BY SRELJ Bureau
Agricultural Land
Agricultural:- “agriculture” includes horticulture, poultry farming, the rising of crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, the use of land for grazing, cattle and for any purpose which is ancillary to its cultivation or other agricultural purpose.
Classification of agricultural lands as per its use for cultivation:-
1 Warkas land
2 Jirayat land (Dry crop)
3 Bagayat or irrigated land
4 Rice land
1 The ‘warkas’ land is the land of the poor productivity. This land is used by the farmer during the monsoon to grow ‘low-grade’ millets such as nachani and warai. Its cultivation involved burning of the vegetation on the land, (rab manure) preparing the soil with a pick and sowing by hand.
2 Jirayat land is the land where cultivation is depends upon annual rainfall. The jirayat land is used for seasonal crops, kharif and rabi. The agricultural sessions of kharif crops starts from June and agricultural sessions of rabi crops are starts from September-October.
3 Bagayat or irrigated land:-.Cultivation of these lands is mainly dependent upon sources of water other than rain. Sources of water can be well, bandharas and supply from Government’s irrigation department.
4 Rice land:-In coastal and heavy rainfall area where main crop is rice, lands are classified into to two categories namely; rice land and warkas land.
Improvements for the Better Cultivation of the Land:-
“Improvement” in relation to land means any work which adds materially to the value of the land. The works which makes improvement in the land are
a) the construction of tanks, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes;
b) the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water;
c) the planting of trees and the reclaiming, clearing, enclosing, leveling or terracing of land;
d) the erection of buildings on or in the vicinity of the holding, elsewhere than in the gaothan required for the convenient or profitable use or occupation of the holdings ; and
e) the renewal or reconstruction of any of the foregoing works, or alternations therein or additions there to;
However the below mentioned works are not “improvements.”
i. Temporary wells and such water-channels, embankments, leveling, enclosures or other works, or petty alterations in or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; or
ii. any work which substantially diminishes the value of any land wherever situated, in the occupation of any other person, whether as occupant or tenant;
Farm building:- It means a structure erected on the agricultural land for the purposes as mentioned below;
1. for residence of members of the family, servants or tenants of the holder,
2. for the storage of agricultural implements, manures or fodder,
3. for the storage of agricultural produce,
4. for sheltering cattle.
5. for any other purpose which is an integral part of his cultivating ;(ex crushing, sifting etc.
Maximum Plinth Area Allowed To Construct Is As Per Table Given Below.
Serial Number
*Area Of The Land
For the Residence In Metres
Other than Residence In Metres
Total In Metres
1
Less than 0.4 Hectare
Nil
Nil
Nil
2
Exceeds 0.4 Hectare But Does Not Exceed 0.6 Hectare
Up to 150
Up to 150
150
3
More than 0.6 Hectare
Up to 150
Up to 400
400
* The land held by the person as per Village Form 8
Where permission for farm building is required?
Permission is required to obtain before erection of any farm building or carrying out any work or renewal of, re-construction of, alterations in, or additions to, any such farm building, on any land which is situated within the area falls under
(1) *Planning Authorities jurisdiction or within the area covered by the
(2) **Regional Plan,
(3) ***Town Planning scheme, or proposals for the development of land (within the †notified area)or (an area designated as ) the site of the new town, whether each of these being in draft or final, prepared, sanctioned or approved under the Maharashtra Regional and Town Planning Act, 1966; and
a. the area within eight kilometres from the periphery of the limits of Municipal Corporations of Mumbai, Pune and Nagpur,
b. the area within five kilometres form the periphery of the limits of any other municipal corporation;
c. the area within three kilometres form the periphery of the limits of A class municipal council.
*Planning Authorities: – Municipal Corporation and Municipal Councils.
**Regional Plan: – Land use plan prepared for the region. For more details please see “Regional Plan”
***Town Planning scheme: – Schemes prepared by planning authority the for the purpose of implementing the proposals in the final Development Plan.
(Development Plan: – It means a plan for the development or redevelopment of the area within the jurisdiction of a Planning Authority.)
†The notified area: – It means an area within the jurisdiction of one or more local authorities (not being an area within the jurisdiction of a cantonment board constituted under the Cantonment Act, 1924) which is in the opinion of the State Government in a neglected condition, or which is being developed or is in imminent likelihood of being developed in an uncontrolled or haphazard manner, and requires, in the public interest, to be developed in a proper and orderly manner:;
Procedure for Obtaining Permission for Farm Building
Persons eligible to apply for permission:-
1) holder of the land.
2) his servants
3) his *tenants
4) his agents (representative)
5) any other legal representative.
*” tenant” means a lessee, whether holding under in instrument, or under an oral agreement, and includes a mortgagee of a tenant’s rights with possession; but does not include a lessee holding directly under the State government)
Mode of application
Applicant has to make application in the prescribed form “A
Restrictions on the Use of the Land:
In developing area it is essential to use the land for the best purposes for which it is most suitable for e.g. residential, commercial, industrial, agricultural, recreational, etc. To achieve this object, the land use plans (Regional Plan) are prepared by the Government. In the Regional Plan, land allocation for different purposes is made by dividing land in the Zones. Broadly lands are divided in the zones as mentioned below:
Urbanisable Zone
Industrial Zone
Recreational Zone
Forest Zone
Green Zone
If the land is situated within the limit of Regional Plan, the use of land should be in confirmative to land use plan. Buyer or developer of the land must know the restrictions imposed on the use of the land.