mumbai City and Mumbai Suburban Districts several lands were granted for industrial purpose by lease even before the enactment of the said Code.
Section 37A of the Maharashtra Land Revenue Code, 1966 stipulates that prior sanction of the State Government is necessary before effecting change of use of the Government lands granted by the Government. Hence, charging Premium or fees while permitting change of use of the Government lands, so granted, is lawful.
In course of time. Several Government lands which were granted for industrial purpose after their utilisation by the concerned Unit for industrial purpose, came to be assimilated in urban areas at several places and due to urbanization, it is no longer possible to continue such industrial use or in some cases, other uses have been permitted on such lands under the Development Plans/Development Control Regulations. Very often, queries have been raised with the Government seeking sanction for the change of use of such lands consistent with their use under the Development Plan. However, as there was no specific Policy for permitting change of purpose of use of the sanctioned lands, so granted, by charging Premium or Fees, it was becoming difficult to sanction the proposals which were received for the change of use of Government lands, so granted. Against this backdrop, it had become imperative to frame a Policy for assimilating such lands in the development process. Hence, under the above referred Government Resolution at Reference No.2, bearing No. Jamin-01/2013/Pra.Kra.26/J-1, Dt.15/04/2017, a Policy was framed vis-à-vis grant of permission for the change of use of such lands for residential or commercial use in lieu of the industrial use, by charging Premium, therefor.
Moreover, in case of Government lands (excluding Nazul lands), which were granted for industrial purpose, a Policy was framed under the above referred Government Resolution at Serial No. 3, bearing No. Jamin-05/2017/Pra.Kra.141/J-1, Dt.07/09/2017, permitting change of use of such lands for educational or hospital or other charity related purpose in lieu of the industrial use, by charging Premium, therefor.
After the above referred Government Resolutions at Sr. Nos. 2 and 3, a Comprehensive Policy came to be framed under the Government Resolution at Sr. No. 4 above, for the sale/change of use of lands, which were acquired for the Industrial Units.
The Government has noticed the fact that difficulties are arising in the enforcement of action to be taken on the proposals seeking change of use/transfer of the Government lands which were granted or acquired for the Industrial Units under the above referred Government Resolutions at Sr. Nos. 2, 3 and 4 on account of non-parity of the Terms and Conditions governing change of use stipulated in the Policy. Some industrial Units are having lands which were granted after they were acquired for them by the Government for industrial purpose and due to disparity of the Terms and Conditions vis-à-vis eligibility for the change of use, when change of such lands for other purpose is proposed, difficulties arise in their actual enforcement. Hence, it has become imperative that the Policy for the change of use of lands which were granted by the Government and acquired for Industrial Units for industrial purpose should be consistent and as such, the Government, in supersession of the above referred Government Resolution No. Jamin-01/2013/Pra.Kra.26/J-1, Dt.15/04/2017 and Government Resolution No:- Jamin-05/2017/Pra.Kra.141/J-1, Dt. 07/09/2017 has resolved as hereunder, vis-à-vis grant of permission for the residential/commercial or educational or hospital or other charity related use of the Government lands which were granted to Industrial Units for industrial purpose.
Government Resolution:-
(1) The above referred Government Resolution No. Jamin-01/2013/Pra.Kra.26/J-1, Dt.15/04/2017, as well as Government Resolution No:- Jamin-05/2017/Pra.Kra.141/J-1, Dt. 07/09/2017 are hereby superseded.
(2) Pursuant to the provisions of Section 37A of the Maharashtra Land Revenue Code, following directions are hereby given for effecting change of use of the Government lands, which were granted for industrial purpose to Industrial Units, in favour of residential/commercial or educational or hospital or other charity related purpose.
2.1 Before permitting Industrial Units to effect change in the use of Government lands, which were granted to them for industrial purpose, it would be mandatory that the use of such land for original purpose should have actually commenced and a period of minimum 10 years should have concluded since the time of grant of land. Moreover, it would be necessary that the proposed non-industrial use of such lands should be permissible under the Regional Plan or Development Plan, as well as the provisions of the Development Control Regulations or other statutory/administrative provisions.
2.2 Before deliberating upon the Proposals seeking change of use of Government lands granted to Industrial Units for industrial purposes, District Collectors would be required to ascertain as to whether any requisitions for such lands have been received in the office of the District Collector from various Ministries/Departments of the Central or State Government or their subordinate Semi-Government Bodies. After such verification, if it so transpires that the concerned Government lands are required for public purposes, then in such cases, instead of permitting change of use, steps should be proposed at the level of the District Collector for the resumption of such Government lands to the Government.
