Land Branch

Subject:- Standard Operating Procedure (SOP) for Regularization of Encroachments on Government Nazul Land for Residential and Commercial Use

1. Subject:- Regularization of encroachments on government Nazul land for residential and commercial use.

2. Authority for Regularization of Encroachments on Government Nazul Land:

The Government of Maharashtra, Mumbai, has the authority to approve regularization and grant permission for residential and commercial use of government land within the jurisdiction of  Chandrapur Muncipal Corporation within  the approved development plan.

The original case/proposal for regularization of encroachments on government Nazul land must be submitted to the District Collector’s office through the Sub-Divisional Officer by the concerned Tehsildar.

3. Eligibility for Regularization of Residential and Commercial Use of Government Land:

Encroachments must exist before January 1, 1995.

       Proof Required:

• Property tax receipt
• Electricity bill
• Notice received regarding encroachment
• Other supporting documents

4. Required Documents for Regularization:

1. Application for regularization with ₹10/- court fee stamp
2. 7/12 extract / property record
3. Location map of the property
4. Inspection report from Naib Tehsildar and Deputy Superintendent of Land Records
5. Domicile certificate of the applicant
6. Caste certificate (if applicable)
7. Copy of voter list (before 1995)
8. Aadhaar card copy
9. Affidavit stating willingness to pay occupancy charges/fines
10. Affidavit stating that the applicant does not own any other land in Maharashtra (if owned, provide 7/12 & 8A extracts)
11. Public notice issued by Tehsildar after a hearing
12. Written statement of the encroacher
13. Copy of the challan showing payment of penalty under the Maharashtra Land Revenue Code, 1966, Section 50
14. NOC from Municipal Corporation/Panchayat
15. Opinion from the Town Planning Department
16. Opinion from the Land Records Department
17. Encroachment survey map from the Deputy Superintendent of Land Records (if applicable)
18. Land valuation report from Sub-Registrar
19. Government order dated February 9, 2010, for classification of encroachment cases
20. Government circular dated June 14, 1978, with details of 30 necessary points
21. Government circular dated December 3, 1979, with details of 20 necessary points
22. Registration document (if required)
23. Other necessary documents

5. Where to Submit the Application?

The applicant must submit the necessary documents and relevant proof to the concerned Tahsil Office.

6. Process at the Tehsildar and Sub-Divisional Officer Level:

Once the application is received, the Tehsildar will initiate the process and seek opinions from relevant departments.

The proposal, along with the necessary documents, will be forwarded through the Sub-Divisional Officer to the District Collector for verification and further approval from the government.

The following work process will be followed:

• • Revenue Assistant / Assistant Revenue Officer
  • Assistant Superintendent (Land)
  • Deputy Collector (Land)
  • District Collector, Chandrapur
  • Divisional Commissioner, Nagpur Division
  • Government of Maharashtra, Mumbai

7. Departments from Which Reports/Opinions Are Required:

1. Commissioner, Chandrapur Municipal Corporation
2. Concerned Tehsildar and Sub divisional officer
3. Town Planning and Valuation Department, Chandrapur
4. Deputy Superintendent, Land Records, Chandrapur
5. Concerned Village Revenue Officer
6. Other relevant departments (if required)

8. Fees and Payment Method:

Fees will be determined based on the land’s status and usage:

• As per Section 51 of the Maharashtra Land Revenue Code, 1966, and Rule 43(A) of the Disposal of Government Lands Rules, 1971, the encroacher must pay the occupancy value plus a fine for the entire period of encroachment.
• For residential encroachments, the penalty will be at least 2.5 the market price at the time of encroachment, plus interest.
• For commercial encroachments, the penalty will be 5 times the market price at the time of encroachment, plus interest.

Once prior approval is granted by the Government of Maharashtra, the District Collector will generate a challan through Government Receipt Accounting System (GRAS) – MTR Form No. 6. The applicant can pay online or deposit the fee at a designated bank.

9. Final Approval from Government:

After approval, the District Collector will direct the Deputy Superintendent of Land Records to conduct a survey and demarcation. The necessary 7/12 extract and property records will be updated accordingly.

