Govt. Circular Dt. 7th January, 2020 – Revenue and Forest– Sub- Collector’s permission not necessary for letting out flats in Societies standing on Government lands on Leave and License in Maharashtra
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Issuing Clarificatory Directions to the Field Revenue Officers and Authorities vis-à-vis the Flats in Co-operative Housing Societies standing on Government lands granted by the Government while letting them out on Leave and License Basis
Government of Maharashtra
Department of Revenue and Forest
Government Circular No:- Jamin-2019/Pra.Kra.40/J-1
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai-400 032
Dated 7th January, 2020
Reference:- 1. Section 37A of the Maharashtra Land Revenue Code, 1966.
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Preface:-
Under the provisions of the Maharashtra Land Revenue Code, 1966, the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971 framed thereunder, as well as the Government Resolutions, issued from time to time, Government lands have been granted to co-operative housing societies in the State for residential purpose.
In case of flats in co-operative housing societies standing on such Government lands let out under Leave and License Agreements, the Government contemplated the matter of issuing clarificatory directions in the nature of Guidelines to the Field Revenue Officers and Authorities vis-à-vis the License Fees to be charged and prior permission of the District Collector to be obtained in the matter.
Government Resolution:-
Against the aforesaid backdrop and in the exercise of the powers conferred under the Maharashtra Land Revenue Code, 1966 and the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971, following clarificatory directions are hereby issued to the Field Revenue Authorities and Officers vis-à-vis the License Fees to be charged and prior permission of the District Collector to be obtained while letting out flats in co-operative housing societies standing on Government lands under Leave & License Agreements.
(a) A close look at the provisions of Section 37A of the Maharashtra Land Revenue Code, 1966, reveals that it provides for the prior permission of the State Government vis-à-vis such matters as sale, transfer, redevelopment, change of user, transfer of Development Rights, use of surplus Floor Space Index etc., but does not include the matter of Leave and License. Furthermore, letting out flats in co-operative housing societies under Leave and License Agreement does not give rise to the transfer of ownership of the concerned flat, as well as the Lease, thereof. Under such Leave and license Agreement only Permissive Right of Use of the concerned flat is assigned to the concerned person. Hence, while letting out flats in co-operative housing societies standing on Government lands on Leave and License basis, prior permission of the District Collector is not necessary, nor is it necessary to apprise him in that regard. Moreover, it is not necessary to either charge or recover any”License Fees”, in that regard.
(b) Prompt action should be taken pursuant to these directions.
02. This Government Resolution has been issued with the concurrence of the Department of Law and Judiciary and the concurrence of the Department of Finance, vide its Informal Reference No. 430/2019/Vyay-9, Dt.04/12/2019.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Computer Code Number is 202001071646129719. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
RAMESH SHIVAJI CHAVAN – Digital Signature
[Ramesh Chavan]
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 Personal Assistant to the Additional Chief Secretary (Revenue), Department of Revenue and Forest,
[7] The Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune,
[8] The Settlement Commissioner and Director of Land Records, Pune,
[9] The Principal Secretary, Maharashtra Legislature Secretariat, Mumbai,
[10] The Director General, the Directorate of Information and Public Relations, Mantralaya, Mumbai,
[11] All Divisional Commissioners/All District Collectors,
[12] The Accountant General (Accounts & Entitlement), Maharashtra-1/2, Mumbai/Nagpur,
[13] The Accountant General (Audit), Maharashtra -1/2, Mumbai/Nagpur,
[14] The Pay & Accounts Officer, Mumbai,
[15] The Resident Accounts Officer,
[16] All Administrative Departments, Mantralaya, Mumbai,
[17] All Joint Secretaries/Deputy Secretaries in the Department of Revenue and Forest, Mantralaya, Mumbai,
[18] All “J” Group Desks in the Department of Revenue and Forest, Mantralaya, Mumbai,
[19] Select File (Desk-J-1).
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[Text Translated by Adv. Prakash Manohar Chalke
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