Overview of Maharashtra Land Revenue Code, 1966 and Rules and Allied Laws For Builders and Developers
Overview of Maharashtra Land Revenue Code, 1966 and Rules and Allied Laws For Builders and Developers
Overview of Maharashtra Land Revenue Code, 1966 and Rules and Allied Laws For Builders and Developers
• Forms H, HH, HH-1, I etc., which you come across for Collector /Government
grants in Mumabi, Thane etc.; are provided in these Rules.
• Note: Imp terms like Survey No. 2(6), Boundary Mark 2(10), to hold land 2(11),
Superior Holder 2(13), Occupant 2(16), Alienated 2(20) , Land Revenue were
• S. 53 Alienation Register (still relevant for Watan lands) provided for
maintaining a register for alienated land which was a database for lands fully or
partially exempted from land revenue.
• S. 133 of BLRC, 1879 provided for grant of Sanad for building site.
In villages and towns such Sanad which contain the particulars of the
property, plan and description relating to conditions of holding are
provided. In Mumbai City and in Gaothan Areas of Suburbs, you will
get such Sanads; which are accepted as documents of title as against
Government. In a private dispute before Civil Court, the title will
have to be independently established.
• Chapter X-A granted a statutory recognition to the record of right and
reporting of acquisition of such right, resulting in a mutation entry /
ferfar; maintaining register of mutations / ferfar and register of
disputed cases, enquiry by Circle Officer, Appeals, Revisions etc.
• Francis G. Anderson compiled the entire information relating to Land
Revenue, Surveys etc. in his book Manual of Revenue Accounts of
Villages, Talukas and Districts of the Bombay Presidency extensively
convers the concepts of mutation entries, various village forms like
Form No. 6, 7, 7A, 12 etc. which we will discuss.
MAHARASHTRA LAND REVENUE CODE, 1966
COMMENCED ON 15.8.1967
Hierarchy of Revenue Officers with Marathi Names (See S. 5 to 7 and 11) Ascending Order
MARATHI ENGLISH
Talathi / Patwari / Kulkarni Talathi
Kotwal Village Officer
Mandal Adhikari Circle Officer
Mamlatdar / Tahasildar Tahasildar
Naib Tahasildar Naib Tahasildar
Following Three Officers are of Equal Rank
Prant / Prant Officer Sub Divisional Officer
Sahayyak Zilla Adhikari Assistant Collector
Upa Zilla Adhikari Deputy Collector
MARATHI ENGLISH
Nagar Bhumapan Adhikari City Survey Officer/ Survey Tahasildar
Note 1 The State Government in its Revenue Department is the supreme authority
exercising overall power of superintendence and control over all the Revenue and Survey
Officers. That’s why the Mahasul Mantri – Revenue Minister and Mahasul Sachiv – Secretary
Revenue Department are posts which are most coveted.
Note 2 S. 247 provides for appeals and S. 257 provides for Revision Applications and have to
be read with Schedule E of the Code. So the subordination of the Revenue and Survey Officers
for those purposes is provided in Schedule E.
DIVISION OF STATE IN REVENUE AREAS [See S. 3 and 4] AND THEIR
COMPOSITION AND OFFICERS IN CHARGE OF THE REVENUE AREAS
whether as Co-sharers in a family according to Hindu law or otherwise; and whose shares are not yet
divided by metes and bounds; and where land is held by joint holders or joint occupants, holder or
occupants as the case may be, means all the joint holders or joint occupants.
Note:- Entries of HUF Manager or EKUMYA, Entry of name of only the eldest son or the widow,
no entries made of the names of daughters of the Deceased or the widows of a predeceased son etc.;
are to be taken care of. Hence it is hazardous to purchase or get DA based on 7/12 or PR Card and
going to the root of the title by Search etc., including finding out the Heirship Registers is crucial.
S 2 [18] Land Records means records maintained under the provisions of, or for the purposes of this
code and includes a copy of maps and plans of a final town planning scheme, improvement scheme or a
scheme of consolidation of holdings which has come into force in any area under any law in force in the
State and forwarded to any revenue or survey officer under such law or otherwise.
S 12 [19] Land Revenue means all sums and payments, in money received or illegally
claimable by or on behalf of the state government from any person on account of any land or
interest in or right exercisable over land held by or vested in him, under whatever designation
such some may be payable and any cess or rate authorised by The state government under the
provisions of any law for the time being in force and includes premium, rent, lease money,
quit rent, Judy payable by and Inamdar or any other payment provided under any act, rule,
S 2 [21] Non-Agricultural Assessment means the assessment fixed on any land under the
provisions of this code or rules thereunder with reference to the use of the land for a non-
agricultural purpose;
S2 [23] Occupant means a holder in actual position of any alienate it land, other than a
tenant or government lazy, provided that, where a holder in actual position is the tenant,
the land holder or the superior landlord, as the case maybe, shall be deemed to be the
occupant
• S2 [37] Survey Number means a portion of land of which the area
and assessment are separately entered, under an indicative number
in the land records and includes- (i) plots reconstituted under a final
town planning scheme or scheme of consolidation of holding which
has come into force in any area under any law and; (ii) ….Nagpur…..
• S 2 [35] Subdivision Of A Survey Number means a portion of a
survey number of which the area and assessment or separately
entered in the land records under an indicative Number
subordinate to that of the survey number of which it is a portion
• Note 1– Thus apart or his son number of a survey number must
have a separate land revenue assessment, to make it developable
separately.
