Real Estate: N.A. permission- major reform in Maharashtra

NA permission major reform in Maharashtra

na-permission easier in nagpur

NA permission made easy

10-Jan-2017 :

Non-Agricultural (N.A.) conversion of land, which typically took 18 months time and running between 13 officials has now been made easy. Now, for land in areas where Development Plan (DP) is finalized, a non-agricultural certification will not be required.    

Once the necessary charges like conversion tax, N.A. assessment fee, Premium (Nazrana), and other dues are paid, the land should be converted by the officials within 30 days as per Government resolution. The payment receipt shall be regarded as proof of land having been converted to NA use.    

This will make life easy for land owners, builders & developers and farmers and has been undertaken to improve Maharashtra’s rating on Ease-of-doing-business index.    

With amendment to Maharashtra Land Revenue Code, 1966 Sec 42 and Sec 44 through MLRC (Amendment) Ordinance 2017, the burden of obtaining NA permission in areas covered by DP has been removed. New Sec 42B and 42C have been inserted to make things easier.    

What it means is that once a DP is finally notified for an area, land holders are permitted to use their land as per the DP and Development Control Rules (DCR). The officials would not need to permit and the land will be deemed to have been converted as per use permitted in the DP.    

(Note: The exact procedural changes will become clearer when one applies for such conversions as per new procedures.)

Non-Agricultural use permissions easier in Nagpur

21-Jan-2016 :

In areas of Development Plan (DP) no permission of District Collector will be required to convert agricultural lands into Non-Agricultural (NA).

The Tehsildar will within 30 days scrutinize & furnish information on three aspects- ownership of land, whether it is Class-1 land, whether dues of revenue is mentioned in record of land.  After this NOC has to be obtained by applicant from District Collector.

Tehsildar has to give Sanad document within 90 days to applicant.

In other areas outside DP the procedure has been simplified and in place of earlier 22-32 NOCs required earlier, a new section 42A and 44A has been inserted in Maharashtra land revenue code to make NA permissions easier.

N.A. permission issuance to be delegated to local bodies

15-Dec-2015 :

The Government will be delegating powers of issuing NA (Non-Agricultural) permissions to local bodies. The local bodies will be empowered to issue NA permissions after scrutiny of development plan.

There will not be any need to go to District Collectorate for NA permission in coming time.

Provisions of Fragmentation and Consolidation of Holdings Act would be relaxed to allow transfer of a part of agricultural land within developed municipal areas for NA use.

NA permission would not be required in DP area

17-Jul-2014 :

Prior permission of District collector will not be required for non-agricultural use of any land in the DP area under the jurisdiction of municipal corporation / council. The land holder will have to take permission from competent authority (municipal corporation/ council) concerned for development of the said land as per the use in DP.

For lands outside the DP area, NA permission will be required as per simplified procedure, i.e. Revenue Department will grant no objection certificate for NA permission to planning authority concerned for development of the land after scrutinizing the land laws & payment of charges the landholder will get comprehensive approval.

To make scrutiny of records easy a data bank at office of District Collector in each district will be created so that it will not be necessary to seek certificates from various departments. This will facilitate faster grant of NA permissions.

26 thoughts on “Real Estate: N.A. permission- major reform in Maharashtra”

  1. Mahesh Bharambe

    ग्रामीण भागात, ग्रामपंचायत कार्यालयाची नाहरकत दाखल्याची गरज नाही काय?

  2. Pramod balasaheb malode

    If land cover or equip with construction above land in dp plan said land cover under resident zone

    1. Adv. Shrikant Mandore

      As per DP plan permissions will be issued.
      In case of development in green zone is not sufficient ground for permission under the same.

  3. Narendra Gupte

    on the subject of conversion of land to non- agriculture, notification is issued in Marathi by Divisional Commissioner, Pune Revenue Department, reference number MH/2/G.General/KaVi/81/2018 dated 20th February 2018. It explains the procedure of conversion of land to non-agriculture land. Can some body offer the comments in English?

    1. Sir,

      To my understanding NA would be from the date of conversion of such land or from a govt order to that effect.

      I suggest that you check with the local authorities about your questions/requirements, it will help clarify.

  4. I have done na 44 and the last order is given by nagar palika mukhya adhikari in June 2016 not by collector is it right

  5. We are tenants (pagadi). Our owner is developing the plot. Are we liable to pay revenue to govt for the use of NA plot for commercial purpose or the owner is liable? The property is situated in Borivali district,Mumbai.

    1. Sir,

      You would need to refer to your rent agreement with the landlord which can clarify who pays the taxes. It may be a good idea to meet the concerned authorities & discuss to get the clarification. You may need to discuss your exact circumstances with a local professional.

  6. our building is 30 year old in Mumbai,maharashtra and developer has constructed it with all permission from BMC, (mumbai), maharashtra but land still shown on record as agriculture land and we are paying non agriculture tax for all this years.

    can BMC or land collector take objection or penalty and insist for Converting to NA?

    even court has issued conveyance in favour of society but talati asking for NA certificate. how to deal with this

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