The Maharashtra Land Revenue Code, 1966
(1) This Act may be called the Maharashtra Land
Revenue Code, 1966.
(2) This Code extends to the whole of the State of Maharashtra; but the provisions of Chapters III
(except the provisions relating to encroachment on land), IV, V, VI, VII, VIII, IX, X, XI, XII (except section
242) and XVI (except sections 327, 329, 330, 1[330A], 335, 336 and 337) shall not apply to the City of
Bombay.
(3) It shall come into force in the whole of the State of Maharashtra on such date 2as the State
Government may, by notification in the Official Gazette, appoint and different dates may be appointed for
different provisions.
In this Code, unless the context otherwise requires,-
(1) "agricultural year" means the year commencing on such date as the State Government may, by
notification in the Official Gazette, appoint ;
(2) "alienated" means transferred in so far as the rights of the State Government to payment of
rent or land revenue are concerned, wholly or partially, to the ownership of any person ;
(3) "boundary mark" means any erection, whether of earth, stone or other material, and also any
hedge, unploughed ridge, or strip of ground, or other object whether natural or artificial, set up,
employed, or specified by a survey officer or revenue office
(1) The State Government may, by notification in the Official
Gazette, specify-
(i) the districts 1[(including the City of Bombay)] which constitute a division ;
(ii) the sub-divisions which constitute a district ;
(iii) the talukas which constitute a sub-division ;
(iv) the villages which constitute a taluka ;
(v) the local area which constitutes a village ; and
The chief controlling authority in all matters
connected with the land revenue in his division shall vest in the Commissioner, subject to the
superintendence, direction and control of the State Government.
The State Government shall appoint a Commissioner of each
division ; and may appoint in a division an Additional Commissioner and so many Assistant Commissioners
as may be expedient, to assist the Commissioner :
Provided that, nothing in this section shall preclude the appointment of the same officer as
Commissioner for two or more divisions.
(1) The State Government shall appoint a Collector 1[for each
district (including the City of Bombay)] who shall be in charge of the revenue administration thereof ; and a
Tahsildar for each taluka who shall be the chief officer entrusted with the local revenue administration of a
taluka.
(2) The State Government may appoint one or more Additional Collectors 2[and in each district
(including the City of Bombay)] and so many Assistant Collectors and Deputy Collectors (with such
designations such as "First", "Second", "Supernumerary", etc. Assistants as may be expressed in the
order of their appointment), one or more Naib-Tahsildars in a taluka, and one or more Additional
Tahsildars or Naib-Tahsildars therein and such other persons (having such designations) to assist the
revenue officers as it may deem expedient.
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For the purposes of Chapters V, VI, VIII, IX and X the State Government may
appoint such officers as may from time to time appear necessary. Such officers may be designated
"Settlement Commissioner", "Director of Land Records", "Deputy Director of Land Records",
"Superintendents of Land Records", "Settlement Officers", "District Inspectors of Land Records" and
"Survey Tahsildars", or otherwise as may seem requisite.
It shall be lawful for the State Government to appoint one and the same
person, being otherwise competent according to law, to any two or more of the offices provided for in this
Chapter or to confer upon an officer of one denomination all or any of the powers or duties of any other
officer or officers within certain local limits or otherwise, as may seem expedient.
1[9A. Delegation of powers.- The State Government may, by order in the Official Gazette, direct
that the powers of the State Government to make appointments under section 7, section 8 or section 9 in
respect of such revenue or survey Officers and subject to such conditions, if any, may be exercisable also by
such Officer not below the rank of the Collector, or as the case may be, Superintendent of Land Records, as
may be specified in the direction.]
If a Collector or Tahsildar is disabled from performing his duties or for
any reason vacates his office or leaves his jurisdiction or dies-
(a) the Additional Collector, and if there be no Additional Collector, the Assistant or Deputy
Collector of the highest rank in the district,
(b) the Additional Tahsildar, and if there be no Additional Tahsildar, the Naib-Tahsildar or the
senior most subordinate Revenue Officer in the taluka,
shall, unless other provision has been made by the State Government, succeed temporarily to the office of
the Collector, or as the case may be, of the Tahsildar and shall be held to be the Collector or Tahsildar under this Code, until the Collector, or Tahsildar resumes charge of his district or taluka, or until suc
(1) All revenue officers shall be subordinate to the State
Government.
