[16th
March 2024] In exercise of the powers
conferred by sections 29A and 328 of the Maharashtra Land Revenue Code, 1966
(Mah. XLI of 1966) and of all other powers enabling it in that behalf, the
Government of Maharashtra, hereby makes the following rules to amend the
Maharashtra Land Revenue (Conversion of Occupancy Class-II and Leasehold lands
into Occupancy Class-I lands) Rules, 2019. (1)
These rules may be called the Maharashtra
Land Revenue (Conversion of Occupancy Class-II and Leasehold lands into
Occupancy Class-I lands Self-redevelopment Amnesty Scheme) (Second Amendment)
Rules, 2024. (2)
These Rules shall apply to lands granted for
residential purpose to Co-operative Housing Society on occupancy class-II or
leasehold rights. (1)
In these Rules, unless the context otherwise
requires,- (i)
"Act" means the Maharashtra Land
Revenue Code, 1966 (Mah. XLI of 1966) ; (ii)
"Co-operative Housing Society"
means any residential society registered under Maharashtra Co-operative Housing
Society Act, 1960. (iii)
"Annual Statement of Rates" means
the Annual Statement of Rates published under the provisions of the Maharashtra
Stamp (Determination of True Market Value of Property) Rules, 1995 framed under
the Maharashtra Stamp Act (LX of 1958) and where such Annual Statement of Rates
is not prepared or available, it means the rate of such land as determined by
the Assistant Director of the Town Planning Department of the concerned
District ; (iv)
"Regional plan" means the Regional
plan prepared under the Maharashtra Regional and Town Planning Act, 1966 (Mah.
XXXVII of 1966) ; (v)
"section" means the section of the
Act ; (vi)
"initiating process of
self-redevelopment" means obtaining Intimation of Disapproval from
respective planning authority ; (vii)
"Planning Authority" means any
Planning Authority in the ULB competent to approve/ sanction plans. (2)
Words and expressions used but not defined
hereinabove shall have the same meanings as are assigned to them respectively
in the Act. (1)
The Co-operative Housing Society holding a
land granted on Occupancy Class-II or leasehold basis may make an application
to the concerned District Collector for conversion of Occupancy Class-II land
or leasehold land into Occupancy Class-I land as per the provisions of these
Rules. (2)
Upon receipt of any application under sub
rule (1), the Collector shall verify the particulars of the concerned land and
whether there is any violation or breach of any of the terms or conditions of
grant of such land. (3)
Upon such verification, if it is noticed that
there is violation of any of the terms or conditions of grant of such land
which has not been regularized, then the Collector may reject the application,
by an Order, after recording the reasons therefor. (4)
Upon such verification, if it is noticed that
there is no violation of any of the terms or conditions of grant of such land,
or such violation, if any, has been regularized by the authority competent to
do so, then the Collector shall by an Order, convert the Occupancy Class-II
land or leasehold land into Occupancy Class-I land on payment of conversion
premium as specified in the Table below:--- TABLE (A)
Conversion premium payable for conversion of
Occupancy Class-II or leasehold lands granted to Co-operative Housing Society. Sr. No. Type of Society Premium to be
charged up to commencing from the date of publication of rules in Official
Gazette. 1 Co-operative
Housing Society opting for self redevelopment. Five percent of
value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates. 2 Co-operative
Housing Society not opting for self redevelopment. Ten percent of
value of such land calculated as per rate of such land specified in the
current Annual Statement of Rates. (1)
Provided that above rates of premium shall be
applicable for the applications received upto 30th September 2024 only.
Afterwards, the premium shall be applicable as per the provisions in the
notifications dated 8th March, 2019 and dated 27th March, 2023. (2)
Provided that other terms and conditions
stated in notifications dated 8th March 2019 and dated 27th March 2023 shall
apply in addition to above provisions. (3)
In case of redevelopment of land provided on
lease / occupancy rights to Co-operative Housing Societies, if additional FSI
area is available excluding the original FSI area of the building, 25% of
available additional FSI area, shall be made available by the housing society
for the beneficiaries under Pradhan Mantri Awas Yojana at Government rates. (4)
Provided that, if the Co-operative Housing
Society fails to comply with the provision stated in 3 above, the premium
amount paid by the society shall be forfeited and the land shall be restored
back to class-II tenure. (5)
Provided further that, the Co-operative
Housing Society opting for Self redevelopment will have to initiate the process
of Self redevelopment within a period of two years from the date of order of
converting to class-I. (6)
Provided further that, in case the
Co-operative Housing Society fails to initiate Self redevelopment process as
defined in proviso 5 stated above the State Government shall be competent to
grant a further extension of two years. (7)
Provided further that, in case Co-operative
Housing Society fails to initiate redevelopment process as stated in proviso 6
above or in case there is breach of any other conditions stated herein, the
premium amount paid by the society shall be forfeited and the subject land of
Co-operative Housing Society shall be restored to class-II tenure.Maharashtra Land Revenue (Conversion Of
Occupancy Class-Ii And Leasehold Lands Into Occupancy Class-I Lands
Self-Redevelopment Amnesty Scheme) (Second Amendment) Rules, 2024