2.3(a) While permitting change of use of Government lands granted by Occupancy Rights to Industrial Units for industrial purposes by recovering the full Market Value, thereof, in favour of residential/commercial purpose, such change of use should be permitted by recovering a Premium Amount equal to 25% of the price of such land for the relevant purpose under the prevailing Annual Statement of Rates. However, if the concerned Industrial Unit has carried out such change of user without permission, but no other breach of conditions are occasioned, then such change of use without permission should be regularised by recovering a Consolidated Premium Amount equal to 37.5% of the price of such land for the relevant purpose under the prevailing Annual Statement of Rates. Moreover, if there is breach of conditions of some other nature, apart from the change of use of such land, then in first instance, such other breach of conditions should be regularised under the prevailing provisions and only thereafter the change of use should be regularised, as described above.
(b) While permitting change of use of the Government lands granted by Occupancy Rights to Industrial Units for industrial purposes by recovering the full Market Value, thereof, in favour of educational or hospital or other charity related purpose, such change of use should be permitted by recovering a Premium Amount equal to 12.5% of the price of such land for the relevant purpose under the prevailing Annual Statement of Rates. However, if the concerned Industrial Unit has carried out such change of use without permission, but no other breach of conditions are occasioned, then such change of use without permission should be regularised by recovering a Consolidated Premium Amount equal to 25% of the price of such land for the relevant purpose under the prevailing Annual Statement of Rates. Furthermore, if there is breach of conditions of some other nature, apart from the change of use of such lands, then in the first instance, such other breach of conditions should be regularised under the prevailing provisions and only thereafter the change of use should be regularised, as described above.
2.4(a) While permitting change of use of Government lands granted by Occupancy Rights to Industrial Units for industrial purpose at concessional rate in favour of residential/commercial purpose Premium should be charged at the rate of 50% of the price of the concerned land for the relevant purpose under the prevailing Annual Statement of Rates. However, if the concerned Industrial Unit has carried out such change of use without permission and no other breach of conditions are occasioned, then such change of use without permission should be regularised by charging a Consolidated Premium Amount equal to 62.5% of the price of such land for the relevant purpose under the prevailing Annual Statement of Rates. Moreover, if there is breach of conditions of some other nature, apart from change of use of such land, then in the first instance, such other breach of conditions should be regualrised and only thereafter the change of use should be regualrised, as described above.
(b) While permitting change of use of the Government lands granted by Occupancy Rights to the Industrial Units for industrial purposes by the Government at concessional rate, in favour of educational or hospital or other charity related purpose, an amount equal to 25% of the price of the concerned land for the relevant purpose under the prevailing Annual Statement of Rates should be charged as the Premium. However, if the concerned Industrial unit has carried out such change of use, without permission and no other breach of conditions are occasioned, then such change of use, without permission, should be regularised by charging a Consolidated Premium Amount equal to 37.5% of the price of such land for the relevant purpose under the prevailing Annual Statement of Rates. Moreover, if there is breach of conditions of some other nature, apart from the change of use of such land, then in the first instance, such other breach of conditions should be regularised as per the prevailing provisions and only thereafter the change of use should be regualrised, as described above.
2.5(a) While permitting change of user purpose of the Government lands granted by lease to Industrial Units for industrial purpose in favour of residential/commercial purpose, such change of use should be permitted by recovering a Premium Amount equal to 25% of the price of such land for the relevant purpose under the prevailing Annual Statement of Rates and Ground Rent under the prevailing Policy, too, should be charged for such replaced purpose. However, if the concerned Industrial Unit has carried out such change without permission and no other breach of conditions is occasioned, then such change of use without permission should be regularised by recovering a Consolidated Premium Amount equal to 37.5% of the price of such land for the relevant purpose under the prevailing Annual Statement of Rates and Ground Rent for such replaced purpose, too, should be charged under the Prevailing Policy. Moreover, if there is breach of conditions of some other nature, then in the first instance, such other breach of conditions should be regularised as per the prevailing provisions and only thereafter the change of use should be regularised, as described above.
(b) While permitting change of user purpose of the Government lands granted by Lease to Industrial Units for industrial purpose in favour of educational or hospital or other charity related purpose, such change of use should be permitted by recovering a Premium equal to 12.5% of the price of the concerned land for the relevant purpose under the prevailing Annual Statement of Rates and Ground Rent, too, should be charged for the replaced purpose under the prevailing Policy. However, if the concerned Industrial Unit has carried out such change of use without permission and no other breach of conditions are occasioned, then such change of use without permission should be regularised by recovering a Consolidated Premium Amount equal to 25% of the price of such land for the relevant purpose under the prevailing Annual Statement of Rates and Ground Rent for the replaced purpose, too, should be charged under the prevailing Policy. Moreover, if there is breach of conditions of some other nature, apart from the change of use of such land, then in the first instance, such other breach of conditions should be regularised as per the prevailing provisions and only thereafter, the change of use should be regularised, as described above.