The final process involves:

• Verification of Documents
• Approval by District Collector
• Issuance of Agreement (Form 14)
• Issuance of Certificate (Form 18) by Tehsildar
• Updating property records (7/12 extract)

10. Relevant Government Orders and References:

11. Final Decision-Making Authority:

After approval from the Government of Maharashtra, the District Collector of Chandrapur will issue the final order.

Standard Operating Procedure (SOP) for Allocation of Government Land

1. Introduction

This Standard Operating Procedure (SOP) outlines the process for the allocation of government-owned land to eligible entities, ensuring transparency, fairness, and adherence to legal guidelines.

2. Objectives

• To regulate the allocation of government land efficiently.
• To ensure fair and legal distribution.
• To promote development and public welfare.

3. Eligibility Criteria

Entities eligible for land allocation include:

• Government agencies and departments.
• Public sector organizations.
• Non-profit organizations involved in public welfare.
• Private entities for projects of national or regional significance.

4. Application Process

4.1 Submission of Application

Applicants must submit a formal request to the relevant government authority, including:

• Purpose of land use.
• Proposed project details.
• Financial and operational capability.
• Compliance with legal and environmental norms.

4.2 Verification and Evaluation

The application is reviewed by a designated committee based on:

• Necessity and feasibility of the project.
• Alignment with government policies.
• Environmental impact assessment.

5. Approval Process

• The reviewing committee submits its recommendations to the appropriate government department.
• Approval is granted based on legal compliance and strategic importance.
• Successful applicants receive an official land allotment letter.

6. Terms and Conditions

• The allocated land must be used strictly for the approved purpose.
• Any deviation may result in cancellation of the allotment.
• The land cannot be transferred or sold without government approval.
• Regular monitoring and reporting on land utilization are required.

7. Legal Compliance

• All land allocations must comply with local, state, and national land laws.
• Necessary environmental and construction clearances must be obtained.

8. Dispute Resolution

• Any disputes arising from land allocation will be resolved through the designated legal channels.
• Appeals can be submitted to the higher authorities within a specified period.

9. Conclusion

This SOP ensures that government land allocation is conducted in a structured and lawful manner, promoting transparency and efficient utilization for public benefit.

Subject:- Standard Operating Procedure (SOP) for the sale of surplus agricultural land declared under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, and land allotted through ceiling distribution for agricultural/industrial purposes.

1. Subject

Sale of surplus agricultural land declared under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, and land obtained through ceiling distribution for agricultural/industrial purposes.

2. Authority to Grant Permission for Sale of Ceiling Land

The Additional District Collector, Chandrapur, is authorized to grant permission for the sale of surplus agricultural land/land allotted under the ceiling distribution for agricultural/industrial purposes within Chandrapur district.

Authority and Jurisdiction Table

The original case/proposal for selling ceiling land for agricultural or industrial purposes must be submitted to the District Collector’s office through the respective Tehsildar and Sub-Divisional Officer.

3. Required Documents for Sale Permission of Ceiling Land

The following documents are required:

1. Application for sale permission with ₹10/- court fee stamp.
2. Documents indicating under which order the ceiling land was allotted.
3. Reason for selling the land.
4. 7/12 extract, Form 8A, and land map.
5. Record of rights from the year 1954-55.
6. Re-numbering slip.
7. Mutation register extract.
8. All past sale orders if the land has been previously sold.
9. Public notice (along with publication report).
10. Report from the concerned Talathi.
11. Report on whether the land is affected by land acquisition, metropolitan/municipal development plan, flood-prone area, public works, or any other project.
12. Proof of whether the seller will become landless after the sale.
13. Seller’s declaration (with competent authority’s signature and seal).
14. Buyer’s declaration (with competent authority’s signature and seal).
15. Affidavit of the seller’s legal heirs (No Objection Certificate).
16. Caste certificate of the seller.
17. Caste certificate of the buyer.
18. Agreement to sell (Sale Agreement).
19. Current financial year valuation report of the ceiling land from the Sub-Registrar.
20. Affidavit confirming readiness to pay the unearned amount as per government regulations and acceptance of government terms and conditions.
21. Site inspection report from the Tehsildar/Sub-Divisional Officer.
22. Proof that the buyer is a farmer if the purchase is for agricultural purposes (7/12 extract).
23. If the buyer is an individual / company purchasing the land for industrial purposes, no permission is required under the Vidarbha Tenancy and Agricultural Lands Act, 1958, Section 89A.
24. If the buyer is a non-farmer, permission for purchasing agricultural land for other than industrial  purpose is required under Section 89 of the Vidarbha Tenancy and Agricultural Lands Act, 1958.
25. Report on whether the ceiling land falls under the PESA Act.
26. A 22-point report with the Sub-Divisional Officer’s explicit remarks.
27. Opinion from the Forest Department regarding the applicability of the Forest Conservation Act, 1980.
28. If the land is for industrial purposes, an opinion from the Town Planning and Valuation Department is required.