• Note 2:- The term fragment that is Tukada is important and defined
in the Bombay prevention of fragmentation and consolidation of
holdings act, 1947 which provides for consolidation schemes and
after such a scheme is implemented, the lands are marked as good
numbers instead of survey number
S2 [38] Superior Holder except in chapter 14 means a land holder entitled to receive rent or
land revenue from the other land holders called inferior holders, whether he is accountable or not
for such rent or land revenue, or any part thereof, to the state government –
proviso…(Not Reproduced)
Note the name of Superior holder is recorded in a 712 extract above line whereas that of inferior
holder is recorded below the line. Hence, to get a valid title to the land, one must acquire the title
of the superior and inferior holder or title of the inferior holder and the consent of superior holder
for development and sale of tenements, which would of course be a matter of commercial
contract
S2 [40] Tenant means a Lessee, whether holding under an instrument, or under an oral
agreement, and includes A mortgagee of tenants rights with position but does not include LC
directly holding under the state government
For terms not defined in the Code refer to the Bombay General Clauses Act, 1904
REVENUE RECORDS, FERFAR, 7/12
EXTRACTS AND RULES UNDER
MLRC
Important Village Forms
• Revenue Records are the various records and registers to be
maintained by Revenue Officers
• S. 148 Record of Rights:- A record of rights shall be
maintained in every village and such record shall include the
names of all persons who are holders, occupants, owners or
mortagees of land or assignees of the rent or revenue of lands.
Names of all Government Lessees or tenants, Nature and extent
of their respective interests, conditions and liabilities attached
to land. Rent and revenue payable by or to such persons etc.
• S. 148-A Provision for storage in Electronic-Digital form. This
is the source of computarized Revenue Records.
• S. 149 Obligation of any person acquiring rights as
succession, survivorship, inheritance, partition,
purchase, mortgage, gift, lease, Government Lessee
etc. to report such right to Talathi under the Rules
within 3 months.
• S. 150 Register of Mutations and Disputed Cases
provides that Talathi will enter in Register of Mutations
(Ferfar Patrak) every report made u/s 149, paste a copy
and issue notices to persons interested. This is called a
Pencil or Draft entry.
• S. 154 Registrar’s obligation to intimate transfers by
registered instruments at the end of every month in
prescribed format to the Tahasildar, who shall make
Mutation entries and make entries in 7/12.
• The MLR Record Of Rights And Registers Preparation And
Maintenance Rules, 1971 prescribe the procedure for
making entries, hearing of disputed cases by the Circle
Officer and various forms.
• Forms I and XIV are important. This gives a statutory
recognition to 7/12 extract. Form XIII is the Register of
Crops and XIV is the Register showing persons in
possession other than persons deemed to be in
possession.
• In villages encroachers file this form and a chain of
litigation under the MLRC and Civil Courts starts.
M
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7/12 Extract
Form I
(See Rules 3, 5, 6 and 7)
Record of Rights
Village ........................................................................................ Taluka Satara
2 29
Pot Kharab
(un-cultivable).
Class (a) ................
Class (b) ................
Total ................
Rs.
Ps...............
Assessment
Judi or special assessment. Boundary and Survey marks.
Village Forms-Marathi PDF
• Form I-A Register of Forest Lands Share Page 152
• Form I-C Register of Class II and Village Panchayat Lands Share Page 156
• Form I-D Register of Lands granted under Tenancy Laws Class II grants and
Surplus Lands under the Maharashtra Agricultural Lands (Ceiling on
Holdings) Act, 1961. page 157
• Form 1E Encroached Lands share Page 158
• Form VI Mutation Register share Page 205
• Form VI-A Register of Heirship Share Page 241
• Form VI-D Register of New Pot Hissas share Page 242
• Form VII-12 Registrar of Occupancies and Cultivation share Page 245
• Form VII-A Register of Tenancies and Other Rights share Page 261
• Form VII-B Register of persons other than occupants in
possession share Page 263
• Form VIII-A Register of Occupancies (Khate Utara) share Page 265
Also see the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes [Vimukta
Jatis], Nomadic Tribes, Other Backward Classes and Special Backward Category
[Regulation of Issuance and Verification of] Caste Certificate Act, 2000 under which
Scrutiny Committees are established. So if a Non Tribal makes a claim you will be well
and Government Leased Lands to Occupancy Class I, subject to the Rules made by Govt.
Exceptions:- Various Watan Abolition Acts, Tenancy Laws Agricultural Lands Ceiling Act
(1) In the absence of any express provisions of the Code, or of any law for the time being
in force to the contrary, an appeal shall lie from any decision or order passed by a revenue or
survey officer specified in column 1 of the Schedule E under this Code or any other law for
the time being in force to the officer specified in column 2 of that Schedule whether or not
such decision or order may itself have been passed on appeal from the decision of order of the
officer specified in column 1 of the said Schedule :
(2) When on account of promotion of change of designation an appeal against any decision
or order lies under this section to the same officer who has passed the decision or order
appealed against, the appeal shall lie to such other officer competent to decide the appeal to
whom it may be transferred under the provisions of this Code.
Section 248 – Appeal when to lie to State
Govt.
• An appeal shall lie to the State Govt from any
decision or order passed by a commissioner or by a
settlement commissioner or by a director of land
records, or by deputy of land records invested with
powers of director of land records except in case of
any decision or order passed by such officer on
appeal from a decision or order itself recorded in
appeal by any officer subordinate to him.
SECTION 249
(1) An order passed in review varying or reversing any order
shall be appealable in the like manner as an original decision or
order.
(2) An order passed in revision varying or reversing any order
shall be appealable as if it were an order passed by the revisional
authority in appeal.
Section 252