2.6 While permitting some other user in lieu of the original user or change of use, the other Terms and Conditions stipulated in the Original Order for the grant of Government lands shall continue to apply. Moreover, if such lands have been granted by Occupier Class-2 or Lease, then they shall continue under the same Tenure Rights.
2.7 If the Government lands granted for industrial purposes are to be put to mixed user, including education or hospital or some other charity related purpose, apart from residential/commercial purpose, then it would be necessary to charge Premium for such educational/hospital or other charity related purpose or residential/commercial use, at the rate prescribed in this Government Resolution in proportion to their total built-up area to be put up on the said plot, for such educational/hospital or other charity related purpose or residential/commercial user, respectively.
2.8 If any Premium is payable to the Government under the provisions of the prevailing Development Control Regulations for the change of use of lands granted to Industrial Units for industrial purpose or if such land is an exempted land under Section 20 of the Urban Land Ceiling on Holdings Act, which was formerly in force and some Premium is payable to the Government in the Department of Urban Development on account of such change of use under the prevailing Government Policy, then such sums should be adjusted from the amounts payable to the Department of Revenue pursuant to the Policy Directions, set out herein.
2.9 For the Proposals emanating from the Mumbai Metropolitan Region Development Authority area, seeking permission for the use of Government lands (excluding Nazul lands) for any purpose other than the specifically sanctioned purpose under the Policy prescribed herein, sanction of the Government will have to be obtained. Moreover, in the matter of proposals emanating from the remaining area excluding the Mumbai Metropolitan Region Development Authority Area, Divisional Commissioners shall have the powers to grant the sanction.
04. The said Policy shall not be applicable to the lands which are granted to Industrial units after their acquisition under the Land Acquisition Act. For this purpose, the policy framed under the Government Resolution at Reference No. 4 above is presently applicable.
05. This Government Resolution has been issued with concurrence of the Department of Finance, vide its Informal Reference No:- 488/Yyaya-9/2019, Dt. 5th January, 2019.
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 201902181116491819. 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, Stamp Duty and Registration)
Copy:-
[1] The Secretary to the Hon’ble Governor, Maharashtra State, Raj Bhawan, Malbar Hill, 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,
[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,
[6] The Additional Chief Secretary (Finance), Department of Finance, Mantralaya, Mumbai,
[7] The Additional Chief Secretary (Industries), Department of Industries, Energy and Labour, Mantralaya, Mumbai,
[8] The Principal Secretary, Department of Law & Judiciary, Mantralaya, Mumbai,
[9] The Principal Secretary, Department of Public Health, Mantralaya, Mumbai,
[10] The Principal Secretary, Department of School Education & Sports, Mantralaya, Mumbai,
[11] The Principal Secretary, Department of higher and Technical Education, Mantralaya, Mumbai,
[12] The Principal Secretary, Department of Medical Education and Drugs, Mantralaya, Mumbai,
[13] The Principal Secretary, Maharashtra Legislature Secretary, Mumbai,
[14] The Principal Secretary, (UD-1), Department of Urban Development, Mantralaya, Mumbai,
[15] The Principal Secretary, (UD-2), Department of Urban Development, Mantralaya, Mumbai,
[16] The Principal Secretary, (Forests and Land Acquisition) Department of Revenue and Forest, Mantralaya, Mumbai,
[17] The Personal Assistant to the Additional Chief Secretary (Revenue, Stamp Duty and Registration), Mantralaya, Mumbai,
[18] The Accountant General (Accounts & Entitlement), Maharashtra-1/2, Mumbai/Nagpur,
[19] The Accountant General (Audit), Maharashtra-1/2, Mumbai/Nagpur,
[20] The Settlement Commissioner and Director, land Records, Pune,
[21] The Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune,
[22] The Director General, the Directorate of Information and Public Relations, Mumbai,
[23] The Charity Commissioner, Charity Commissioner, Maharashtra State, Mumbai,
[24] All Divisional Commissioners,
[25] All District Collectors,
[26] The Pay & Accounts Officer, Mumbai,
[27] The Resident Accounts Officer, Mumbai,
[28] All Joint Secretaries/Deputy Secretaries, Department of Revenue and Forest, Mantralaya, Mumbai,
[29] All Mantralaya Departments, Mantralaya, Mumbai,
[30] All Desks in “J” Group, Department of Revenue and Forest, Mantralaya, Mumbai,
[31] Select File (Desk-J-1).
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[Text Translated by Adv. Prakash Manohar Chalke
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