4. Where to Submit the Application

The application, along with the necessary documents, should be submitted at the office of the Tehsildar, Sub-Divisional Officer, or District Collector.

5. Procedure for Selling Ceiling Land for Agricultural/Industrial Purposes

Once an application is received, the Tehsildar will initiate the process, collect the necessary documents, and obtain a report from the Talathi. A public notice will be issued for objections before submitting the proposal through the Sub-Divisional Officer to the Additional District Collector for approval.

Workflow:

1. Document Verification – Revenue Assistant / Assistant Revenue Officer.
2. Scrutiny – Assistant Superintendent (Land).
3. Review – Deputy Collector (Land).
4. Final Approval – Additional District Collector, Chandrapur.

6. Departments Required for Reports/Opinions

The Tehsildar will register the case and obtain reports/opinions from the following departments as per agricultural/industrial requirements:

1. Concerned Sub-Divisional Office.
2. Concerned Tehsil Office.
3. Sub-Registrar Office.
4. Concerned Talathi Office.
5. Department related to the purpose of sale.

7. Fees Structure and Payment Method

Land Use-Based Fees

According to Section 29 of the Maharashtra Agricultural Lands Act, 1961, and the Maharashtra Agricultural Lands (Amendment) Rules, 1975 & 2001 (Gazette Notification dated 19/10/2001):

• For Agricultural Purposes – 50% of the land valuation as per the Sub-Registrar’s computation.
• For Industrial/Non-Agricultural Purposes – 75% of the land valuation as per the Sub-Registrar’s computation.

After approval by the Additional District Collector, the required fee will be generated through the Government Receipt Accounting System (GRAS) in MTR Form No. 6. The applicant can pay online or via challan at the designated bank.

8. Final Order Issuance

The final order is passed after confirming the payment receipt.

9. Government References and Notifications

10. Final Decision-Making Authority

The Additional District Collector, Chandrapur.

11. Time Frame for Decision

90 days.

Subject:- Conversion of Nazul lands leased through auction or other means in Nagpur and Amravati divisions into Freehold (Occupant Class-1).

Details and Procedures :-

Subject :-

1. Conversion of Nazul lands leased through auction or other means in Nagpur and Amravati divisions into Freehold (Occupant Class)

2. Jurisdiction for Conversion of Nazul Lands into Freehold

The District Collector has the authority to convert Nazul lands leased through auction or other means in Nagpur and Amravati divisions into freehold.

Eligibility: 

As per the Madhya Pradesh Land Revenue Code, 1954, lands leased for residential, commercial, or industrial purposes are eligible for freehold conversion.

3. Required Documents for Nazul Land Freehold Conversion:

1. Applicant’s application |
2. Original updated property extract (Akhiv Patrika) |
3. Maintenance records (Years 1920-21, 1951-52, 1981-82 – certified copies) |

4.Transfer records from the original leaseholder to the current applicant (Registry) |

5. Affidavit on plain paper notarized by the Executive Magistrate, affirming willingness to pay the required amount and authenticity of submitted documents |
6. Consent letter from all co-holders of the property, submitted before the competent authority |

7.Lease renewal order, including regularization of any lease violations (Renewal and regularization authority lies with the Sub-Divisional Officer) |

8. Registered Form H |

9.Applicant’s statement confirming willingness to pay as per government rules and acknowledging responsibility for any false submissions |

10. Google Earth image with latitude and longitude coordinates |

11.Photograph of the land |

12. Report from the Sub-Divisional Officer |

4. Submission of Application for Freehold Conversion

The applicant must submit the application along with the required documents to the Sub-Divisional Officer.

