Farm house projects in “G” zone are feasible

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.