G.R. Dt. 27th December, 2018 – Department of Revenue and Forest – Sub- Nazrana to be charged while acquiring Watan and Inam Lands for Government Projects in Maharashtra
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Regarding Nazrana to be charged while acquiring Inam/Watan lands (excluding Mahar Watan lands) and Inam lands by way of Land Acquisition/Negotiations for Government Projects/Schemes and for Government Undertakings
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- Jamin-2015/Pr.Kra.87/J-1A
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai-400 032
Dated:- 27th December, 2018
Vide:-
1] Government Resolution in the Department of Revenue and Forest, bearing No:-LQN-4767 HI, Dt. 02.04.1973.
2] Government Circular in the Department of Revenue and Forest, bearing No: WTN-1099/ra.Kra.229/L-4, Dt. 10.03.2000.
3] Government Resolution in the Department of Revenue and Forest, bearing No:- Jamin-2015/Pra.Kra.87/J-1A, Dt. 11.01.2017.
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Preface:-
Under “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”, private lands are acquired, from time to time, as per the requirements, for the projects and schemes of the Government or the Government Undertakings, either by way of compulsion or by private negotiations. During the course of land acquisition process, very often it becomes imperative to acquire the lands granted by the Government or the Occupant Class-2/controlled tenure type/new and unalienated tenure lands which had accrued to parties under various land improvement laws. While effecting transfer in other manner of the lands which were granted by the Government or which had accrued as per the provisions of various land improvement laws, unearned income/Nazrana/Premium is levied thereon as per the provisions of the relevant Act/Rules. However, when the Government takes over such lands under the Land Acquisition Act, the concerned land owner does not have the liberty to transfer such lands to any person other than the Government. Moreover, as such lands permanently vest in the Government upon conclusion of lands permanently vest in the Government upon conclusion of the land acquisition proceedings, it would not be fair and just to charge in such cases, unearned income/Nazrana along the lines of ordinary transactions of land transfer; hence, after deliberation the Government has laid down a Comprehensive Policy for the levy of such amount, vide Government Resolution at Reference No. 1 above, bearing No.LQN-4767 HI, Dt. 02.04.1973.
In respect of inferior watan lands, the provisions of “Bombay Inferior Village Watans Abolition Act, 1958” apply. Moreover, for Mahar watan lands, the provisions of the ‘Bombay Inferior Village Watans Abolition Act, 1958” become applicable. Section 5 of the said Act was amended by Maharashtra Act No. 21 of 2002, by virtue of which, excluding Mahar watan lands, all other types of watan lads were made transferable. In respect of Nazrana to be charged while acquiring Mahar watan lands for the Government Projects/Schemes and for Government Undertakings by way of land acquisition/negotiations, a Policy was prescribed under Government Resolution No. Jamin-2015/Pra.Kra.87/J-1A, Dated 11th January, 2017.
However, as there is no such Policy in respect of other watans under the “Bombay Inferior Village Watans Abolition Act, 1958” and in respect of watans and inam lands under the below mentioned Acts, difficulties are arising while allotting land acquisition compensation under these Acts; hence, it has become necessary to frame a Policy along the lines of Mahar watan lands.
(1) The Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950;
(2) The Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955;
(3) The Bombay Service Inams (Useful to Community) Abolition Act, 1953;
(4) The Maharashtra Revenue Patels (Abolition of Office) Act, 1962.
In view of the aforesaid factual scenario, the Government contemplated the matter of giving comprehensive instructions to the Field Revenue Officers and Authorities, as to the exact amount to be deposited with the Government on account of Nazrana from the amount of compensation while acquiring watan and inam lands (excluding Mahar watan lands) under the aforementioned Acts, by resorting to acquisition under various Lands Acquisition Acts (e.g. Land Acquisition Act, Maharashtra Housing and Area Development Act, 1976, Maharashtra Industrial Development Corporation Act, 1961, Maharashtra Regional and Town Planning Act, 1966 etc.).
Government Resolution:-
In this State, (1) Bombay Inferior Village Watans Abolition Act, 1958; (2) The Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950; (3) The Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955; (4) The Bombay Service Inams (Useful to Community) Abolition Act, 1953; (5) The Maharashtra Revenue Patels (Abolition of Office) Act, 1962 apply to watan and inam lands. In furtherance thereof, in the exercise of the powers conferred upon the Government under the provisions of these Acts, following directions are hereby issued vis-à-vis the Nazrana to be charged while acquiring from time to time, the inam/watan lands (excluding) Mahar watan lands included in these Acts, by compulsion/under various statutes, as well as by private negotiations or while sanctioning transfer of such lands with prior permission of the Competent Authority in cases other than acquisition of lands from the concerned farmers:-
(1) In ordinary circumstances, for the transfer of inferior watan lands (excluding Mahar watan lands) for agricultural/non-agricultural purpose, steps should be taken for the levy and recovery of Nazrana as per the comprehensive instructions contained in the Government Resolution in the Department of Revenue and Forest, bearing No:- WTN-1099/Pra.Kra.229/L-4, Dt.10.03.2000 and the amended provisions of the Maharashtra Act No. 21 of 2002.