(2) Unless the State Government directs otherwise, all revenue officers in a division shall be
subordinate to the Commissioner, and all revenue officers 1[in a district (including the City of Bombay)]
shall be subordinate to the Collector.
(3) Unless the State Government directs otherwise, all other revenue officers including survey officers
shall be subordinated, the one to the other, in such order as the State Government may direct.
1[The appointment of all officers of and above the rank of
Tahsildar, or as the case may be, District Inspector of Land Records made under sections 6, 7, 8 and 9 shall
be duly notified ;] but the appointment shall take effect from the date on which an officer assumes charge of
his office.
(1) The revenue officers of and above the rank of a
Tahsildar (not being an Additional Commissioner, Assistant Commissioner, Additional Collector or
Additional Tahsildar), shall exercise the powers and discharge the duties and functions conferred and
imposed on them respectively under this Code or under any law for the time being in force, and so far as is
consistent therewith, all such other powers, duties and functions of appeal, superintendence and control
within their respective jurisdiction ; and over the officers subordinate to them as may from time to time be
prescribed by the State Government :
Provided that, the Collector may also exercise throughout his district all the powers and discharge all
the duties and functions conferred or imposed on an Assistant or Deputy Collector under this Code or under
any law for the time being in force and a Tahsildar shall also exercise su
(1) Subject to the orders of the
State Government, the survey officers are vested with the cognisance of all matters connected with the
survey, settlement and record of rights and shall exercise all such powers and perform all such duties as
may be provided by this Code or any law for the time being in force :
Provided that, a Deputy Director of Land Records shall exercise such powers and discharge such duties
and functions, as are exercised or discharged by the Director of Land Records under this Code or under any
law for the time being in force in such cases or classes of cases, as the State Government or Director of Land
Records may direct.
(2) The Circle Officer and the Circle Inspector in charge of a circle shall exercise such powers over the
Talathi in his circle and perform such duties and functions as m
The
State Government may confer on any person possessing the prescribed qualifications, the powers conferred
by this Code on an Assistant or Deputy Collector or Tahsildar.
The State Government shall from time to time by notification in the Official Gazette
prescribe what revenue officers shall use a seal; and what size and description of seal shall be used by each
of such officers.
(1) The Collector of his own motion if the officer or other
person is or was serving in his department and district, and upon the application of the Superintendent of
Land Records if such officer or person is or was serving in the survey department in his district, may also
take proceedings to recover any public moneys due by him in the same manner and subject to the same
rules as are laid down in this Code for the recovery of arrears of land revenue from defaulters and for the
purposes of recovering public papers or other property of the Government may issue a search warrant and
exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the
provisions of Chapter VII of the 1Code of Criminal Procedure, 1898.
(2) It shall be the duty of all persons in possession of such public moneys, papers or other property of
the Government t
If an officer or
other person referred to in section 17 against whom a demand is made shall give sufficient security in the
form in Schedule B, the Collector shall cause such officer or person if in custody to be liberated and
countermand the sale of any property that may have been attached and restore it to the owner.
(1) All
public roads, lanes and paths, the bridges, ditches, dikes and fences, on, or beside, the same, the bed of the
sea and of harbours and creeks below the high watermark, and of rivers, streams, nallas, lakes and tanks
and all canals and watercourses, and all standing and flowing water, and all lands wherever situated, which
are not the property of persons legally capable of holding property, and except in so far as any rights of such
persons may be established, in or over the same, and except as may be otherwise provided in any law for the
time being in force, are and are hereby declared to be, with all rights in or over the same, or appertaining
thereto, the property of the State Government and it shall be lawful for the Collector, subject to the orders of
the Commissioner, to dispose of them in such manner as may be prescribed by the State Government in this
behalf, subject always to the rights of way, and all other rights of the pu
(1) Whenever it appears to the Collector that any public road, lane or path which is the
property of the State Government or part thereof (hereinafter in this section referred to as the Government
road), is not required for the use of the public, the Collector may, by notification published in the Official
Gazette, make a declaration to that effect and state in such declaration that it is proposed that the rights of
the public in or over such Government road (of which the situation and limits as far as practicable are
specified) shall subject to the existing private rights, if any, be extinguished.
