Farm house projects in “G” zone are feasable
By
B.P. Sachinwala, Architect
The
term ‘land’ as defined in section 2 of the Maharashtra Land
Revenue Code ’66 not only means the surface of the ground but also
everything on or over or under it. Land in its ordinary normal
conditions means entire land. It includes the upper soil, Sub-soil
whether it be clay, sand or gravel. The definition of land is wide
enough to take within it’s fold buildings also, as building is a
thing permanently attached to the earth. The expression permanently
has been held to be used as an antithesis to temporarily.
The term “Agriculture” is not defined in the Maharashtra
Land Revenue Code, 1966; but the same is defined in the Maharashtra
Agricultural Lands (Ceiling on Holdings) Act, 1961. Agriculture
includes horticulture, the raising of crops, grass or garden produce,
grazing of cattle, rab-manure, dairy farming, poultry farming breeding
of live stock and such other relevant operations in conjunction with
basic agricultural operations.
The
term “Agriculturist” means a person who cultivates land
personally. Refer Section (3A) of the Maharashtra Agricultural Lands
(Lowering of Ceiling on Holdings) and (Amendment) Act, 1972; Known as
Mah.XXI of 1975.
The
term “To Cultivate” means to till or husband land for the purpose
of raising or improving agricultural produce, whether by manual labour
or with the use of cattle or by machinery, or to carry on any
agricultural operations thereon (Refer Section : 2 (8) Chapter I of
the Maharashtra Agricultural Lands (ceiling on Holding) Act, 1961.
The
term “to Cultivate Personally” means to cultivate land on a
person’s own account by his own labour or by the labour of any
member of his family or by hired labour, or by servants on wages,
payable in cash or kind (but not in crop share) under the personal
supervision of himself or any member of his family (Refer Section 2
(9) of the Maharashtra Agricultural Lands (Ceiling on Holding) Act,
1961.
A
person under disability shall be deemed to cultivate personally, as he
cultivates through his servants or by hired labour. In the case of
joint family land shall be deemed to be cultivated personally, if it
is so cultivated by any member of such family.
The
term “to hold land” means to be lawfully in actual possession of
land as owner or as tenant and “holding” shall be construed
accordingly. (Refer Section 2(14) of the Maharashtra Agricultural
Lands (Ceiling on Holdings) Act, 1961).
Now
let us check and study Section 5.2 62 (c) under “G” Zone covered
under Regional 1970-91 which clearly states that :Individual Bungalows
of persons who take a fancy to any part of the area, provided the
bungalow are located in plots of not less than
4000 sq.metres and provided satisfactory arrangements for water
supply and drainage disposal are made by the developer at his own
cost, such permissions may only be granted to the developer provided
trees and other features of natural interest are not materially
destroyed in the process of development”.
Under
above provisions developers are fully entitled to apply for the
sanction of layout having plots of 4000 sq.metres minimum for non-agricuturist
buyers. The developer will have to bear some loss of land in open
spaces and internal roads which can be compensated for giving a
reasonably good title of the land to the purchasers. There is no harm
if the layout is sanctioned for the residential use.
The
purchaser is at liberty to cultivate his plot as it is not a crime to
conduct agricultural activities in conjunction with basic agricultural
operations. As it is vide sub-section (e) for “G” zone it is
clearly stipulated that any use of land connected with the carrying
out of agricultural and allied operations are allowed in “G” zone
lands. Therefore purchaser’s move to cultivate his plot is
permissable and it is not against any provisions of law anywhere In
Indian Union. After cultivating his land personally he can be treated
as an “Agriculturist “, as the definition of the term
“Agricultirist” means a person who cultivates his land personally
[Refer Section 3-A of the Maharashtra Agricultural Lands (Lowering of
Ceiling on Holdings] and (Amendment) Act, 1972 or generally known as
Mah. XXI of 1975].
Thus
the purchaser buying such plot of 4000 sq.metres is an authentic owner
“to hold land” within the definition covered by section 2(14) of
the Maharashtra Agricultural
Lands (Ceiling on Holdings) Act, 1961.
The precise definition of the term “FARM BUILDING” is
elaborated in Section 2(9) of the Maharashtra Land Revenue Code 1966.
It means a building erected for the agricultural purposes on land
assessed or held for the purpose of agriculture for all or any of the
following purposes connected with such land or any other land
belonging to or cultivated by the holder thereof, namely :-
a)
for the storage of agricultural implements, manure or folder.
b)
for the storage of agricultural produce.
c)
for sheltering cattle.
d)
for residence of members of the family, servants or tenants of
the holder
e)
or for any other purpose which is an integral part of his
cultivating arrangement.
Farm
house in other words can be defined as a residence of a cultivator or
his tenant or even a landlord for the purpose of supervising the
cultivation and other activities connected with agricultural
operations inclusive of shelter for cattle, storage and irrigation.
Agricultural operations described above does not require permission
from the collector as per section 41.
In
Section 41 (1) of the Maharashtra Land Revenue Code 1966 it is
stipulated clearly that holder of any land assessed or held for the
purpose of agriculture is entitled by himself, his servants, tenants,
agents or other legal representatives to erect farm building,
construct wells or tanks or make any other improvements thereon for
the better cultivation of the land, or its more convenient use for the
purpose aforesaid.
The reaction created by section 41(1) was not positive. The
resultant adverse repercussion produced more and more farm buildings
around Metropolitan cities & industrial towns. Many office godowns
and residential & commercial buildings were constructed in the
name of farm buildings resulting in huge loss of revenue to state
Exchequer and misuse of agricultural lands.
To
curb effectively such abuse of agricultural lands under the ostensible
pretext of constructing farm buildings it was necessary to have
drastic amendments. Hence the Maharashtra Land & Revenue Code
(Amendment) Act, 1986 (mah.xxx11 of 1986) was promulgated.
The
applicant can submit his proposal to construct, re-construct or alter
farm building vide FORM ‘A’ under section 41 (2) of the
Maharashtra Land Revenue Code (Amendment) Act, 1986.
The
prescribed plinth area of farm buildings is 150 sq. metres for the
land holding admeasuring 0.4 hectares (4000 sq.mts) minimum to 0.60
hectares (6000 sq.mts) maximum.
If
the area of the agricultural holding on which one or more
farm buildings are proposed to be erected is more than 0.6
hectares (6000 sq.mts), the plinth area of all such buildings shall
not exceed one fortieth area of that agricultural holding or 400 sq.
meters, which ever is less.
It
is imperative to note that minimum land holding required for erecting
a farm land is 0.4 hectares or 4000 sq.mts. The height of such
building should not exceed 5 mts from its plinth level, and it should
be a ground floor structure only.