(2)(a) Where watan/inam lands (excluding Mahar watan Lands) are acquired for Government Projects/Schemes and for Government Undertakings, by way of compulsion under the Land Acquisition Act or under any other Land Acquisition Act or under any other Land Acquisition related Law or by way of private negotiations, then in such cases, an amount equal to 10% of the compensation for such land fixed by the Land Acquisition Officer should be recovered as Nazrana.
(b) Where lands reserved in the sanctioned Development Plans of Municipal Corporations/Municipal Councils are being acquired for the public purpose denoted by the respective reservation, then in such cases, at the request of the concerned land holder the compensation on account of acquisition of land shall be paid in the form of Transferable Development Rights/Floor Space Index. The request for sanctioning land acquisition compensation in the form of Transferable Development Rights/Floor Space Index and the grant of sanction will have to be accorded before declaration of Award by the concerned Planning Authority. Once the Award is declared such request cannot be made and land acquisition compensation cannot be granted in the form of Transferable Development Right/Floor Space Index.
Where compensation for watan/inam lands (excluding Mahar watan lands) and for other Occupant Class-2 Tenure lands is to be paid in the form of Transferable Development Rights (TDR)/Floor Space Index, then in such cases, before sanctioning order for Transferable Development Rights/Floor Space Index the concerned Planning Authority will be required to obtain No-Objection Certificate from the concerned District Collector. While granting such No-Objection Certificate, the concerned District Collector should recover an amount equal to 10% of the prevailing Market Value of the concerned land on account of Nazrana. Thereafter, a No-Objection Certificate shall be granted to the concerned Applicant by the District Collector. Moreover, on the basis of such No-Objection Certificate , the concerned Planning Authority may sanction in such cases, 100% Transferable Development Rights/Floor Space Index.
(c) Except as stipulated in the aforesaid clause (b), for an Extra-Development Plan acquired land or for the land acquired in rural areas for a public purpose, the land acquisition compensation cannot be paid in the form of Transferable Development Rights/Floor Space Index.
02. This Government Resolution has been issued with the concurrence of the Department of Finance, vide its Informal Reference No.434/Vyaya-9, Dt. 29.11.2018.
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 201812271429418219. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
Rajendra Kshirsagar — Digital Signature
[Rajendra Kshirsagar]
Joint Secretary, Government of Maharashtra
Copy:-
1] The Secretary to the Hon’ble Governor, Maharashtra State, Raj Bhawan, Malbar Hill, Mumbai,
2] The Principal 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, Maharashtra State, Mantralaya, Mumbai,
6] The Hon’ble Additional Chief Secretary (Finance), Department of Finance, Mantralaya, Mumbai,
7] The Personal Assistant to the Additional Chief Secretary (Revenue), Department of Revenue and Forest,
8] The Accountant General (Accounts & Entitlement), Maharashtra-1/2, Mumbai/Nagpur,
9] The Accountant General (Audit), Maharashtra-1/2, Mumbai/Nagpur,
10] The Principal Secretary, Department of Law & Judiciary, Mantralaya, Mumbai,
11] The Principal Secretary (UD-1), Department of Urban Development, Mantralaya, Mumbai,
12] The Principal Secretary (Forests), Department of Revenue, Mantralaya, Mumbai,
13] The Principal Secretary, Maharashtra Legislature Secretariat, Mumbai,
14] The Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai,
15] The Settlement Commissioner and the Director of Land Records, Pune,
16] The Inspector General of Registration, Department of Stamps, Pune,
17] The Director General, the Directorate of Information and Public Relations, Mumbai,
18] All Divisional Commissioners,
19] All Municipal Commissioners,
20] The Director, Town Planning, Maharashtra State, Pune,
21] All District Collectors,
22] All Sub-Divisional Officers/All Tahsildars,
23] All Special Planning Authorities,
24] All Regional Development Authorities,
25] All Chief Officers, Municipal Councils/Municipalities,
26] All Joint Secretaries/Deputy Secretaries, Department of Revenue and Forest, Mantralaya, Mumbai,
27] The Joint Secretary (A-2), Department of Revenue and Forest, Mantralaya, Mumbai,
28] All Desks in “J” Group, Department of Revenue and Forest, Mantralaya, Mumbai,
29] Select File (Desk J-1A).
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[Text Translated, Verified and Typed by
Adv. Prakash Manohar Chalke]©
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