(2) On the publication of such notification, the Collector shall, as soon as possible, cause public notice of
such declaration to be given at convenient places on, or in the vicinity of, such Government road, and shall
invite objections to the proposal aforesaid.
Subject to the general orders of the State Government, it shall be
lawful for a survey officer during the course of survey operations under this Code, and at any other time for
the Collector, to set apart unoccupied lands (not in the lawful occupations of any person), in villages or parts
thereof for forest or fuel reserve, for free pasturage of village cattle or for grass or fodder reserve, for burial
or cremation ground, for gaothan, for camping ground, for threshing floor, for bazaar, for skinning ground,
for public purposes such as roads, lanes, parks, drains or for any other public purpose ; and the lands
assigned shall not be otherwise used without the sanction of the Collector and in the disposal of lands under
section 20 due regard shall be had to all such special assignments.
1[22A. Prohibition on diversion of use of Gairan Land.- (1) The land set apart by the Collector
for free pasturage of village cattle (hereinafter referred to as "the Gairan Land") shall not be diverted,
granted or leased for any other use, except in the circumstances provided in sub-sections (2) or (3), as the
case may be.
(2) The Gairan land may be diverted, granted or leased for a public purpose or public project of the
Central Government or the State Government or any statutory authority or any public authority or
undertaking under the Central Government or the State Government (hereinafter in this section referred to
as "Public Authority"), if no other suitable piece of Government land is available for such public purpose or
public project.
(3) The Gairan land may be diverted
Any
person who unauthorizedly removes from any land which is set apart for a special purpose or from any land
which is the property of Government, any natural product (not being trees) shall be liable to the
Government for the value thereof, and in addition, to a fine not exceeding five times the value, of the natural product so removed. Such value and fine shall be recoverable from him as an arrear of land
revenue.
(1) With effect from the commencement of this Code, the right to all
trees standing or growing on any occupied land shall vest in the holder thereof but if the State Government
is of opinion that it is necessary to prohibit or regulate the cutting of certain trees for preventing erosion of
soil, it may by rules prohibit or regulate the cutting of such trees.
(2) Nothing in sub-section (1) shall affect in any area any right in trees in the holding of an occupant in
favour of any person existing on the 1st day of October 1955, but the occupant may apply to the Collector to
fix the value of such right and purchase the right through the Collector in such manner as may be
prescribed.
(3) Any sale or agreement for sale of trees made by any person before the commencement of this Code
in anticipation of the vest
The right to all trees, brushwood, jungle or other
natural product growing on land set apart for forest reserves under section 22, and to all trees, brushwood,
jungle or other natural product, wherever growing, except in so far as the same may be the property of
persons capable of holding property, vests in the State Government and such trees, brushwood, jungle or
other natural product shall be preserved or disposed of in such manner as the State Government may from
time to time prescribe by rules made in this behalf.
Any person who shall
unauthorizedly fell and appropriate any tree or any portion thereof which is the property of the Government
shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of
land revenue, in addition to any penalty to which he may be liable under the provisions of this Code for the
occupation of the land or otherwise and notwithstanding any criminal proceedings which may be instituted
against him in respect of his said appropriation of Government property.
(1) Where trees are standing in any waste
land outside any reserved forest, the villagers in general may take firewood, and agriculturists such wood as
may be required for agricultural implements, without payment of any tax but subject to rules made by the
State Government.
(2) In lands which have been set apart under section 22 for forest reserves subject to the privileges of
the villagers or of certain classes of persons to cut firewood or timber for domestic or other purposes, and in
all other cases in which such privileges exist in respect of any alienated land, the exercise of the said
privileges shall be regulated by rules made by the State Government in this behalf. In case of dispute as to
the mode or time of exercising any such privileges, the decision of the Collector shall, subject to one appeal
only in accordance with the provisions of this Code, be final.
