State Act

The Maharashtra Land Revenue Code, 1966

2[37A. Restrictions on sale, transfer, redevelopment, change of use, etc., in relation to Government land and nazul land.— (1) Every sale, transfer, redevelopment, use of additional Floor Space Index (FSI), transfer of Transferable Development Rights (TDR) or change of use of any Government land in Amravati and Nagpur Revenue Divisions including the Mumbai City and Revenue Divisions in the State, which is granted for various purposes under the provisions of this Code or rules made thereunder or any law relating to land revenue, before the commencement of this Code, including the nazul lands in Amravati and Nagpur Revenue Divisions shall be subject to 3[approval] of the State Government: 4[Provided that, if sale, transfer, redevelopment, use of additional Floor Space Index (FSI), transfer of Transferable Development Rights (TDR) or change of use of any Government land is approved by the Government by issuing Government Resolution or general or special order on payment of premium or Nazrana or charges and a share of unearned income before the date of commencement of the Maharashtra Land Revenue Code (Second Amendment) Act, 2012 (Mah. IV of 2015), then such approval shall be deemed to be validly made as per the provisions of this Code.] (2) The State Government shall, while granting such 5[approval] as required under sub-section (1), recover such premium or charge and share of unearned income subject to such terms and conditions as may be specified, by general or special order, issued by the Government, from time to time : Provided that, if the provisions of this section or of any such orders issued thereunder are inconsistent with the terms and conditions of the order of land grant or the lease deed executed prior to the commencement of the Maharashtra Land Revenue Code (Second Amendment) Act, 2012 (Mah. IV of 2015), the terms and conditions of such order of land grant or lease deed shall prevail : Provided further that, in case of the nazul lands in Amravati and Nagpur Revenue Divisions, the provisions of sub-section (1) shall not be applicable with retrospective effect. Explanation.— For the purpose of this section,— (a) “Government land” includes the Government land or part of such land or building erected on such land or part thereof or any right or any benefit arising out of or share in relation to such land or building or part of such land or building ; (b) “nazul land” means the type of Government land used for non-agricultural purpose such as building, road, market, playground or any other public purpose or the nazul land which has potential for such use in future including such lands granted on long or short term lease or on no compensation agreement.]