Navigating Land Acquisition by Non-Agriculturists for Development and Industrialization

The acquisition of agricultural land by non-agriculturists in Maharashtra is governed by stringent regulations to protect agricultural interests and ensure appropriate land use. According to Section 63 of the Maharashtra Tenancy and Agricultural Lands Act, a non-agriculturist—someone who doesn't engage in farming or agricultural labor—cannot purchase agricultural land. This restriction extends to transactions through sale, gift, lease, exchange, or even mortgage without explicit legal approval.

For a non-agriculturist intending to purchase agricultural land for industrial use, the process involves submitting a detailed application to the Tahsildar. This application must include the 7/12 extract of the affected land and a proposal map, followed by a public notice inviting objections. This is aimed at ensuring transparency and providing a platform for existing landowners or stakeholders to voice concerns.

Further to obtaining initial permissions, the land must be developed for the stated industrial purpose within five years, failing which the original landowners retain the right to repurchase the land at the original sale price—a safeguard against speculative holding. Additionally, transactions involving land owned by Scheduled Tribes are subject to stringent scrutiny to prevent exploitation and displacement, underpinned by relevant sections of the Maharashtra Land Revenue Code and the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.

Purchasers are also obligated to comply with financial stipulations, including paying a non-agricultural assessment and a nominal fee (Nazarana) to the state, reflecting a commitment to the developmental use of the land. These fees contribute to state revenue and ensure that the land conversion does not burden the agricultural sector.

The framework is rigorously enforced, with provisions for penalties and legal recourse in cases of non-compliance or misuse of the acquired land. The state retains the authority to reassess and revoke permissions if the land is not utilized as intended, ensuring that agricultural lands are not unduly converted.