Section 85 of the Maharashtra Land Revenue Code, 1966 (hereinafter "the Code") deals with the partition of agricultural holdings. It serves as a crucial provision bridging the jurisdiction of Civil Courts and Revenue Authorities in matters of land partition. The section primarily empowers the Collector to carry out the actual partition of agricultural land following a decree passed by a Civil Court, or upon application by a co-holder. This provision must be read in conjunction with Section 54 of the Code of Civil Procedure, 1908, and the Maharashtra Land Revenue (Partition of Holdings) Rules, 1967.
Section 85 of the Maharashtra Land Revenue Code, 1966, provides for the partition of holdings. Sub-section (1) states that a holding may be partitioned on the decree of a Civil Court or an application of co-holders. Sub-section (2) allows any co-holder to apply to the Collector for partition of his share, subject to the proviso that where a question of title is raised, the matter must be decided by the Civil Court. Sub-section (3) mandates that the Collector, after hearing the co-holders, may divide the holding and apportion the assessment in accordance with the rules made by the State Government.
The scope of Section 85 encompasses:
Section 85 itself does not prescribe any punishment. It is a procedural section dealing with partition of holdings. Penalties for violations under the Code are generally provided under other sections dealing with encroachment, unauthorized occupation, or revenue offenses. However, disobedience of orders passed under this section may be subject to general penal provisions under the Code or other applicable laws.
Collector's exclusive jurisdiction - The actual partition of agricultural lands must be carried out only by the Collector under Section 54 of CPC read with Section 85 of the Code. The Civil Court's role is limited to determining shares, while execution is the Collector's responsibility. [Chandmal Dongarmal Shelot & another VS Shantilal Valchand Shelot & others - 2003 0 Supreme(Bom) 693]
Partition as complex process - Partition is a complex affair and materializing partition according to a decree passed by a Civil Court is not a mere formality. For equitable carving of shares, the procedure prescribed by the Maharashtra Land Records (Partition of Holdings) Rules, 1967 (Rules 5 to 9) must be followed, ensuring productivity of area is allotted proportionately. [Somnath s/o. Punja Bargal VS Hon'ble Minister, Revenue Department, Maharashtra State - 2009 0 Supreme(Bom) 1567]
Appeal maintainability - An appeal against an order passed under Section 54 of CPC read with Section 85 of the Code lies before the Additional Commissioner. The High Court has held that such appeals are maintainable in view of Division Bench judgments. [Mahadu Narayan Pawar VS Additional Commissioner, Nasik Division, Nasik - 2007 0 Supreme(Bom) 1261]
Final decree requirement - A final decree must be drawn before partition can be executed. The Tahsildar's action of partitioning land based solely on a preliminary decree, without granting a hearing, violates principles of natural justice and is illegal. [Sadashiv VS State of Maharashtra - 2024 0 Supreme(Bom) 1082]
Right to be heard - Parties must be given an opportunity to present their objections before the partition is finalized, as mandated by law. The Collector is required to hear co-holders before dividing the holding and apportioning assessment. [Sadashiv VS State of Maharashtra - 2024 0 Supreme(Bom) 1082]
Adjudication of shares of deceased - Claims in respect of the share of a deceased co-holder must be adjudicated by the Civil Court which passed the preliminary decree. The Collector or authority executing a preliminary decree under Section 54 of CPC and Section 85 of the Code is not competent for such adjudication. [Kusum Dashrath Kharmare VS Popat Madhav Gangarde - 2007 0 Supreme(Bom) 1218]
Multiple preliminary decrees - There is no prohibition in the CPC for passing more than one preliminary decree if circumstances justify, particularly in partition suits. Subsequent events like death of a party may necessitate a change in shares, and the Civil Court can and should do so if there is a dispute. [Kusum Dashrath Kharmare VS Popat Madhav Gangarde - 2007 0 Supreme(Bom) 1218]
Collector's limited powers - The Collector executing a preliminary decree cannot adjudicate disputed claims regarding shares of deceased persons. The Collector must seek guidance or refer the precept to the Civil Court for resolution of such disputes. [Kusum Dashrath Kharmare VS Popat Madhav Gangarde - 2007 0 Supreme(Bom) 1218]
