MRTP Chapter VII

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Questions and Answers

What is considered as land needed for a public purpose under the Land Acquisition Act, 1894?

Land reserved for a private company

Land required or reserved in a Regional plan, Development plan or town planning scheme (correct)

Land used for agricultural purposes

Land acquired by a private person

What are the ways in which the Planning Authority, Development Authority, or Appropriate Authority can acquire land?

By agreement, by making an application to the State Government, and by auction

By agreement, by making an application to the State Government, and by negotiation

By agreement, by making an application to the State Government, and by force

By agreement, by making an application to the State Government, and by granting land-owners or lessees Floor Space Index or Transferable Development Rights (correct)

What happens to the land acquired by the Planning Authority, Development Authority, or Appropriate Authority?

It is sold to a private company

It vests absolutely free from all encumbrances in the Planning Authority, Development Authority, or Appropriate Authority (correct)

It is used for agricultural purposes

It is given back to the original owner

What is the basis on which the value of the lessor's interest is determined?

The principles laid down in the Land Acquisition Act, 1894 Signup and view all the answers

What is the role of the State Government in the land acquisition process?

It makes a declaration that the land is needed for a public purpose Signup and view all the answers

What is the purpose of the Official Gazette in the land acquisition process?

To declare that the land is needed for a public purpose Signup and view all the answers

What is the condition for the State Government to make a declaration that the land is needed for a public purpose?

If the State Government is satisfied that the land is needed for the public purpose specified in the application Signup and view all the answers

What is the consequence of the State Government's declaration that the land is needed for a public purpose?

The land is acquired by the Planning Authority, Development Authority, or Appropriate Authority Signup and view all the answers

What happens to the reservation, allotment, or designation of land if it is not acquired by agreement within 10 years?

It lapses, and the land is released from reservation. Signup and view all the answers

In what circumstances can the State Government acquire land under the Land Acquisition Act, 1894?

When the land is needed for a public purpose different from the one for which it is designated. Signup and view all the answers

What is the market value of the land determined by in case of acquisition?

The market value at the date of declaration in the Official Gazette. Signup and view all the answers

What happens when a notice is served on the Planning Authority, Development Authority, or Appropriate Authority regarding land not acquired within 10 years?

The reservation, allotment, or designation of the land lapses. Signup and view all the answers

Under what Act can the State Government acquire land for a public purpose?

The Land Acquisition Act, 1894. Signup and view all the answers

What is the purpose of the notification by the Government under section 127(2)?

To notify the lapsing of reservation, allotment, or designation of land. Signup and view all the answers

What is the consequence if the land is not acquired or no steps are taken for its acquisition within 12 months from the date of service of notice?

The reservation, allotment, or designation of the land lapses. Signup and view all the answers

Under what circumstances can the State Government acquire land for a purpose different from the one for which it is designated?

When the land is needed for a public purpose different from the one for which it is designated. Signup and view all the answers

What is the effect of publishing a declaration under section 6?

The Collector begins the process of acquiring the land Signup and view all the answers

What is the time limit for making a declaration after the publication of the draft Regional Plan?

One year Signup and view all the answers

What is the basis for determining the market value of land acquired for a new town?

The date of publication of the notification constituting the Development Authority Signup and view all the answers

What happens if a declaration is not made within the specified time period?

The State Government can make a fresh declaration Signup and view all the answers

What is the purpose of the declaration published under section 6?

To acquire land for public purposes Signup and view all the answers

What is the effect of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972 on the market value of land?

It does not affect the market value of land Signup and view all the answers

What is the basis for determining the market value of land acquired for a Special Planning Authority?

The date of publication of the notification of the area as undeveloped area Signup and view all the answers

What is the purpose of the provision in sub-section (4) of section 6?

To allow the State Government to make a fresh declaration for acquiring land Signup and view all the answers

In acquisition proceedings, who is deemed to be a person interested in the land acquired?

The Planning Authority, or Development Authority or Appropriate Authority Signup and view all the answers

What is considered when determining the amount of compensation to be awarded?

The market value of the land as if it had been released from the reservation Signup and view all the answers

What happens to the relevant plan or scheme when land vests in the State Government?

It is deemed to be suitably varied Signup and view all the answers

What is the minimum notice period before the Collector can take possession of the land?

15 days Signup and view all the answers

What is offered to the person interested before taking possession of the land?

Compensation for the standing crops and trees Signup and view all the answers

What happens to the right or interest in the land when the Collector takes possession?

It is extinguished from the date specified in the order Signup and view all the answers

Who can apply to the State Government for the possession of land reserved or designated for a public purpose?

The Planning Authority, Development Authority or Appropriate Authority Signup and view all the answers

What is the purpose of the notification under sub-section (2) of section 126?

To initiate the process of land acquisition Signup and view all the answers

Study Notes

Land Acquisition for Public Purposes

Land required for public purposes in a Regional plan, Development plan, or town planning scheme is deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894.
The Planning Authority, Development Authority, or Appropriate Authority may acquire land:
- By agreement, paying an agreed amount or granting the landowner/lessee an equivalent value of the lessor's interest in the form of Floor Space Index (FSI) or Transferable Development Rights (TDR) against the surrendered land.
- By making an application to the State Government to acquire the land under the Land Acquisition Act, 1894.
The acquired land, along with any developed amenities, shall vest absolutely free from all encumbrances in the Planning Authority, Development Authority, or Appropriate Authority.

Acquisition of Land Required for Public Purposes

The State Government may make a declaration in the Official Gazette, stating that the land is needed for a public purpose, after receiving an application from the Planning Authority, Development Authority, or Appropriate Authority.
The declaration shall be deemed to be a declaration made under the Land Acquisition Act, 1894, and the Collector shall proceed to acquire the land under the Act.
The market value of the land shall be determined based on the date of publication of the notification constituting or declaring the Development Authority, the date of publication of the notification of the area as an undeveloped area, or the date of publication of the interim development plan, draft development plan, or plan for the area or areas for comprehensive development, whichever is earlier.

Lapsing of Reservations

If land reserved, allotted, or designated for any purpose in a plan under this Act is not acquired by agreement within 10 years from the date of the final Regional Plan or final Development Plan coming into force, the owner or person interested in the land may serve notice on the Planning Authority, Development Authority, or Appropriate Authority.
If the land is not acquired or no steps are commenced for its acquisition within 12 months from the date of service of the notice, the reservation, allotment, or designation shall be deemed to have lapsed, and the land shall be released from such reservation, allotment, or designation.

Power of State Government to Acquire Lands for Purpose Other than the One Designated

The State Government may acquire land included in any plan or scheme for a public purpose different from the one designated in the plan or scheme, notwithstanding anything contained in this Act.
The State Government may acquire land for the purpose of a new town or for the Maharashtra Industrial Development Corporation.

Possession of Land in Case of Urgency

The State Government may authorize the Collector to enter on and take possession of land urgently required in the public interest, after giving a notice of 15 days.
The Collector shall offer compensation to the person interested for standing crops and trees on the land, and for any damage sustained by them.

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Description

Quiz on Land Acquisition Act, 1894, covering aspects of regional planning, development plans, and town planning schemes. Understand the provisions and applications of the Act.