Disposal of land, transfer or acquisition of which is invalid for breach of condition.

§122A

Summary

1[122A. Disposal of land, transfer or acquisition of which is invalid for breach of condition.- (1) Where the Collector suo motu or on an application made to him in this behalf has reason to believe that there has been a breach of any of the conditions subject to which permission to transfer land was granted under section 89, he shall issue a notice and hold an enquiry, and after giving an opportunity of being heard to the person in whose favour such transfer was made decide whether there has been any breach of condition of transfer, and on his holding in the affirmative, make an order declaring the transfer to be invalid unless he holds that the breach was occasioned for reasons beyond the control of such person. (2) On making an order under sub-section (1) the land shall stand forfeited and transferred to, and shall vest without further assurance in, the State Government. (3) The land vesting in the State Government under sub-section (2) shall be disposed of by the Collector to persons or bodies in the order given in section 84 or in such other manner as the State Government may, by general or special order, direct; and the encumbrances lawfully subsisting thereon on the date of the vesting shall be paid out of the occupancy price in the manner provided in section 44 for the payment of encumbrances out of the purchase price of the sale of land, but the right of the holder of such encumbrances to proceed against the person liable, for enforcement of his right in any other manner shall not be affected.] 2[(4) Notwithstanding anything contained in sub-sections (1) to (3), the transfer of land shall not be declared invalid by the Collector, where the transferee fulfills the requirements under sub-section (1) of section 89, if,- (i) the proceedings under sub-section (1) are initiated, after the date of commencement of the Maharashtra Tenancy and Agricultural Lands, the Hyderabad Tenancy and Agricultural Lands and the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) (Second Amendment) Act, 2016 (Mah. XX of 2016) (hereinafter in this sub-section referred to as "the commencement date") or such proceedings had been initiated prior to the commencement date, but no order under the said sub-section (1) had made on or before such commencement date, for breach of any conditions, subject to which permission to transfer such land was granted under section 89; and (ii) (a) the land so transferred is being used for agricultural purposes only and the transferee (other than tenant) pays an amount equal to fifty per cent. of the market value of such land as per the Annual Statement of Rates; or (b) the land so transferred is being put to use for any purpose other than agricultural purposes and the transferee pays an amount equal to seventy-five per cent of the market value of such land as per the Annual Statement of Rates. Explanation.- For the purposes of this sub-section, the term "Annual Statement of Rates" means the Annual Statement of Rates published under the provisions of the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules for the time being in force in this regard prevalent in respect of the year in which the transferee pays the amount as per sub-clauses (a) or (b), as the case may be, of this clause.]

1[122A. Disposal of land, transfer or acquisition of which is invalid for breach of condition.- (1) Where the Collector suo motu or on an application made to him in this behalf has reason to believe that there has been a breach of any of the conditions subject to which permission to transfer land was granted under section 89, he shall issue a notice and hold an enquiry, and after giving an opportunity of being heard to the person in whose favour such transfer was made decide whether there has been any breach of condition of transfer, and on his holding in the affirmative, make an order declaring the transfer to be invalid unless he holds that the breach was occasioned for reasons beyond the control of such person. (2) On making an order under sub-section (1) the land shall stand forfeited and transferred to, and shall vest without further assurance in, the State Government. (3) The land vesting in the State Government under sub-section (2) shall be disposed of by the Collector to persons or bodies in the order given in section 84 or in such other manner as the State Government may, by general or special order, direct; and the encumbrances lawfully subsisting thereon on the date of the vesting shall be paid out of the occupancy price in the manner provided in section 44 for the payment of encumbrances out of the purchase price of the sale of land, but the right of the holder of such encumbrances to proceed against the person liable, for enforcement of his right in any other manner shall not be affected.] 2[(4) Notwithstanding anything contained in sub-sections (1) to (3), the transfer of land shall not be declared invalid by the Collector, where the transferee fulfills the requirements under sub-section (1) of section 89, if,- (i) the proceedings under sub-section (1) are initiated, after the date of commencement of the Maharashtra Tenancy and Agricultural Lands, the Hyderabad Tenancy and Agricultural Lands and the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) (Second Amendment) Act, 2016 (Mah. XX of 2016) (hereinafter in this sub-section referred to as "the commencement date") or such proceedings had been initiated prior to the commencement date, but no order under the said sub-section (1) had made on or before such commencement date, for breach of any conditions, subject to which permission to transfer such land was granted under section 89; and (ii) (a) the land so transferred is being used for agricultural purposes only and the transferee (other than tenant) pays an amount equal to fifty per cent. of the market value of such land as per the Annual Statement of Rates; or (b) the land so transferred is being put to use for any purpose other than agricultural purposes and the transferee pays an amount equal to seventy-five per cent of the market value of such land as per the Annual Statement of Rates. Explanation.- For the purposes of this sub-section, the term "Annual Statement of Rates" means the Annual Statement of Rates published under the provisions of the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995 or any other Rules for the time being in force in this regard prevalent in respect of the year in which the transferee pays the amount as per sub-clauses (a) or (b), as the case may be, of this clause.]

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