Civil Court's continuing control - The Civil Court retains control over the preliminary decree even after its passing. The proposition that the Civil Court has no control after passing the preliminary decree cannot be accepted in light of Supreme Court judgments. [Kusum Dashrath Kharmare VS Popat Madhav Gangarde - 2007 0 Supreme(Bom) 1218]
Execution by Collector - When there is a decree of a Civil Court, it must be executed by the Collector or any Gazetted/subordinate officer deputed by him. Once the decree is sent to the Collector, the Civil Court's duty is over and it has very limited power. [Arun Ashruba Mhaske VS Atmaram Dattu Mhaske - 2007 0 Supreme(Bom) 379]
Ultra vires actions - If the Collector contravenes the decretal order, transgresses the decree, acts ultra vires, or refuses to implement the directions of the Civil Court, such action is liable to be controlled and corrected by the Civil Court which passed the decree. [Arun Ashruba Mhaske VS Atmaram Dattu Mhaske - 2007 0 Supreme(Bom) 379]
Inapplicability of Order XXI Rule 35 - The provisions of Order XXI Rule 35 of CPC do not apply for possession of agricultural land. The Civil Court has no jurisdiction to entertain an application for issuance of warrant under Order XXI Rule 35 for agricultural land. [Arun Ashruba Mhaske VS Atmaram Dattu Mhaske - 2007 0 Supreme(Bom) 379]
Question of title - Section 85(2) prohibits the Collector from partitioning agricultural land where a question of title is raised by any party. Title must be decided exclusively by the Civil Court. [Arun Ashruba Mhaske VS Atmaram Dattu Mhaske - 2007 0 Supreme(Bom) 379]
Rules 5, 6 and 9 application - When a holding is ordered to be partitioned under a decree or order of a Civil Court, the provisions of Rules 5, 6 and 9 of the Maharashtra Land Revenue (Partition of Holdings) Rules, 1967 shall apply, as they apply to partition on application of a co-holder. [Arun Ashruba Mhaske VS Atmaram Dattu Mhaske - 2007 0 Supreme(Bom) 379]
Prior civil suit bar - Proceedings initiated before the Sub-Divisional Officer for partition/correction of record of rights under Section 85 are not maintainable when a civil suit concerning the same property was filed earlier in point of time. The validity of a sale deed which is subject matter of a pending civil suit cannot be decided in Section 85 proceedings. [Tarachand s/o Lalchand Goel VS Santoshsingh s/o Chandansingh Rawat - 2018 0 Supreme(Bom) 1211]
Necessary party inclusion - All interested parties must be included in partition suits for fair adjudication of rights. Properties cannot be partitioned in the absence of a necessary party, and such decrees are patently illegal. [Vitthal Ramrao Mute VS Sugandha Keshavrao Satone (Dead) - Bombay (2024)]
Partition includes delivery - Partition is not confined to mere division of lands into requisite parts but includes delivery of shares to their respective shareholders. The Collector's obligation extends to putting decree holders in actual and physical possession. [Arun Ashruba Mhaske VS Atmaram Dattu Mhaske - 2007 0 Supreme(Bom) 379]
Cadastral Surveyor's role - The work of effecting partition as per decree is done by the Cadastral Surveyor, following the mode prescribed under the Maharashtra Land Revenue (Partition of Holdings) Rules, 1967. [Arun Ashruba Mhaske VS Atmaram Dattu Mhaske - 2007 0 Supreme(Bom) 379]
Productivity consideration - For equitable carving of shares in a partition, the productivity of the area must be allotted to each party in proportion to their share, ensuring no party suffers unequal distribution of fertile versus infertile land. [Somnath s/o. Punja Bargal VS Hon'ble Minister, Revenue Department, Maharashtra State - 2009 0 Supreme(Bom) 1567]
Hearing mandate - Sub-section (3) of Section 85 mandates hearing by the Collector before dividing the holding and apportioning the assessment. This is a statutory requirement that cannot be dispensed with.
The Maharashtra Land Revenue Code, 1966 is a comprehensive legislation governing land revenue administration, land rights, and land management in the State of Maharashtra. Section 146 of this Code deals with the fixation and demarcation of boundaries and boundary marks, falling under Chapter IX of the Code which specifically addresses boundary-related matters [Source: MLRC Vol 2]. The provision serves as a crucial mechanism for resolving disputes concerning land boundaries and ensuring proper land records maintenance.