5. Workflow for Processing Freehold Cases

– Before freehold conversion, lease renewal and regularization of lease violations must be completed.

– Lease renewal and violation regularization fall under the jurisdiction of the Sub-Divisional Officer.

– After renewal and regularization, the Sub-Divisional Officer submits the proposal along with a report to the District Collector’s office.

The freehold application process follows the below workflow:

1. **Document Verification** – Assistant Revenue Officer
2. **Assistant Superintendent (Land)**
3. **Sub-Divisional Officer (Land)**
4. **District Collector, Chandrapur**

6. Reports Required from Various Departments

– Report from the concerned Sub-Divisional Officer

– Report from the concerned Deputy Superintendent, Land Records

7. Eligibility

Nazul lands leased for residential, commercial, or industrial purposes in the Nagpur and Amravati revenue divisions, as per the laws applicable to the erstwhile Central Provinces and Berar, are eligible for freehold conversion.

8. Applicable Fees & Payment Method

As per **Government Resolution No. Nazul 2016/PR.NO.186(B)/J-8 dated 2nd March 2019**, freehold fees are determined based on land use and area:

| Purpose | Conversion Premium (Percentage of Current Annual Rate) |

|———|——————————————————|

| Residential | 5% |

| Commercial/Industrial | 10% |

As per **Government Resolution No. Land-2024/PR.NO.28/J-8 dated 16th March 2024**, under the special amnesty scheme, freehold conversion fees for residential land are reduced until **31st July 2025**:

| Purpose | Conversion Premium (Percentage of Current Annual Rate) |

|———|——————————————————|

| Residential | 2% |

**Payment Process:**

– After initial approval from the District Collector, the conversion premium will be paid through the **Government Receipt Accounting System (GRAS)** via **MTR Form No. 6**.

– The applicant can generate the challan and deposit the amount directly in the designated bank.

**9. Final Decision-Making Authority**

The **District Collector, Chandrapur** is the final authority for freehold conversion decisions.

**10. Government Resolutions:**

| Subject | Date | PDF Link |

| Nazul land in Nagpur & Amravati divisions | 13th Dec 2015 |View |

| Freehold conversion of Nazul land in Nagpur & Amravati divisions | 2nd March 2019 | [Click Here](https://drive.google.com/file/d/1vti4f-VjHNYNtnt4GqquIS4N8rOhCG1X/view?usp=sharing) |

| Special Amnesty Scheme 2024-25 for residential Nazul land | 16th March 2024 | [Click Here](https://drive.google.com/file/d/1aUhF8FmXokkikW5VtFrmjk4J_8DlKQl/view?usp=sharing) |

Services Provided by the Village Revenue Officer and Circle Officer Office

F1) Registered Mutation – Purchase Rights / Gift Deed / Release Deed / Will (Registered) / Mortgage Deed / Lease Deed

1. Required Documents:
   • Registered Deed
   • Copy of Index II
   • Will / Heirship Certificate / Notarized Affidavit
   • Other necessary documents
2. Processing Time: 25 days
3. Fees: Free of charge
4. Where to Apply?
   • At the Talathi Office or through the e-Hakka System: https://pdeigr.maharashtra.gov.in

F2) Unregistered Mutation – Inheritance Rights / Will / Deletion of Deceased’s Name / Removal of Encumbrance Remark / Order Mutation

1. Required Documents:
   • Death Certificate / Birth Certificate
   • Heirship Certificate / Notarized Affidavit
   • Order
   • Other necessary documents
2. Processing Time: 25 days
3. Fees: Free of charge
4. Where to Apply?
   • At the Talathi Office or through https://pdeigr.maharashtra.gov.in

F3) Copies of 7/12 Extract, 8A Extract, Mutation Register

Fees:

1. • ₹15 per copy
   • If the document has more than two pages, ₹2 per additional page
2. Where to Obtain?
   • At the Talathi Office or through https://digitalsatbara.mahabhumi.gov.in