Section 146 of the Maharashtra Land Revenue Code, 1966 pertains to the powers of revenue officers regarding the fixation and demarcation of boundary marks for survey numbers and sub-divisions of land. The provision empowers the Tahsildar and other revenue authorities to inquire into and adjudicate claims relating to boundaries, rights of way, and other connected matters affecting land holdings [Source: Section 143 in Maharashtra Land Revenue Code, 1966].
Based on the available sources, the essential ingredients of Section 146 include:
Chapter IX (Sections 132 to 146) of the Maharashtra Land Revenue Code, 1966 deals comprehensively with fixation and demarcation of boundary and boundary marks [Source: MLRC Vol 2]. The section operates within the broader framework of the Code which addresses:
The Maharashtra Land Revenue Code, 1966 provides for penalties related to land encroachments and unauthorized use. Agricultural land encroachments are fined between five and one thousand rupees, while non-agricultural cases can reach two thousand rupees [Source: Maharashtra Land Revenue Code Overview]. The Collector is empowered to summarily remove encroachments on government land and levy fines on unauthorized occupiers [Source: Maharashtra Land Revenue Code Overview].
Boundary Demarcation - Chapter IX (Sections 132 to 146) of the Maharashtra Land Revenue Code, 1966 deals with fixation and demarcation of boundary and boundary marks, establishing the procedural framework for resolving land boundary disputes [MLRC Vol 2]
Partition Disputes - Section 146 typically deals with partition of land, and case law demonstrates its application in disputes over partition of agricultural land under this provision [Section 146 in Maharashtra Land Revenue Code, 1966]
License vs. Lease Distinction - In analogous provisions under the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulations, 1966 (Section 146(ii)), courts have distinguished between license and lease arrangements, holding that a licensee cannot claim rights over land where documentation indicates a lease agreement that has expired [K. R. Suresh Kumar VS Lieutenant Governor - 2024 0 Supreme(Cal) 1467]
Documentary Evidence - Courts emphasize the need for claimants to substantiate claims with proper documentation, as failure to provide evidence supporting a claim of license can result in dismissal of writ petitions challenging land regularization orders [K. R. Suresh Kumar VS Lieutenant Governor - 2024 0 Supreme(Cal) 1467]
Cancellation of License - Under Section 146(ii) of analogous regulations, authorities have the right to cancel licenses and resume land when the licensee violates the purpose for which the license was granted or fails to utilize the land for the licensed purpose [Pearlescent Meritech Pvt. Ltd. VS Union of India - 2024 0 Supreme(Cal) 718]
Non-Utilization of Land - Courts have upheld cancellation of licenses where the licensee failed to utilize the land for the purpose for which it was licensed (e.g., pearl culture), finding that such non-utilization justifies cancellation and resumption by authorities [Pearlescent Meritech Pvt. Ltd. VS Union of India - 2024 0 Supreme(Cal) 718]
Lease Duration - Under Section 146 of the Andaman & Nicobar Islands Land Revenue and Land Reforms Regulations, 1966, the Commissioner was vested with the power of making grants/leases of land for a period not exceeding 30 years, with the lessee having the option of obtaining renewal "for a like period" [Andaman Plantation & Development Corporation Pvt. Ltd. VS Union of India - 2017 0 Supreme(Cal) 698]
Premium and Revenue Payments - Licenses granted under Section 146(ii) provisions require the licensee to pay a premium determined by authorities, in addition to payment of land revenue, cesses, fees, etc. payable under the regulation [SHRI RAGHUNATH BHATTACHARJEE VS GOVERNOR - 2006 0 Supreme(Cal) 12]
Regulatory Framework - The Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) provides that every sale, transfer, redevelopment, use of additional Floor Space Index (FSI), transfer of Transferable Development Rights are subject to its provisions [LA Bill No. XXVIII of 2026]
Civil Suit Jurisdiction - A civil suit can be instituted in a civil court claiming relief which is inconsistent with the order made under the Maharashtra Land Revenue Code (1966) [2000(2) ALL MR 261]
Appeal and Pre-deposit - Where an appeal or revision is filed against an order involving demand of revenue or penalty, a condition of pre-deposit of 25% may be imposed [MAHARASHTRA LAND REVENUE CODE, 1966]
Government Property Rights - Where any property right in or over any property is claimed by or on behalf of the Government or by any person as against the Government, it is lawful for revenue authorities to adjudicate such claims [Section 20 in Maharashtra Land Revenue Code, 1966]
Land Assignment - Lands may be assigned for special purposes under the Code, and when assigned, shall not be otherwise used without sanction of the Collector; unoccupied land may be granted on conditions [1966: Mah. XLI]
Restrictions on Land Use - Land falling in certain classes may be brought under cultivation at any time by the holder, and no additional assessment shall be charged therefor; the Code imposes restrictions on use of land [Maharashtra Land Revenue (Restrictions on Use of Land)]
Revenue Officer Powers - Sections 13 and 14 of the Maharashtra Land Revenue Code (1966) deal with the powers and duties of all Revenue Officers, which form the foundational framework within which Section 146 operates [2016(6) ALL MR 468 (SC)]
Boundary Rights - The Tahsildar may inquire into and decide claims by persons holding land in a survey number to a right of way over the boundaries of other survey numbers, demonstrating the dispute resolution mechanism under the Code [Section 143 in Maharashtra Land Revenue Code, 1966]
Analogous M.P. Provisions - In the M.P. Land Revenue Code, 1959, Section 146 deals with Notice of Demand, requiring a Tahsildar to cause a notice of demand to be served on any defaulter before issuing process for recovery of arrears [Section 146(1) in The M.P. Land Revenue Code, 1959]
Land Fraud Prevention - The Code helps prevent fake ownership claims and land fraud, determines tax liabilities for farmers and landowners, and protects land rights [Government Law College, Mumbai]
Encroachment Penalties - Under the Maharashtra Land Revenue Code, agricultural land encroachments are fined between five and one thousand rupees, while non-agricultural cases can reach two thousand rupees, with the Collector empowered to summarily remove encroachments on government land [Maharashtra Land Revenue Code Overview]
Integrated Township Projects - The Code defines "Integrated Township Project" meaning Integrated Township Project or projects under the Regulations, showing its application to modern development projects [The Maharashtra Land Revenue Code, 1966]
Here is the legal commentary on Section 142 of the Maharashtra Land Revenue Code, 1966, based on the provided sources.
Section 142 of the Maharashtra Land Revenue Code, 1966, deals with the crucial aspect of land administration concerning the demarcation and maintenance of physical boundaries. It establishes a clear duty on the holder of a landholding to clearly separate their land from village roads and to maintain the boundary marks in good condition. This section is fundamental for preventing encroachments, disputes over land titles, and maintaining the integrity of public ways within villages.
Section 142 states that unless the boundaries of a person’s land have been demarcated and fixed under any specific provision of the Code, the holder is required to demarcate their land by constructing boundary marks to separate it from any adjoining village road. Furthermore, the holder has an ongoing duty to repair and renew these boundary marks from time to time. In case of any dispute regarding the demarcation or maintenance of these marks, the matter is to be decided by the appropriate revenue authority.
The scope of Section 142 is specific and focused. It governs the relationship between a private landholding and a public village road. It is a preventive measure to ensure clear physical delineation of boundaries. It does not, by itself, determine or alter ownership rights but creates a duty based on existing rights. The dispute resolution mechanism under Section 142(3) is summary in nature, intended for administrative efficiency and not for settling complex title disputes. A key limitation is that Section 142(3) only allows for the correction of records regarding the physical boundary, and cannot be used to alter land records in a manner that affects title or ownership [Source: Section 142(3) in Maharashtra Land Revenue Code, 1966].
The provided sources do not contain a specific penalty provision directly under Section 142. However, the sources indicate that under the broader framework of the Maharashtra Land Revenue Code, encroachments (which could include failure to maintain boundaries leading to encroachment) are penalized. For agricultural land, encroachments are fined between five and one thousand rupees, while for non-agricultural cases, fines can reach two thousand rupees [Source: Maharashtra Land Revenue Code Overview | PDF | Lease]. Continuous encroachment may lead to higher penalties.
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